Verdicts by Attorney: Daniel J. Santaniello

Tender of $1M Policy Limits Rejected - $13,023,932 Jury Demand - 2-Week Trial Miami – Net Verdict $590,751.

On April 1, 2022, Senior Partner Luis Menendez-Aponte, Esq., and Managing Partner Daniel Santaniello, Esq. obtained a favorable result in a motorcycle accident matter that occurred on northbound Turnpike just north of Florida City. Plaintiffs jointly asked for $13.1 Million dollars. The $1M policy limits had been tendered and rejected well in advance of trial. The jury apportioned liability 50% to the Plaintiff(s), 10% to the fabre driver, and 40% to the Defendant Abby Tingjing Lu resulting in a net verdict of $590,751.

The case styled Plaintiffs vs. Abby Tingjing Lu was tried over the course of two weeks before Judge Charles Johnson in Miami-Dade County. Our client insured was a Chinese resident living in New York City and was visiting the Florida Keys. She had rented a vehicle from Hertz and was heading back to Fort Lauderdale when the accident happened. Plaintiff was a Cuban-American and Miami resident. His wife, a registered trauma nurse with the Jackson Memorial Health Care System, was on the back of a motorcycle at the time of the accident. Coincidently they were both airlifted to Jackson from this accident. The jury was comprised of five Cuban Americans and one African American.

Our Client encountered some debris on the turnpike and attempted to swerve to avoid it. Nine witnesses testified regarding the accident. There was a dispute over the existence and extent of the debris and a dispute over the actions of our client.

The Plaintiffs alleged that the Defendant improperly failed to avoid the debris like other cars that had successfully maneuvered around it according to witnesses. They suggested she was looking at her phone using it for GPS navigation. They claimed that the Event Data Recorder supported that our client moved into the shoulder and then abruptly moved back into the travel lane at only 5.6 mph, striking the motorcycle. They called expert engineer Ralph Aronberg, P.E. who testified the defendant was totally at fault for the accident.

The Defense disputed liability. We called motorcycle expert and engineer Alan Moore to the stand to testify that the plaintiff was following too closely. The Court did not allow us to present evidence that the plaintiff did not have a motorcycle endorsement.

The injuries to both plaintiffs’ were significant. Plaintiff motorcycle operator, was catapulted at 65 mph into the median and sustained significant lower right extremity injuries involving degloving injuries, a shattered femur, shattered ankle. He can no longer walk without pain and severe limp and needs to undergo at least two further surgeries, including an ankle fusion which was not disputed by the defense medical experts. He required four surgeries to save the leg. He did not have health insurance so his specials totaled $906,214.

Plaintiff girlfriend-passenger and now wife, also was catapulted onto the left lane, where she sustained a fractured femur, and required emergency surgery to align and fixate it. She continues to suffer from pain and limitations due to her leg. Her medical bills were $100,003. It is significant to note both plaintiffs are very young – in their late twenties when the accident happened.

Opposing counsel, Jose Menendez, a renowned Miami tobacco trial lawyer, asked the jury for $9,000,000 in pain and suffering for Plaintiff motorcycle operator and $3,020,715 in pain and suffering for Plaintiff passenger. The total damages requested in closing argument were $9,906,214 for Plaintiff motorcycle operator and $3,117,718 for Plaintiff passenger, both totaling $13,023,932.00.

More than 20 witnesses were called to this trial, including eight plaintiff medical experts. The defense employed two key strategies to deal with the sympathy/prejudice associated with a Miami trial involving a Cuban-American plaintiff versus a Chinese resident of New York; and a reasonable pain and suffering award in light of the facts. These strategies were employed in jury selection and closing arguments and helped deliver a verdict wherein the jury gave less than the defense even suggested for non-economic damages.  Please feel free to reach out directly to Dan Santaniello to discuss this result further.  

In defense of these claims, our firm conducted a thorough and aggressive investigation and learned of the facts that had not been made public, and found additional evidence that supported the actions taken by our client. In fact, we found witnesses and ocean images that established the boys had been seen just prior to and during the storm just off the coast, that the Coast Guard had been contacted and that the boat was then seen in the ocean images overturned and with no signs of life—all before our client was even aware the boys had not timely checked in. The firm’s client was not in custody or control of the boys that day, and he was working at his office so he had no information about the storm.

Ultimately, we filed a summary judgment motion based primarily on the total lack of evidence that our client breached any duty of care. The Order granted summary judgment on behalf of our client and found that his actions did not increase the risk of harm, and that he committed no breach of any duty of care. The case was later amicably resolved.

The summary judgment order in our client’s favor is vindication for the actions of a parent, whose concern and attempt to find his son was not wrong, nor actionable. In the words of the well-reasoned order, “The Defendant went looking for his son and for his son’s companion, Perry. This simple, and understandable act, does not give rise to liability based on the undertaker doctrine.” We add that his actions and determined efforts to search undaunted for weeks should be praised and emulated.  Read more

Managing Partner Daniel Santaniello and Boca Raton Associate Brett Wishna, Esq., obtained a favorable settlement in a wrongful death claim against a liquor store alleged to have sold alcohol to a minor Decedent. The Minor Decedent’s Estate claimed that the sale, among other things, was the legal cause of Decedent’s ultimate death by way of a shooting at a house party later that day. Following discovery, Mr. Wishna moved for summary judgment on behalf of Defendant, arguing that Plaintiff’s evidence was, at best, speculative and circumstantial. While that motion was pending and set for hearing, the parties reached a settlement of $30,000. Read more

Managing Partners Daniel Santaniello, Esq. and Todd Springer, Esq. obtained a favorable result in a wrongful death negligent security matter.  Plaintiff asked the jury for $50 Million dollars in opening and then ultimately $1,000,000 per year for 29.5 years, which amounted to $29,500,000. The jury returned a verdict for $2,967,200. However, the jury apportioned 70% negligence to the decedent, 25% negligence to Fabre Defendant, Zachary Ames and only 5% negligence to Defendant, First Coast Security Services resulting in a net verdict of $148,360. First Coast was the only defendant remaining at the time of trial as Zachary Ames and the Pablo Creek Home Owner’s Association had settled out for a confidential sum pre-trial. 

Decedent was a 20-year-old student who had received a Bright Futures scholarship. He was invited to the home of Zachary Ames located in the neighborhood of Pablo Creek Reserve.  While at the home, Mr. Ames gave Decedent marijuana to smoke knowing it was his first time smoking marijuana.  Shortly after smoking the marijuana the decedent’s demeanor changed.  He became violent and paranoid.  He left the home and began walking through the neighborhood when he was stopped by a First Coast Security Officer. Read more

On July 19, 2018, Managing Partner Dan Santaniello, Esq. and Miami Associate Cristina Sevilla, Esq. received a complete defense verdict in a first-party property matter styled German Chavez and Maria Del R Morales v. Citizens Property Insurance Corporation. Plaintiffs made a homeowner’s insurance claim alleging their property was damaged as a result of a hot water supply line leak beneath the floor slab. At trial, Plaintiffs offered the expert opinions of Grant Renne, P.E. who testified the water discharge caused tile debondment and foundational damage.  Plaintiffs’ loss consultant, Ricardo Tello, estimated the cost of repairs to be in excess of $90,000. While the parties stipulated that an accidental discharge of water beneath the floor slab did occur, Defendant maintained there was no direct physical loss to covered property as a result of the water discharge.   Read More

On June 27, 2018, Managing Partner Dan Santaniello, Esq. and Boca Raton Junior Partner Chris Moore, Esq. obtained a defense verdict in a motor vehicle accident in a negligence case styled Keith Friberg v. Defendant Driver.  Plaintiff claimed he was physically attacked from behind while going to the bathroom at a gentlemen's club by Defendant's friend, then had to leave to avoid further attack by the other friends of the attacker.  Plaintiff testified that he kicked and stomped his attacker in self-defense, then drove away while Defendant Driver and his friends pounded on his car to continue the attack.  After thinking he had successfully avoided further confrontation, Plaintiff testified at trial that he saw Defendant Driver travel across four lanes of traffic on I-95 and ram into his vehicle, causing both vehicles to crash into the concrete barrier at 70 mph, and skid about 100 yards, totaling both vehicles and causing all of the airbags in Plaintiff's vehicle to go off.  Read More

Managing Partner Dan Santaniello and Fort Lauderdale Partner Allison Janowitz received a defense verdict on June 16, 2016 in the slip and fall matter styled De Jesus, Luciano v. Defendant Retail Store when jury found no negligence on behalf of the Defendant. Plaintiff alleges that he was walking through the lighting area of the store, when he slipped and fell, landing in the dark liquid on the floor.  Read More

Managing Partner Daniel Santaniello and Boca Raton Junior Partner Christopher Burrows obtained a defense verdict in a roofing case styled Guy Delmonte v. Whiting Construction, Inc., on June 27, 2014. Plaintiff, Guy Delmonte, owner of a townhouse in a quadruplex in Martin County, Florida, sued a local roofing company, Whiting Construction, Inc., alleging that the roofing company had caused interior water damages to Plaintiff's unit when Whiting Construction replaced the roofs of the three neighboring units in the Plaintiff’s quadruplex.  Read More

On April 27, 2016, Dan Santaniello and Luis Menendez-Aponte received a defense verdict in an MVA tender rejection case tried where Plaintiffs asked the Jury for $42 million at trial. The case was featured in an article in the Daily Business Review on June 16, 2016, “Miami Driver Avoids Liability in Crash With Drunken Driver” by Celia Ampel. The case styled Clairmeda Simeon as guardian of Vilbrun Simeon and Kedlen Joachim v. Michelett Auguste and Lanea Everett was venued in Miami-Dade County.  After eight days of trial and nearly 7 hours of deliberation, the jury entered a Defense verdict for Defendant Michelett Auguste finding that he was not negligent in the operation of his motor vehicle.  Plaintiff Simeon is in a persistent vegetative state and Plaintiff Joachim has a permanent seizure disorder.   Defendant, Michelette Auguste, was the only party represented who had insurance coverage.  Policy limits were tendered but rejected and the case went to trial.  The Plaintiffs also presented the testimony of life care planner Lawrence Forman in support of their request for a $19,856,000 life care plan.  Through the testimony of the defense engineer Roland Lamb, PE, the defense was able to establish that Plaintiffs’ expert engineer’s analysis was faulty and that the physical evidence supported our version of the accident.   Read More

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

Managing Partner Dan Santaniello and Miami Junior Partner Dexter Romanez received a favorable verdict in the personal injury matter styled Carlos J. Colman, Sr. v. Defendant Retail Store on March 28, 2016. Plaintiff was struck by an industrial shopping cart loaded with lumber as he exited Defendant Store, when the wheels of the cart got stuck on the threshold at the exit and the lumber fell forward, causing the cart to shoot directly into the plaintiff’s chest. Plaintiff immediately fell to the ground in pain unable to breathe and claimed he sustained injuries to his chest, left shoulder, cervical, thoracic, and lumbar spines. Plaintiff underwent an anterior cervical discectomy with a total disc arthroplasty at C5-6 with Dr. Thomas Roush. Plaintiff was eventually seen by Dr. Kingsley Chin for low back pain and eventually underwent a lumbar decompression with interspinous fixation and fusion at L5-S1 to resolve a disc herniation. Plaintiff claimed permanent limitations performing activities of daily living, including the ability to run or walk without a significant limp. Plaintiff’s counsel asked the jury for $1,520,000 which included $320,000 for past medical expenses, $200,000 in future medical expenses; and $1 million in past and future pain and suffering. The jury found the Plaintiff 50% comparative negligence. The verdict was 25% less than the Proposal for Settlement and Defendant is entitled to attorney’s fees and costs. Read More

Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on January 8, 2016 in the motor vehicle accident matter styled Evelia Rodriguez v. Humberto Torres.  The accident occurred when the Defendant, Humberto Torres, rear-ended the Plaintiff, causing significant property damage to the Plaintiff’s vehicle. The Defendant pled the affirmative defense of sudden loss of consciousness.  According to the Defendant, the accident happened when he lost consciousness due to the sudden onset of an epileptic seizure, a condition he had never suffered from before this accident. Read More

Managing Partner Dan Santaniello and Miami Junior Partner Luis Menendez-Aponte received a defense verdict on December 3, 2015 in a traumatic brain injury Trucking liability lawsuit. Plaintiff, a 37 year old male was involved in a catastrophic intersection accident with an 18 wheeler semi-truck operated by the Defendant driver. Plaintiff’s vehicle was completely destroyed due to the severe impact and the Plaintiff had to be extracted from the vehicle by first responders using the jaws-of-life.  After Plaintiff’s release from the hospital, the Plaintiff underwent pain therapy, orthopedic therapy, and began treating with a neurologist Nicholas Suite, MD and neuro-psychologist Alejandro Arias, Psy.D. for alleged traumatic brain injury sustained during the accident. Read More

South Florida Managing Partner Daniel Santaniello and Miami Junior Partner Luis Menendez-Aponte obtained a defense jury verdict after admitting liability on an automobile accident involving a 2 level cervical neck discectomy with fusion in the matter styled Jonathan Pallone vs. Harvey Ruiz-Padilla and Orlando Villanueva on July 2, 2015.  The Defendant admitted negligence but disputed causation and damages.  The Plaintiff demanded $527,828.62 at trial.  The jury returned a defense verdict finding that the Defendant’s negligence was not the legal cause of the Plaintiff’s damages.  Read More

South Florida Managing Partner Daniel Santaniello obtained a favorable jury verdict in a motor vehicle accident case styled Julio Perez Eschevarria vs. Laboratory Corporation Of America, and Charlotte R. Hill on June 19, 2015 in Palm Beach County.  Plaintiff demanded $800,000 prior to the start of the trial. The jury found Plaintiff 60% comparatively negligent and returned a net verdict of $13,962.01. Read More

Managing Partner Daniel Santaniello and Douglas de Almeida, Esq., obtained a defense verdict in a ladder injury case styled Kevin Connor v. Villa D'Este Condominium, Inc. and Campbell Property Management and Real Estate, Inc.  The case was tried over six days before a jury in Broward County.  Plaintiff was a 57 year old man, who was on his ladder cleaning the top of his neighbor's wall when he claimed that the ladder slipped out from under him.  Plaintiff alleged that the driveway was dangerously slippery and sued the Homeowner's Association and Property Management Company for failing to remedy the allegedly dangerous condition. Read More

Managing Partner Daniel Santaniello, Orlando Partner Paul Jones and Doreen Lasch, Junior Partner obtained a defense verdict in a Pedestrian hit case style Ruimy, Laura vs. Flor N. Beal.  This case involved two jury trials and a demand for $1,000,000. The Plaintiff was a 17 year old female from Canada visiting a relative in Miami who was hit by a car while crossing the streets of Miami Beach. Defendant Alex Beal was making a right turn and struck plaintiff.  The vehicle was owned by Defendant Flor N. Beal, and had been left at her parents’ house while she went on a trip to New York.  The vehicle was taken by Alex Beal without the knowledge of Flor Beal, and without the express or implied permission and/or consent of the owner, Flor Beal, after which the accident occurred. Read More

Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More

Daniel Santaniello, Managing Partner and Thomas Gibbons, Esq., of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in an automobile accident case styled Kazandra Bern v. Dafne Acevedo and Marcelle Camejo in Miami-Dade County, March 12, 2012.  This case involved a head on collision where Plaintiff almost lost her leg. The Defense brought in a 90% Comparative/fabre. The Plaintiff asked the jury for $7.7M with $843K in undisputed past medical expenses. After set-offs, the net effective verdict was $65,000.  Defendant’s vehicle was struck by two (2) vehicles as Defendant entered the intersection of 135th & Biscayne Boulevard. Keilin Perez was initially named as a party Defendant but settled with Plaintiff and was a Fabre Defendant at trial.  Both Keilin Perez and the Plaintiff contended that they entered the intersection on a green turn arrow, while Defendant, Dafne Acevedo maintained that she had a green light at all times.  Read More

Wrongful death action arising from allegedly negligent design and construction of roadway, District Court of Appeal, Fourth District, Doreen E. Lasch and Daniel J. Santaniello. The Appellate Court reversed a $1.4 million jury verdict against the FDOT, August 10, 2011.  Read More

Bus Doors Shut on Plaintiff (Miami-Dade County, Defense Verdict, June 17, 2011). Read More

Shot to Death by Unknown Assailant, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More

2 Week Trial in Palm Beach County, $2.3 Million sought, “$0” awarded. The case featured 13 experts and 20 witnesses. claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site. The Plaintiff, a 51 year old self employed owner of an automotive repair shop and married with two young children, claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site.  The Defendant was knocking down a dirt pile on the shoulder of the road, when Plaintiff alleged Hubbard backed into the road and struck the Plaintiff, who was driving by, causing him to lose control and drive off the road down to a lake. Plaintiff brought claims for negligence against Douglas Clyde Williams and claims of negligent supervision and vicarious liability against Hubbard Construction Company. Plaintiff alleged that Hubbard Construction was negligent in failing to mark the construction zone, separate traffic from the work zone or place a flagger by the Caterpillar. Read More

Severe   motor   vehicle  accident   involving  a   T-bone collision. Defendant did not see Plaintiff approaching and turned in front of Plaintiffs vehicle. Defendant contended that Plaintiffs approaching vehicle was not visible due to a small bridge 200 feet from  the  point  of the collision. Plaintiffs vehicle was totaled . Defendant also contended that Plaintiff must have been speeding. Plaintiffs treating physician Dr. Andrew Schmer, D.C., opined that Plaintiff had  an  8%  permanent   impairment   rating.  Plaintiffs treating orthopedic physician , Dr. Pedro Berman , M.D., opined that  Plaintiff  had a 3% permanent  impairment based  upon Plaintiffs  own  "subjective " complaints. Plaintiffs  medical  bills  totaled  approx.  $15K.  Plaintiff requested  $44K for past  and future medical  care  and $69,350 for future  pain and  suffering. Defendant's expert, Dr. Salvador Ramirez, a board certified orthopedic surgeon, testified that Plaintiff had no objective findings to substantiate his subjective complaints and that all problems pre-dated the accident. Dr. Ramirez testified that Plaintiff did not suffer a permanent injury. Read More

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

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.

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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

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

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

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

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

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

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

On June 12, 2002, at approximately 2:48 p.m., minor Plaintiff Natividad alleged that she was stopped at a red light on N.E. 8th Street in Homestead when Defendant's vehicle rear-ended her vehicle. The jury determined that Defendant's negligence was the legal cause of injury, loss, or damage to Plaintiff. They also determined that Jose Rivera was not entitled to any recovery for the filial consortium claim or for the loss of his daughter's services. The net verdict awarded to minor Plaintiff was $ 6,000. Minor Plaintiff asked the jury for her medical bills of $22,000, future medical expenses, future loss of earning capacity, past and future pain and suffering, and loss of support and services for her father; nevertheless the jury awarded minor Plaintiff less than her medical bills ($ 16,000). The jury also determined that Plaintiff was not entitled to any future medical bills and that she did not sustain a permanent injury. The jury was also asked to make a determination as to whether Defendant was entitled to a $ 10,000 set-off for the payable PIP benefits and awarded Defendant the $ 10,000 set-off at trial.  Read More