Verdicts by Location: Tallahassee
Senior Associate Tabitha Jackson, Esq., and her team in Tallahassee recently won a Motion to Strike Attorney’s Fees under § 627.401, Florida Statutes in matter styled Peter Harmon & Debra Harmon v. First Protective Insurance Company d/b/a Frontline Insurance. In Florida, you may sue for indemnity and also fees. Though, in the event an insurance policy was delivered to an insured out of the State of Florida, an insured is prohibited from seeking fees. This is helpful when an insured sues for damage to a vacation home or second home, though the applicable insurance policy was delivered and issued to the insured at their homestead place of residence (outside of Florida). Here, Frontline had delivered the applicable policy to New Hampshire, for an insured property located in Florida. Though, because the policy was issued and delivered to New Hampshire, the insureds were prohibited from seeking fees under § 627.428, Florida Statutes.
Tallahassee, Defense Verdict, $500,00 sought. Plaintiff was seeking to recover approx. $500,000 in damages at trial however the jury rendered a defense verdict of no liability. Defendant had a proposal for settlement and is moving for attorney’s fees and costs.
Managing Partners, Anthony J. Petrillo, Esq., and Audra M. Bryant, Esq., obtained a defense verdict of no liability in a slip and fall matter styled Cindy Dougherty v. Defendant Retail Store on July 13, 2021. The plaintiff was seeking to recover approximately $500,000 in damages at trial.
This case arises out of an incident occurring on August 20, 2014 at a retail store in Tallahassee, Florida. On that date, while inside the store obtaining her items, the Plaintiff slipped and fell on an oily substance on the floor. The Plaintiff alleged that the Defendant negligently maintained its premises by allowing an oily substance to accumulate on the floor.
The Plaintiff claimed that she sustained injuries to her hip, shoulder, feet and back resulting in over $200,000 in past medical expenses. The majority of her past economic damages were related to a hip and a shoulder surgery.
The Plaintiff’s theory of liability was that the retail store had actual notice of the condition as it failed to repair a forklift that leaked hydraulic fluid. The Defendant was able to easily disprove this theory and demonstrate that it was pursued with the flimsiest of evidence.
The Defendant moved for directed verdict on causation as to the plaintiff’s hip and shoulder surgeries and for directed verdict on future economic damages. After vigorous argument, the Defendant prevailed on both motions. Resultantly, the Defendant successfully limited the plaintiff to boardable past medical expenses of $18,700 and prohibited the plaintiff’s recovery of any future economic damages. The Defendant also moved for directed verdict on liability and the Court took the motion under advisement. Notably, the Court strongly indicated that the motion for directed verdict on liability would be granted, however, the Court wanted to first obtain the jury’s verdict.
After deliberating for less than 2 hours, the jury sided with the Defendant and rendered a defense verdict. The Defendant previously served a proposal for settlement that was rejected by the Plaintiff. Accordingly, the Defendant will be filing a motion to recover its attorney’s fees and costs. Read more
Tallahassee Managing Partner, Dale Paleschic, Esq., and Daniel Weinger, Esq., Appellate Partner recently teamed up for the second time in the same case and again defeated a Plaintiff’s claim against an assisted living facility being accused of neglect. Initially, the trial court entered an order dismissing the Plaintiff’s Complaint based on the Plaintiff’s failure to follow the statutorily mandated presuit notice requirements of Section 429.293, Florida Statutes. This result was per curiam affirmed by the Second District Court of Appeals. Following the District Court’s opinion, the Plaintiff tried to file an Amended Complaint after curing the alleged defects in their original notice. Mr. Paleschic and Mr. Weinger formulated an attack on the improper filing by filing a Motion to Dismiss and/or Strike the Amended Complaint. The Plaintiff then filed a response and Motion for Relief from Judgment Pursuant to Florida Rule of Civil Procedure 1.540(b). Read more
Dale Paleschic, Managing Partner, and Tabitha Jackson, Associate, in our Tallahassee office obtained an Order on the Joint Stipulation for Dismissal in a matter styled Kennedy v. Florida Department of Corrections, et al. Plaintiff, former inmate of FDOC, filed suit alleging wrongful and incorrect designation as a sexual predator while incarcerated. Though the alleged scrivener’s error was well resolved long prior to the suit and no evidence of harm was shown, Plaintiff brought a myriad of claims and grievances against FDOC, the Clerk of Court, and the State Attorneys’ Office. We filed a Motion to Dismiss the matter as well as a § 57.105, Fla. Stat. Motion for Sanctions with the Court. Read more
Tallahassee Associate Tabitha Jackson, Esq., obtained a Voluntary Dismissal in a matter styled Smart Storm Solutions, LLC a/a/o Brinkley v. Tower Hill Prime Insurance Company. Plaintiff, as a purported assignee of the insured, filed a breach of contract suit in June 2019, without any facts, evidence, or information permitting payment of benefits under the insured’s homeowners insurance policy. Five months later, an inflated estimate was provided to Tower Hill with a demand for $80,000, inclusive of fees. Discovery was propounded on Smart Storm, though they failed to respond, failed to produce any evidence of work performed (or to be performed), and failed to respond to multiple inquiries for depositions. Read more
On November 1, 2017, Tallahassee Partner Dale Paleschic, Esq. and Associate Alec Masson, Esq. obtained a defense verdict in the matter styled Mendiola v. Defendant Store. The verdict came on the fourth trial day. Plaintiff alleged he slipped on a blue-green liquid (thought to be detergent) off available security camera views. Read More
Tallahassee Partner James Waczewski and Associate Alec Masson, Esq. obtained a Summary Judgment in premises liability matter styled David Sisam and Julie Sisam v. Sandestin Owners Association. The case involved a Doctor who sued Sandestin Owner’s Association (“Sandestin”) for an incident where he was hit by a Shipes Landscaping Truck (“hired by “Sandestin”) while riding his bicycle. Prior to filing suit, he executed a general release which specifically released Shipes Landscaping and Old Dominion (Shipes’ Insurer) along with “all other corporations”, “Associations”, etc. Read More
Tallahassee Associate Alec Masson obtained an Order of Dismissal with Prejudice in the premises liability matter styled Roberts, John vs. Hundur Ltd. d/b/a Sandpiper Beacon Beach Resort and SBBR, LLC. due to Plaintiff’s repeated discovery violations and failure to obey court orders. The Court also entered an Order awarding the Defendants Attorneys’ Fees and Costs as sanctions. Read More
Tallahassee Associate Alec Masson prevailed on a Motion for Final Summary Judgment in the Dec Action matter styled Ascendant Commercial Insurance v. Best of Bricks, et al . Read More
Appellate Court Affirms Trial Court’s Ruling
Tallahassee Junior Partner James Waczewski and Orlando Associate Kate Kmiec prevailed on an appeal in a Motor Vehicle Accident case styled Donna M. Niederhelman v. Mary J. Tucker, at the Fifth District Court of Appeal on April 15, 2014. Our client, Appellee Tucker was sued following a minor car accident. Appellee Tucker's fault for the accident was admitted at trial, however Defense disputed that Plaintiff was injured in the accident. Orlando Partner Paul Jones handled the trial and obtained a defense verdict. Read More
James Waczewski, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a favorable decision on appeal on March 30, 2012 in a case styled Engeda Tadesse f/k/a Engedwork Woldemariam, Appellant v. Gulf Coast Transportation, Inc., d/b/a United Cab and Mohamed Moumen, Appellees. Luks, Santaniello handled the appeal only. The Appellate Court affirmed the Trial Court's ruling that the general set off statute applied to set off PIP benefits under the circumstances. Read More
Crystal Nevcherlian (Appellant) v. Mercury Insurance Group (Appellee), Motor Vehicle Accident Claim for UM Benefits, Florida Fifth District Court of Appeal, Volusia County, James P. Waczewski, Junior Partner. The Appellate Court affirmed the trial court’s judgment in favor of our client, the UM insurer, on the merits and our motion for appellate attorneys’ fees, September 27, 2011. Read More
The Court granted our motion to compel arbitration in Boston, Massachusetts, as provided by the warranty at issue, and agreed with us that the Federal Arbitration Act preempts Section 47.025, Florida Statutes, a Florida statute that invalidates provisions in contracts regarding to construction that require out-of-state litigation or arbitration, June 30, 2011 (Circuit Court, Fourteenth Judicial Circuit, Bay County, James P. Waczewski, Tallahassee Managing Attorney). Read More
The Appellate Court affirmed a judgment in favor of our client and also awarded our client Appellate Attorney's Fees, April 15, 2011. Commercial Eviction, District Court of Appeal, First District, James P. Waczewski, Tallahassee Managing Attorney. Read More
2011, James Waczewski and Leena Joseph. Read More