Recent Cases
Bush Leasing, Inc. v. Gallo, 634 So. 2d. 737 (Fla. 1st D.C.A. 1994)
92 FJVR 9-3
1992 WL 737545 (FJVR)
Waterman v. Georgia Pacific et al, 98 FJVR 3-1
1998 WL 20622 (FJVR)
Seaboard System Railroad v. Mells, 528 So. 2d 963 (Fla. 1st D.C.A. 1990)
University of Florida v. Massey, 602 So. 2d 516 (Fla. 1992)
570 So. 2d 963 (Fla. 1st D.C.A. 1990) 463 So. 2d 383 (Fla. 1st D.C.A. 1985)
Compton v. Abba Construction, Inc., 94 FJVR 9-39
1994 WL 5264(FJVR)
Merricks v. CSX Transportation, Inc., 93 FJVR 4-41
1993 WL 807010 (FJVR)
WORKERS' COMPENSATION: Our client suffered neck and thoracic (mid back) injuries in a crash. Following unsuccessful thoracic surgery, he developed a phrenic nerve injury which impeded his breathing. We established his entitlement to permanent total disability benefits, a health spa membership, ongoing massage therapy for pain management and others. Within one year of beginning representation, and only when we were confident he would be accepted as eligible for Social Security Disability, we were able to wash out the claim for $275,000.00 plus a statutory fee.
AUTO/BICYCLE ACCIDENT: Our client, who was riding on the sidewalk, was struck by a car who's driver was looking over his left shoulder making a right turn on a red light. Our client suffered a serious tibial plateau fracture, but obtained an excellent post surgical result. We were able to settle the case (without filing) wihtin one year of the date of the accident and less than 6 months after our client reached maximum recovery following her surgery. Settled for $200,000.00.
ERISA CLAIM: Our client was a struggling alcoholic who had failed to achieve sobriety while partcipating in an outpatient treatment program. As he spiraled downward, at the urging of his counselor, family and significant other, he decided to enter a thirty day inpatient program. He successfully completed the inpatient program and has remained sober for over two years. His ERISA plan refused to pay for the inpatient treatment arguing that our client first should have attempted an intensive outpatient program. Following extensive litigation and discovery, the ERISA plan agreed to pay the treatment bills, taxable costs, and compromised attorney fees.
DRAM SHOP ACTION: Our client's decedent, a young woman, was tragically killed in a highspeed, head on collision with a drunk driver who was on his way home from a VFW bar. Through extensive investigation and discovery we established that the VFW's bart#000;enders willfully served the drunk driver despite knowing that he was habitually addicted to alcohol (a showing required by Florida law). Following two successful appeals, the case was settled shortly before trial for a confidential amount which exceeded the available insurance limits by more than double. Appellate cites: Starita v. West Putnam Post Number 10164 VFW, 678 So 2d. 521 (Fla. 5th D.C.A. 1996); 666 So 2d. 278 (Fla. 5th D.C.A. 1996).
MEDICAL MALPRACTICE: Our client, a vigorous 67 year old man who was still working, developed an epideral abscess following a cervical discogram (a controversial procedure, particularly for elderly patients). The epideral abscess was not removed until after it caused permanent damage to our client's spinal cord rendering him a partial quadriplegic. Working with co-counsel, we established that his doctors and nurses did not appropriately monitor his condition or intervene in a timely manner. The case settled for a confidential amount shortly before trial.