Defense Verdict

On August 16, 2019, Stuart Office Managing Partner Lauren Smith, Esq. obtained a Defense Verdict in the five day trial of Bocinsky v. Federated National Insurance Company. The case involved a Hurricane Matthew price and scope dispute with several claims handling issues that were unfortunately allowed into evidence at trial, including the timing of Federated National’s post-suit cure payment for $60,000 after the claim had originally been found to be below the deductible. Plaintiff sought an additional $160,000 at trial, including $100,000 for a completely destroyed dock and seawall, which the Defense maintained were excluded by the water damage/storm surge exclusion. Read more

Motion for Summary Judgment

Stuart Managing Partner Lauren Smith, Esq. obtained a motion for summary judgment in a  first-party insurance matter. In the case styled Water Extraction Team a/a/o Sonderman v. FedNat, Plaintiff received a partial assignment of insurance benefits from FedNat’s insured.  Three days later, FedNat and the insured entered into a settlement agreement that encompassed the entire claim.  Plaintiff moved for summary judgment, arguing that the release did not apply to its portion of the claim because the assignment preceded FedNat’s settlement.  Read more

$125,431.56 Fee & Cost Judgment against Plaintiff

Stuart Managing Partner Lauren Smith, Esq. obtained a favorable result in matter styled Pelecki v. FedNat. when trial court granted  - $125,431.56 Fee & Cost Judgment against Plaintiff. This first-party case was brought by a husband and wife for Hurricane Matthew damage.  On behalf of FedNat, we served separate proposals for settlement on the Plaintiffs, each with a setoff condition that applied if only one proposal was accepted.  The proceeds received by the settling spouse would be set off against any verdict obtained by the remaining spouse.  Mr. Pelecki accepted his $30,000 proposal while Mrs. Pelecki opted to go to trial.  The jury awarded Mrs. Pelecki just $15,000 of the $130,000 she sought in damages.  Post-verdict, the trial court setoff the $30,000 settlement from the $15,000 verdict, resulting in a net zero judgment in FedNat’s favor.  Read more

Gorday, Thomas Gary G., Weinger, Daniel S.

Motion for Summary Judgment

On October 18, 2019, Pensacola Managing Partner Gary Gorday, Esq. presented oral argument on Defendant’s Motion for Summary Judgment in Dwyer v Gulf Coast, a case involving a fall by a disabled person outside of an office building.  The Motion for Summary Judgment was authored by Appellate Partner, Daniel Weinger, Esq.  The Plaintiff exited a vehicle, which was parked in a handicap space, from the passenger side. The driver of the vehicle did not observe the actual fall and there were no eye witnesses as the Plaintiff is a disabled person suffering from dementia and did not even recall the accident. 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

Notice of Voluntary Dismissal with Prejudice

Marc Greenberg, Senior Partner obtained a notice of voluntary dismissal with prejudice in matter styled Jane Doe v. International Airport, et al.   Plaintiff was in Terminal 3 of a South Florida International Airport walking to her connecting flight to return home to Texas when a ground transportation operator negligently impacted Plaintiff with a flat-bed luggage cart. Plaintiff sustained a left wrist fracture resulting in surgery, a nose fracture, and various facial abrasions. Her past medical bills were $91,000 at the time of the filing of the lawsuit. Plaintiff’s pre-suit global demand was $450,000. Read more

O'Connell, Erin, Peterfriend, William J.

Motion to Strike Pleadings for Fraud on the Court

Fort Lauderdale Managing Partner William Peterfriend, Esq., Senior Associate Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant’s Motion to Strike Pleadings for Fraud on the Court.  In the matter styled Sultan v. Verdes Tropicana, Inc.,  Plaintiff, Diane Sultan, was claiming injuries and damages stemming from a slip and fall in a bowling alley due to an alleged malfunction of a Keigel Ion lane machine, which Plaintiff claimed dropped oil when being moved from one lane to the next.  Plaintiff claimed that oil dripped and was the cause of her fall while bowling in a league at the Defendant, Verdes Tropicana, Inc.’s bowling alley. Read more

Kesner, Kelly L., Ferreyra, Edgardo

Motion for Summary Judgment

Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained an MSJ in the premises liability matter styled Lanza v. Charles Group Hotels, Inc. d/b/a Best Western Plus Atlantic Beach Resort. The case stemmed from a slip and fall in the stairwell of the Best Western Resort. Plaintiff testified that he fell on standing water in the stairwell. Importantly, Plaintiff noted that the water was clean and clear; there were no footprints and no track marks. Read more

Kesner, Kelly L., Ferreyra, Edgardo

Summary Judgment

On October 17, 2019, Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgement in the matter of JL Shoes v. Downtown Investments Corp. It was alleged by Plaintiff that Hurricane Irma caused damage to the building in which plaintiff leased retail space. The Plaintiff alleged that the building owner negligently maintained the roof, and that as a result, the retail store had been severely damaged causing the loss of the store’s entire inventory of shoes.  Plaintiff sought damages for the lost inventory, consequential damages, as well as moving and build out costs. It was successfully argued on behalf of the building owner that Plaintiff had failed to establish with any reasonable degree of certainty the damages that it had suffered. Read more

Final Summary Judgment

On July 9, 2019, Miami Partners Heather Calhoon, Esq. and  Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgment in the matter of Butler v. Wolthuis The case involved a motor vehicle versus pedestrian accident. The Plaintiff was struck by the defendant driver as she attempted to cross a busy Miami roadway. Plaintiff alleged severe physical injuries, including a traumatic brain injury. At the summary judgment hearing, it was successfully argued that the plaintiff had failed to produce any record evidence that the driver had been negligently operating his vehicle at the time the incident occurred. Read more

Newman, Haley E., Rosinsky, David L.

Motion for Summary Judgment

In matter styled Liberty Mutual Fire Ins. Co. a/s/o Puccini, Inc., d/b/a 5 Napkin Burger v. AA Fire Equipment Co.,  Construction Defect Partner David Rosinsky, Esq. and Senior Associate Hayley Newman, Esq. obtained a favorable result when court granted the Defendant’s motion for summary judgment. The subrogation action was for damages due to a restaurant fire that originated in kitchen.  Plaintiff’s insured was the owner of the building, which included a restaurant.  The restaurant underwent a build-out, which included installation of a grill hood and associated ventilation system.  Read more

Sato, Franklin H., Weinger, Daniel S.

Motion for Summary Judgment

On September 11, 2019, Fort Lauderdale Junior Partner Franklin Sato, Esq. and  Appellate Partner Daniel Weinger, Esq. obtained a good result when court granted motion for summary judgment in matter styled Martinez, Altagracia vs. Emerald Lake Office Center. Plaintiff was an invitee of one of the commercial condominiums tenants. As she is making her way down from the second floor to the first, Plaintiff slipped and fell due to water on stairs that was only partially covered from the elements. As a result Plaintiff sustained both lumbar and cervical injuries to her spine. Read more

Burrows, Christopher H., Newman, Haley E.

Motion for Summary Judgment

On January 30, 2019, Boca Raton Senior Associate, Hayley Newman presented oral argument on Defendant’s Motion for Summary Judgment in JAFCO v. D&S Plumbing, a case involving construction and design defects at a children’s center in Broward County. Senior Partner Christopher Burrows authored the Motion for Summary Judgment with assistance from Hayley Newman. The plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project.  The general contractor filed a Third Party Complaint against its subcontractors, including our client a plumbing subcontractor. The general contractor’s four causes of action in the Third Party Complaint included contractual indemnity/breach of contract, common law indemnity, contribution, and negligence, alleging breach of its indemnification obligation in the subcontract. 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

Roca v. Citizens

Appeals | Litigation Support; First Party Property

Summary Judgment Affirmed

Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Roca v. Citizens when the Second District Court of Appeal issued a per curiam affirmance of a summary judgment for Citizens based on the policy’s notice and inspection requirements where the insureds failed to report the loss until after important evidence had been removed and discarded by a water mitigation company. Read more

Dorcey C. Miller III, Santaniello, Daniel J.

Defense Verdict

On March 17, 2017, Dan Santaniello and Dorsey Miller received a defense verdict after seven figure offer–fees recoverable – triple surgery case with liability (Miami-Dade) in premises liability matter styled Virginia Martinez v. Chanel, Inc. Plaintiff had over $606,000 in past medical expenses and her physiatrist, Dr. Craig Lichtblau, estimated that her future medical care and treatment would cost upwards of $850,000. Read More

Deana N. Dunham, Todd T. Springer

Defense Verdict

On October 11, 2018, Jacksonville Managing Partner Todd Springer, Esq. and Senior Associate Deana Dunham, Esq. obtained a defense verdict in a slip and fall matter styled  O’Neal v. Shops at St. Johns. Plaintiff demanded $224,000 at trial. Plaintiff was walking next to her daughter back to her car when she suddenly fell, coming down on brick pavers. Plaintiff alleged that an uneven brick paver protruded above the rest, causing her to trip and fall.  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

Final Summary Judgment

On August 29, 2018, Fort Lauderdale, Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Lisa Ruggiero v. Simon Property Group, Inc. This matter involved an alleged trip and fall at Boca Town Center, where Plaintiff alleged that as a result of tripping over roots she sustained an evulsion fracture requiring an open reduction ankle surgery. The Motion for Summary Judgment was based on the fact that Plaintiff cut through bushes in front of the Mall, and tripped over a tree root which was found among the bushes. Read More.