On November 3, 2017, Orlando Partner Paul Jones and Fort Myers Partner Howard Holden obtained a defense verdict in the slip and fall matter styled Jennifer Romero v. Defendant Store. Plaintiff was a business invitee and shopping in the water aisle of the supermarket side of Defendant store.  After selecting a pack of water, Plaintiff turned to walk toward the registers and slipped in a puddle of water in the middle of the aisle.  Plaintiff fell on her left knee and coccyx. Read More

On November 1, 2017, Tallahassee Partner Dale Paleschic, Esq. and Associate Alec Masson, Esq. obtained a defense verdict in the matter styled Mendiola v. Defendant Store. The verdict came on the fourth trial day.  Plaintiff alleged he slipped on a blue-green liquid (thought to be detergent) off available security camera views. Read More

On October 31, 2017, Jacksonville Partners Todd Springer, Esq. and Christopher Ritchie, Esq. obtained a defense verdict in the trip and fall matter styled Darlene Finley v. Defendant Store.  On the night of September 12, 2014, after backing her truck up to the delivery bay, Plaintiff was walking behind the store to enter through a rear door when Plaintiff tripped and fell over a speed bump.   Read More

Boca Raton Partner William Peterfriend, Esq. and Associate Erin O’Connell, Esq. prevailed in Final Judgment in a PIP matter styled East Coast Medical Rehab, Inc. a/a/o Reyna Terrero v. State Farm Mutual Automobile Insurance Company. Read More

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

Boca Raton Associate Jordan Greenberg, Esq. received a Final Summary Judgment in the premises liability matter styled Wise v. Defendant Store.  This matter arose from Plaintiff’s allegations that she was injured by being struck by an electric pallet jack operated by a store employee in the electronics action alley on “Black Friday.”  Read More

In the Appellate Decision styled Obregon v. Rosana Corp, Edgardo Ferreyra, Jr. and Shana Nogues received an opinion from the Third District Court of Appeal affirming Judge Cueto’s Order striking Plaintiff’s pleadings for fraud on the Court and reversing the trial court’s finding that the “legal representatives” in the release attached to the Proposal for Settlement filed by Defendant was ambiguous. Plaintiff/Appellant, who was represented by Rubenstein Law and Wasson & Associates, slipped and fell in Defendant’s restaurant allegedly injuring her neck and back and requiring two spine surgeries performed by Dr. Roush. Read More

Boca Raton Senior Partner Marc Greenberg obtained a favorable result in the premises liability matter styled John Doe v. Retail Store. Plaintiff’s Complaint asserted that he slipped and fell on liquid on the Defendant’s premises, resulting in significant and permanent injuries to his dominant right hand. During the infancy of discovery Plaintiff stated that he had never injured his right hand before the subject incident. Read More

On July 20, 2017, Orlando Partner Paul Jones, Esq. and Miami Partner Luis Menendez-Aponte, Esq. obtained a favorable verdict in the slip and fall matter styled Pineda v. Defendant Store. Plaintiff slipped and fell in Defendant’s store from water leaking from melting ice bags.  The store had six months of repair work orders from the ice machine producing melting ice leading up to the day of the incident.  Plaintiff sustained a large abrasion on her knee from the fall that was captured in photographs.  She actively treated with an orthopedic surgeon which ultimately resulted in two surgeries involving her knee and her shoulder.  Plaintiff incurred $133,755 in medical bills.  At trial, the plaintiff presented documentary evidence and testimony from her orthopedic surgeon that she required additional surgery, including a total knee replacement, from the fall.  The plaintiff asked the jury for $330,755.  The jury rejected the future care, found the plaintiff 50% at fault for the fall, and declined to award her any pain and suffering damages.  The net verdict was approximately $68,000, half of the plaintiff’s final demand before trial.  Read More 

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

On June 8, 2017, Orlando Partner Paul Jones, Esq. and Senior Associate Douglas Petro, Esq. obtained a favorable verdict in the slip and fall matter styled Alba v. Defendant Store. Plaintiff slipped and fell on a liquid left behind by the store’s floor scrubbing machine and there were no warning cones in place at the time.  Plaintiff incurred $300,000 in medicals for multiple surgeries (knee arthroscopy, cervical fusion, hardware removal from prior lumbar fusion) with another $140,000 needed for future medical expenses including revision surgeries testified to by her treating neurosurgeon. Plaintiff asked the jury for over $800,000 in total.  The jury awarded $18,000 representing the cost of initial treatment only and no award for pain and suffering damages. Defendant prevailed on its proposal for settlement and  Plaintiff’s Motion for New Trial was denied.  Read More

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

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

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

Senior Partner Aaron Wong obtained a favorable result for our client, Clarendon National Insurance Co., when the appellate court affirmed the trial court’s Final Judgment in Clarendon’s favor on November 18, 2016, denied Appellant’s Motion for Rehearing on January 9, 2017, and the Third District Court of Appeals ultimately denied Appellant’s Petition for Writ of Certiorari on February 9, 2017 in the auto liability matter styled Mark J. Feldman, P.A., Appellant v. Clarendon Nat’l Ins. Co., Appellee. Read More

Fort Myers Senior Partner Howard Holden was granted a Motion for Final Summary Judgment in a slip & fall matter styled Joseph Sendra v. Winn Dixie Stores, Inc., on January 4, 2017 in front of Judge Jay  Rosman in Lee County. Read More

Boca Raton Senior Partner Marc Greenberg obtained a favorable result when Defendant’s Motion for Judgment on the Pleadings was Granted in  the property damage and conversion matter styled Holbrook v. Defendant Premises Owner. Plaintiff’s last demand was $200,000. Defendant served a Proposal For Settlement and has been granted entitlement to attorney fees and costs. Plaintiff’s appeal is pending, which has been denied twice by the United States Supreme Court. Read More

Miami Associate Edgardo Ferreyra obtained a favorable result on December 21, 2016 when the Third DCA affirmed summary judgment and denial of plaintiff's request to the Florida Supreme Court in the trip and fall matter styled Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee.  The Appellate court granted our motion for Attorneys' Fees and denied Plaintiff's motion for Fees. Read More

Boca Raton Senior Associate Paul Shalhoub obtained  a dismissal with prejudice in the construction defect matter styled  Ruth Weinfeld and Robin Frank v.Tropical Roofscapes, Inc., et.al.  A co-Defendant sought common law indemnity and equitable subrogation against our client, Tropical Roofscapes, Inc., for alleged construction defects related to the replacement of Plaintiffs’ roof. Paul Shalhoub, Esq. was able to have both claims, including common law indemnity, dismissed with prejudice. Read More