AV Preeminent by Martindale-Hubbell
Congratulations to John McLain, Laura Lytle, Sean Crocker, Christopher Dennis, Larry Spencer, Kelley Richards, Blake Rehberg, Elizabeth Stuart, and Derek Bush for receiving the prestigious AV rating from Martindale Hubbell.
Almost 60% of the firms attorneys are now AV rated.
Rivera v. Concord Management
Congratulations Richard Mangan and Cliff Acord, with the assistance of paralegal, Moira Melvin, for obtaining a defense verdict for Concord Management and Brandon Crossing Partners, in behalf of RLI Insurance in a premises liability matter involving a traumatic brain injury to a two and a half year old child.
On June 20, 2006, plaintiff alleged the child fell six feet from a slide to the ground striking his head. He fractured his skull and developed a life threatening subdural hematoma requiring an emergency craniotomy. At the time of trial, the child was nine years old and was still being treated for residual brain deficits. The defense claimed the child and his caretaker were trespassers to the playground.
The trial was bifurcated and tried on the issue of liability only. The jury deliberated for 50 minutes before returning a defense verdict.
Woodson v. Go
Congratulations Dick Womble and Bowie Kuhn, with the assistance of Dana Hegerfeld, for obtaining a defense verdict for Dr. Darlene Go, Dr. Louis Scala and Florida Cardiology on behalf of The Doctors Company.
Plaintiff claimed that after a heart catheterization, performed by Dr. Scala, a nurse incorrectly placed a device used to seal the entry point in the femoral artery. Plaintiff later developed a large occlusion which was corrected with a femoral to femoral bypass, during which nerves were damaged and neuropathy, numbness, and pain developed. Plaintiff argued that had the doctors examined the device before discharge, the placement could have been corrected with a minor procedure.
Defendants demonstrated that Dr. Scala examined the wound and device in the catheterization lab and there was no need to see the patient unless the nurses observed an abnormality. Further, Defendants proved the occlusion was due to an inadvertent dissection of the artery during the procedure.
Plaintiff’s demand was $500,000. Defendants made no offer. The jury returned the defense verdict, after an 8 day trial, in just 1 hour, 40 minutes.
The 2013 Spring Forum
The Spring Forum on Workers’ Compensation is scheduled on Thursday, May 9, 2013 at the Orlando World Center Marriott. This all day event is one of the best educational opportunities for adjusters, employers, risk managers, safety people and others who have an abiding interest in workers’ compensation.
For further information, please see our Education Seminars section or email firstname.lastname@example.org.
The firm is pleased to announce that Laralee Garvin has accepted a position with our Workers’ Compensation department in Tampa. Ms. Garvin obtained her undergraduate degree from the University of Florida and is scheduled to graduate in May from Stetson College of Law.
IMPORTANT UPDATE- Westphal v. City of St. Petersburg
The First DCA recently held that the 104 week cap on TTD benefits is unconstitutional and revived the 1991 amendments which allow for up to 260 weeks of TTD benefits.
Please see Workers’ Compensation section of Case Law Updates to read complete summary of Westphal v. City of St. Petersburg as prepared by Jill Spears.
Lowder v. Rosen
Congratulations Vance Dawson and Jeremy Palma for obtaining a defense verdict, on behalf of St. Farm. in the Lowder v. Rosen matter. This rear motor vehicle accident case involved a 70,000 pound dump truck, driven by Plaintiff, and a road rage incident with a third party. The third party driver cut off Mr. Lowder and brought his vehicle to a complete stop in front of the truck. Mr. Lowder then stopped 10-12 feet behind vehicle and was rear-ended by defendant, Mr. Rosen. Mr. Rosen testified that he saw no tail lights prior to the accident, that he did not see the vehicle until it was directly in front of him, and that he unsuccessfully veered to the left in an effort to avoid the impact. Plaintiff claimed to have sustained a back injury and incurred $126,000 in medical expenses. The trial lasted five days and the jury deliberated 2 hours and 50 minutes before returning a defense verdict. Defendant will be entitled to attorney’s fees and taxable costs.
Shapiro v. Appelbaum, Knific & Radiology Regional CenterCongratulations Richard Mangan and Cliff Acord for obtaining defense verdict for Daniel Appelbaum, Randolph Knific and Radiology Regional Center in behalf of MAG Mutual. This medical negligence claim involved allegations of a 1 1/2 year delay in diagnosing breast cancer resulting in a mastectomy, chemotherapy, tumor growth, spread of the cancer, fear of recurrence and more likely than not death. Plaintiff contended that radiologist Dr. Daniel Appelbaum missed an asymmetric density on her mammogram, failed to advise her regarding density, and failed to recommend an ultrasound. Mrs. Shapiro also alleged that radiologist Dr. Randy Knific missed the same density when he reviewed the film, failed to recognize interval changes, failed to recommend ultrasound, and failed to provide the results in a lay language letter. Plaintiff sought economic damages of $1.5 million. Defense argued that the mammogram was read correctly as showing no features suspicious for malignancy and while there were areas of increased density present , none of them rose to the level of “abnormal” findings requiring an ultrasound. The jury deliberated for 3 hours initially returning deadlocked. An Allen charge was given and 2 hours later, the jury returned a defense verdict.
Florida Super Lawyers 2013
Congratulations Bucky Hurt, Dick Womble, Skip Jewett, Richard Mangan, Steve Rissman and Bob Barrett for being named among Florida’s Super Lawyers. Only 5% of all attorneys in the state of Florida are named to the Super Lawyers list each year.
Florida Super Lawyers- Rising Star
Congratulations Eric Ochotorena for being named as one of the 2013 Florida Super Lawyers Rising Stars in civil litigation defense.
Rissman, Barrett, Hurt, Donahue & McLain, P.A.
Rissman, Barrett, Hurt, Donahue & McLain, P.A. is an AV-rated law firm by Martindale-Hubbell(R) Law Directory offering top quality legal services to its clients throughout Florida. The firm provides legal services in all areas of insurance defense litigation from Workers’ Compensation, Medical Malpractice, Automobile Negligence, Premises Liability and Construction Litigation.
The firm was founded in 1972 and has grown from a small firm to one of the larger Insurance Defense firms in the state of Florida. The firm’s attorneys bring diverse educational and professional backgrounds and experiences to aggressively meet the continuing challenges presented by its clients.
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