Trial Verdicts and Results
On August 2, 2018, Fort Lauderdale Managing Partner David Lipkin, Esq. and Senior Partner Dorsey Miller, Esq. obtained a defense verdict in the slip and fall matter styled Maria Cadette v. Defendant Store. Plaintiff, a then 57 year old woman alleged that on 8/31/14 she suffered a trip and fall injury at a Defendant store garden department caused by loose mulch which had spilled from ripped bags onto the floor. In support of her claim she offered several photographs alleged to have been taken shortly after her fall showing mulch on the ground. Defendant Store denied it was negligent and noted that plaintiff’s fall was not caused by the mulch on the ground, but by plaintiff simply attempting to lift an entire bag of mulch by herself without assistance as plaintiff admitted on cross examination that the fall occurred as she attempted to lift a bag of that was stacked on a pallet at nose level. Read More
On July 19, 2018, Managing Partner Dan Santaniello, Esq. and Miami Associate Cristina Sevilla, Esq. received a complete defense verdict in a first-party property matter styled German Chavez and Maria Del R Morales v. Citizens Property Insurance Corporation. Plaintiffs made a homeowner’s insurance claim alleging their property was damaged as a result of a hot water supply line leak beneath the floor slab. At trial, Plaintiffs offered the expert opinions of Grant Renne, P.E. who testified the water discharge caused tile debondment and foundational damage. Plaintiffs’ loss consultant, Ricardo Tello, estimated the cost of repairs to be in excess of $90,000. While the parties stipulated that an accidental discharge of water beneath the floor slab did occur, Defendant maintained there was no direct physical loss to covered property as a result of the water discharge. Read More
On July 9, 2018, Senior Partners Luis Menendez-Aponte, Esq., Stuart Cohen, Esq. and Senior Associate Matthew W. Van Wie, Esq. obtained Final Summary Judgment in favor of the Defendant Global Cargo Alliance Corp. in relation to a trip-and-fall incident in matter styled Gonzalez, Armando & Deliaimar vs. Global Cargo Alliance, Corp. The Plaintiff, a deliveryman, suffered a severe knee injury after he tripped and fell on a concrete riser step which led exclusively into the unit lease by the Defendant. As a result of the fall, the Plaintiff underwent arthroscopic knee surgery to repair the damage, and received a medical recommendation for a second surgery. Read More
Dorsey Miller, Esq. obtained a voluntary dismissal in the Premises Liability matter styled Coral v. BodyTek Fitness. Plaintiff fell and broke her arm while performing the “box jump” at Defendant’s gym. Plaintiff signed a waiver giving up her right to sue and Defense filed an MSJ based on that waiver. Read More
This case was a $775,000 subrogation action filed by the condominium association’s insurance company against our client, a unit owner. A dismissal was obtained in light of our arguments relying upon language within subject insurance policy as well as the condominium documents. 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
Fort Lauderdale Senior Partner Dorsey Miller, Esq. prevailed on a Motion for Summary Judgment in Joseph vs. Broward County Sheriff's Office and Israel. Plaintiff brought a 6-Count Complaint against BSO for fraud, breach of fiduciary duty, breach of public trust, preparing a false police report, violation of Plaintiff’s rights under section 1983 and negligent supervision. Plaintiff claimed BSO failed to properly document an incident involving him and a third party at a dog park, which prevented him from obtaining benefits from the Florida Crime Victims’ Fund for his injuries. Read More
Fort Lauderdale Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment and Motion for Sanctions for Fraud on the Court in a trip and fall matter styled Liliana Yanez v. Defendant Mall. This matter involved an alleged Trip and Fall at Boynton Beach Mall. Plaintiff alleged that she sustained extensive dental damage as a result of the fall. The Motion for Summary Judgment was based on the fact that the wrong entity was named in the Complaint. Read More
In the matter styled McCown v. Defendant Retail Store, Plaintiff tripped and fell over an L-Cart that was left in an aisle by our employee. Plaintiff claimed injuries to her neck and back. Dr. Steven Dutcher of Boca Raton opined that Plaintiff was a candidate for a L4-5 decompressive hemilaminectomy with discectomy and intralaminar stabilization as well as an anterior cervical decompression with fusion at C3-4, 4-5, and 5-6. Read More
In the matter styled Reyes v. Defendant Retail Store, Plaintiff filed a lawsuit for conversion, property damages, pain and suffering, and breach of contract resulting from work performed by our client on Plaintiff’s automobile. Plaintiff was seeking more than $26,000 in damages. Read More
On June 27, 2018, Managing Partner Dan Santaniello, Esq. and Boca Raton Junior Partner Chris Moore, Esq. obtained a defense verdict in a motor vehicle accident in a negligence case styled Keith Friberg v. Defendant Driver. Plaintiff claimed he was physically attacked from behind while going to the bathroom at a gentlemen's club by Defendant's friend, then had to leave to avoid further attack by the other friends of the attacker. Plaintiff testified that he kicked and stomped his attacker in self-defense, then drove away while Defendant Driver and his friends pounded on his car to continue the attack. After thinking he had successfully avoided further confrontation, Plaintiff testified at trial that he saw Defendant Driver travel across four lanes of traffic on I-95 and ram into his vehicle, causing both vehicles to crash into the concrete barrier at 70 mph, and skid about 100 yards, totaling both vehicles and causing all of the airbags in Plaintiff's vehicle to go off. Read More
Shana Nogues obtained a dismissal with prejudice for fraud on the court in the matter styled Alvarez v. El Faro Latin Cafe, Inc., Martinez Distributors Corp, and Camanchaca, Inc. The case stems from alleged ciguatera poisoning after eating fish at the restaurant. Plaintiff was claiming a slew of illnesses, including neurological damage. The Plaintiff produced over 1,000 photographs depicting his alleged illness, including several that he testified depicted the very fish he ate at the restaurant. Read More
On May 11, 2018, Jacksonville Managing Partner Todd Springer, Esq., and Lynette Whitehurst, Esq., received a defense verdict in the premises liability matter styled Renan Pierre v. Tiger Lake Subdivision Property Owners Association. Plaintiff presented a combined loss of past and future earning capacity of over $450,000 and future life care needs of over $500,000. Plaintiff Pierre was dumping a load of shell rock when the dump truck he was operating overturned on the unpaved roadway owned by Tiger Lake. Plaintiff alleged that the road was unsafe and was not properly compacted. The jury found no negligence on the part of Tiger Lake. Read more
On April 27, 2018, Boca Raton Junior Partner Chris Moore, Esq. obtained a final summary judgment in the matter styled Siddique v. Defendant HOA, et al. The Estate of Rayyan Siddique sued for wrongful death arising out of a drowning incident in a man made pond after the young autistic boy was last seen alive going into the water by a neighbor from across the pond. Read More
Miami Managing Partner Stuart Cohen, Esq. and Senior Partner Luis Menendez-Aponte, Esq. obtained a defense verdict on 12/15/2017 in the automobile liability matter styled Arianny Pinero vs. Laura Ruiz. The Defendant admitted negligence in causing the accident, but denied that her negligence was the legal cause of any loss, damage or injury to the Plaintiff. Plaintiff demanded $350,000. The Plaintiff underwent an MRI which revealed a herniation at C3-C4 and a bulge at L4-L5. 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
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