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verdicts

Verdicts by Attorney: Ferreyra, Edgardo

Case:
Shonte Bunch, as PR of the Estate of Martorell Williams v. Pilot Travel Centers LLC, SSA Delaware 
Practice Area:
Appeals | Litigation Support
Attorney(s):
Balinsky, Laurette A; Ferreyra, Edgardo
Result:
Summary Judgment Affirmed
Summary:
Shooting Wrongful Death 16-Year-old - Brevard County.  Summary Judgment Affirmed, PCA’d by Fifth District Court of Appeal following oral argument. 
Case:
Maria Davila, as P.R. of the Estate of Candido Manzanares v. Florida Department of Transportation (FDOT)
Practice Area:
Excess | Wrongful Death
Attorney(s):
Menendez-Aponte, Luis; Ferreyra, Edgardo
Plaintiff Counsel:
Rubenstein Law, P.A. (Gregory Deutch and Kevin Mulet)
Result:
Dismissal with Prejudice
Summary:
This matter involved a wrongful death cause of action brought by the Estate of the Candido Manzanares stemming from an automobile accident that occurred within the construction zone of FDOT’s roadway expansion project along Krome Avenue in Miami-Dade County, FL. On the date of the incident, just prior to the time the workers were to be dismissed for the day, co-Defendants Perez Camejo and Roversys Hernandez entered their personal vehicles and took it upon themselves to engage in a dangerous, high-speed drag race within the construction zone. During the race, both drivers lost control of their vehicles, with Camejo’s car striking Mr. Manzanares as he was standing next to his vehicle which was parked within the construction zone. The Plaintiff’s alleged that FDOT had a duty to maintain the roadways in a reasonably safe condition and to learn and discover any dangerous issues on the roadways and to prevent any such dangerous conditions from existing on the roadways. This included having the necessary personnel controlling traffic, training all on-site personnel about how to properly and safely move vehicles, and maintaining appropriate traffic control devices, signals, and signs. FDOT purportedly breached these duties by failing to: (a) ensure that the job site was safe; (b) have appropriate personnel directing, supervising, and/or controlling traffic; (c) comply with all applicable codes, regulations, statutes and any other governing authority regarding roadways and traffic; (d) warn of the hazardous conditions of the roadways of the job site; (e) provide proper warnings and signage; (f) train employees and other persons on the job site of the proper way to move and drive vehicles; (g) maintain and enforce safety protocols; (h) make necessary changes to the roadways; and (i) properly create, execute and/or implement relevant designs at and for the job site.   Read More
Case:
Manuel Castillo v. Ulysses Lopez
Practice Area:
Auto & Fleet Liability
Attorney(s):
Menendez-Aponte, Luis; Ferreyra, Edgardo
Plaintiff Counsel:
Lonnie B. Richardson, P.A. (Michael Compo and Lonnie Richardson)
Result:
Motion for Summary Judgment for Defendant
Summary:
Senior Partner Luis Menendez-Aponte, Esq., and Appellate Partner Edgardo Ferreyra, Esq., obtained a summary judgment in an auto negligence matter styled Manuel Castillo v. Ulysses Lopez. The primary issue on the case involved whether Plaintiff had presented evidence to establish he was even a passenger in the vehicle crashed by Defendant. Plaintiff was not listed on the traffic crash report. The Defense argued it was entitled to summary judgment as a matter of law because Plaintiff had failed to present evidence or an explanation as to why his name was not included in the traffic crash report, and thus the presumption under Florida Statute section 316.068(2)(g) that he was not involved in the accident was unrebutted. The Defense argued that this omission from the traffic crash report was fatal to Plaintiff’s negligence action, because Florida statutory law holds that in “[t]he absence of information in such written crash reports regarding the existence of passengers in the motor vehicles involved in the crash constitutes a rebuttable presumption that no such passengers were involved in the reported crash.” Fla. Stat. § 316.068(2)(g). The vehicle Plaintiff claimed he was travelling in had four passengers, all of which had met earlier in the evening at a bar. Plaintiff claimed that immediately after the accident, he walked away from the accident scene and did not wait for police to arrive. Three of the four passengers did not recognize Plaintiff at all, and the officer would not amend his report to include Plaintiff because he did not recognize him as being a part of the accident. Only one of the passengers placed Plaintiff in the vehicle, but she was admittedly drunk, stoned, and her account directly contradicted Plaintiff’s version of events in that she testified that Plaintiff actually remained on the scene and spoke with the police. The crux of our argument was that Plaintiff failed to present “credible evidence” to overcome the rebuttable presumption under section 316.068(2)(g). Therefore, Defendant was entitled to summary judgment. The Court agreed. Read more
Case:
Plaintiffs v. Rodal Investment Corp. et. al.
Practice Area:
Negligent Security
Attorney(s):
Ferreyra, Edgardo; Jimenez, Elizabeth
Plaintiff Counsel:
Amanda Demanda Law Group (Amanda D. Suriel, Esq.)
Result:
Motion for Summary Judgment
Summary:
Appellate Partner Edgardo Ferreyra, Esq., and Junior Partner Elizabeth Jimenez, Esq., prevailed on a Motion for Summary Judgment in the negligent security matter styled Plaintiffs v Rodal Investment Corp. et. al.  Plaintiff argued that the commercial landlord had control over the parking lot pursuant to the lease, in which it retained a maintenance responsibility. Defense successfully argued that the provision was not enough to create a duty of care in the negligent security context. Judge Reemberto Diaz agreed and entered final judgment. 
Case:
Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company
Practice Area:
Appeals | Litigation Support
Attorney(s):
Kaplan, Jonah D.; Ferreyra, Edgardo
Plaintiff Counsel:
Weil, Snyder & Ravindran, P.A. (Marguerite Snyder, Esq.); Nation Law Firm (Mark Nation, Esq.)
Result:
Summary Judgment Upheld
Summary:

In matter styled Timothy and Dorothy Maxwell v. Centauri Specialty Insurance Company, after approximately two years of extensive litigation and appeals, Junior Partners Jonah Kaplan, Esq., and Edgardo Ferreyra, Esq., successfully obtained a ruling by the 4th DCA upholding a Broward Court Order granting Centauri’s Motion for Summary Judgment, which capped the Plaintiffs’ damages from a plumbing loss to $10,000 based on Centauri’s Limited Water Damage Coverage endorsement. Accordingly, the 4th DCA upheld the summary judgment that the $10,000 cap includes “tear out” and access costs.

Prior to the lawsuit, Centauri issued payment to the Plaintiffs for the alleged loss in the amount of $10,000. Plaintiffs alleged they were entitled to recover for “tear-out” based on the Policy. The Plaintiffs’ pre-suit demand on May 24, 2019 was $235,000. After Centauri prevailed at Summary Judgment, the Plaintiffs retained additional counsel (Mark Nation) to handle their appeal. Mr. Nation is a well- known hired gun for First Party Plaintiffs’ lawyers.

We note that on February 18, 2022, the 5th DCA in Security First v. Vazquez, ruled specifically that “tear out” was not include in the limited water damage coverage endorsements. Accordingly, homeowners in the 5th DCA can seek recover for “tear-out” costs. Thus, the district courts appear to be split regarding the application of Property insurers’ limited water damage coverage endorsements.

Our litigation and appellate team saved the carrier several hundreds of thousands of dollars on this claim. Furthermore, this is a groundbreaking ruling, which can be utilized by property insurance carriers in the 4th DCA that have similar limited water damage coverage endorsements.

Case:
Escobar v. Equix Energy Services, LLC.
Practice Area:
Construction Defect
Attorney(s):
Ferreyra, Edgardo
Result:
Voluntary Dismissal
Summary:
Miami Junior Partners Kelly Kesner Esq., and Edgardo Ferreyra Esq., obtained a Voluntary Dismissal in Escobar v. Equix Energy Services, LLC. Plaintiff alleged that work done by Equix on a street corner left a dangerous condition causing her to trip and fall and sustain injuries. Defendant argued that not only did they not do the type of work alleged, but they had no jobs at that particular location during that time. Moreover, Plaintiff’s claim was brought outside of the Statute of Limitations period. Nevertheless, Plaintiff persisted and would not dismiss Defendant from the matter despite her claim being unsupported and outside of the statute of limitations. Defendant responded to Plaintiff's Motion for Summary Judgment and filed a Cross-Motion for Summary Judgment, filed its own Motion for Summary Judgment, and also filed a Motion for Sanctions. On the eve of the hearing on the Motions for Summary Judgment, Plaintiff’s counsel voluntarily dismissed Defendant from the matter.  Read more
Case:
Lanza v. Charles Group Hotels, Inc. d/b/a Best Western Plus Atlantic Beach Resort
Practice Area:
Premises Liability
Attorney(s):
Kesner, Kelly L., Ferreyra, Edgardo
Result:
Motion for Summary Judgment
Summary:

Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained an MSJ in the premises liability matter styled Lanza v. Charles Group Hotels, Inc. d/b/a Best Western Plus Atlantic Beach Resort. The case stemmed from a slip and fall in the stairwell of the Best Western Resort. Plaintiff testified that he fell on standing water in the stairwell. Importantly, Plaintiff noted that the water was clean and clear; there were no footprints and no track marks. Read more

Case:
JL Shoes v. Downtown Investments Corp.
Practice Area:
First Party Property
Attorney(s):
Kesner, Kelly L., Ferreyra, Edgardo
Result:
Summary Judgment
Summary:

On October 17, 2019, Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgement in the matter of JL Shoes v. Downtown Investments Corp. It was alleged by Plaintiff that Hurricane Irma caused damage to the building in which plaintiff leased retail space. The Plaintiff alleged that the building owner negligently maintained the roof, and that as a result, the retail store had been severely damaged causing the loss of the store’s entire inventory of shoes.  Plaintiff sought damages for the lost inventory, consequential damages, as well as moving and build out costs. It was successfully argued on behalf of the building owner that Plaintiff had failed to establish with any reasonable degree of certainty the damages that it had suffered. Read more

Case:
Butler v. Wolthuis
Practice Area:
Auto & Fleet Liability
Attorney(s):
Ferreyra, Edgardo
Result:
Final Summary Judgment
Summary:

On July 9, 2019, Miami Partners Heather Calhoon, Esq. and  Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgment in the matter of Butler v. Wolthuis The case involved a motor vehicle versus pedestrian accident. The Plaintiff was struck by the defendant driver as she attempted to cross a busy Miami roadway. Plaintiff alleged severe physical injuries, including a traumatic brain injury. At the summary judgment hearing, it was successfully argued that the plaintiff had failed to produce any record evidence that the driver had been negligently operating his vehicle at the time the incident occurred. Read more

Case:
Gonzalez v. Avis Rent A Car
Practice Area:
Auto & Fleet Liability
Attorney(s):
Edgardo Ferreyra
Result:
Motion for Summary Judgment
Summary:
A Motion for Summary Judgment was granted  in the case of Gonzalez v. Avis Rent A Car.  Judge Arzola granted our Motion for Summary Judgment today on a claim of negligence against Avis Rent A Car System under Florida’s Unattended Motor Vehicle Statute. Plaintiff was injured when an Avis rental vehicle, driven by an individual who gained access to the vehicle, struck Plaintiff’s car and then struck the Plaintiff. Read More
Case:
Obregon v. Rosana Corp.: Published Appellate Decision
Practice Area:
Appeals | Litigation Support, Premises Liability
Attorney(s):
Edgardo Ferreyra, Daniel J. Santaniello
Result:
Appellate Decision
Summary:
Read More
Case:
Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee
Practice Area:
Auto & Fleet Liability
Attorney(s):
Edgardo Ferreyra
Result:
Summary Judgment Affirmed
Summary:

Miami Associate Edgardo Ferreyra obtained a favorable result on December 21, 2016 when the Third DCA affirmed summary judgment and denial of plaintiff's request to the Florida Supreme Court in the trip and fall matter styled Marilyn Samuels, Appellant, v. Defendant Retail Store, Appellee.  The Appellate court granted our motion for Attorneys' Fees and denied Plaintiff's motion for Fees. Read More

Case:
Philip Rotondo v. Defendant Retail Store
Practice Area:
Premises Liability
Attorney(s):
Edgardo Ferreyra
Result:
Dismissal With Prejudice
Summary:

Edgardo Ferreyra obtained a dismissal with prejudice in the premises liability matter styled Philip Rotondo v. Defendant Retail Store.  The Plaintiff alleged he was pushing a flat bed cart in the flooring aisle when he cut his leg. Read More

Case:
Shane Burnett v. Defendant Retail Store
Practice Area:
General Liability
Attorney(s):
Edgardo Ferreyra
Result:
Dismissal
Summary:

Edgardo Ferreyra obtained a dismissal in the False Imprisonment matter styled Shane Burnett v. Defendant Retail Store.  The Plaintiff appealed to the Eleventh Cir. Court and the appeal was dismissed. Read More

Case:
Sewell v. Racetrac Petroleum, Inc.
Practice Area:
Roadway Construction
Attorney(s):
Edgardo Ferreyra, Daniel J. Santaniello
Result:
Motion to Dismiss with Prejudice
Summary:

The Miami Office prevailed in the matter styled Sewell v. Racetrac Petroleum, Inc. when the Court granted Defendant’s Motion to Dismiss and/or to Strike Plaintiff’s Second Amended Complaint and dismissed Plaintiff’s Complaint with prejudice on the issue of duty at a Special Set hearing on April 4, 2016. Read More

Case:
Dorsey vs. Hertz Corp.
Practice Area:
Auto & Fleet Liability
Attorney(s):
Edgardo Ferreyra
Result:
Dismissal with Prejudice
Summary:

Shana Nogues, Associate obtained a dismissal with prejudice in the matter styled Dorsey vs. Hertz Corporation & Rosita N. Simmons. The negligence action arose out of an alleged automobile accident on June 5, 2010, but was filed on January 15, 2015, after the expiration of Florida’s four year Statute of Limitations for negligence actions pursuant to Section 95.11, Florida Statutes. Read More