Trial Verdicts and Results
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
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
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
The jury found that Woodlawn failed to perform its duty under the contract in failing to bury the organs with the body, and awarded Rivera $3,000. The jury found in favor of the Defendants on all of the other counts.
Orestes Perez and Allison Marshall obtained a win in a Negligence & Breach of Contract case in Miami-Dade County. Plaintiff’s husband died in a car accident in Lake City, Florida. His body was subsequently brought to the Duval County Medical Examiners where an autopsy was performed. In accordance with standard practice, the decedent's internal organs were placed in a heavy red plastic bag conspicuously marked "BIO HAZARD." After the funeral had taken place, Rivera unknowingly received a white bag containing the organs under the presumption they were the effects of her husband. Rivera sued Halloway Funeral Home, Inc., American Memorial Centers, Inc., Woodlawn Park Cemetery Company and Premier Funeral Services & Cremations, Inc., claiming they had negligently and carelessly failed to discharge their duties. She additionally sued claiming, breach of contract, Violation of Chapter 470 and Chapter 497 of Florida Statutes, Tortuous Interference with a dead body, Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress. More Now
Daniel J. Santaniello, Managing Partner and William J. Peterfriend, Associate received a win for a slip and fall incident April 27, 2007. Plaintiff alleged Defendants failed to properly maintain and inspect the stairs outside Plaintiff’s condominium unit, thereby allowing leaves and sap to accumulate. Plaintiff claimed to have fallen as a result of slipping on wet leaves and sap after a rainfall the night before the morning of the incident. Plaintiff alleged that as a result of the subject accident, she fractured her left elbow. Defendant maintained that maintenance procedures were adequate and Plaintiff failed to provide any proof of leaves ever existing or accumulating on the steps, in the form of either testimony or photographs. Plaintiff demanded $100K immediately prior to trial The Jury returned a verdict in favor of the Defendant finding that that there was no negligence on the part of either Defendant. Read More
The Plaintiff sued CSX Transportation pursuant to the Federal Employers Liability Act (F.E.L.A.) for failing to provide a safe place to work. Paul Jones and Todd Springer obtained good results when the jury found Plaintiff 70% comparatively negligent for his injuries resulting in a total award of only $3,600 (i.e., $12,000 awarded). On September 4, 1999, the Plaintiff mounted a van at Baldwin Yard to be taken to the Yard office after finishing his shift as a brakeman. The Plaintiff alleged that before he was seated in the rear of the van and before he was able to put on his seatbelt, the driver of the van drove away at an excessive speed hitting a pothole in the dirt road causing him to strike his head against the roof of the van. Plaintiff testified that he immediately felt pain in his neck and reported the injury to his supervisor at CSX. Read More
Daniel Santaniello and William Peterfriend obtained a defense verdict on March 7, 2007 for a vehicular liability case when the Jury found that the Defendant Ms. Naso was not the legal cause of loss, injury or damage to the Plaintiff. Plaintiff filed suit alleging that on September 29, 2003 the Defendant violated a stop sign on Commerce Parkway. Defendant admitted liability, but alleged that the accident was not the legal cause of loss, injury or damage to Plaintiff. Plaintiff claimed that as a result of the subject accident, she sustained permanent injuries to her lower back. Plaintiff also alleged to have suffered injuries to her neck, left arm, left knee and left thigh. Plaintiff maintained that the injury in her back was permanent and left her unable to enjoy life and severely limited her future earning capacity as a Chemist. Plaintiff was first treated in the Emergency Room which documented an injury to the back and left knee, with severe bruising and evidence of trauma.
Daniel Santaniello and Marc Greenberg obtained a defense verdict for a vehicular liability case on February 15, 2007 when the Jury found that the Defendant was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff, a thirty (30) year old Accountant, filed suit alleging that on April 30, 2001 the Defendant, Miguel Hidalgo, rear ended her at a moderate rate of speed on Okeechobee Blvd. in West Palm Beach. The Defendant admitted liability, but alleged that the moderate-impact accident was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff maintained that the injury to her neck was permanent, and left her unable to enjoy life, effecting her ability to engage in physical activities, and maintain relationships with co-workers, friends, and family. Read More
Paul Jones, Partner and William Peterfriend, Esq. received a major win for a vehicular liability in Broward County. The Jury awarded $0 for total amount of damages for reasonable and necessary medical expenses sustained by Plaintiff. The jury answered No to the issue of permanency. The Plaintiff filed suit alleging that on January 25, 2004, Defendant violated a red light signal when exiting the Florida Turnpike onto Red Road. Defendant contended at trial Plaintiff violated the red light. Defendant further contended that Plaintiff was driving with alcohol on his breath after partying on South Beach the night prior to the accident. Plaintiff claimed that as a result of the subject accident, he sustained permanent scarring and permanent injuries to his neck. Plaintiff’s treating physician Dr. Alex Cintron, D.C., testified that Plaintiff had a 5% impairment rating. Defendant’s expert, Dr. Christopher Troiano testified that Plaintiff showed no signs of objective injury. Read More
Daniel Santaniello, Anthony Petrillo and Paul Jones, the defense team for Florida Pool Products, received a major win on November 2, 2006 for a one month product liability trial in Pinellas County. Wal-Mart and Florida Pool Products, Inc. were co-defendants in the trial of a 3 year old boy who was rectally impaled resulting in a colostomy on a dive stick that had been recalled by the Consumer Product Safety Commission. Plaintiff asked the jury for $15 million in compensatory damages and further sought punitive damages in the amount of $32-40 million. The Jury found the family and others 85% at fault, resulting in a net verdict of $10,200 against our client and punitive damages of $120,000, well below a 7 figure Offer of Judgment. Read More
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