Verdicts by Location: Tampa

Cernitz Law (Adam Feldman)

Summary Judgment

Tampa Associate Julian A. Brathwaite-Pierre, Esq. secured summary judgment in the First-Party Property matter styled Karen Soto Vega v. Defendant Insurance Company after argument at hearing on April 6, 2023. The Defense filed a Motion for Summary Judgment based on the Plaintiff’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever identified the alleged A/C leak that led to microbial mold growth in her home.

 

Plaintiff’s counsel filed a last-minute response to Defendants Motion for Summary Judgment, attempting to create issues of fact using Plaintiff’s affidavit, as well as the affidavit of her chosen Public Adjuster. In response, Mr. Brathwaite prepared a Motion to Strike the affidavits, which the Court allowed to be incorporated into the argument made in support of Defense’s Motion for Summary Judgment.

 

After striking the affidavits of Plaintiff and her Public Adjuster, the Court granted the Motion for Summary Judgment. Read More.

Weisser Elazar & Kantor, PLLC (Allison Hearn)

Voluntary Dismissal

Tampa Associate Julian A. Brathwaite-Pierre, Esq., moved for summary judgment in the First-Party Property matter styled Moldguard USA Corp. a/a/o Karen Soto Vega v. Defendant Insurance Company. Defense filed the Motion for Summary Judgment based on the Insured’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever identified the alleged A/C leak that led to microbial mold growth in her home. Additionally, at the deposition of the Plaintiff’s Corporate Representative, it was also elicited that they did not make any cause and origin determinations, nor could they establish that their services were provided in connection with a covered loss.

 

Plaintiff was unresponsive in getting the Motion for Summary Judgment set for a hearing. However, after invoking the Court’s unilateral hearing setting procedures, Plaintiff finally agreed to a hearing date of August 8, 2023. However, on June 23, 2023, Plaintiff filed a notice of Voluntary Dismissal, rather than attempt to overcome the motion. Read More.

Makris & Mullinax, P.A. (Matthew Mullinax)

Summary Judgment

Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured summary judgment in the First-Party Property matter styled Leila Wilson v. Defendant Insurance Company after continued argument at hearing on June 12, 2023. The Defense filed a Motion for Summary Judgment based on the Plaintiff’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever been on her roof prior to the alleged windstorm that caused damage to her roof. Additionally, the Plaintiff’s Daughter, who was also the tenant at the subject property for over a decade, provided deposition testimony that made it clear there was a question as to what the actual date of loss was.

 

It was also argued that Plaintiff’s experts’ opinions in opposition to Defendant’s Motion for Summary Judgment were not sufficient enough to create any issue of material fact, as the report, and affidavits provided were conclusory in nature and did not articulate in a manner satisfactory to the Court why Defendant’s expert’s opinion that the damage to the 30-year-old roof was simple wear and tear.

 

This was a unique situation, as this matter was transferred to Luks & Santaniello from another firm 10 days prior to Non-Binding Arbitration, and with the Summary Judgment Motion hearing being continued from March of 2023, prior to the transfer. Even with short notice, Mr. Brathwaite was able to prepare for and prevail at the continued hearing on the Defense’s Motion for Summary Judgment. Read More.

Your Insurance Attorney, PLLC (J. Michael Kelly)

Dismissal

Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on April 10, 2023, in the First-Party Property matter styled Truview Mold, LLC a/a/o Jordan Lloyd v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an invoice that was prepared after the date the assignment of benefits was executed by the Insured and the work completed, as an additional exhibit to the Complaint.

 

Plaintiff’s counsel filed a written response in opposition to the Defense’s Motion to Dismiss, arguing that because Plaintiff’s Assignment of Benefits Agreement referenced generally a forthcoming estimate of services, the invoice attached to the Complaint as an exhibit was incorporated by reference, and therefore contained within the Assignment of Benefits Agreement.

 

The Court was not swayed by the Plaintiff’s argument and dismissed the matter with prejudice. Read More.

Your Insurance Attorney, PLLC (J. Michael Kelly)

Dismissal

Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on April 10, 2023, in the First-Party Property matter styled Truview Mold, LLC a/a/o Otoniel Cutino v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an invoice that was prepared after the date the assignment of benefits was executed by the Insured and the work completed, as an additional exhibit to the Complaint.

 

At the hearing on the Motion to Dismiss, Plaintiff’s counsel argued in opposition to the Defense’s Motion to Dismiss that because Plaintiff’s Assignment of Benefits Agreement referenced generally a forthcoming estimate of services, the invoice attached to the Complaint as an exhibit was incorporated by reference, and therefore contained within the Assignment of Benefits Agreement.

 

The Court was not swayed by the Plaintiff’s argument and dismissed the matter with prejudice. In the Court’s Order, it was expressly stated that the Court found that “. . . . paragraph two of the Assignment of Benefits Agreement attached to Plaintiff’s Complaint does not satisfy 627.7152(2)(a)(5) Fla. Stat. by referencing, generally, that Plaintiff will provide an invoice for services and Plaintiff attaching an invoice for $1,500.00 dated February 15, 2022 to the Complaint as an exhibit 2.” Read More.

Theodore, Meghan L; Sparkman, James T; Moschell, Matthew P

Morgan & Morgan (David Henry)

Favorable Verdict

On October 6, 2023, Partners Jim Sparkman, Esq., Meghan Theodore, Esq., and Matthew Moschell, Esq., obtained a favorable verdict in trucking liability matter styled Plaintiff v. CWC Transport. Sparkman (Boca Raton), Theodore and Moschell (Tampa) defended a gasoline tanker company and its driver against a $3 million dollar claim with a cervical disc replacement. The jury found the plaintiff 65% at fault (the defense urged 50%), reduced the medical bills from $125,000 to $95,000, found no permanent injury, and rejected the 57-year-old parks and recreation supervisor’s claim for $171,000 in future life care damages. The team defended this low speed, sideswipe impact that occurred by gas pumps with a neurosurgical CME, an interventional radiological expert, and a biomedical engineer. The Plaintiff presented a chiropractor and a medical doctor, an Oxford trained trauma surgeon, and a life care planner. Read More.

Attorney(s):

Theodore, Meghan L; Moschell, Matthew P; Weinger, Daniel S.

Summary Judgment

Theodore, Meghan L; Moschell, Matthew P

Unice Salzman Jensen, P.A. (Jeffrey Jenson, Esq.)

Summary Judgment

Merendino, Anthony, Petrillo, Anthony J.

Fischer Redavid, PLLC (Jordan Redavid and John Fischer)

Favorable Verdict

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

Final Summary Judgment

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

Dismissal with Prejudice for Fraud on the Court

Tampa Senior Associate, Susan Mazuchowski, Esq. obtained a dismissal with prejudice in the case styled John Balogh v. Defendant Store.   Plaintiff claimed he tripped and fell at the store causing him to sustain personal injuries that included shoulder injuries requiring surgery.   In his deposition, Plaintiff denied prior shoulder complaints or issues.  The Defense filed a Motion to Dismiss for Fraud on the Court as discovery revealed medical records that reflected multiple prior shoulder complaints, including complaints one week prior to the incident.  Read more

Final Summary Judgment

Tampa Senior Associate Susan Mazuchowski, Esq. obtained a Final Summary Judgment in the slip and  fall matter styled Monnier v. Defendant Store in Pinellas County.  The Plaintiff’s complaint alleged he slipped on the paint of the crosswalk entering the Defendant’s store.  Discovery revealed that there had been rain throughout the day.   Plaintiff had over $60K in medical bills.  Read more

Favorable Verdict

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

Defense Verdict

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

Motion to Dismiss

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

Auto & Fleet Liability, Premises Liability

Motion to Dismiss

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

Summary Judgment

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

Defense Verdict

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

Favorable Verdict

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

Result:

Final Summary Judgment

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

Defense Verdict

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

Final Summary Judgment

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

Partial Summary Judgment

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

Summary Final Judgment

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

Summary Final Judgment

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

ATTORNEY

Dismissal with Prejudice

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

Favorable Verdict

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

Final Summary Judgment

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

Final Summary Judgment

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

Motion to Dismiss

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

Final Summary Judgment

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

Motion to Dismiss

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

Mottram, Tae v. Burgart Enterprises Towing, Inc.

Final Summary Judgment

SUMMARY. Read More

Final Summary Judgment

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

Defense Verdict

Motor Vehicle Accident, Hillsborough County, Michael Kestenbaum, Junior Partner and Anthony Petrillo, Tampa Partner, Defense Verdict, May 4, 2011. Read More

Rodriguez v. Rendon

Petrillo, Anthony J., Seitz, Jennifer J.

RESULT

SUMMARY. Read More

Defense Verdict

Velazquez v. McCain, Vehicular Liability, Hillsborough County, Anthony J. Petrillo, 2-26-10. Read More

Defense Verdict

Anthony Petrillo, Tampa Managing Partner and Matthew Evans, Associate obtained a defense verdict on February 26, 2008 in a slip and fall incident. Plaintiff was seeking 7 figure economic losses after slipping on gravy in Defendant's kitchen. The trial was bifurcated. Defense represented the Florida Division of Children and Families, Camelot Care Centers, Inc. and Janet Honaker. Honaker was a therapeutic foster parent of a bipolar foster child. The child had thrown a tantrum and flung gravy and glassware about the house and kitchen and ran to her room with a bottle of pills threatening suicide. Honaker called 911. Plaintiff was one of the responding officers. Plaintiff sued under a negligence theory and failure to warn. Plaintiff's alleged Honaker caused the dangerous condition and negligently failed to correct it or adequately warn of it. Plaintiff has been unable to work since Oct. of 2000 and had a very significant lost wage claim. Plaintiff had 2 back surgeries and is set to have another. Plaintiff past economic specials approximated $800K. Read More

Freda Hall v. Defendant Mall

RESULT

SUMMARY. Read More

Summary Judgment

Court granted Summary Judgment (4/23/2009) in high exposure case where a labor ready employee was ejected from a moving sanitation truck and suffered neck, back, arm and knee injuries. The Plaintiff was attempting to circumvent Workers’ Compensation immunity by arguing a "Turner exception"; i.e., that the employer's conduct was substantially certain to result in injury or death. Plaintiff’s argument was based on the allegations that the sanitation truck had no door, no seat belt or door belt, and the temporary employee was given no training or instructions. Defense cited numerous examples where door less travel is permitted, no statute or rule forbids it, and the seat belt statute specifically exempts sanitation workers in the course of their trash pickup. Read More

After setoffs and post-trial stipulations, a zero judgment was entered.

Defense admitted liability and causation of temporary damages. Plaintiff was travelling in the right hand lane when cars had stopped or slowed to allow Defendant to complete his left hand turn and dissect the lanes of travel. Plaintiff's vehicle struck Defendant's 3/4 ton pickup truck broadside, spinning it into another vehicle. Both Plaintiffs were ex-military and Plaintiff herself was honorably discharged with the Navy medal of good conduct. Jury found Plaintiff to be 10% at fault. Jury awarded Plaintiff past meds only of $10,733.33 and $0 claimed lost wages. After setoffs and post-trial
stipulations, a zero judgment was entered. Read More

Favorable Verdict

On May 24, 2005, at 3:30 p.m., on Highway 301 and MLK Boulevard, an accident occurred when Plaintiff's vehicle was rear-ended by Defendant's vehicle. This was a low-impact collision with minimal property damage. The net verdict after the PIP set-off of $ 10,000 was $ 8,095.21. Read More

RESULT

Anthony J. Petrillo, Partner received a defense verdict May 21, 2008 in a Premises Liability trial wherein Plaintiff, William Morea, a retiree, alleged
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

Summary Judgment

Anthony Petrillo, Partner was granted a Motion for Summary Judgment on liability for a store Slip and Fall incident in Polk County. Plaintiff sued on a Mode of Operation (MOO) theory after he fell from a shelf he climbed to retrieve a medicine cabinet. Plaintiff shattered his kneecap in the fall and sought significant money damages. Plaintiff’s medical bills totaled approximately $42,000. Defense argued that there was no genuine issue of material fact on inadequate staffing and no viable theory of negligence to proceed under. Anthony Petrillo, on behalf of Defendant store argued at the hearing that Plaintiff was the sole proximate cause of his own injuries and the Court agreed. Summary Judgment rendered May 2, 2008. Read More

RESULT

Anthony Petrillo, Partner received good results in a Negligent Security matter when the Jury found Plaintiff 80% responsible for his own damages, and Defendant store 20% at fault. The case was bifurcated and tried on liability only. Plaintiff was violently attacked by another customer, which was captured on the in-store surveillance camera. Plaintiff was rendered unconscious and transported to the ER. Plaintiff claimed over $100,000 in medical specials and a permanent brain injury causing him a multitude of psychological and memory problems. Plaintiff sought 7 figure monetary damages and his wife sought consortium damages. Defense was able to establish that Defendant Store's security measures were reasonable and adequate and that Plaintiff contributed to his injuries by engaging in a verbal altercation, escalating the situation. Defense obtained a directed verdict on the issues of Negligent Hiring and Retention. The verdict was rendered March 12, 2008. Read More

Excess | Wrongful Death, Product Liability

Summary Judgment

Anthony J. Petrillo, Managing Partner and Matthew L. Evans, Associate were granted a Motion for Summary Judgment December 17, 2007 in a
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

Favorable Verdict

Anthony J. Petrillo, Tampa Managing Partner and Jason Montes, Associate received good results when Jury found no permanency on a severe motor vehicle accident awarding Plaintiff past medicals only for a net verdict of $11,260.00 after PIP setoffs.   The case was tried solely on causation and damages. Plaintiff incurred approx. $21K in past medical bills alleging aggravation of a pre-existing neck injury (disc herniations) and a new back injury (activation of symptoms from a dormant/asymptomatic lumbar herniation).   Plaintiff’s treating doctors and Neurologist testified Plaintiff had permanent injury and assigned 23% permanent impairment rating.  Plaintiff asked the jury for past medicals of $21K, future medicals between $60K - $90K and pain & suffering damages between $300K  - $600K. Read More

Favorable Verdict

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

RESULT

SUMMARY. Read More

On October 31, 1998, Plaintiff was working as a guard in Tampa, riding in the cargo hold of an armored cash van manufactured by Defendant. Behind the guard's seat was a hollow metal bar designed to restrain the expected cargo of thirty boxes of coins (weighing approximately seven hundred pounds) and currency bags in the case of an accident. Defendant had never tested the design and did not submit the design for an engineering review. The van rear-ended a tanker in a heavy fog at a speed of approximately twenty-five mph. On impact, the cargo plowed through the metal bar with such force that it tore the seat partially off the pedestal and slammed the seat back into Plaintiff's head, breaking his neck. The case was tried on a single count of strict liability. Read More

Defense Verdict

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