On December 22, 2015, the Fifth District Court of Appeal Per Curiam Affirmed final summary judgment in a negligent security matter styled James Pantages v. Sub Station I, Michael Hallal, and Deborah Hallal. Tampa Senior Associate Joseph Kopacz handled the appeal to the Fifth District Court of Appeal and the hearing on the Motion for Summary Judgment  before Judge Patricia Thomas (Citrus County) on September 5, 2014. Plaintiff claimed defendants were negligent in allowing a homeless Vietnam Veteran on the premises who eventually stabbed plaintiff after a physical altercation. Read More

Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on December 3, 2015 in a traumatic brain injury Trucking liability lawsuit. Plaintiff, a 37 year old male was involved in a catastrophic intersection accident with an 18 wheeler semi-truck operated by the Defendant driver. Plaintiff’s vehicle was completely destroyed due to the severe impact and the Plaintiff had to be extracted from the vehicle by first responders using the jaws-of-life.  After Plaintiff’s release from the hospital, the Plaintiff underwent pain therapy, orthopedic therapy, and began treating with a neurologist Nicholas Suite, MD and neuro-psychologist Alejandro Arias, Psy.D. for alleged traumatic brain injury sustained during the accident. Read More

Junior Partner Jorge Padilla in the Miami office was granted Final Summary Judgment  in a negligence action arising out of a slip-and-fall matter styled Ricardo U. Aquino v. The Gardens of Kendall Property Owners Association, Inc., Et Al. on November 2, 2015. Read More

Fort Lauderdale Senior Partner David Lipkin received a Summary Judgment in a general negligence matter styled Moran v. Beach Bars USA and El-Ad FL Beach LLC.  This lawsuit arose from an incident at Dirty Blondes Bar in Ft. Lauderdale where the Plaintiff alleges he was assaulted after a dispute concerning the payment for drinks. Plaintiff alleged lumbar and cervical injuries and underwent lumbar fusion. Plaintiff incurred in excess of $116,000 in medical bills and was also making a lost wage claim. Read More

Tampa Senior Associate Joseph Kopacz obtained a voluntary dismissal with prejudice along with a payment of partial fees through a lapsed Proposal for Settlement (‘PFS”) in the negligence matter styled Adelia Samaha v. Hubbard Construction Company pending in Pinellas County, Florida. Plaintiff’s husband in this case drove Plaintiff’s Lexus into a closed construction zone significantly damaging the undercarriage of the vehicle. From the start, Defendant took a strong no liability position. Read More

Fort Lauderdale Junior Partner Doreen Lasch prevailed on appeal in matter styled Ruimy v. Beal. Plaintiff appealed a directed verdict entered in favor of owner of vehicle on plaintiff’s direct negligence claim and a defense jury verdict on plaintiff’s claim of vicarious liability against owner under the dangerous instrumentality doctrine. Read More

Junior Partner Daniel Fox was granted Final Summary Judgment based upon the fee schedule language in the policy in PIP matter styled Health And Wellness Services, Inc.  v. Occidental Fire and Casualty Company on September 24, 2015 in Miami-Dade county.  The Plaintiff provided medical services to Occidental’s insured.  Occidental reimbursed the medical provider pursuant to the fee schedule set forth in Fla. Stat. §627.736(5)(a)2. – 5., hereinafter referred to as the “PIP fee schedule”.  Read More

Paul Jones, Orlando Managing Partner and Olu Aduloju, Esq. received a defense verdict in a negligent security rape matter styled Webb v. El Governor Motel on 9/4/15 in Bay County.   The lawsuit arose from a burglary and subsequent rape committed by Ronald Lee, a guest at the El Governor Motel on or about April 15, 2011.  Plaintiff, Janice Williamson checked into the motel on April 13, 2011 with Scott Webb, her fiancé, and Mr. Webb’s minor son.  They checked into room 524. At some point on April 15, 2011, Ronald Lee, a convicted felon who is currently serving a life sentence for his actions, made entry into Plaintiffs’ room. Mr. Lee took several items belonging to Mr. Webb and Ms. Williamson, including cell phones and money, from room 524 back to his room next door, room 525. Read More

Shana Nogues, Associate obtained a dismissal with prejudice in the matter styled Dorsey vs. Hertz Corporation & Rosita N. Simmons. The negligence action arose out of an alleged automobile accident on June 5, 2010, but was filed on January 15, 2015, after the expiration of Florida’s four year Statute of Limitations for negligence actions pursuant to Section 95.11, Florida Statutes. Read More

South Florida Managing Partner Daniel Santaniello and Miami Junior Partner Luis Menendez-Aponte obtained a defense jury verdict after admitting liability on an automobile accident involving a 2 level cervical neck discectomy with fusion in the matter styled Jonathan Pallone vs. Harvey Ruiz-Padilla and Orlando Villanueva on July 2, 2015.  The Defendant admitted negligence but disputed causation and damages.  The Plaintiff demanded $527,828.62 at trial.  The jury returned a defense verdict finding that the Defendant’s negligence was not the legal cause of the Plaintiff’s damages.  Read More

Tampa Senior Associate Joseph Kopacz obtained a final declaratory judgment  in the matter styled Ascendant Commercial Insurance vs. Autoplex Used Car Super Center, LLC, Musharraf H. Babu, & Krystal Moore before Judge Patricia Campbell (Pinellas County) on June 30, 2015. Krystal Moore (“Moore”) sustained a brain injury in a two-vehicle accident requiring multiple surgeries and an extensive stay in the hospital. On August 2, 2012, Moore was a passenger in a vehicle driven by her boyfriend Musharraf H. Babu (“Babu”), who was an employee and owner of Autoplex Used Car Super Center, LLC. (“AutoPlex”), when the vehicle was hit near an intersection. Read More

Luks, Santaniello was granted a Motion for Final Summary Judgment in a slip and fall in an office building stairwell case styled Bernadine Jenkins vs. Preferred Building Services. The court found that there was no evidence the Defendant janitorial and maintenance company had any notice of an alleged dangerous condition on the stairwell where Plaintiff fell. Read More

Boca Raton Associate Jordan Greenberg obtained a Final Summary Judgment on June 26, 2015 in a negligent security matter styled Lynn Cannon, as PR of the Estate of Garrett Egan Cannon v. Villa San Remo HOA  and Hawk-Eye Management, in the Fifteenth Judicial Circuit (Palm Beach County).  The 25 year old decedent died after a night with his friends in the clubhouse parking lot of the Defendant homeowner’s association, during which plaintiff indulged in a cocktail of illegal drugs, including, cocaine, bath salts and LSD.  Read More

South Florida Managing Partner Daniel Santaniello obtained a favorable jury verdict in a motor vehicle accident case styled Julio Perez Eschevarria vs. Laboratory Corporation Of America, and Charlotte R. Hill on June 19, 2015 in Palm Beach County.  Plaintiff demanded $800,000 prior to the start of the trial. The jury found Plaintiff 60% comparatively negligent and returned a net verdict of $13,962.01. Read More

Jorge Padilla, Senior Associate in the Miami office was granted  a Motion for Final Summary Judgment in a contract dispute matter styled Monaco Exchange, Inc. vs. Mt. Vernon Fire Insurance. Co. (MVFIC)    The Plaintiff is the named insured under a Business Coverage Form policy issued by Mount Vernon Fire Insurance Company.  The Plaintiff claimed that it sustained a covered loss on or about May 17, 2012, when its principal place of business, a jewelry store, was burglarized and its inventory stolen.  Read More

Shana Nogues, Associate obtained a dismissal with prejudice in the matter styled Dorsey vs. Hertz Corporation & Rosita N. Simmons. The negligence action arose out of an alleged automobile accident on June 5, 2010, but was filed on January 15, 2015, after the expiration of Florida’s four year Statute of Limitations for negligence actions pursuant to Section 95.11, Florida Statutes. Read More

Doreen Lasch prevailed on Appeal in an ADA putative class action styled Gomez v. Dade County Federal Credit Union at the United States Court of Appeals for the Eleventh Circuit on May 6, 2015. Gomez was represented by counsel and brought the suit on behalf of himself and a class of visually impaired individuals.  Read More

Doreen Lasch prevailed on Appeal in a trip and fall action styled Romeo v. Sebastian Lakes Master Association  at the Fourth District Court of Appeal on April 30, 2015.  The Fourth District Court issued its Opinion which affirmed a summary judgment in favor of our client rendered by the trial court in a trip and fall case which occurred in Indian River County. Read More

Doreen Lasch prevailed on Appeal in a PIP action styled Accident Rehab Associates v. Clarendon National Ins. Co. at the Miami-Dade County Circuit Court on April 30, 2015. Appellate Division granted Motion to Dismiss on behalf of our client, Appellee Claredon National Insurance Co. Read More