Defense Verdict

Anthony Petrillo, Tampa Managing Partner and Matthew Evans, Associate obtained a defense verdict on February 26, 2008 in a slip and fall incident. Plaintiff was seeking 7 figure economic losses after slipping on gravy in Defendant's kitchen. The trial was bifurcated. Defense represented the Florida Division of Children and Families, Camelot Care Centers, Inc. and Janet Honaker. Honaker was a therapeutic foster parent of a bipolar foster child. The child had thrown a tantrum and flung gravy and glassware about the house and kitchen and ran to her room with a bottle of pills threatening suicide. Honaker called 911. Plaintiff was one of the responding officers. Plaintiff sued under a negligence theory and failure to warn. Plaintiff's alleged Honaker caused the dangerous condition and negligently failed to correct it or adequately warn of it. Plaintiff has been unable to work since Oct. of 2000 and had a very significant lost wage claim. Plaintiff had 2 back surgeries and is set to have another. Plaintiff past economic specials approximated $800K. Read More

Construction Defect, Product Liability

Anthony Merendino, Daniel J. Santaniello

Defense Verdict

Jury found in favor of the Defendant on all counts on January 21, 2010. Federal Insurance Company filed a lawsuit in Federal court (Southern District of Florida) against our client, Bonded Lightning Protection Systems, Inc. Plaintiff claimed that  the Defendant improperly installed a lightning protection system in a mansion known as "Casa Amado" in 2005 during significant, ongoing renovations. On July 21, 2007, Plaintiff claimed that lightning struck a lightning rod on the top of Casa Amado and failed to deflect the strike safely to ground, resulting in a fire. Plaintiff claimed that Defendant improperly installed a lightning protection system in violation of the National Fire Protection Association standards (NFPA 780). The Defendant claimed the lightning struck near the subject home and energized unbonded wiring in the basement of the home and that the lightning protection system was properly installed. Plaintiff claimed that the damages that resulted from the fire cost in excess of $9.3 million to repair and/or rebuild. Plaintiff asserted causes of action for negligence , breach of contract, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose , and strict products liability. Read More

Ramgadoo v. United Auto

Summary Disposition

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Lynen, et al. v. Sandhu

Defense Verdict

(USDC-SDFL, 2010). Read More

Freda Hall v. Defendant Mall

RESULT

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Hazen v. Defendant Store

Anthony Merendino, Daniel J. Santaniello

RESULT

SUMMARY. Read More

Anthony D’Amato v. Florida Insurance Guaranty Association, Inc.

Anthony Merendino, Daniel J. Santaniello

Summary Judgment

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Nevcherlian v. Mercury Insurance

RESULT

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Construction Defect, Premises Liability

Directed Verdict for Defendant.

Landlord/Plaintiff alleged $11M property damage claim (in spite of the fact that the property was offered for sale for $3M and they collected $4M from their carriers). Our client/Defendant had approximately 12 million pounds of plastic and paper products to be recycled being stored in a 500,000 sq. ft. building that was formerly Plaintiff's manufacturing plant. A bus bar exploded, raining molten aluminum and sparks onto the plastic and paper
products causing a large fire. Read More

Holden v. Sony Electronics

Auto & Fleet Liability, Trucking Liability

Santaniello, Daniel J., Bauer, Sherri L.

Settled

$2M demand at trial, case settled for fraction of demand, $30K. Plaintiff trucker assisted in load by our insureds. The equipment loaded dislodged from the dolly, fell over and drove Plaintiff trucker’s head and left shoulder into the sidewall of trailer. Plaintiff required full back fusion surgery. Social Security awarded permanent total disability. Defense showed Defendant insured was not the cause of incident and injuries were pre-existing. Read More

Sherine Foster v. Christine Trappberger

RESULT

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PRACTICE AREA

Directed Verdict on behalf of Defendant

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$750,000 sought, only $6 awarded

1 week trial. Plaintiffs vehicle collided with over turned tractor trailer on I-95 Northbound . Plaintiff asked jury for over $340K. Jury found Plaintiff 95% comparative negligence and Defendant 5%. Defendant Anderson was driving his tractor trailer Northbound on I-95 when he claimed that his rig was pushed off the road by a strong wind. Defendant over­ corrected and rolled his tractor trailer onto I-95 blocking both north bound lanes. The only part of the tractor trailer visible to oncoming traffic was the undercarriage of the truck. Read more

Julie M. Congress, Howard W. Holden

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Appeals | Litigation Support, Premises Liability

Favorable Verdict

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Defense Verdict

Defense verdict Palm Beach County (6/10/09) for slip and fall (water spill) incident that occurred on “Black Friday”, November 28, 2003 in the food court of Defendant Mall. Plaintiff requested $1.2M during closing arguments, representing compensation for wage losses, medical bills, future medical treatment and pain and suffering. The case, originally tried in January 2009, resulted in a mistrial. Following the first trial, the Defendant filed a Proposal for Settlement to Plaintiffs, which was rejected by virtue of Plaintiffs' failure to accept same within 30 days of service. Plaintiff's injury was limited to her right knee, including ACL and MCL tears which eventually resulted in surgery in September 2007. Read More

Defense Verdict

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Summary Judgment

Court granted Summary Judgment (4/23/2009) in high exposure case where a labor ready employee was ejected from a moving sanitation truck and suffered neck, back, arm and knee injuries. The Plaintiff was attempting to circumvent Workers’ Compensation immunity by arguing a "Turner exception"; i.e., that the employer's conduct was substantially certain to result in injury or death. Plaintiff’s argument was based on the allegations that the sanitation truck had no door, no seat belt or door belt, and the temporary employee was given no training or instructions. Defense cited numerous examples where door less travel is permitted, no statute or rule forbids it, and the seat belt statute specifically exempts sanitation workers in the course of their trash pickup. Read More

Summary Judgment

Defendant’s Motion for Summary Judgment granted in PIP matter on March 27, 2009. Basis for motion was a defective demand letter/failure to comply with a condition precedent. Plaintiff, Florida Total Health Care sent a pre-suit demand to Defendant from "Atlas Recovery Center f/k/a Florida Total Health Care" which purported to include all dates of service the claimant received from the two distinct and separate entities. However, there was no relationship between Atlas and Florida Total Health Care, so the demand letter was defective since it directed United to pay Atlas. Read More

After setoffs and post-trial stipulations, a zero judgment was entered.

Defense admitted liability and causation of temporary damages. Plaintiff was travelling in the right hand lane when cars had stopped or slowed to allow Defendant to complete his left hand turn and dissect the lanes of travel. Plaintiff's vehicle struck Defendant's 3/4 ton pickup truck broadside, spinning it into another vehicle. Both Plaintiffs were ex-military and Plaintiff herself was honorably discharged with the Navy medal of good conduct. Jury found Plaintiff to be 10% at fault. Jury awarded Plaintiff past meds only of $10,733.33 and $0 claimed lost wages. After setoffs and post-trial
stipulations, a zero judgment was entered. Read More