Verdicts by Attorney: Ferreyra, Edgardo
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