Favorable Verdict

Anthony J. Petrillo, Tampa Managing Partner and Jason Montes, Associate received good results when Jury found no permanency on a severe motor vehicle accident awarding Plaintiff past medicals only for a net verdict of $11,260.00 after PIP setoffs.   The case was tried solely on causation and damages. Plaintiff incurred approx. $21K in past medical bills alleging aggravation of a pre-existing neck injury (disc herniations) and a new back injury (activation of symptoms from a dormant/asymptomatic lumbar herniation).   Plaintiff’s treating doctors and Neurologist testified Plaintiff had permanent injury and assigned 23% permanent impairment rating.  Plaintiff asked the jury for past medicals of $21K, future medicals between $60K - $90K and pain & suffering damages between $300K  - $600K. Read More

Daniel J. Santaniello, Peterfriend, William J.

Directed verdict in favor of Defendant

On December 2, 2002, at the intersection of NE 123rd Street and N. Bayshore Drive in North Miami, Defendant allegedly veered off the road and struck Plaintiff, a pedestrian. Plaintiff claimed that Defendant was not paying attention; he dropped something in his vehicle, reached to retrieve it, and his vehicle went off the road into a guard rail subsequently hitting Plaintiff who had pulled his truck over and gotten out of it. Defendant admitted liability, but alleged that the accident was not the legal cause of loss, injury, or damage to Plaintiff. Defendant further alleged that Plaintiff jumped over the railing, causing his injuries. The case was tried on damages only. Plaintiff requested payment for past pain and suffering, past lost wages, future medical expenses, and future pain and suffering. The court entered a directed verdict in favor of Defendant regarding loss of future earning capacity. Plaintiff requested a total award of $ 30,000, including $ 7,000 in past medical expenses and $ 616 in lost wages. 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

Defense Verdict

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

Marc M. Greenberg, Daniel J. Santaniello

Defense Verdict

On October 26, 2004, Defendant Andrew allegedly failed to yield the right-of-way at the intersection of Central Industrial Drive and Prospect Avenue in Riviera Beach. Plaintiff was stopped at a stop sign and proceeded through the intersection when Andrew swerved into the opposite lane of travel, striking Plaintiff. Defendants denied liability, maintaining that Andrew had no stop sign and thus had no obligation to yield the right-of-way to Plaintiff.  Read More

Defense Verdict

Plaintiff sued the Coca Cola Co. for negligence and sought $1M. Around May 4, 2001, Plaintiff, a Shoreline Transportation employed 18-wheel truck driver in his 40's, picked up multiple 1,000 pound canisters of Coca Cola syrup in Atlanta to deliver to Pompano Beach, FL. Traveling southbound on I-95, Plaintiff first stopped at his home in Hialeah, FL before making the trip back north to Pompano Beach. Near the I-95, Copans Road exit, Plaintiff got a flat tire. As he brought the truck to a stop, the syrup canisters came crashing through the front of the trailer and into the cabin. Plaintiff alleged to have suffered herniated disc at L4-5, which required two surgeries. Plaintiff initially filed a $26K wage loss claim, the result of 13 months he claimed he could not work. Read More

Favorable Result

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

Defense Verdict

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.

Read More

Marc M.Greenberg, Daniel J.Santaniello

Defense Verdict

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

Favorable Verdict

SUMMARY. Read More

Leff v. Ecker

PRACTICE AREA

(Appeal, 2007) Evidentiary Hearing

SUMMARY. Read More

PRACTICE AREA

Favorable Verdict

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

Favorable Verdict

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

Favorable Verdict

The Plaintiff, an employee of Automated Plastics Group Industry, was operating an extruder machine when his arm was drawn into rollers associated with the machine’s take off unit. The Plaintiff asked the Jury for $3.7M ($678,000 in specials; $3M in pain and suffering). The jury found Plaintiff 75% comparative negligence. The Defendant was entitled to a $1.12M set-off for a prior settlement and therefore the Plaintiff took nothing in this action. Read More

Preziosi v. La Paloma Group

Cause of Action Dismissed

SUMMARY. Read More

Favorable Verdict

Defense admitted liability, the case was tried solely on the issues of causation and damages. Plaintiff alleged that she was rear-ended from an impact which totaled the Defendant’s vehicle. Plaintiff sustained left shoulder sprain/strain, neck sprain strain, low back with possible annular tear and bulges at L4-L5 and L5- S1 for which a dicogram and nucleoplasty surgery had been recommended. The jury determined that the negligence of the Defendant was the legal cause of injury, loss or damage to the Plaintiff and that Jose Rivera was not entitled to any recovery for the filial consortium claim or for the loss of services for his daughter. The verdict awarded Plaintiffs a net of $6K. The Plaintiff asked the jury for her medical bills ($22K) and future medical expenses, future loss of earning capacity, pain and suffering in the past and future, and loss of support and services for the father. The jury awarded the Plaintiff less than her medical bills (i.e., only $16K). The jury also determined that the Plaintiff was not entitled to any future medical bills, had not sustained a permanent injury. The Jury awarded the Defendant the $10,000 setoff for the payable PIP benefits at trial. Read More

Final Summary Judgment

Paul S. Jones, Partner obtained a ruling in favor of the Defendant on his Motion for Final Summary Judgment on August 22, 2006, in the United States District Court for the Middle District of Florida by the Honorable Gregory A. Presnell. The Plaintiff, Deborah Canaday, claimed in her Complaint that the Defendant, her employer, violated the provisions of the Family and Medical Leave Act of 1993, 29 U.S.C. 2611, by first failing to advise the Plaintiff of her Federally-protected rights; then by denying her leave under said Act; and finally of terminating her by reason of excessive absenteeism, which the Plaintiff claimed should have been accommodated by FMLA leaves of absence. Numerous depositions were taken of the Plaintiff’s supervisors; which evidence showed that contrary to the Plaintiff’s allegations, she was advised of the availability of medical leave under the aforementioned Act. Read More

Excess | Wrongful Death, Workers' Compensation

Defense Verdict

Paul S. Jones, Partner and Todd T. Springer, Managing Attorney of the Jacksonville Office received a defense verdict for a wrongful death action in Jacksonville/Duval County involving a teenager who got drunk and drove his car off the highway killing himself. The Plaintiffs offered evidence that the Defendant's bar served alcohol to the decedent minor in violation of Florida Statutes 562.11 and 768.125. The Plaintiffs also offered evidence that the decedent minor became intoxicated as a result and was involved in a single-car accident where he was ejected from his vehicle and sustained fatal head injuries. The decedent minor survived for two days in the hospital before he was declared brain dead. The family had to decide to discontinue their son's life support. The three statutory survivors included the decedent minor's mother, father and three year old son. Read More

Favorable Verdict

DUI / Punitive Damages/ $280,000 sought- $5,000 Jury Verdict. Plaintiff alleged that on August 17, 2004, she was violently struck by the Defendant who was traveling under the influence of alcohol with a level of .26, three times the legal limit. Defendant was convicted of DUI and the Court estopped the Defendant from denying liability or intoxication and the case went to the jury on causation, damages and punitive damages. Plaintiff put on two experts; a toxicologist who put our client at .26 at the moment of impact. Property damage was severe. Plaintiff also put on Dr. Brad Kern, D.C. who gave Plaintiff a 7-8% permanent impairment for injuries to her neck and shoulder. The defense contended that Plaintiff did not realize she was so intoxicated, admitted liability and fought the case on permanency and punitives. Read More

Aguilar v. Ortiz and Alvarado

RESULT

SUMMARY. Read More