Verdicts by Attorney: Ferreyra, Edgardo
Favorable Verdict – Injury Law Firm - $113K Net Verdict - $300,000 Demand – Plaintiff Found 51% Negligent
On November 7, 2024, Founding Partner, Jack Luks and Senior Partner, Allison Janowitz obtained a favorable verdict in matter styled Plaintiff v. Defendant Retail Mall. Plaintiff alleged she tripped and fell in the mall’s parking lot over a dangerous condition that was caused by the mall’s negligent maintenance and failed to warn the Plaintiff of the hazardous condition about which Defendant knew or should have known.
Plaintiff alleged that on July 10, 2022, while she was an invitee on Defendant’s premises, she was crossing a parking lot when she fell on a raised piece of concrete near the curb of a landscape median. Plaintiff demonstrated through the use of Google Earth that the defect had existed for over three years and the Mall had failed to maintain or repair it.
During trial, the Defense presented evidence that the Plaintiff told three different healthcare providers that she fell due to tripping over her flip flops with no mention of broken or raised concrete. She further changed her testimony as to which defect in the parking lot caused her to fall. Plaintiff introduced a liability expert who testified that the area was in violation of multiple codes and standards.
Medical treatment was not contested. Plaintiff, upon landing on the asphalt, fractured her patella and underwent a surgery and extensive therapy for one year. Plaintiff alleges that as a result of the fracture and surgery she was unable to walk up stairs easily, work out or go for walks with her friends, walk on the beach, lift weights, run, jog, dance, or bowl. She has difficulty bending, standing for long periods of time and bathing. She had to add a chair in her shower and modify her toilet. Her pain was reported to be constant and she rated it as an 8/10.
Liability and comparative negligence were contested until the very end. Plaintiff requested $50,000 every year for the next 30 years of her life. Defendant admitted the hard cost of the medicals and miscellaneous damages, while arguing significant comparative negligence on the part of the Plaintiff. In addition to the undisputed medicals of $49,00, the jury awarded Plaintiff $182,000 in pain and suffering both in the past and in the future but found the Plaintiff 51% negligent resulting in a net verdict of $113,000.
Plaintiff asserted that the Defendant – our client – Mall negligently maintained its parking lot area and, as a result, was the direct cause of the incident. In arguments, Plaintiff attempted to establish liability based on failure to have additional crosswalks, stops signs and other safety traffic control devices in its parking lot. Nonetheless, in depositions, it was established that the Co-Defendant driver, was at a complete stop prior to making the left turn and was also familiar with the parking lot layout as he had been visiting the Mall since 1987. This key testimony aided in dismantling Plaintiff’s theory that the Mall was negligent in its design of its parking lot, which was the cause of the accident and injuries alleged. The Mall argued that the inclusion of most of the traffic control devices recommended by the Plaintiff’s liability experts would not have altered the outcome of the accident.
Further, Defense expert, Roland Lamb, testified that based on his expertise and experience, the parking lot design was reasonable. Despite naming the driver as a Co-Defendant, Plaintiff's counsel continued to argue that the driver should not bear any responsibility for the accident and solely focused Plaintiff's case on the Mall as the responsible party. Trial partners Jack D. Luks, and Allison I. Janowitz highlighted this fact coupled with their position that the Mall was not negligent in its parking lot design and/or it was not a legal cause of the accident.
Following closing arguments, the jury deliberated for two hours and returned a complete Defense verdict establishing that Defendant Mall and Co-Defendant driver were not the legal cause of loss or damage.
On December 10, 2020, Founding Partner Jack Luks, Esq., and Junior Partner Allison Janowitz, Esq., prevailed on a Motion to Strike Plaintiff’s Pleadings based on Fraud on the Court in Gandy, Anthony v. Florida Mall. This case arose out of a trip and fall in the parking lot of Florida Mall on December 23, 2017. Plaintiff asserted that Florida Mall failed to maintain the parking lot in a reasonably safe condition, resulting in Plaintiff’s injuries to his right shoulder, right knee, and lumbar spine. Plaintiff claimed medical damages of about $100,000 as a result of the fall. Throughout the investigation of the claim, the Defense found multiple surgeries on Plaintiff’s right knee that were not disclosed during deposition or discovery. Further, Plaintiff failed to disclose two subsequent incidents where he was admitted to the hospital complaining of pain in his right shoulder.
The Court found that the Plaintiff’s misrepresentations regarding the extent of his injuries, the limitations that had previously been attributed to other injuries, as well as failing to disclose the surgeries and post-accident falls, were intentional and that the misrepresentations were a scheme to mislead the Court. Accordingly, the Court granted the Motion for Dismissal based upon Fraud on the Court. Read more
Founding Partner Jack Luks and Associate Allison Janowitz received a $4,500 net verdict on a slip and fall matter styled Michelle Santovito v. Defendant Store on October 21, 2016. Defense served a Proposal For Settlement and has filed a Motion for Entitlement of Attorneys’ Fees and Court Costs. Plaintiff Santovito, was walking in Defendant Store when she stepped in a liquid substance, and slipped and fell several steps later. Read More
Founding Partner Jack Luks and Senior Partner David Lipkin received a defense verdict in the premises liability matter styled Felipe Ernani vs. Mynt Holding Co., LLC. on March 9, 2016. Mynt lounge was the only remaining defendant, both the city and the police officers settled out of this case several years ago. The plaintiffs alleged that as the police officers were off duty and working for Mynt as specially assigned off duty police officers paid for by Mynt, that Mynt was responsible for their conduct. Read More
Slip and Fall, Lee County, Jack Luks and David Lipkin, Defense Verdict, 12/7/2010. Read More
Trip and Fall, U.S. District Court, Southern District of Florida, Summary Judgment, Jack Luks and David Lipkin, 12/6/2010. Read More
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