Motion for Summary Judgment

Boca Raton Senior Partner Marc Greenberg was granted Defendant’s Motion for Summary Judgment in Palm Beach County in the premises liability matter styled Smith, Renelle v. Defendant Retail Store.  Plaintiff  claims to have slipped and NOT fallen due to water on the floor dripping from the ceiling. Read More

Defense Verdict

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

Summary Final Judgment

Tampa Junior Partner Joseph Kopacz obtained a Summary Final Judgment in the matter of April Sheffield and as guardian on behalf of Alexander Sheffield v. RRJTM Investments 1, LLC. and 1120 N. Washington, LLC. in Sarasota County, Florida in front of the Honorable Judge Brian Iten on April 4, 2016. Plaintiffs alleged a negligence cause of action against RRJTM (and the Co-Defendant 1120) regarding a dangerous concrete barrier separating two properties owned by the Defendants. Read More

Edgardo Ferreyra, Daniel J. Santaniello

Motion to Dismiss with Prejudice

The Miami Office prevailed in the matter styled Sewell v. Racetrac Petroleum, Inc. when the Court granted Defendant’s Motion to Dismiss and/or to Strike Plaintiff’s Second Amended Complaint and dismissed Plaintiff’s Complaint with prejudice on the issue of duty at a Special Set hearing on April 4, 2016. Read More

Favorable Verdict

Managing Partner Dan Santaniello and Miami Junior Partner Dexter Romanez received a favorable verdict in the personal injury matter styled Carlos J. Colman, Sr. v. Defendant Retail Store on March 28, 2016. Plaintiff was struck by an industrial shopping cart loaded with lumber as he exited Defendant Store, when the wheels of the cart got stuck on the threshold at the exit and the lumber fell forward, causing the cart to shoot directly into the plaintiff’s chest. Plaintiff immediately fell to the ground in pain unable to breathe and claimed he sustained injuries to his chest, left shoulder, cervical, thoracic, and lumbar spines. Plaintiff underwent an anterior cervical discectomy with a total disc arthroplasty at C5-6 with Dr. Thomas Roush. Plaintiff was eventually seen by Dr. Kingsley Chin for low back pain and eventually underwent a lumbar decompression with interspinous fixation and fusion at L5-S1 to resolve a disc herniation. Plaintiff claimed permanent limitations performing activities of daily living, including the ability to run or walk without a significant limp. Plaintiff’s counsel asked the jury for $1,520,000 which included $320,000 for past medical expenses, $200,000 in future medical expenses; and $1 million in past and future pain and suffering. The jury found the Plaintiff 50% comparative negligence. The verdict was 25% less than the Proposal for Settlement and Defendant is entitled to attorney’s fees and costs. Read More

Felipe Ernani vs. Mynt Holding Co., LLC.

Defense Verdict

Founding Partner Jack Luks and Senior Partner David Lipkin received a defense verdict in the premises liability matter styled Felipe Ernani vs. Mynt Holding Co., LLC. on March 9, 2016. Mynt lounge was the only remaining defendant, both the city and the police officers settled out of this case several years ago. The plaintiffs alleged that as the police officers were off duty and working for Mynt as specially assigned off duty police officers paid for by Mynt, that Mynt was responsible for their conduct. Read More

Summary Final Judgment Affirmed

Appellate Junior  Partner Doreen Lasch prevailed on Appeal in a trip and fall matter styled Jeanette Garguilo v. A & N Management, Inc. and Sausalito Place HOA. Plaintiff appealed a Summary Final Judgment entered in favor of defendants homeowner association and property management company wherein plaintiff tripped and fell in a “tree hole” located in her front lawn adjacent to her driveway and sustained multiple injuries. Read More

Kazandra Bern v. Dafne Acevedo and Marcell Camejo

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ATTORNEY

Order Denying Plaintiff Entitlement to Costs and Fees post-trial

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Kazandra Bern v. Dafne Acevedo and Marcelle Camejo

Favorable Verdict

Dan Santaniello received a favorable verdict in the motor vehicle accident matter styled Kazandra Bern v. Dafne Acevedo and Marcelle Camejo on February 18, 2016. The matter went back to trial four times. Plaintiff’s counsel asked the jury for $4.6 million. Plaintiff underwent a total of 5 surgeries, including a tibiocalcaneal fusion. At the time of trial, Ms. Bern’s past medical expenses totaled $966,759.  Plaintiff called rehabilitation specialist (life care planner), Larry Foreman, C.R.A. who testified that Plaintiff will need approximately $489,000 in future medical care over the remainder of her lifetime consisting of office visits, medications, injections and physical therapy. Prior to the accident, Ms. Bern worked as a medical transcriptionist earning $15.00 per hour. Her past and future loss of earning claim totaled $288,684.00. The jury found Plaintiff comparative negligence 11.67%, Fabre Defendant 50% and Defendant 38.33%. After set–offs, the net effective verdict was $447,984, well below pre-trial offers. Read More

Defense Verdict

Fort Lauderdale Junior Partner Dorsey Miller received a defense verdict in Civil Rights matter styled Joe Mathis v. Det. Erick Quigley and Det. Justin Augustus.  Plaintiff claimed that he was beaten by two BSO Officers, Deputy Quigley and Deputy Augustus, resulting in a broken nose.  According to the BSO Event Report, Mr. Mathis was the subject of a “buy-bust” operation in Pompano Beach.  During that operation, an undercover officer brokered an illegal narcotics transaction with Plaintiff, after which BSO deputies moved in to arrest him. Plaintiff fled to a nearby apartment located at 1565 NW 14th Circle and locked the door behind him. After initially ignoring several verbal commands to open the door, he finally relented, at which point Deputies Quigley and Augustus entered the apartment and attempted to place him under arrest.  A scuffle ensued and Deputy Quigley attempted a knee strike to the Plaintiff’s abdomen to gain control over him, but wound up striking him in the face. Plaintiff then ceased resisting arrest and was taken into custody.  Plaintiff alleged a violation of his right to be free from excessive force under the Fourth Amendment. Defendants denied all allegations and claimed qualified immunity. After a 2-day jury trial, a directed verdict was granted in favor of Det. Augustus and a defense verdict was entered in favor of Det. Quigley after 10 minutes of deliberation. Read more

Luis Menendez-Aponte, Daniel J. Santaniello

Defense Verdict

Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on January 8, 2016 in the motor vehicle accident matter styled Evelia Rodriguez v. Humberto Torres.  The accident occurred when the Defendant, Humberto Torres, rear-ended the Plaintiff, causing significant property damage to the Plaintiff’s vehicle. The Defendant pled the affirmative defense of sudden loss of consciousness.  According to the Defendant, the accident happened when he lost consciousness due to the sudden onset of an epileptic seizure, a condition he had never suffered from before this accident. Read More

Coons v. Garlock

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Creek v. Garlock

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Settled during Trial

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Fisher v. AP

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Higley v. Garlock

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Immamovic v. Politis

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Appellate Final Judgment Affirmed

Appellate Junior  Partner Doreen Lasch prevailed on Appeal in a personal injury matter styled Kevin Connor v. Villa D’Este and Campbell Property Management.  Plaintiff was injured when he fell from a ladder onto the driveway of his neighbor’s house while he was helping his neighbor clean the parapet over his garage door. Plaintiff sued the homeowner association and property management company alleging that the ladder slipped out from under him due to the slippery condition of the driveway which had been re-sealed by the defendants. Read More

Final Summary Judgment

Boca Raton Senior Partner Marc Greenberg received a Final Summary Judgment in a slip and fall matter styled Klein v. Defendant Store and John Doe. The lawsuit arose when eighty one year old Plaintiff, a patron in Defendant Store alleged he slip and fell on a liquid substance near the drinking fountain. Plaintiff alleged blood clots in the lung, hip fracture and facial lacerations and underwent two surgeries. Read More

Luthi v. AP

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Rucker v. Garlock

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