Verdicts by Location: Tampa
Jessalea Shettle obtained a Final Summary Judgment and Final Declaratory Judgment in a coverage matter entitled Progressive American Insurance Company v. Allen Robert Grove, et al. Allan Thomas and Vivian Grove were allegedly injured in an automobile accident involving Vivian Thomas and filed suit against Ms. Thomas in Broward County, Florida. Vivian Thomas obtained a personal automobile insurance policy from Progressive, which was cancelled due to non-payment three days before Ms. Thomas was involved in the automobile accident with the Groves. Pre-Suit, Progressive denied coverage for the loss on the basis that the policy was not in effect on the date of loss. Following the filing of the lawsuit by the Groves, Progressive provided a defense under reservation of rights to Ms. Thomas, and retained Ms. Shettle to initiate a declaratory judgment action requesting the Court find as a matter of law the policy was properly cancelled in accordance with the applicable Florida Statutes and Progressive had no duty to defend or indemnify Ms. Thomas for the subject loss. Allan and Sally Grove disputed Progressive’s position, retaining attorney Gregg Silverstein to argue that Progressive failed to follow the proper Florida Statutes resulting in an invalid policy cancellation and argued the payments sought by Progressive were improper. Ms. Shettle was able to place irrefutable evidence in the record through Progressive corporate representative depositions that proper mailing and notice procedures were filed by Progressive in accordance with Fla. Stat. 627.728 resulting in a favorable declaratory judgment being entered on behalf of Progressive, removing any obligation to provide a defense or indemnification for the underlying bodily injury lawsuit.
Defense Verdict- Eight-Day Trial - Rear End Collision - Plaintiff Requested $7,000,000
On April 2, 2025, after an eight-day trial arising out of a disputed-liability rear-end collision, the jury returned a full defense verdict—deliberating for only 13 minutes before siding with our 24-year-old client. Plaintiff characterized the accident as a simple rear-end accident, but we argued that the plaintiff cut into our client’s lane and suddenly and unexpectedly slammed on their brakes. The jury agreed. The plaintiff rejected the policy tender and asked the jury for $7 million in closing argument. The damages presentation included $1,100,000 in past medical expenses. Plaintiff underwent four surgeries including a cervical fusion, lumbar discectomy, bilateral rotator cuff repair, and right wrist repair. Plaintiff also presented a $340,000 life care plan. Mid-trial, we successfully excluded the plaintiff’s proposed rebuttal expert testimony on causation, further weakening their case. Our proposal for settlement in the amount of the policy limits entitled us to seek fees and costs, making the victory even more significant.
On August 28, 2025, after a four-day trial, the jury returned a defense win in an intersectional collision case involving a national pizza delivery company. Despite the late file transfer just one week before trial, our parachute trial team stepped in and delivered outstanding results. Just prior to trial, we succeeded on a motion to exclude a cervical fusion surgical recommendation.
During trial, plaintiff called three experts—a radiologist we are seeing more frequently, Dr. Darren Buono, along with a neurosurgeon and a primary care physician—to support their damages case. The plaintiff demanded $1.4 million in closing argument, presenting claims of four disc herniations, a cervical epidural steroid injection, and ongoing pain management to leverage the perceived “deep pocket” defendant. Despite having a deceased defendant, no discovery responses, and no deposition testimony to rebut the Plaintiff’s claims, the defense team beat directed verdict on negligence and causation during trial. Shortly after closing arguments, the jury awarded just $78,000, an amount that fell below the defense’s proposal for settlement, resulting in a net zero judgment against the defendant.
Favorable Verdict | Morgan & Morgan | $266K Net Verdict | $2.5 Million Demand | Admitted Liability
On October 25, 2024, Tampa Partners, Jeff Benson and Tony Petrillo obtained a favorable verdict for a big box store in matter styled Plaintiff v. Defendant Retail Big Box Store. Plaintiff was struck and orthopedically pinned by an allegedly overloaded industrial freight cart. Liability was admitted and there was no comparative fault defense.
Plaintiff claimed the incident aggravated significant prior degenerative disc disease resulting in a laminectomy at L4-5 as well as other substantial chiropractic and pain management treatment. Plaintiff also claimed she would require a future SI joint fusion and future cervical surgery. Trial involved several experts on complex medical issues, the most notable being pre-existing undiagnosed neurogenic claudication.
The jury returned a verdict of $166K for past medical expenses (exact amount claimed) and only $100k for past pain and suffering. The jury made no award for Plaintiff’s claimed future medical expenses and future pain and suffering. The gross verdict was remarkably close to the pretrial offer and a substantial victory given Plaintiffs demand of $2.5M.
On January 3, 2025, Tampa Junior Partner Jessalea Shettle won a Motion for Judgment on the Pleadings, discharging Progressive’s requirement to indemnify and defend the insured in the underlying tort matter styled Progressive American Insurance Company v. Carr. Progressive’s Insured was involved in a severe car accident resulting in death. Their insured filed a complaint with the Department of Insurance and brought allegations that Progressive negligently mishandled his file, and failed to add $250,000/$500,000 bodily injury coverage to his vehicle when requested. The Estate filed suit against Progressive’s Insured, and Progressive filed a declaratory judgment action to seek confirmation from the Court that, at the time of the accident, the insured had not purchased and did not pay a premium for bodily injury coverage, despite his claims that he requested the change and Progressive breached its duty to its insured by failing to make a requested policy change. We were able to prove that Progressive’s policy accurately reflected what was purchased.
Meghan Theodore and Matt Moschell obtained Summary Judgment in a premises liability action in matter styled Faria v. Defendant Store arising out of an alleged slip and fall. Plaintiff alleged that he slipped and fell on a transitory foreign substance that was purportedly present for an extended period of time in Defendant Store’s parking lot.
At the outset of the case, Plaintiff requested the closed circuit television (CCTV) depicting the alleged incident. Based on Florida and federal case law, we objected to this request, and were able to prevent disclosure of the CCTV footage until after Plaintiff’s deposition. Notably, the CCTV footage showed Plaintiff stumble for a brief moment, but never entirely fall to the ground. However, Plaintiff told a different story at deposition—Plaintiff described the incident as a violent fall that caused his entire back to strike hard against the ground. The Court in turn granted our Motion for Summary Judgment and found that there were no genuine issues of material fact and that Defendant Store was therefore, entitled to judgment as a matter of law.
Tampa Senior Partner Megan Theodore, Esq., and Senior Associate Matthew Moschell, Esq., recently obtained Summary Judgment in a premises liability action arising out of an alleged slip and fall in Pinellas County, Florida. In matter styled Cynthia Veenstra v. BJ’s Restaurants, plaintiff alleged that she slipped on a fork at BJ’s Restaurants while being led to her table by a hostess, and claimed that BJ’s neither maintained its premises nor warned of a dangerous condition. As a result of this incident, Plaintiff claimed injuries to her left shoulder, left arm, ribs, and back. She sought recovery of past and future economic and non-economic damages, including lost wages and loss of future earnings due to her purported inability to return to work.
On Summary Judgment, we argued that there were no genuine issues of material fact and that BJ’s was therefore, entitled to judgment as a matter of law. Specifically, we maintained that Plaintiff had not, and could not, prove that BJ’s had notice of the allegedly dangerous condition that led to the fall. We also argued that proof of BJ’s alleged negligence would require a jury to indulge in the prohibited mental gymnastics of constructing one inference upon another. Ultimately, our Motion was well-taken, and the Court granted Final Summary Judgment with prejudice.
Managing Partners Anthony Petrillo, Esq., and Anthony Merendino, Esq., obtained a favorable result in a personal injury matter styled Connie Ader v. Defendant Retail Store in the Circuit Court of Lake County, Florida. Plaintiff asked the jury for $1.1 million dollars at trial. The jury returned a verdict for $20,000 for the Plaintiff however Defendant had a proposal for settlement and is moving for attorney's fees and costs.
Plaintiff alleged that while she was a business invitee of Defendant Retail Store, she sustained a permanent ulnar nerve injury in her left upper extremity as a result of cutting her left forearm on a display basket while walking past it at a Defendant Retail store. According to the Plaintiff, her left forearm was impaled by an allegedly defective display basket. Plaintiff’s position was that the allegedly defective wire basket either impacted her ulnar nerve or cut through the sensory branches of the ulnar nerve. Plaintiff claimed that as a result of the incident, she experienced pain, numbness, tingling, weakness, and burning in her left upper extremity, specifically, the 4th and 5th digits of her left hand, which caused her an inability to wear her wedding ring or grip/hold things including, among other things, a cell phone, golf club, bicycle handle, and her husband’s hand. Plaintiff sought damages for past and future pain & suffering, mental anguish, disability, disfigurement, inconvenience, and loss of capacity for the enjoyment of life.
Prior to trial, Defendant Retail Store admitted liability. At trial, an adverse inference instruction was given to the jury regarding Defendant Retail Store's loss of certain evidence (display basket) which allowed the jury to infer that the missing evidence was unfavorable to Defendant Retail Store. Plaintiff asked the jury for $1.1 million dollars at trial using a per diem argument that Plaintiff should be awarded $8.00 per hour for the 5 years since the incident and the estimated 20 years she is projected to live under the Mortality Table guidelines (excluding 8 hours per day for sleeping).
Prior to trial, Defendant Retail Store served a Proposal for Settlement (“PFS”) on the Plaintiff, and depending on the amount of Plaintiff’s recoverable costs incurred prior to the date of the PFS, Defendant Retail Store will likely be entitled to recover its attorney’s fees and costs from the Plaintiff from the date the PFS was served. Read more
Tampa Associate Lauren Wages, Esq., obtained good result when the court granted Defendant Citizens’ Motion for Final Summary Judgment on February 6, 2020 in matter styled Leonor Ferrerio v. Citizens Property Insurance Corporation. Plaintiff filed suit due to an alleged leak that originated in the garage from a water heater causing water to flow to the interior of Plaintiff’s home causing damage. In support of its Motion for Final Summary Judgment, Citizen submitted an affidavit of its expert who concluded that the garage where the water heater was located sat at a lower elevation than the living space slab and that the elevation of the garage sloped away from the living space. The expert further opined that there was no visible evidence of water damage related to a recent water heater leak. Citizens submitted a second affidavit confirming similar findings by its field adjuster at the time of his inspection. Plaintiff submitted an affidavit in opposition executed by the Plaintiff which the court found failed to controvert Defendant’s summary judgment evidence. The court specially found that “no cogent explanation has been brought forth by Plaintiff countering Citizens’ expert opinions that water flows down hill.” Read more
On August 22, 2019, Tampa Partner, Jeffrey Benson, Esq. obtained a favorable verdict in a four day jury trial styled Bass v. Lorence. In the case, the Defendant side-swiped the Plaintiff and then fled the scene of the accident. After undergoing surgery, the Plaintiff planned to present nearly $100,000 in medical bills to the jury. Defense counsel limited Plaintiff’s medical bills to what was actually paid by Medicaid, instead of what was originally billed to Medicaid. This reduced the medical bills to $35,000. During the case, the Defense showed that approximately $21,000 (of the $35,000) was for “pain management” in the form of Oxycodone. Read more
On September 20, 2018, Tampa Managing Partner Anthony Petrillo, Esq. and Senior Associate Michael Bohneberger, Esq. received a defense verdict in the slip and fall matter styled Smith, Jonnie Mae v. United Services Group. Plaintiff alleged that she slipped in a puddle of dark liquid located on the floor in front of the Dairy Queen/Orange Julius located inside the University Mall. Video surveillance footage of the area was able to show that no such puddle existed. The case was bifurcated and only liability was at issue at the time the Defense verdict was entered. Read More
Michael Kestenbaum, Tampa Senior Partner obtained good result in non-profit directors and officers matter styled First Transit, Inc. vs. Pinellas Suncoast Transit Authority and Jolley. District Court Judge’s Order adopted the Magistrate’s Report and Recommendation (in all respects) granting both defendants’ (Jolley Trolley’s and PSTA’s) Motions to Dismiss and denying First Transit’s Amended and Renewed Motion for Preliminary Injunction. Read More
On May 8, 2018, Tampa Senior Associate, Michael Bohnenberger, Esq. obtained a case dismissal and entry of final judgment for the Defendants in the matter styled Gass, Carey vs. William Young Warren and HCW Transport Company, LLC. On August 14, 2017, Defendants moved to dismiss the case for Plaintiff’s failure to effectuate service of process within 120 days per Florida Rule of Civil Procedure 1.070(j). On February 7, 2018, the Court heard argument on Defendants’ Motion To Dismiss Case. Read More
On November 30,2017, Tampa Senior Associate, Michael Bohnenberger, Esq. obtained a summary judgment in Federal Court on the slip and fall matter styled Valorie Cave vs. Defendant Store. Plaintiff was a business invitee shopping several aisles away from the produce department. Read More
On August 15, 2017, Tampa Partner, Joseph Kopacz, Esq. obtained a Defense Verdict in the matter of Brubaker v. Kopper Kitchen in Pinellas County, Florida in front of Judge Pamela Campbell. Plaintiff alleged Kopper Kitchen was negligent in the installation of the brick paver walkway at the entrance of the building. Plaintiff demanded $350,000 before suit was filed. Plaintiff, a pastor claimed minimal lost wages. Plaintiff sustained significant injuries to her face including a broken nose which included additional cosmetic surgeries. Plaintiff also alleged a neck injury and the loss of her voice from the fall. The fall was captured on video surveillance where Plaintiff was depicted carrying her granddaughter on her right hip and carrying a large purse on her left shoulder. The video depicts the Plaintiff tripping on the brick paver walkway and smashing her face on the metal gate at the entrance of Kopper Kitchen. This video was played to the jury several times in an attempt to garner sympathy. Plaintiff’s husband, a police officer, testified at trial in uniform that there should have been a warning that the brick paver walkway was uneven. The Defendant argued Plaintiff tripped on the brick paver walkway because she failed to recognize the transition from the black asphalt to the open and obvious brick paver walkway. Testimony was elicited there was no other falls on the brick paver walkway before or after the Plaintiff and no modifications were made to the brick paver walkway following Plaintiff’s fall. Testimony was also elicited from one of the tenants on the Kopper Kitchen property that observed people using walkers, wheelchairs, and prosthetic legs safely ambulate the brick paver walkway before and after the Plaintiff’s fall. Plaintiff retained an Engineer to opine the brick paver walkway presented an unexpected tripping hazard because one of the brick pavers were raised over a 1/4 inch, but less than a 3/8 of inch. Plaintiff’s Engineer claimed Kopper Kitchen violated the Life Safety Code, Building Code, and the ADA. Defendant hired a construction expert to opine the brick paver walkway was correctly installed and did not violate any codes. The jury deliberated for less than 10 minutes before returning a complete defense verdict. Read More
On June 19, 2017, following a 6 day trial, Tampa Managing Partner, Anthony Petrillo, Esq. and Partner Joseph Kopacz , Esq. obtained a favorable jury verdict in the matter styled Tracy Demoss v. Tagco Oil Company in front of Judge Schaefer, in Pinellas County, Florida. This action arose from a Slip-and-Fall accident in the parking lot of TAGCO on August 30, 2015. At the time of the alleged fall, Plaintiff was wearing worn out flip-flops and alleged she slipped when she encountered a yellow-strip in the parking lot. Plaintiff claims the yellow strip did not have the required shark grip/additives presenting a sudden and unexpected change in slip resistance causing her to fall. Defendant argued the parking lot was in compliance with all applicable codes and industry standards. The yellow strips were slip resistant and no additional shark grip/additives were required to be used in this particular area that was a fire zone. Following this fall, Plaintiff had two surgeries including a right shoulder surgery and neck surgery at C6-C7 (Anterior Cervical Discectomy and Fusion). The shoulder surgery was to repair a torn labrum and a complete supraspinatus tear. Plaintiff’s medical bills were in excess of $419,000 and all plaintiff’s medical bills were billed under Letters of Protection (“LOP”). The jury returned a verdict finding plaintiff 60% at fault and Defendant 40%. The jury awarded: past medical expenses: $419,000, future medicals: $10,500, past pain and suffering: $40,000 and future pain and suffering: $20,000. After the comparative fault reduction, the jury verdict was reduced to $195,823. The final verdict was essentially 20% of what Plaintiff requested from the jury. Read More
On June 5, 2017, Tampa Junior Partner, Joseph Kopacz, obtained a final summary judgment in the matter styled Lee Billups v. Hubbard in front of Judge Schaefer in Pinellas County, Florida. The subject motor vehicle/moped accident occurred on July 31, 2013 in Kenneth City, Florida. Plaintiff, Lee A. Billups (“Billups”), was the driver of a 2012 GMVV moped which was struck by a 1999 Chevy Silverado pick-up truck driven by Angela M. Baker (“Baker”). Read More
On May 1, 2017, Tampa Partner, Joseph Kopacz, obtained a Defense Verdict in the matter of Kimberly Ellison v. Dag 3, LLC in Pinellas County, Florida in front of Judge Pamela Campbell. Plaintiff alleged Dag 3 was negligent in the maintenance of the parking lot at the shopping center by allowing a piece of exposed rebar to protrude from the top of a wheel stop causing her to fall. The plaintiff’s construction expert testified that the exposed rebar violated the ASTM standards and general maintenance guidelines. The defendant's construction expert testified that the subject parking lot complied with all building codes and industry standards. Testimony from the plaintiff's friend confirmed in fact he backed his pick-up truck (with a trailer hitch) into the parking space over the wheel stop in which plaintiff claimed to trip over. Defense argued plaintiff tripped over the trailer hitch attached to rear of the pick-up truck and not the exposed rebar on the wheel stop. The plaintiff broke both of her wrists from the fall and was rushed by ambulance to the hospital. Plaintiff was claiming medical expenses near $100,000 for the two surgeries performed to her left and right wrist. The case was tried on liability only. The jury deliberated for 5 minutes before rendering a defense verdict. Read More
Tampa Jr. Partner, Joseph Kopacz, obtained Summary Final Judgment in the matter of Brett Stout v. Desmond Rowden, LLC,, in Hillsborough County in front of Honorable Judge Isom on August 24, 2016. Plaintiff alleged negligence against Desmond Rowden, LLC. following his fall through a skylight on a roofing job in which he was responsible for removing and replacing several skylights on a warehouse building. Read More
Tampa Jr. Partner, Joseph Kopacz, obtained a partial summary judgment on December 24, 2016 in the matter styled KB Home v. Millard Roofing, as to all roofing claims alleged against Millard Roofing. The suit arises from claims asserted by KB Home against various subcontractors from alleged damages incurred during the construction of the Willowbrook Condominiums Project, which consists of 270 individual units in 51 buildings, located in Manatee County, Florida. Read More
Tampa Jr. Partner, Joseph Kopacz, obtained Summary Final Judgment in the matter of Brett Stout v. Desmond Rowden, LLC,, in Hillsborough County in front of Honorable Judge Isom on August 24, 2016. Plaintiff alleged negligence against Desmond Rowden, LLC. following his fall through a skylight on a roofing job in which he was responsible for removing and replacing several skylights on a warehouse building. Read More
Tampa Junior Partner Joseph Kopacz obtained a Summary Final Judgment in the matter of April Sheffield and as guardian on behalf of Alexander Sheffield v. RRJTM Investments 1, LLC. and 1120 N. Washington, LLC. in Sarasota County, Florida in front of the Honorable Judge Brian Iten on April 4, 2016. Plaintiffs alleged a negligence cause of action against RRJTM (and the Co-Defendant 1120) regarding a dangerous concrete barrier separating two properties owned by the Defendants. Read More
Tampa Senior Associate Joseph Kopacz obtained a voluntary dismissal with prejudice along with a payment of partial fees through a lapsed Proposal for Settlement (‘PFS”) in the negligence matter styled Adelia Samaha v. Hubbard Construction Company pending in Pinellas County, Florida. Plaintiff’s husband in this case drove Plaintiff’s Lexus into a closed construction zone significantly damaging the undercarriage of the vehicle. From the start, Defendant took a strong no liability position. Read More
Tampa Managing Partner Anthony Petrillo and Associate Joseph Kopacz obtained a favorable jury verdict in a slip and fall matter styled Terry and Barbara Tallent v. Pilot Travel Centers on October 16, 2014. Plaintiffs demanded $3.5 million at mediation and eventually filed Proposals for Settlement in the amount of $2.0 million 45 days prior to the start of the trial. The jury found Plaintiff 35% comparative negligence and returned a net verdict of $44,525. Read More
Tampa Associate Joseph Kopacz obtained a final summary judgment in a slip and fall matter styled Shane Newcome v. Pilot Travel Centers before the Honorable Linda Babb on September 19, 2014. Plaintiff claimed he slipped on diesel fuel in one of the diesel fuel islands after there was evidence plaintiff actually placed sand over the diesel fuel spill causing fall. Read More
Tampa Associate Joseph Kopacz obtained a final summary judgment in a negligent security matter styled James Pantages v. Sub Station I, Michael Hallal, and Deborah Hallal before Judge Patricia Thomas (Citrus County) on September 5, 2014. Plaintiff claimed defendants were negligent in allowing a homeless Vietnam Veteran on the premises who eventually stabbed plaintiff after a physical altercation. Read More
Tampa Associate Joseph Kopacz and Partner Anthony Petrillo obtained a Motion to Dismiss Plaintiff's Complaint with prejudice and entry of judgment against Plaintiff in a dog attack case styled Ralph Hayes v. Oldsmar Flea Market, on July 25, 2014. Defendant operated a flea market in Oldsmar, Florida. Plaintiff, Ralph Hayes, while walking through the parking lot of the flea market alleged to have been attacked by a large pit-bull. Read More
Tampa Associate Joseph Kopacz obtained a final summary judgment in a slip and fall matter styled Tracy Shelton v. Tragg Bar, Inc. d/b/a Georgie’s Alibi before the Honorable Walter L. Schafer on April 4, 2014. Plaintiff claims on her way from the bathroom she slipped and fell on water in the bar area. Plaintiff alleged Defendant negligently maintained the floor in the bar area by allowing a wet and slippery hazardous condition to exist on its premises, and that Defendant knew or should have known of the existence of this slippery condition, which caused Plaintiff to slip and fall. Read More
Tampa Senior Associate Joseph Kopacz obtained a Motion to Dismiss Plaintiff's Complaint for Fraud Upon the Court and entry of judgment against Plaintiff in a motor vehicle accident matter styled Shawn Grey v. Palm Beach Transportation Company, LLC and Michael P. Ryan, on March 21, 2014. Defendant Ryan was operating a Palm Beach Transportation Company yellow cab and struck Plaintiff’s vehicle. Read More
Tampa Managing Partner Anthony J. Petrillo obtained a Final Summary Judgment in a slip and fall case styled Tallent, Terry and Barbara v. Pilot Travel Centers, LLC., in the Twentieth Judicial Circuit, before the Honorable Joseph Foster, on February 20, 2013. Plaintiffs alleged Defendant Pilot negligently failed to warn, failed to inspect and failed to properly maintain its premises when it allowed a diesel fuel spill to remain on its premises for an unreasonable length of time. Read More
Motor Vehicle Accident, Hillsborough County, Michael Kestenbaum, Junior Partner and Anthony Petrillo, Tampa Partner, Defense Verdict, May 4, 2011. Read More
stipulations, a zero judgment was entered. Read More
the owners and managers of the apartment complex where he lived, were negligent. Plaintiff tripped and fell in and around the dumpster area
where he had just finished discarding his recyclables. The case was bifurcated and tried on liability only. Plaintiff sought in excess of $100,000 in
damages seeking compensation for his knee surgery and other injuries. Read More
double death Products Liability case when the judge found in her order that “the dangers associated with carbon monoxide poisoning are well known and Tennaco had no duty to re-warn.” The case set in the U.S. District Court, Middle District of Florida involved two teenagers who were killed by carbon monoxide poisoning, after spending the night in their mini-van. Read More
Daniel Santaniello, Anthony Petrillo and Paul Jones, the defense team for Florida Pool Products, received a major win on November 2, 2006 for a one month product liability trial in Pinellas County. Wal-Mart and Florida Pool Products, Inc. were co-defendants in the trial of a 3 year old boy who was rectally impaled resulting in a colostomy on a dive stick that had been recalled by the Consumer Product Safety Commission. Plaintiff asked the jury for $15 million in compensatory damages and further sought punitive damages in the amount of $32-40 million. The Jury found the family and others 85% at fault, resulting in a net verdict of $10,200 against our client and punitive damages of $120,000, well below a 7 figure Offer of Judgment. Read More
On February 10, 1999, at 7:00 p.m., Plaintiff was shocked by a four-hundred and eighty volt electrical wire servicing the light poles on the senior field of Defendant Azalea Little League in St. Petersburg. Plaintiff claimed that he had no memory of the manner in which he came into contact with the wire. Plaintiff alleged that Azalea Little League was negligent for allowing a dangerous condition to exist on the premises and that the electrician, Defendant Collins, was also negligent for failing to repair the wire sooner and failing to inspect the field before energizing the wire. Defendants contended and proved at trial that they had no prior knowledge of any dangerous condition and Plaintiff himself knew of the condition and voluntarily exposed himself to the danger by grabbing the wire with his thumb and forefinger. Plaintiff's damages were also disputed. Defendants filed a Proposal for Settlement to Plaintiff Martin for $ 9,000 and to Plaintiff Lynn for $ 1,000. Plaintiffs would not consider any offer below $ 100,000. With pain and suffering, Plaintiffs demanded approximately $ 400,000. Read More