RECENT TRIALS
RETAIL LIABILITY: MIAMI-DADE COUNTY, FLORIDA - MAY 2017
This was a premises liability case wherein the Plaintiff claimed personal injuries as a result of a slip and fall in our client’s office building. The Plaintiff alleged injury to his back, elbow, and hip, with the hip being the major injury. The Plaintiff presented evidence of past and future medical bills. He presented testimony to the jury that a total hip replacement was necessary. The Plaintiff claimed past and future economic and non-economic damages. At the conclusion of the case, we filed a Motion for Directed Verdict based on Florida’s transitory foreign substance statute. After hearing the arguments of counsel, and conducting a thorough examination of the evidence and case law, the Court granted the Defendant’s Motion for Directed Verdict and took the verdict away from the Plaintiff. The case was tried before the Honorable Rodolfo Ruiz in Miami-Dade County, Florida in May, 2017. The Defendant’s post trial Motion for Fees and Costs was granted pursuant to their Proposal for Settlement and the prevailing party costs statute. An Appeal was filed.
RESIDENTIAL LIABILITY: MONROE COUNTY, FLORIDA - FEBRUARY 2016
This was a premises liability case wherein the Plaintiff claimed personal injuries as a result of falling from scaffolding on the Defendant’s premises. The Plaintiff alleged that he sustained several herniated discs in his back as a result of the fall. The Plaintiff presented testimony as to past medical expenses, future back surgery and future medical expenses. He also claimed past and future non-economic damages. The jury returned a verdict for the defense of no liability. The case was tried before the Honorable Luis Garcia in Monroe County, Florida in February 2016. The Defendant’s post trial Motion for Fees and Costs was granted pursuant to their Proposal for Settlement and the prevailing party costs statute. Judgment was entered against the Plaintiff for over $50,000.
COMMERCIAL VEHICLE LIABILITY: BROWARD COUNTY, FLORIDA - AUGUST 2016
This was an automobile negligence case wherein the Plaintiff claimed personal injuries as a result of a motor vehicle accident. The Plaintiff was traveling through a toll booth when he was struck from the rear by the Defendant’s commercial vehicle. The Plaintiff allegedly sustained a torn rotator cuff as a result of the crash. The Plaintiff had surgery to repair the rotator cuff. The Plaintiff sought past medical expenses. He also claimed past and future non-economic damages. The jury returned a verdict splitting liability between the Plaintiff (49%) and the Defendant (51%). More importantly, the jury agreed with the Defendant that the motor vehicle accident did not cause the alleged rotator cuff tear. As a result, the jury did not find the Plaintiff suffered a permanent injury as a result of the crash. Accordingly, there was no pain and suffering awarded. After set offs, a verdict of $1,500 was entered for the Plaintiff. The case was tried before the Honorable William Haury in Broward County, Florida in August 2016.
GARAGE LIABILITY: PALM BEACH COUNTY, FLORIDA - AUGUST 2015
This was a premises liability case wherein the Plaintiff claimed personal injuries as a result of a slip and fall in the repair bay of our client’s auto repair garage. The Plaintiff sustained a hip fracture and a severe wrist fracture with deformity as a result of the fall. The Plaintiff presented testimony of past and future medical expenses. In addition, the Plaintiff claimed past and future non-economic damages. The jury returned a verdict for the defense of no liability. The case was tried before the Honorable Jamie Goodman in Palm Beach County, Florida in August 2015. The Defendant waived its claims for attorney fees and costs pursuant to Proposal for Settlement and prevailing party costs statute in exchange for the Plaintiff’s dismissal of the appeal.
DOG BITE: MIAMI-DADE COUNTY, FLORIDA - OCTOBER 2015
This was a premises liability case wherein the minor Plaintiff alleged severe personal injuries as the result of a dog bite. The Defendant was a home owners association. The Plaintiff presented testimony of past and future medical expenses. The Plaintiff also claimed past and future non-economic damages. After jury selection, the Plaintiff settled the claim for the pretrial offer exchange for Defendant’s waiver of attorney fees and costs. The case was tried before the Honorable Gill S. Freeman in Miami-Dade County, Florida in October, 2015.
RESIDENTIAL LIABILITY: MIAMI-DADE COUNTY, FLORIDA - DECEMEBER 2015
This was a premises liability case wherein the Plaintiff claimed personal injuries as a result of a slip and fall in the laundry room of our client’s condominium. The Defendant was a condominium association. The Plaintiff sustained a shattered knee as a result of the fall requiring reconstructive surgery. The Plaintiff presented testimony of past and future medical expenses. In addition, she claimed past and future non-economic damages. The jury returned a verdict splitting liability between the Plaintiff (35%) and the Defendant (65%). The net verdict was below the pre-trial offer to the Plaintiff. The case was tried before the Honorable Robert Luck in Miami-Dade County, Florida in December, 2015.
RETAIL LIABILITY: PALM BEACH COUNTY, FLORIDA - JANUARY 2014
This was a premises liability case wherein the Plaintiff claimed personal injuries as a result of a slip and fall at our client's supermarket. The Plaintiff alleged significant herniated disc injuries to his neck and back, including a two level, C5/6 and C6/7 anterior cervical diskectomy operation and arthrodesis (implant) at C6/7. The Plaintiff presented evidence of past and future medical bills. The Plaintiff also claimed past and future non-economic damages. The jury returned a verdict of no liability. The case was tried before the Honorable Lucy Chernow Brown in Palm Beach County, Florida in January, 2014. The Defendant's post trial Motion for Costs was granted pursuant to the prevailing party costs statute.
PROPERTY DAMAGE: MIAMI-DADE COUNTY, FLORIDA - JUNE 2013
This was a property damage case as a result of a flood at the Defendant’s property. The Defendant was a condominium association that suffered a multi story flood. The Plaintiff alleged significant damages to his unit. The jury returned a verdict in the amount of $5,900, which was accordance with the Defendant’s arguments and evidence at trial. The case was tried before the Honorable Beth Bloom in Miami-Dade County, Florida in June, 2013.
RETAIL LIABILITY: BROWARD COUNTY, FLORIDA - APRIL 2012
This was a premises liability case wherein the Plaintiff personal injuries as a result of a slip and fall in our client’s Family Fun Center. The Plaintiff slipped and fell while in the Defendant’s premises with her grandchildren. She suffered a compression fracture in her back as a result of the fall. The Plaintiff presented testimony in past and future medical expenses. In addition, she claimed past and future non-economic damages. Her husband claimed loss of consortium. The jury returned a verdict for the defense of no liability. The case was tried before the Honorable Robert Rosenberg in Broward County, Florida in April, 2012. The Defendant waived its claims for attorney fees and costs pursuant to its Proposal for Settlement and prevailing party costs statute in exchange for Plaintiff’s agreement not to pursue an appeal.
UNINSURED MOTORIST: BROWARD COUNTY, FLORIDA - JUNE 2012
This was an under insured motorist claim resulting from a motor vehicle accident. The Plaintiff was struck by an under insured motorist while riding his bicycle. He claimed back and shoulder injuries. The Plaintiff presented evidence of past and future medical expenses. The pre-trial demand was for the policy limits. After jury selection, the Plaintiff settled the claim for the pretrial offer. The case was tried before the Honorable Jack Tuter in Broward County, Florida in June, 2012.