Gabai v. Westgate Vacation Villas
Congratulations to Art Young and his team for receiving a defense verdict on behalf of Westgate. The case involved an accident on a set of stairs at Westgate Vacation Villas allegedly as a result of construction defects and inadequate lighting.
The plaintiff had reconstructive surgery on her ankle and later developed RSD and CRPS. After a series of nerve blocks, a spinal cord stimulator was implanted. The stimulator generator would need to be replaced multiple times over her life span. The plaintiff demanded $920,000.
The case was hotly contested on both liability and damages. Plaintiff presented expert testimony at trial including the treating orthopedic surgeon, pain management specialist, Physiatrist, an economist, and an architect. Westgate called architect Allen Lougheed and Human Factors Engineering expert Mark Edwards as well as a podiatric surgeon and physiatrist. Defense also presented testimony of two treating orthopedic surgeons and a treating podiatrist.
The jury returned a defense verdict after 1 hour, 10 minutes of deliberation.
Verdict Date: October 31, 2014
Hummer Limo Inc. v. Tampa Bay Arena, L.P.
Congratulations Bryan Snyder for obtaining a defense verdict in this breach of contract case for Tampa Bay Arena, L.P.
The plaintiff alleged that it entered into an oral contract with the defendant to exchange limousine services for premium tickets to events at the Tampa Bay Times Forum. Plaintiff claimed that it was solicited by two former employees of the defendant that were acting on behalf of the defendant in offering the deal. Plaintiff sought damages for the value of the limousine rides provided in excess of the number of events for which tickets were provided.
Both of the defendant’s former employees testified that there was never an agreement to exchange services for premium tickets, that every limousine ride was personal in nature, and that the tickets they provided were their own personal tickets that they purchased.
After a three day jury trial and deliberating for 2 hours and 45 minutes, the jury returned a defense verdict.
Verdict Date: September 17, 2014
Morales v. Boggycreek Food Corp.
Congratulations Art Young and Meredith Stephens in obtaining a favorable jury verdict in Morales v. Boggycreek Food Corp. on behalf of Admiral. The case involved a fall at the Bravo Supermarket. Plaintiff alleged Boggycreek failed to properly maintain its store and freezer leading to a leak which allegedly caused the Plaintiff to fall subsequently receiving a total knee replacement.
At trial, Plaintiff presented testimony of two orthopedic surgeons. Dr. Daouk testified that the knee replacement appeared to be related to the accident. Dr. Maluso testified that Ms. Morales did not need at total knee replacement prior to the accident. Dr. Jeffrey Rosen testified on behalf of Boggycreek opining that the surgery was related to her preexisting osteoarthritis and that she should have had only a temporary exacerbation.
After a 5 day trial, the jury returned a verdict finding the Plaintiff to be 70% negligent. The net verdict was $2,658.
Verdict Date: September 12, 2014
Dunn v. Abdel-Magid
Verdict Date: August 29, 2014
Conley v. Wendy’s International, Inc.
Congratulations Bryan Snyder and John Daly for obtaining a dismissal with prejudice on behalf of Wendy’s in Conley vs. Wendy’s International, Inc. Pursuant to several motions filed by the defense, the trial court dismissed Plaintiff’s case at the start of trial.
Plaintiff alleged she had consumed food at a Wendy’s restaurant and had become violently ill 2 - 3 hours later. She was hospitalized due to renal failure and cultures confirmed salmonella. Both Plaintiff’s primary care physician and a retained expert concluded that the infection was attributable to the food Plaintiff had ingested at Wendy’s. The defense retained an expert microbiologist to opine that the normal incubation period for salmonella is 12 - 72 hours and therefore it was impossible for Plaintiff’s salmonella infection to have come from the Wendy’s food. Plaintiff testified that she had consumed Balance Bars during the six days prior to eating at Wendy’s. During that time, Balance Bars had been recalled due to an outbreak of salmonella related illnesses.
Verdict Date: August 18, 2014
Benjamin v. Boucher
Verdict Date: June 06, 2014
Corley v. Mostafavi
Congratulations Dick Womble and Amy Baker for obtaining summary judgment in behalf of Dr. Mahmoud Mostafavi, a Doctors Company insured.
Dr. Mostafavi had been sued for alleged medical malpractice by the Estate of Tiphani Corley. Ms. Corley became infected with the H1N1 virus and began experiencing flu-like symptoms. She presented to the emergency room twice and her primary care physician once. She returned to the emergency room 5 days later and was admitted at that time. Dr. Mostafavi saw Ms. Corley on July 5, 2009 while she was in the hospital with upper respiratory symptoms and an intractable headache. Her condition deteriorated significantly several days after Dr. Mostafavi's involvement in her care had ended. She was diagnosed with H1N1 and went into organ failure. On August 15, 2009, she became the first person in Brevard County to die of complications of the virus.
Plaintiff alleged Dr. Mostafavi should have ordered Tamiflu for his patient. Throughout expert discovery, Plaintiff's experts were forced to concede they could only say Tamiflu would have increased the chance of survival, not that Tamiflu would have “likely” resulted in survival.
Verdict Date: April 29, 2014
Jones v. Jennings
Congratulations Vance Dawson and Aaron Eagan for obtaining a defense verdict, on behalf of State Farm in the Jones v. Jennings matter.
Plaintiff alleged that she sustained a traumatic disc herniation and aggravation of lumbar pain as a result of an accident that occurred at an intersection when two vehicles lightly impacted from the side. Plaintiff underwent cervical fusion surgery at C6-7 in 2011 and follow-up surgery in 2013. Ms. Jones alleged that the herniation and surgeries left her with chronic pain and reduced range of motion. Plaintiff claimed that Ms. Jones was vulnerable due to her extensive history dating back to 2003 which included degenerative disc disease and six prior spinal surgeries.
At trial, Ms. Jones’ credibility was impeached when she disputed medical records, including a record showing surgery at C6-7 had been contemplated in 2009. It was also discovered that plaintiff’s pain specialist had failed to produce records prior to the accident. Defense argued that a protrusion at C6-7 was visible on a 2008 cervical MRI and that Ms. Jones’ post-accident treatment was prompted by her subjective complaints of pain. The defense also established that Ms. Jones’ radiologist had failed to compare her post-accident MRI with a 2008 MRI.
The case was tried for 5 days and the jury deliberated for approximately 1 hour, 15 minutes before returning a complete defense verdict.
Verdict Date: April 04, 2014
Jones v. Jennings
Verdict Date: April 04, 2014
Campbell v. Emergency Physicians of Central Florida
Congratulations Skip Jewett and Jeremy Palma for obtaining a defense verdict for Emergency Physicians of Central Florida, Dr. Eric Carter and Scott Purrone, PA-C on behalf of Mag Mutual in the Campbell medical malpractice case.
Plaintiff complained of low back pain after lifting heavy objects. Mr. Purrone, the physician assistant, examined Mr. Campbell and ordered an x-ray of the lumbar spine revealing degenerative changes. He was also seen by the attending physician, Dr. Carter, and was diagnosed with acute low back pain and discharged. Mr. Campbell returned complaining of pain in his shoulders and back. He had pus coming out of his eyes and rashes on his arms and legs. An MRI of the lumbar spine revealed discitis. Mr. Campbell underwent discectomy and was temporarily paralyzed. He made a remarkable recovery and was able to walk again, although he sustained a permanent injury to his arm.
Plaintiff claimed that Dr. Carter and Mr. Purrone should have referred him to a specialist or ordered an MRI to be completed within 48 to 72 hours of his initial discharge.
The trial lasted five days and after just over hour the jury returned a defense verdict finding no negligence.
Verdict Date: February 14, 2014