Johnson v. Walbridge Aldinger
Congratulations to Greg Giannuzzi and Paul Fulmer for obtaining a defense verdict in the Johnson case for Walbridge Aldinger on behalf of Travelers. Plaintiff filed action against Walbridge Aldinger, three of its employees and a subcontractor. The plaintiff alleged that during construction of a school, Walbridge Aldinger and the subcontractor illegally parked equipment at the end of a dead end road, which obstructed a large barricade with reflectors. The decedent crashed his vehicle into the equipment, causing his death. Defense argued that the decedent was impaired and that the equipment was clearly visible. The case was bifurcated, with the jury only deciding liability. After deliberating for 1 hour, 40 minutes, the jury returned a verdict for the defendants, finding no negligence.
Verdict Date: December 15, 2011
Mendez v. Galaxie Corp. v. Nanotec Metals
Congratulations Paul Fulmer for obtaining summary judgment in the Mendez v. Galaxie Corp. v. Nanotec Metals product negligence case. Plaintiff brought suit against Galaxie and Galaxie brought Nanotec in as a third party under theories of breach of contract (Indemnity), common law Indemnity, contribution and negligence. This case was heavily litigated, with depositions around the country. Attorney Fulmer filed an extensive motion for summary judgment in behalf of Nanotec vigorously attacking each of Galaxie's claims. Ultimately the federal court judge granted Nanotec's motion on all counts. Nanotec will be pursuing its fees and costs.
Verdict Date: November 03, 2011
Virgilio v. Richard Whisnant, M.D.
Congratulations to Richard Mangan, Cliff Acord and Bryan Snyder for obtaining a defense verdict for Dr. Whisnant and Suncoast Pathology on behalf of The Doctors Company. Plaintiff alleged that the Defendants negligently contaminated biopsy specimen with adenocarcinoma which resulted in plaintiff undergoing an unnecessary subtotal gastrectomy. DNA testing suggested the cancer was from another patient. The jury determined there was no negligence by the defendants presumably finding that plaintiff did in fact have cancer.
Verdict Date: October 26, 2011
Eaton v. Goldsmith
Congratulations Vance Dawson and Susan Fuller for obtaining a favorable verdict for John Goldsmith, a State Farm insured, in the Eaton case on October 19, 2011 in Kissimmee. This was a rear- end auto accident case in which the plaintiff claimed a low back injury. The jury awarded past medicals only which after reduction for setoffs netted a zero verdict for the plaintiff. The defense expects to collect attorneys' fees and costs based upon its proposal for settlement.
Verdict Date: October 19, 2011
MacDonald v. Kaufman
Congratulations to Bucky Hurt and Skip Jewett for obtaining a defense verdict on October 13, 2011 in MacDonald v. Kaufman, on behalf of The Doctors Company. This five week trial involved an infant medical malpractice case in litigation for over ten years. Plaintiffs claimed that Dr. Kaufman failed to obtain informed consent and was negligent in the use of a vacuum during birth and delivery. The jury deliberated five hours and forty minutes before finding for Dr. Kaufman and WHA on both claims.
Verdict Date: October 13, 2011
Hayward v. State Farm
Congratulations to Vance Dawson and Laura Lytle for obtaining an excellent result on October 5, 2011 during the trial of Hayward v. State Farm, a property damage breach of contract case. During cross examination, the plaintiff allegedly perjured herself and later agreed to dismiss her case with prejudice.
Verdict Date: October 05, 2011
Howard v. Universal Property and Casualty Insurance Company
Congratulations Jason Urbanowicz for obtaining Final Summary Judgment on behalf of Universal Property and Casualty Insurance Company in this Breach of Contract case. Plaintiff filed suit when the Defendant denied a home owners insurance claim based on misrepresentation. Summary Judgment was initially granted, on behalf of the Defendant, on February 1, 2010. Upon Appeal, the 5th DCA issued a per curiam affirmance upholding Summary Judgment.
Verdict Date: October 04, 2011
Bradacova v. Porter
Congratulations Vance Dawson and Jeremy Palma for obtaining a dismissal without prejudice in the Bradacova v. Porter automobile accident case. Plaintiff’s attorney withdrew prior to trial and Plaintiff failed to appear. Attorney fees and costs were awarded to the Defendant.
Verdict Date: October 03, 2011
Falcon v. McCallister
Congratulations to Vance Dawson and Jeremy Palma for their September 27th, 2011 directed verdict in the personal injury automobile accident case, Falcon v. McCallister, on behalf of State Farm. Defendants will be seeking attorney's fees and taxable costs based upon a proposal for settlement.
Verdict Date: September 27, 2011
Young v. State Farm
Congratulations to Vance Dawson and Jeremy Palma for obtaining a defense verdict in Young v. State Farm on Friday, September 23, 2011. Plaintiff asked for over $2,000,000 in this wrongful death automobile accident case. The jury deliberated for 6 hours and 55 minutes before returning the defense verdict.
Verdict Date: September 23, 2011
Torres v. Westgate Vacation Villas
Congratulations Art Young for obtaining Summary Judgment on behalf of Westgate Vacation Villas in this Premises Liability case. Mrs. Torres rented a survey bike from the Defendant that allegedly flipped causing temporal bone fracture and epidural and subdural hematomas. The trial court agreed that releases signed by Mr. and Mrs. Torres prior to renting the bikes from Westgate were enforceable and Summary Judgment was granted. Westgate agreed not to pursue fees and costs in exchange for Plaintiffs agreement not to appeal this matter.
Verdict Date: September 20, 2011
Stobart v. Dr. Kenneth Sampong
Congratulations to Dick Womble and Christine Zharova for obtaining a defense verdict for Dr. Kenneth Sampong on behalf of The Doctors Company in the Stobart v. Sampong wrongful death matter. The jury returned a defense verdict after 3 hours and 13 minutes of deliberation.
Verdict Date: September 02, 2011
Bagley v. Bhullar
Congratulations Bucky Hurt, Skip Jewett, and Juan Ruiz for results in Bagley v. Bhullar. Plaintiff suffered a significant neurological injury allegedly as a result of deviation from standard care by Dr. Bhullar. After four weeks of trial, the jury deliberated for 5 days announcing it was hopelessly deadlocked. The trial court interviewed the jurors privately and announced that they were split 3-3. A mistrial was declared on July 21, 2011 and the case was subsequently settled on November 7, 2011
Verdict Date: July 21, 2011
Slayton v. Universal Property
Congratulations to Bob Jack and Jason Urbanowicz for obtaining a directed verdict for Universal Property.
Verdict Date: July 07, 2011
Philemond v. State Farm
Congratulations Paul Tipton for obtaining Final Summary Judgment, in favor of the Defendant, in the Philemond v. State Farm property damages matter. Judge found that Plaintiff failed to meet all conditions precedent to coverage under home owners policy by failing to submit a sworn proof of loss.
Verdict Date: June 12, 2011
Hall v. American Concrete
Please join me in congratulating Greg Giannuzzi and Paul Fulmer for their defense verdict for All American Concrete on behalf of Travelers Insurance Company. The plaintiff was rear-ended by a 60,000 pound dump truck and, although the impact was minor, had a neck surgery, 2 separate lumbar surgeries and TMJ surgery. Plaintiff had numerous inconsistencies in her evidence on both liability and damages. Following a 6 day trial, the jury deliberated for 2 hours and returned a defense verdict.
Verdict Date: May 23, 2011
Mondell v. East Lake Hospital
Congratulations to Dick Womble and Christine Zharova for obtaining a defense verdict for Dr. Santiago Calderon on behalf of The Doctors Company in the Mondell v. East Lake Hospital medical malpractice wrongful death case . This 2 week trial followed Johnson v. Orlando Regional Medical Center, in which a defense verdict was also returned, and represented the sixth straight week of trial for Mr. Womble and Ms. Zharova.
Verdict Date: May 13, 2011
Suliman v. County of Seminole
Congratulations to David R. Kuhn for obtaining a defense verdict after a four day trial in the Suliman v. Seminole County case. The jury was out for 72 minutes.
Verdict Date: April 28, 2011
Johnson v. OHI
Congratulations to Bucky Hurt and Richard Womble for their recent defense verdict on behalf of Orlando Regional Medical Center and Dr. Howard Smith following a 4 week trial. The plaintiff claimed she had no sensory function in her hands and feet, and also suffered constant severe pain as a result of her polyneuropathy she developed as a result of an adverse drug (Bactrim) reaction. The allegations were that Dr. Smith, 8 nurses, 5 dieticians and 1 pharmacist were negligent in causing her neuropathy during her 8 week hospitalization. Plaintiff asked the jury to award more than $5 million in damages. The jury returned its defense verdict after 2 hours of deliberation.
Verdict Date: April 28, 2011
Olivera v. South Lake Hospital
Congratulations to Vance Dawson and Sarah Egan for obtaining a defense verdict in the Olivera v. South Lake Hospital case. This was a premises liability case wherein Plaintiff tripped while visiting a patient in the hospital in July 2003. Plaintiff alleged that she slipped and fell while in the hospital's cafeteria; however, she did not know on what she slipped and did not see anything on the floor prior to her alleged slip. The jury returned a defense verdict in under an hour.
Verdict Date: April 20, 2011
Cates v. Mowrey Elevator Company of Florida
Verdict Date: April 04, 2011
Jackson Estate v. Publix Supermarkets, Inc.
Congratulations John Daly for obtaining Summary Judgment in Jackson v. Publix Supermarkets, Inc. and Edward J. Ramos. Defense asserted that Workers’ Compensation immunity applied in this wrongful death case, as that the decedent’s accident arose out of the course and scope of his employment. Plaintiff alleged that the employer’s actions constituted intentional tort and issued demand in excess of $2 million. Summary Judgment, on behalf of both Defendants, was granted on March 30, 2011.
Verdict Date: March 30, 2011
Hare v. David H. Turkel, M.D.
Verdict Date: March 24, 2011
Worley v. Publix Supermarkets, Inc.
Verdict Date: February 28, 2011
Watson v. Lake County
Verdict Date: February 23, 2011
Barker v. Publix Supermarkets, Inc.
Congratulations Art Young and Meredith Stephens. On July 11, 2011, Defendant’s Motion to Dismiss Plaintiff’s Pleadings for Fraud was argued before Judge Stan Strickland. Judge Strickland reserved ruling. On February 4, 2011, Judge Strickland entered an order granting the Motion to Dismiss.
Verdict Date: February 04, 2011
Nix v. Secor
Congratulations to Vance Dawson for obtaining a defense verdict for Donald Secor, a State Farm insured. The trial took place in Lake County and lasted 2 days. The jury was out only 35 minutes. State Farm will be able to obtain attorney's fees and costs.
Verdict Date: January 11, 2011