PRACTICE AREA

ATTORNEY

Court directed a verdict for the Defendants on the tortuous interference with a dead body claim. The jury returned a verdict on the remaining counts in favor of Defendants finding no negligence.

Plaintiff’s parents have been entombed in side by side crypts at Eternal Light since 1999. Plaintiff alleged that on October 16, 2006, she attended the funeral of a family member at Eternal Light and while she was there, she went to the mausoleum where her parents are entombed to visit their crypts. Plaintiff alleged that she visited her parents’ crypts on a regular basis prior to the incident. On October 16, 2006 she found that another name was written on the crypt cover where her father’s name was previously located. Plaintiff alleged that her father’s body had been moved from the crypt where he was entombed in 1999. Defendants admitted that a mistake had occurred with the inscription. Neither the crypt seal nor the casket had any identification on them. DNA testing could not be performed due to Jewish law.  Verdict Rendered March 6, 2009. Read More

PRACTICE AREA

Defense Verdict

Plaintiffs' sought $10 Million for a Construction Defect case involving the drowning of 8 year old boy. The Defendant was a primary target subcontractor who built the original Atlantis Hotel in Paradise Island, the Bahamas.  On August 8, 2000, Chad Humphreys dove into the lagoon at the Atlantis Hotel and swam over an underwater vault that was a saltwater intake for the waterfalls on the property. Plaintiff swam past an open semi-grated area, and apparently went near or stuck his head in a pipe. He was immediately sucked into the pipe and drowned. $10M Sought, Miami-Dade County, Defense Verdict 1/16/2009. Read More

PRACTICE AREA

Defense Verdict

Plaintiffs filed a third-party claim against Defendant. The claim arose from a vehicle accident that involved Michael Sonsini and Plaintiff Leon Hill. Mr. Sonsini was insured by State Farm. Plaintiff Leon Hill was the owner of the vehicle involved in the accident with Mr. Sonsini. Read More

Leads v. Mall

Defense Verdict

Leads v. Mall, Pinellas County, Defense Verdict 11/13/2008. Read More

Favorable Verdict

On May 24, 2005, at 3:30 p.m., on Highway 301 and MLK Boulevard, an accident occurred when Plaintiff's vehicle was rear-ended by Defendant's vehicle. This was a low-impact collision with minimal property damage. The net verdict after the PIP set-off of $ 10,000 was $ 8,095.21. Read More

Defense Verdict

Plaintiff alleged that on February 14, 2003, at approximately 7:00 p.m., while he was driving his vehicle in an easterly direction on Flagler Street in Miami, a police vehicle owned by Defendant being driven in a westerly direction by a law enforcement officer entered Plaintiff's lane and initiated a head-on collision. Defendant denied liability and moved for dismissal for fraud, alleging that Plaintiff failed to disclose his involvement in a previous auto accident and that any damages to Plaintiff were pre-existing. The jury found that there was no negligence on the part of Defendant that was legal cause of damage to Plaintiff. Plaintiff's Motion for New Trial was denied. The Court entered final judgment for Defendant and taxed costs in the amount of $ 9,830. Read More

RESULT

Anthony J. Petrillo, Partner received a defense verdict May 21, 2008 in a Premises Liability trial wherein Plaintiff, William Morea, a retiree, alleged
the owners and managers of the apartment complex where he lived, were negligent. Plaintiff tripped and fell in and around the dumpster area
where he had just finished discarding his recyclables. The case was bifurcated and tried on liability only. Plaintiff sought in excess of $100,000 in
damages seeking compensation for his knee surgery and other injuries. Read More

Summary Judgment

Anthony Petrillo, Partner was granted a Motion for Summary Judgment on liability for a store Slip and Fall incident in Polk County. Plaintiff sued on a Mode of Operation (MOO) theory after he fell from a shelf he climbed to retrieve a medicine cabinet. Plaintiff shattered his kneecap in the fall and sought significant money damages. Plaintiff’s medical bills totaled approximately $42,000. Defense argued that there was no genuine issue of material fact on inadequate staffing and no viable theory of negligence to proceed under. Anthony Petrillo, on behalf of Defendant store argued at the hearing that Plaintiff was the sole proximate cause of his own injuries and the Court agreed. Summary Judgment rendered May 2, 2008. Read More

RESULT

Anthony Petrillo, Partner received good results in a Negligent Security matter when the Jury found Plaintiff 80% responsible for his own damages, and Defendant store 20% at fault. The case was bifurcated and tried on liability only. Plaintiff was violently attacked by another customer, which was captured on the in-store surveillance camera. Plaintiff was rendered unconscious and transported to the ER. Plaintiff claimed over $100,000 in medical specials and a permanent brain injury causing him a multitude of psychological and memory problems. Plaintiff sought 7 figure monetary damages and his wife sought consortium damages. Defense was able to establish that Defendant Store's security measures were reasonable and adequate and that Plaintiff contributed to his injuries by engaging in a verbal altercation, escalating the situation. Defense obtained a directed verdict on the issues of Negligent Hiring and Retention. The verdict was rendered March 12, 2008. Read More

Defense Verdict

Daniel J. Santaniello, Managing Partner and Carl W. Christy, Associate received a defense verdict in an alleged trip and fall incident where Plaintiff demanded $97,500. Plaintiff alleged that while walking her dog on the sidewalk located in front of the Defendants' residence, she tripped and fell on an uneven, elevated sidewalk. Plaintiff alleged that Defendants breached their duties owed to the Plaintiff by: (1) negligently failing to maintain the sidewalk in a reasonably safe condition, (2) negligently creating a tripping hazard, (3) negligently failing to inspect the sidewalk, (4) negligently failing to warn Plaintiff of the dangerous and hazardous condition on the sidewalk, (5) negligently planting trees close to the sidewalk causing the trees’ root system to lift the sidewalk and (6) failing to repair the sidewalk which they knew or should have known required repairs. Read More

ATTORNEY

Defense Verdict

Plaintiff was a seat belted passenger in a vehicle stopped at a traffic light at the intersection of E. Colonial Drive and Irman Avenue in Orlando when her vehicle was allegedly rear-ended by a vehicle owned by Defendant and operated by a teenage driver. Defendant contended that a phantom vehicle pulled out in the path of the driver operating her vehicle, causing him to veer into the adjacent lane where Plaintiff's vehicle was stopped waiting for the light. The driver of Defendant's vehicle did not have time to stop before colliding with Plaintiff's vehicle. The driver of the phantom vehicle did not stop. There were no other witnesses, other than the teenage driver, that testified to the presence of the phantom vehicle.  Read More

RESULT

Paul S. Jones, Orlando Managing Partner and William J. Peterfriend, Associate received a defense verdict on February 27, 2008 when the jury found no liability and that Plaintiff’s alleged injuries were not related to the motor vehicle accident in question. Defendant and a vehicle driven by Non-Party Defendant Kirenia Piloto, were traveling on SW 1st Ave. Defendant testified that the Piloto vehicle was directly behind her. Defendant put on her turn signal to move into the left-hand lane, when the Piloto vehicle grew impatient, sped up and attempted to overtake Defendant’s vehicle in the left-hand lane. The front driver’s side of Defendant’s vehicle collided with the front passenger side of the Piloto vehicle. Plaintiff was seated in the front passenger side of the Piloto vehicle. Plaintiff claimed that as a result of the subject accident, she sustained injuries to her neck, right shoulder, back and left knee. Plaintiff admitted to treating with Florida Institute of Pain for neck, right shoulder and back problems stemming from a 2002 Motor Vehicle accident. Her treating physician from the 2002 MVA opined that she had an 8% permanent impairment rating as a result. Plaintiff underwent an MRI for both the 2002 and 2005 accidents. The MRI showed cervical bulges at C5-6.  Read More

Judgment was entered in favor of the Defendant.

Paul Jones, Partner and Marc Greenberg, Associate, received a big win February 7, 2008 on a motor vehicle accident matter where the judge granted Plaintiff’s motion for directed verdict on liability. Plaintiff asked the jury for over $250,000. Plaintiff presented evidence of past lost wages of $60,000 with a continuing wage loss of $20,000 per year. Plaintiff’s past medical expenses were over $35,000. After proceeding through the intersection of Military Trail on Okeechobee Boulevard, rush hour traffic came to a stop. Plaintiff was rear-ended by Defendant and pushed into the car in front of him. Plaintiff had his right hand on the steering wheel at the time of the significant rear impact. Read More

Excess | Wrongful Death, Product Liability

Summary Judgment

Anthony J. Petrillo, Managing Partner and Matthew L. Evans, Associate were granted a Motion for Summary Judgment December 17, 2007 in a
double death Products Liability case when the judge found in her order that “the dangers associated with carbon monoxide poisoning are well known and Tennaco had no duty to re-warn.” The case set in the U.S. District Court, Middle District of Florida involved two teenagers who were killed by carbon monoxide poisoning, after spending the night in their mini-van. Read More

RESULT

SUMMARY. Read More

PRACTICE AREA

Julie M. Congress, Daniel J. Santaniello

After the set-off of $10,000.00 resulted in a final judgment in favor of Defendants.

Daniel J. Santaniello, Managing Partner and Julie M. Congress, Associate received good results (October 24, 2007) in a case involving a significant impact rear-end collision wherein Defendant, Juan Ramos claimed a fabre third-party caused the accident. Plaintiff requested a verdict in excess of $50K. The jury found Defendant Ramos only 10% liable, Co-Defendant 50% liable, and Non-Party phantom vehicle 40% liable. The jury awarded Plaintiff only $6,600.00 which after the set-off of $10,000.00 resulted in a final judgment in favor of Defendants. Read More

Carl W. Christy, Jack D.Luks

Defense Verdict

Jack Luks, Partner and Carl Christy, Associate received a defense verdict September 18, 2007 on a Slip & Fall incident. Plaintiff while visiting Defendant's movie theater on August 1, 2003, proceeded to the restroom and alleged that she slipped and fell while descending a ramp within the auditorium.  The Plaintiff further contended that there was a greasy, slippery substance on the floor in the seating area that transferred to the soles of her shoes.  Additionally, she  contended that the lighting was inadequate and the subject ramp violated the Florida Building Code.  Plaintiff had herniated disc at L4-5 and L5-S1 resulting in a double fusion, right knee surgery and right shoulder dislocation.  Plaintiff incurred $63K in medical expenses and claimed $370K in lost pension benefits, earnings and earning capacity. Plaintiff asked the jury for $633K ($433K for medicals and lost wages/loss of earning capacity). Read More

RESULT

Severe   motor   vehicle  accident   involving  a   T-bone collision. Defendant did not see Plaintiff approaching and turned in front of Plaintiffs vehicle. Defendant contended that Plaintiffs approaching vehicle was not visible due to a small bridge 200 feet from  the  point  of the collision. Plaintiffs vehicle was totaled . Defendant also contended that Plaintiff must have been speeding. Plaintiffs treating physician Dr. Andrew Schmer, D.C., opined that Plaintiff had  an  8%  permanent   impairment   rating.  Plaintiffs treating orthopedic physician , Dr. Pedro Berman , M.D., opined that  Plaintiff  had a 3% permanent  impairment based  upon Plaintiffs  own  "subjective " complaints. Plaintiffs  medical  bills  totaled  approx.  $15K.  Plaintiff requested  $44K for past  and future medical  care  and $69,350 for future  pain and  suffering. Defendant's expert, Dr. Salvador Ramirez, a board certified orthopedic surgeon, testified that Plaintiff had no objective findings to substantiate his subjective complaints and that all problems pre-dated the accident. Dr. Ramirez testified that Plaintiff did not suffer a permanent injury. Read More

Summary Judgment

James Waczewski (Tallahassee) and Thomas Farrell (Orlando) were granted a Motion for Summary Judgment September 7, 2007 when the judge found that Disney, as a landlord, was not vicariously liable for the alleged negligence of its tenant, Palmas Inc. Walt Disney World is the owner of the property and the landlord to the restaurant operated by Palmas Inc.  An entire family of four sued Walt Disney World alleging that the whole family was made sick from contaminated food at a restaurant on Disney property.  The Plaintiffs claim that the illness further caused a family member's prior gastric surgery to be torn resulting in permanent complications with digestion. The Plaintiffs demanded more than $1M.  James P. Waczewski, Tallahassee Managing Attorney prepared a motion for summary judgment on behalf of Walt Disney World arguing that Disney's involvement is too attenuated to hold the company legally responsible for the Plaintiff's injuries.  Thomas Walker Farrell, Associate argued the motion and convinced the judge that the terms of the lease agreement included an indemnity clause which evidenced Disney's relationship with the restaurant as merely a landlord and not an entity taking responsibility for the day to day operations of the restaurant. Read More

Partial Summary Judgment

Anthony J. Petrillo, Tampa Managing Partner and Jason D. Montes, Associate prepared and argued a Motion for Partial Summary Judgment on August 20, 2007 in a multi-million dollar wrongful death case. The case involved a heavy impact front collision when Defendant crossed the centerline resulting in the death of a 24 year old mother of an infant.  In the pretrial phase, Defense obtained summary judgment on the husband survivor's claim due to a defect in the hospital bed marriage ceremony.  At trial, Plaintiff sought $15M in non-economics and $1.5M in economics.  Defense contended Plaintiff failed to wear her seatbelt and proved her severed suprahepatic vena cava was directly caused by trauma to her liver due to her failure to buckle up.  The jury found Plaintiff 43% comparative fault and reduced to a net verdict of $1.4M. Read more