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

ATTORNEY

Favorable Verdict

Paul Jones, Partner  and Joseph Scarpa, Esq. received a defense verdict on June 30, 2006 for a personal injury claim. On July 28, 2003, the Plaintiff was hit by a car that failed to stop at an intersection. The vehicle then fled the scene. A witness to the accident obtained the license plate number of the fleeing vehicle. The officer responding to the accident traced the fleeing vehicle’s license plate to the Defendant’s residence. The Defendant argued her vehicle was not involved in the accident with the Plaintiff. The Plaintiff’s expert, Dr. Webster, a pain management specialist, testified at trial that the Plaintiff suffered a permanent injury to his cervical and lumbar spine as a result of the accident. The Defendant’s expert, Dr. Lotman, an orthopedic surgeon, found that the Plaintiff suffered a cervical sprain as a result of the accident and suspected the Plaintiff may have also suffered a compression fracture in his cervical spine at C-6. The Plaintiff incurred $5,915.00 in medical expenses by the time of trial. The Plaintiff’s expert pain management specialist testified at trial that the Plaintiff would need $4,000-$5,000 in future treatment for the rest of his life, to include trigger point injections for the control of pain. The jury found that it was the Defendant's vehicle that caused the accident, but was convinced by the defense that the Plaintiff was not injured in the accident. Read More

Favorable Verdict

Daniel J. Santaniello and Nicholas H. DeCapua won a huge verdict wherein liability was admitted and the defense team challenged the need for the neck surgery. The jury agreed, awarding $0 of the $30,000 cervical surgery and only $5,000 in pain and suffering in the future. The case involved a Motor Vehicle accident in Miami-Dade County where Defendant Pena was cited for the accident. Defendant Pena was operating a vehicle owned by Defendant Hernandez. Plaintiff Paz argued at trial that as he proceeded through an intersection, having the right of way, Defendant Pena ran a stop sign and struck his vehicle on the driver’s side.Read More

Ilse Contin v. Store

Defense Verdict

Plaintiff alleged that after selecting stain remover from a shelf, she tripped over cans of paint that had been placed behind her by a store employee who was stacking the shelves on the opposite side of the aisle. At trial, Plaintiff claimed $53K in past medical bills, $413K in future medical bills, $3.6 million in past and future lost wages, and unspecified past and future pain and suffering. The Plaintiff’s fall was observed by a (now former) store employee. The store employee testified that due to the Plaintiff’s high heels, the Plaintiff tripped over her own feet after removing an item from the shelf. The store employee testified that he had observed the Plaintiff since she entered the aisle, and was approximately six feet away when he saw her trip over her own feet. He stated that at that time, he was “facing” products on the other side of the aisle. The store manager, came to the aisle to attend to the Plaintiff after her fall and has testified that he did not observe any merchandise on the floor. Read More

RESULT

Daniel Santaniello, Managing Partner received a defense verdict in Miami-Dade County on April 18, 2006 for a Motor Vehicle Accident. Plaintiff alleged that the Defendant ran a stop sign. The Jury found liability. Plaintiff claimed that as a result of the subject accident, Maudeva Lee Robinson sustained permanent injuries to her right arm and shoulder, which is her dominant hand. The Orthopedic Surgeon, Dr. Elliot Lang, treated Plaintiff for possible rotator cuff and permanent supraspinatus tendinosis to the shoulder, as well as neck and back injuries. Plaintiff’s chiropractor, Dr. Fernandez, opined that Plaintiff did sustain a permanent injury to the shoulder, neck and back and gave the Plaintiff a 6% permanency rating to the body as a whole. Dr. Fernandez opined that Plaintiff’s positive MRI revealed permanent damage to the shoulder. Plaintiff’s medical bills totaled $17,463. Plaintiff also claimed lost wages of approximately $8,000. Plaintiff claimed future medical care and pain and suffering, all totaling over $100,000. The jury awarded only approximately $6,000 in past medical bills resulting in a "zero" verdict and found that the Plaintiff did not sustain a permanent injury. As a result, Defendant is entitled to tax costs. Read More

Final Judgment

Daniel Santaniello, Managing Partner received a Final Judgment in favor of Defendants on February 14, 2006 in Miami-Dade County. Plaintiff alleged that she was proceeding west though the green light at the Intersection of Bird Road and 67th Avenue, at which time she was struck by Defendant, Carlos Rodriguez. Plaintiff claimed that she sustained neck, back and shoulder injuries (i.e., Wedge Fracture at mid back; Disc Space Narrowing at LS-S1; Reversed Spondylolisthesis of L4-5, L5-S1; Right Shoulder Thecal Sprain). Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Rodriguez and a non-party witness called by Defendant’s Counsel both testified that Rodriguez had a green light and that Manas ignored the red signal, thus causing the accident. The Jury found in favor of Defendants on liability that the Defendant was not negligent in causing the subject accident. Read More

Negligent Security, Premises Liability

Final Summary Judgment

Jack Luks, Partner and Zeb Goldstein, Associate, received an Order of Final Summary Judgment on January 5, 2006, in Circuit Court of Miami, Florida. Plaintiff's most recent demand for settlement was $900,000.00. Plaintiff alleged that while working as an off-duty police officer at Club Level in Miami Beach, Florida on the evening of January 1, 2001, he was involved in a fight which broke out inside the nightclub at 2:30 p.m., at which time he was assaulted by one of the club customers, sustaining extensive injuries, initially that of a fracture of the vomer, compound fracture of the nose and abrasions to the skull. Plaintiff further claimed that he would require future corrective surgery due to the deviated septum. He complained of frequent nose bleeds, frequent headaches, neck pain, loss of memory and depression. Plaintiff had alleged future surgery and future care was needed to correct his medical and psychological problems, at an approximate cost of $10,000.00 per year. The Plaintiff was only 29 years old at the time of the incident. Read More

Defense Verdict

Daniel J. Santaniello, Partner received a defense verdict for a motor vehicle accident which occurred on June 17, 2004. Plaintiff alleged she was proceeding west though the green light at the Intersection of Northwest 6th Street and Northwest 2nd Avenue, at which time she was struck by Defendant, Earnest Daniels, who was ticketed for the accident. Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Plaintiff claimed she was a 22 year old female with no prior back or neck complaints, when she was struck violently and taken to the hospital. She was treated for 2 years and had a positive MRI for 2 level bulging disks. Read More

Defense Verdict

Daniel J. Santaniello, Partner and Robin Levine, Partner received a Defense Verdict in Miami-Dade County. Plaintiff alleged that decedent Richard Napper, a pedestrian was crossing the street when he was negligently struck by the Laboratory Corporation vehicle driven by their employee, Miguel Hernandez. Plaintiff claimed that Defendant Hernandez carelessly failed to yield to Richard Napper and had sufficient time to avoid colliding with him. Defendants argued that Richard Napper was the sole cause of the accident because he entered the intersection while intoxicated, against the light and 10 feet outside of a designated crosswalk. Plaintiff first filed the case as a Wrongful Death when Mr. Napper died weeks later from complications of the ankle, claiming an emboli. Defendant aggressively fought the death claim, claiming Plaintiff had prior similar conditions causing Plaintiff to
drop it before trial and proceed solely on a survivor claim for the accident. Plaintiff claimed compensation for injuries to his head, neck, back and a comminuted, displaced left ankle fracture and dislocation which required 3 surgeries leading up to his death. Plaintiff asked the jury for approximately $70,000 in past medicals and $500,000 in pain and suffering. Read More

Defense Verdict

Paul S. Jones and Joseph F. Scarpa received a defense verdict for the store in a Products Liability case where the store was sued under the theory of strict liability. The plaintiff worked as a superintendent for a roofing company. His company purchased a folding ladder from the store for use on the job. The plaintiff claimed that he was climbing the ladder to access a roof when one of the hinge locking bolts broke. The ladder collapsed and the plaintiff fell to the ground severely fracturing his left ankle which required internal fixation surgery. Also, his doctors’ testified at trial that plaintiff would need a second surgery to fuse the ankle joint to eliminate ongoing complaints of pain. Plaintiff’s past medical expenses were $50K. His doctors estimated another $50K for future medical care, including the future surgery. Plaintiff’s vocational expert and economic expert both testified that the plaintiff sustained over $381K in lost wages and lost earning capacity due to his permanent physical limitations. Read More

Favorable Verdict

On January 25, 2003, at 12:30 p.m., Plaintiff was walking down an aisle in Defendant's store in Orlando when she allegedly slipped and fell on a puddle of blue liquid laundry detergent. Plaintiff fell onto the tile floor landing on her back. She sued the store on a theory of premises liability, claiming that store employees were negligent for not discovering and cleaning the spill. Defendant defended on the basis that Plaintiff was at fault because she should have seen the blue puddle and that its employees had followed Defendant's reasonable procedures regarding inspections.Plaintiff's lowest pre-suit demand was $ 100,000; at the close of the evidence at trial, Plaintiff asked the jury for $ 75,000. Plaintiff's Motions for New Trial and Additur were denied by the judge. Read More

Collins v. Wells, Roebuck, Quinn, Et. Al.

Summary Judgment

Daniel Santaniello obtained a Summary Judgment for a national insurance company on a wrongful death case of a mother with multiple survivors. Plaintiff alleged that the insurer provided a safety consultant during the construction of a highway and was negligent in performing its duties, resulting in a dangerous intersection that killed Kathryn Elynor Collins. We filed a motion for summary judgment, alleging that the insurer owed no duty to the public by providing a safety consultant, and further that the non-joinder statute prohibited joining the insurer of the defendants in the case. The Court agreed and dismissed the case. Read More

Motion to Dismiss for Fraud on the Court

Daniel Santaniello and Bill Peterfriend won a rare Motion to Dismiss for Fraud on the Court in Palm Beach County a week before trial was set to begin on a $ 2 Million dollar claim. Plaintiff filed suit alleging that on February 23, 1998, she was riding in a jog cart behind her horse at Sunshine Meadows Equestrian Village when a Sunburst Sanitation Waste Vehicle came onto the property to pick-up a dumpster, spooked her horse, causing the horse to go out of control. Plaintiff later changed her story to claim that Sunburst’s vehicle hit her jog cart, causing it to tip over and causing the Plaintiff’s injuries. Plaintiff had several back surgeries and received total Social Security Disability and was demanding $2 million. Based upon the change in story, the Defense argued that the Plaintiff's case should be stricken for fraud on the Court. The court entered an order granting the Motion, holding that Plaintiff lied under oath regarding how the accident occurred, resulting in spoliation of evidence and prejudice to the Defendants. Read More

Defense Verdict

Jack D. Luks, Partner received a defense verdict on behalf of the Defendant Restaurant. Plaintiff alleged that on February 21, 2003, while she was walking from the lower parking of the Sea Watch Restaurant toward the main entrance, her path was obstructed by a vehicle that was parked by the valet personnel employed by the restaurant. The obstruction forced the Plaintiff to take an alternate route, walking on a sandy, rocky area. The Plaintiff contends that her foot sunk into the ground enough to cause her to lose her balance and fall, sustaining a non-displaced fracture of the right ankle. Plaintiff demanded $400K and alleged that the Defendant created a dangerous condition, thereby causing injury to the Plaintiff. Jack Luks, on behalf of the Defendant Restaurant denied the allegations in the Complaint and alleged that the Plaintiff was comparatively negligent. Read More

Defense Verdict

Jack D. Luks, Partner and Todd T. Springer, Managing Attorney (i.e., Jacksonville Office) received a defense verdict on behalf of Defendant Mall. At trial, the Plaintiff asked the jury for approximately $3.1M. The Plaintiff alleged that while she was walking out of the Orange Park Mall, she tripped over a deviation in the slabs of sidewalk at the food court patio. The Plaintiff alleged that the mall negligently maintained the sidewalk where the accident took place and failed to warn the Plaintiff of the dangerous condition. Read More

RESULT

SUMMARY. Read More

Defense Verdict

Plaintiff, a 54 year old retired secretary, was a business invitee at a local mall when she tripped and fell over a one inch high raised portion of sidewalk. The Plaintiff presented evidence that the maintenance staff and mall. management knew of the condition before her fall and that a barricade had been previously placed over the uneven portion of the sidewalk. However, the barricade had been removed at the time of Plaintiff's fall. The Defendant filed a third party claim against the maintenance company for contractual indemnification. Plaintiff had past medical expenses in the amount of $23,138.13. She had undergone epidural and trigger point injections with a pain management specialist who recommended ongoing pain management care. Plaintiff's treating chiropractor diagnosed the Plaintiff with cervical/trapezius myofascial pain syndrome, coccydynia and aggravated pre-existing lumbar degenerative joint disease. Clay County - Defense verdict rendered February 2, 2005. Read More