Verdicts by Attorney: Springer, Todd T.
Jacksonville Defense Verdict November 2, 2021. During closing arguments, Plaintiff requested a verdict in excess of $1.3M.
Jacksonville Managing Partner Todd Springer, Esq., and Junior Partner Deana Dunham, Esq., obtained a defense verdict following a three day jury trial in matter styled Joyce Daugherty v. Defendant Retail Store in Baker County, Florida. Mrs. Daugherty, a 70 year old preschool teacher, alleged that Defendant breached its duty by negligently allowing a “saturated” mat to remain on the floor of the store’s vestibule, which caused Plaintiff to slip and fall. As a result of the incident, the Plaintiff claimed an injury to her right hip, for which she underwent emergency surgery and expressed continued complaints of pain and limitations. Plaintiff presented medical bills totaling approximately $150,000.00, although the court had previously granted Defendant’s Motion in Limine to limit the medical bills to what was allowed by Medicare. The parties stipulated to past medical expenses in the amount of the liens, which totaled approximately $43,000.00.
Prior to the trial, the court had granted Plaintiff’s spoliation motion, based on the inadvertent loss of 48 minutes of CCTV video prior to the fall. This resulted in a jury instruction that Defendant had a duty to maintain additional in-store video, which it did not do; and as a result the jury should find for Plaintiff unless Defendant rebutted the presumption of negligence by a greater weight of the evidence.
Defendant overcame the presumption of negligence using photographs taken by the store manager approximately 13 minutes after Plaintiff’s fall which showed the condition of the mat to be reasonably dry; and by eliciting testimony from the former store manager about his observations of the area at the time of his inspection. Defendant also used the CCTV video itself, which showed 12 minutes before the fall, and approximately an hour and a half after the fall. Defendant was able to demonstrate that the carpeted mat was not saturated and was reasonably safe.
Plaintiff elicited testimony from the responding paramedic that the floor was wet and the mat was saturated. The paramedic testified that, while she did not specifically recall the incident, review of a report refreshed her recollection, and that she recalled both the floor and mat being extremely saturated. She also testified that she, herself, had slipped as she entered the store. Defendant demonstrated to the jury that her testimony was unreliable as the CCTV video showed the EMT entering the area through a separate door, and never walking over or looking toward the mat in question.
During closing arguments, Plaintiff requested a verdict in excess of $1.3M. The jury returned a defense verdict within approximately 40 minutes. A proposal for settlement was filed early in this case, which has allowed the client the opportunity to recover most of the defense fees and costs in this matter. Read more
Jacksonville Managing Partner, Todd Springer, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a favorable result when the court granted Defendant, MOR PPM’s Motion for Final Summary Judgment on November 24, 2020, in the matter styled Malcolm Fabre v. MOR PPM, Inc. in the Circuit Court of Putnam County. Plaintiff filed suit alleging that he slipped and fell on a liquid substance in the administrative building at the Seminole Electric Cooperative power plant. MOR PPM provided many services at the plant including housekeeping services pursuant to a contract. As a result of the accident Plaintiff suffered a C6-C7 fracture requiring surgery, concussion, broken temporal bone, back and neck pain with multiple injections, headaches, and vertigo/balance issues with multiple ongoing blackouts. Plaintiff’s medical expenses and past lost wages totaled approximately $750,000. At the hearing, Mr. Springer persuaded the court that Plaintiff failed to meet his burden of proof that the Defendant had either actual or constructive notice of any hazardous condition in the administration building pursuant to Florida Statute §768.0755. Further, the contract between the Seminole Electric Cooperative and MOR PPM did not create a duty for MOR PPM to continually monitor the floors of the administration building for spills or other foreign substances. Finally, Mr. Springer successfully argued that allegations of negligent maintenance, supervision, inspection and general mode of operation are irrelevant as such claims in transient foreign substance cases have been abolished. 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 October 11, 2018, Jacksonville Managing Partner Todd Springer, Esq. and Senior Associate Deana Dunham, Esq. obtained a defense verdict in a slip and fall matter styled O’Neal v. Shops at St. Johns. Plaintiff demanded $224,000 at trial. Plaintiff was walking next to her daughter back to her car when she suddenly fell, coming down on brick pavers. Plaintiff alleged that an uneven brick paver protruded above the rest, causing her to trip and fall. Read More
On May 11, 2018, Jacksonville Managing Partner Todd Springer, Esq., and Lynette Whitehurst, Esq., received a defense verdict in the premises liability matter styled Renan Pierre v. Tiger Lake Subdivision Property Owners Association. Plaintiff presented a combined loss of past and future earning capacity of over $450,000 and future life care needs of over $500,000. Plaintiff Pierre was dumping a load of shell rock when the dump truck he was operating overturned on the unpaved roadway owned by Tiger Lake. Plaintiff alleged that the road was unsafe and was not properly compacted. The jury found no negligence on the part of Tiger Lake. Read more
On October 31, 2017, Jacksonville Partners Todd Springer, Esq. and Christopher Ritchie, Esq. obtained a defense verdict in the trip and fall matter styled Darlene Finley v. Defendant Store. On the night of September 12, 2014, after backing her truck up to the delivery bay, Plaintiff was walking behind the store to enter through a rear door when Plaintiff tripped and fell over a speed bump. Read More
Todd Springer and Paul Jones obtained a defense verdict in a defamation case after a three-day Federal Court trial in Jacksonville in the matter styled Berman vs. Kafka. Plaintiff claimed damage to her reputation and punitive damages from the statements in the amount of $4.5 million. However, the jury found that the alleged libel per se statements were in fact substantially true and returned a verdict for the defendant. Read More
The Plaintiff sued CSX Transportation pursuant to the Federal Employers Liability Act (F.E.L.A.) for failing to provide a safe place to work. Paul Jones and Todd Springer obtained good results when the jury found Plaintiff 70% comparatively negligent for his injuries resulting in a total award of only $3,600 (i.e., $12,000 awarded). On September 4, 1999, the Plaintiff mounted a van at Baldwin Yard to be taken to the Yard office after finishing his shift as a brakeman. The Plaintiff alleged that before he was seated in the rear of the van and before he was able to put on his seatbelt, the driver of the van drove away at an excessive speed hitting a pothole in the dirt road causing him to strike his head against the roof of the van. Plaintiff testified that he immediately felt pain in his neck and reported the injury to his supervisor at CSX. Read More
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