Calandrucci v. Alessi
Congratulations Richard Mangan, Eric Ochotorena, and Meghan Whisenhunt for obtaining a defense verdict for Dr. Albert Alessi and Alessi Family Care on behalf of Mag Mutual. Mr. Calandrucci , who treated with Dr. Alessi from 2004 through 2009, was diagnosed with colon cancer in 2009 which ultimately led to his death. Plaintiff argued that Dr. Alessi deviated from standard of care and failed to order necessary testing, including colonoscopies, leading to a delay in diagnosis. Defense argued that a colonoscopy was recommended on at least 4 separate occasions and that Mr. Calandrucci simply elected not to have the test done. The jury deliberated for just 45 minutes before returning a defense verdict.
Verdict Date: December 04, 2012
Guillen v. Vang and Xiong
Congratulations Vance Dawson and Steve Burres for obtaining a dismissal with prejudice for Mai So Vang and Vang Xiong, on behalf of State Farm. The case arose out of an automobile accident in which the Defendant’s vehicle hit the Plaintiff’s vehicle. Plaintiff alleged he sustained multiple injuries, including to his right wrist and knee, and that the injuries caused him to seek early retirement. Both his wrist and knee were operated on years before the accident. Mr. Guillen was deposed twice and claimed that injuries from the accident caused him to be unable to carry objects with his right hand. Defense surveillance showed him moving into a residence after the accident, lifting and carrying heavy furniture and boxes up and down stairs, and utilizing his right hand with ease. Defense argued that Plaintiff misled the court with regard to the extent of his injuries. The court agreed and granted a Motion to Dismiss for Fraud with prejudice. Attorney's fees and costs, associated with the fraud, were awarded against Plaintiff.
Verdict Date: November 09, 2012
Lovett v. Shankar
Congratulations Bucky Hurt and Vance Dawson for obtaining a defense verdict for Dr. Ravi Shankar and Cancer Care Centers of Brevard, Inc. on behalf of The Doctors Company. Plaintiff received radiation therapy for significant skin cancer on her right forearm while under the care of Dr. Shankar. One year later she developed "late" onset ulceration of her arm, a known complication. Ms. Lovett elected debridement and curettage. The ulcer continued to grow and her tendons and cartilage were significantly damaged resulting in multiple procedures and $500,000 in medical expenses. Plaintiff argued that Dr. Shankar's cancer treatment regimen was "too much radiation over a too short period of time", while defense maintained that it was within the standard of care. The jury deliberated for 1 hour 55 minutes before returning a defense verdict.
Verdict Date: November 02, 2012
Trabulsy v. Publix Supermarkets, Inc.
Congratulations Art Young for obtaining summary judgment in Trabulsy v. Publix Supermarkets, Inc. Plaintiff alleged he was assaulted by a Publix employee after a verbal altercation over an abandoned shopping cart, and that Publix was vicariously liable for the assault. Mr. Trabulsy suffered multiple injuries including aggravation of several pre-existing conditions and incurred over $306,000 in medical expenses.
On October 31, 2012, the trial court found that at the time of the assault, the employee was not acting for his employer or in furtherance of Publix’s interests and summary judgment was granted.
Verdict Date: October 31, 2012
Johnson v. Le
Congratulations Dean Hewitt and Jeremy Palma for obtaining a directed verdict, on behalf of State Farm, in the Johnson v. Le pedestrian/ motor vehicle accident matter. Mrs. Johnson was crossing a roadway without using the crosswalk, in the dark, and sustained severe orthopedic injuries that resulted in surgery. Plaintiff testified that she did not see the defendant's vehicle prior to the accident and the defendant testified that she did not see Mrs. Johnson until she was directly in front of the vehicle. Trial lasted 3 days and a directed verdict was granted because there was no evidence of negligence on the part of the defendant. Defendant will be entitled to attorney's fees and taxable costs.
Verdict Date: October 03, 2012
Revelia v. Singh
Congratulations Richard Mangan and Ted Copeland for obtaining a defense verdict for Dr. Solomon Singh in the Revelia trial on behalf of The Doctors Company. In this wrongful death medical malpractice matter Dr. Singh, a gastroenterologist, was consulted. Dr. Singh ordered a transfer of the patient to ICU and Ativan. Just prior to Dr. Singh's evaluation of the patient, the nurse noted a significant drop in blood pressure, diaphoresis, and shortness of breath. Dr. Singh was not aware of these symptoms; the vitals relied upon by Dr. Singh on the graphics were 3.5 hours old and incorrect. Plaintiff contended that Dr. Singh's failure to have knowledge of this was negligence and that the Ativan caused the decedent's cardiopulmonary arrest. The jury deliberated for 1.5 hours before returning a defense verdict for Dr. Singh. The E.R. physician, the admitting physician and the hospital all settled before trial.
Verdict Date: September 20, 2012
Heredia v. OHI
Congratulations Vance Dawson and Juan Ruiz for obtaining a defense verdict in the Heredia case on behalf of Orlando Health. Plaintiff slipped and fell on an unknown substance while visiting her mother, a patient at Orlando Regional Medical Center, and claimed injuries to her cervical and lumbar spine that resulted in surgery. After the 4 day trial, a defense verdict was returned in just 36 minutes.
Verdict Date: September 14, 2012
Musco v. Canto and Watson Clinic
Congratulations Ted Copeland and Cliff Acord for obtaining a defense verdict for Dr. John Canto and the Watson Clinic in the Musco matter, on September 14, 2012. The patient fainted, hit his head on the floor, and was taken to the Emergency room. A CT of the head was performed and showed no bleeding of the brain. He was admitted and started on Lovenox as clot prophylaxis by the attending hospitalist. Mr. Musco developed a brain bleed and died 10 days later. Plaintiff argued that Dr. Canto should have stopped the Lovenox because the patient had sustained a head injury, while the defense argued that Lovenox does not cause a bleed; it can only exacerbate a bleed if it occurs. The jury was deadlocked after three hours and deliberated for another 3 1/2 before returning a defense verdict.
Verdict Date: September 14, 2012
Peterson v. Stork
Congratulations Dick Womble and Christine Zharova for obtaining a dismissal in the Peterson v. Stork wrongful death matter. Plaintiffs dismissed their claims with prejudice in exchange for a waiver of cost and fees against them.
Verdict Date: July 20, 2012
Sabino v. Publix
Congratulations Sean Crocker for obtaining summary judgment for Publix in Sabino v. Publix. In this slip and fall case, plaintiff alleged she had slipped on rain water but denied seeing water on the floor either before or after her fall, merely indicating that a scuff mark was present after her fall. Despite the presence of the scuff mark, the trial court found that Publix was entitled to summary judgment as the plaintiff could not identify the alleged transitory foreign substance on which she slipped.
Verdict Date: May 18, 2012
Torrence v. SIMS
Congratulations Bucky Hurt, Vance Dawson and Steve Burres for obtaining a defense verdict in the TORRENCE case for Dr. Aparna Hernandez, Physician Assistant Sarah Army and Southwest Internal Medicine Associates in behalf of Mag Mutual. This wrongful death trial involved Torrence's suicide, diagnosis of Major Depressive Disorder, and the prescription medication, Zoloft. Plaintiff asked for over $5 million during closing argument. The trial lasted 4 weeks and the jury was out 4 hours before returning the defense verdict.
Verdict Date: May 11, 2012
Strawn v. Shamsin
Congratulations Vance Dawson and Steven Burres for obtaining a very favorable verdict for Dr. Ahmed Shamsin, a State Farm insured, in the Strawn case. This was an auto accident case in which Plaintiff allegedly sustained a neck injury and incurred $89,000 in medical expenses. Plaintiff failed to disclose she had prior treatment for her neck. The jury found Dr. Shamsin negligent, but only awarded plaintiff $5,462 for the first 5 months of treatment after the accident. The jury concluded that continued treatment was not related to the accident and that Plaintiff had not sustained a permanent injury. Dr. Shamsin, on behalf of St. Farm, will seek attorney's fees and costs pursuant to the defendant's proposal for settlement of $60,000.
Verdict Date: February 24, 2012
Heise v. Sound on Sound
Congratulations Bob Jack and Jason Urbanowicz for obtaining a defense verdict on Jan. 26, 2012 in the Heise case for Sound on Sound in behalf of Hertz Claims. This lawsuit arose out of a slip and fall accident in which plantiff allegedly tripped over an extension cord, placed by Sound on Sound. The jury deliberated for thirty minutes, returning a defense verdict finding that there was no negligence on the part of Sound and Sound. Sound on Sound will seek attorney's fees and costs pursuant to its Proposal for Settlement.
Verdict Date: January 26, 2012