Trial Verdicts and Results
Miami Junior Partner Derek H. Lloyd and Managing Partner Daniel J. Santaniello obtained a defense verdict in a Rear-End collision matter styled Lorenzo Wilson v. Evens Jeune in Miami-Dade County on June 7, 2013. Plaintiff was stopped at an intersection's stop sign when Defendant rear-ended Plaintiff. Liability was admitted prior to trial, and the only issues at trial revolved around damages. Plaintiff alleged that as a result of the accident, Plaintiff suffered multiple disc herniations in cervical spine at C4/5 and C5/6 and lumbar spine at L5/S1, L3/4, L4/5. Plaintiff underwent lumbar spine injections, one injection was done at each level. Dr. Jeffrey Kugler opined that Plaintiff had a 2% impairment to the neck, and a 2% impairment to the back, and stated that his injury was permanent, and causally related to the accident. Additionally, the Plaintiff had a lost wage claim of 5 1/2 weeks. Read More
Tampa Managing Partner Anthony J. Petrillo obtained a Final Summary Judgment in a slip and fall case styled Tallent, Terry and Barbara v. Pilot Travel Centers, LLC., in the Twentieth Judicial Circuit, before the Honorable Joseph Foster, on February 20, 2013. Plaintiffs alleged Defendant Pilot negligently failed to warn, failed to inspect and failed to properly maintain its premises when it allowed a diesel fuel spill to remain on its premises for an unreasonable length of time. Read More
Anthony Merendino, Junior Partner of the Boca Raton office of Luks, Santaniello, Petrillo & Jones obtained a Final Summary Judgment in a false arrest case styled Rose M. Cortez vs. Defendant Retail Store in the United States Southern District of Florida on January 31, 2013. It was alleged that Defendant store wrongfully caused Plaintiff, a cashier at the subject Defendant store, to be arrested after Defendant store conducted an investigation into allegations that Plaintiff was allowing customers to leave the store without paying for merchandise in exchange for cash tips. Plaintiff brought a four (4) count Complaint for False Imprisonment, Abuse of Process, Intentional Infliction of Emotional Distress, and Negligence. Read More
Todd Springer, Managing Attorney of the Jacksonville office of Luks, Santaniello, Petrillo & Jones obtained Final Summary Judgment in a wrongful death case styled, Ileana Liset De La Torre vs. Defendant Church and Defendant Pastor, in Duval County on January 18, 2013. It was alleged that a pastor had provided negligent counseling to the decedent and acted in such a way as to worsen his mental and/or physical condition pursuant to the Undertaker's Doctrine by failing to notify third parties of the decedent's prior suicide attempts and harass, bully, and humiliate him ultimately contributing to and/or causing him to commit suicide. Read More
Managing Partner Daniel Santaniello and Douglas de Almeida, Esq., obtained a defense verdict in a ladder injury case styled Kevin Connor v. Villa D'Este Condominium, Inc. and Campbell Property Management and Real Estate, Inc. The case was tried over six days before a jury in Broward County. Plaintiff was a 57 year old man, who was on his ladder cleaning the top of his neighbor's wall when he claimed that the ladder slipped out from under him. Plaintiff alleged that the driveway was dangerously slippery and sued the Homeowner's Association and Property Management Company for failing to remedy the allegedly dangerous condition. Read More
Paul Ginsburg, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Motion for Final Summary Judgment in the Wrongful Death case styled Estate of Jay C. Ciocon v. J.H.O.C. d/b/a Premier Transportation, Charles Dale Ballew, Eduardo Torres and Ydania Rodriguez, Defendants Eduardo Torres was the driver and Ydania Rodriguez, the owner of a van which was stopped and disabled in the emergency breakdown lane of westbound I-75 just west of Weston Road in Broward County, Florida. Read More
Managing Partner Daniel Santaniello, Orlando Partner Paul Jones and Doreen Lasch, Junior Partner obtained a defense verdict in a Pedestrian hit case style Ruimy, Laura vs. Flor N. Beal. This case involved two jury trials and a demand for $1,000,000. The Plaintiff was a 17 year old female from Canada visiting a relative in Miami who was hit by a car while crossing the streets of Miami Beach. Defendant Alex Beal was making a right turn and struck plaintiff. The vehicle was owned by Defendant Flor N. Beal, and had been left at her parents’ house while she went on a trip to New York. The vehicle was taken by Alex Beal without the knowledge of Flor Beal, and without the express or implied permission and/or consent of the owner, Flor Beal, after which the accident occurred. Read More
Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More
James Waczewski, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a favorable decision on appeal on March 30, 2012 in a case styled Engeda Tadesse f/k/a Engedwork Woldemariam, Appellant v. Gulf Coast Transportation, Inc., d/b/a United Cab and Mohamed Moumen, Appellees. Luks, Santaniello handled the appeal only. The Appellate Court affirmed the Trial Court's ruling that the general set off statute applied to set off PIP benefits under the circumstances. Read More
Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Final Judgment on March 27, 2012 in favor of Defendant in a bad faith claim styled Nereida Herrera, individually and as assignee of Osvaldo Sanchez v. United Automobile Insurance Company. Plaintiff alleged that United Auto breached its duty of good faith to its insured in its handling of both plaintiff's bodily injury and property damage claims resulting from a motor vehicle accident in which United Auto's insured, Sanchez while under the influence, struck plaintiff's vehicle. Read More
Paul Jones, Partner and Katherine Kmiec, Esq. of the Orlando office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability case styled Amber Hofer v. Kristen Costantino and State Farm in Orange County, March 21, 2012. The case involved an automobile accident near the University of Central Florida, where Plaintiff claimed that her car spun around two and a half times after being hit. The Plaintiff was 22 years old at the time of the accident and claimed that she permanently injured her neck and lower back in the impact. Read More
Daniel Santaniello, Managing Partner and Thomas Gibbons, Esq., of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in an automobile accident case styled Kazandra Bern v. Dafne Acevedo and Marcelle Camejo in Miami-Dade County, March 12, 2012. This case involved a head on collision where Plaintiff almost lost her leg. The Defense brought in a 90% Comparative/fabre. The Plaintiff asked the jury for $7.7M with $843K in undisputed past medical expenses. After set-offs, the net effective verdict was $65,000. Defendant’s vehicle was struck by two (2) vehicles as Defendant entered the intersection of 135th & Biscayne Boulevard. Keilin Perez was initially named as a party Defendant but settled with Plaintiff and was a Fabre Defendant at trial. Both Keilin Perez and the Plaintiff contended that they entered the intersection on a green turn arrow, while Defendant, Dafne Acevedo maintained that she had a green light at all times. Read More
Paul Jones, Partner and Douglas Petro, Esq., of the Orlando office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in an automobile accident case styled William G. Bruzon v. Antron L. James in Orange County, January 26, 2012. The case involved an automobile accident where the Plaintiff claimed his vehicle was struck on the driver's side while waiting to cross traffic, but the Defendant claimed that the Plaintiff turned into his path of travel and caused the accident. Read More
Katherine Kmiec, Esq., and Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Dismissal with Prejudice in the case styled Marin v. The Hertz Corporation in Orange County. At the trial level, Plaintiff attempted to amend a premises liability cause of action to incorporate elements of Americans With Disabilities Act (ADA) discrimination as elements of the underlying negligence cause of action. In his third amended complaint, Plaintiff alleged that because he was elderly, and had difficulties walking, Hertz discriminated against him under the ADA by failing to modify its policies and procedures to accommodate his disabilities, which resulted in bodily injury, pain and suffering to Plaintiff. Read More
Paul Jones, Partner and Thomas Farrell, Junior Partner of the Orlando office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability case styled Edward Elliott and Penelope Elliott v. Simon Property Group and Control Building Services, Inc. in Orange County, December 2, 2011. The case involved a slip and fall in a mall common area where the Plaintiff fell and injured his right knee in a puddle of water that was on the floor for approximately 15-20 minutes. Read More
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