Kaplan, Jonah D., Fischler, Jeremy B.

Plaintiff Voluntary Dismissal with Prejudice

Partners Jonah Kaplan, Esq., and Jeremy Fischler, Esq., received a good result in a First-Party Property matter when just prior to the hearing on the Motion for Summary Judgment, Plaintiff filed a Voluntary Dismissal with Prejudice. The lawsuit in matter styled State 2 State Restoration a/a/o Gabriel Rodriguez v. Centauri stemmed from a homeowner’s claim for water damage from a plumbing loss.The Plaintiff a third party vendor performed water mitigation as a result of a plumbing leak at the insured’s Property pursuant to an assignment of benefits.  The policy contained a Water Damage Exclusion Endorsement that excluded coverage for damages caused by plumbing leaks. Read more

Dismissal with Prejudice

Construction Partner David Rosinsky, Esq., obtained a good result in the matter styled BZB Barn, LLC. vs. Guerrero D. Construction, Inc. Buck Steel, Inc., Hornet Steel Buildings, Inc. when Plaintiff agreed to drop all claims against our client.   Plaintiff is the owner of an equestrian facility in Loxahatchee Grove. It purchased a pre-engineered steel building to cover an equestrian ring on its farm from a local distributor. The distributor purchased the materials and plans for the structure from our client. Due to agricultural exemptions, Plaintiff was not required to obtain a building permit and, as such, was not required to have the erection of the building performed by a licensed general contractor. Plaintiff chose to hire day laborers with no experience in the erection of the steel building. The day laborers did not follow the plans for the erection of the building and did not use the necessary temporary and permanent bracing to support it during the erection. Before the erection was completed, the partially erected building collapsed. Read more

Defense Verdict of No Liability

On January 16, 2020, Junior Partner Franklin Sato, Esq. obtained a defense verdict of no liability in a slip and fall matter styled Hossein Tabarestani v. Defendant Store. The demand at trial was $985,000.  This case arises out of an incident occurring on January 7, 2018 at the Defendant Wholesale Store in South Carolina. On that evening, Plaintiff was delivering a load of goods to the store when he slipped and fell on snow and ice in the loading dock. Earlier in the day both at the store and on Plaintiff’s route to the same, it had snowed in and around Bluffton, which accumulated on the ground. Immediately prior to his fall, Plaintiff had parked his truck and walked around the snow and ice that had accumulated on the ground for approximately 10 minutes while delivering his load. Plaintiff denies that he walked on the snow and ice prior to the incident. Plaintiff alleged that Defendant failed to remove the snow and ice and otherwise failed to maintain its loading dock in a reasonably safe condition. Read more

Plaintiff, individually and as Personal Representative of Decedent vs. First Coast Security Services, Inc.

Santaniello, Daniel J., Springer, Todd T.

Morgan & Morgan (Rick Block)

Net Verdict of $148,360

Managing Partners Daniel Santaniello, Esq. and Todd Springer, Esq. obtained a favorable result in a wrongful death negligent security matter.  Plaintiff asked the jury for $50 Million dollars in opening and then ultimately $1,000,000 per year for 29.5 years, which amounted to $29,500,000. The jury returned a verdict for $2,967,200. However, the jury apportioned 70% negligence to the decedent, 25% negligence to Fabre Defendant, Zachary Ames and only 5% negligence to Defendant, First Coast Security Services resulting in a net verdict of $148,360. First Coast was the only defendant remaining at the time of trial as Zachary Ames and the Pablo Creek Home Owner’s Association had settled out for a confidential sum pre-trial. 

Decedent was a 20-year-old student who had received a Bright Futures scholarship. He was invited to the home of Zachary Ames located in the neighborhood of Pablo Creek Reserve.  While at the home, Mr. Ames gave Decedent marijuana to smoke knowing it was his first time smoking marijuana.  Shortly after smoking the marijuana the decedent’s demeanor changed.  He became violent and paranoid.  He left the home and began walking through the neighborhood when he was stopped by a First Coast Security Officer. Read more

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