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Defense Verdict
Summary:

On April 27, 2016, Dan Santaniello and Luis Menendez-Aponte received a defense verdict in an MVA tender rejection case tried where Plaintiffs asked the Jury for $42 million at trial. The case was featured in an article in the Daily Business Review on June 16, 2016, “Miami Driver Avoids Liability in Crash With Drunken Driver” by Celia Ampel. The case styled Clairmeda Simeon as guardian of Vilbrun Simeon and Kedlen Joachim v. Michelett Auguste and Lanea Everett was venued in Miami-Dade County.  After eight days of trial and nearly 7 hours of deliberation, the jury entered a Defense verdict for Defendant Michelett Auguste finding that he was not negligent in the operation of his motor vehicle.  Plaintiff Simeon is in a persistent vegetative state and Plaintiff Joachim has a permanent seizure disorder.   Defendant, Michelette Auguste, was the only party represented who had insurance coverage.  Policy limits were tendered but rejected and the case went to trial.  The Plaintiffs also presented the testimony of life care planner Lawrence Forman in support of their request for a $19,856,000 life care plan.  Through the testimony of the defense engineer Roland Lamb, PE, the defense was able to establish that Plaintiffs’ expert engineer’s analysis was faulty and that the physical evidence supported our version of the accident.   Read More