The Law Offices of
David L. Ross P.A.
March 2003
Broward County Jury Trials
"JOHN DOE" v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT
(Broward County Case, Judge Ilona Holmes presided - hearing March 6, 2003)
Defendant's Attorneys: DAVID L. ROSS
DEFAMATION and FALSE ARREST: Plaintiff, "John Doe", claimed he was defamed and then falsely arrested due to the negligence of Florida Department of Law Enforcement (F.D.L.E.) employees. Plaintiff's name was mistakenly put on the F.D.L.E. web site as a registered sex offender, later removed and was again accidentally posted again on the employer's web site. Plaintiff was subsequently arrested by police officers for failing to register his address as required by Florida statutes.
Defendant's filed a Motion to Dismiss based on Florida Statute 944.607 which provides that state agencies are immune from civil liability for good faith compliance and the court dismissed Plaintiff's action.
March 2008
Orange County Jury Trials
Kalpavrukshamu Corp. d/b/a Park Hamilton Apartments vs. Arleen Johannes and Kevin James
Orange County Circuit Court Case No.: 06-CC-2197
Defendant's Attorney: DAVID L. ROSS
Facts:On or about February 14, 2006, the insured filed an action for eviction of the Defendants/Counter-Plaintiffs based on their failure to pay rent, pursuant to a residential lease. After the Complaint for eviction was filed, the tenants filed a four (4) count Counterclaim claiming negligence, breach of contract, violation of Florida's Fair Debt Collection Practices Act, and defamation. The negligence count was relating to an incident where the oven door fell on the tenant's daughter's hand, as well as possible claimed injuries related to the alleged mold within the premises. The breach of contract claim appeared to relate to the insured's alleged failure to repair the subject premises. The defamation count appears to be related to a sign that was posted on the premises, stating that the tenants had not paid rent and that an eviction was possible.
Damages: Plaintiff's damages were considered by defense counsel to be quite speculative, as there was only limited information given concerning soft tissue injuries suffered, as well as a complete lack of evidence to sustain both the Defamation as well as Violation of Fair Debt Collection claims, which were essentially rendered moot through Defendant's Affirmative Defenses. Following paper discovery taking place between all parties, Defendant filed a Proposal for Settlement in the amount of $6,000.00 as full and final settlement for all claims, and Defendant also promptly chose to notice the case for trial on an expedited basis to force the Plaintiff's hand. Plaintiff's counsel then accepted the proposal for settlement on the day prior to its' expiration, as full and final settlement of all claims, inclusive of attorney's fees and costs, representing savings of over $60,000.00 of the Plaintiff's initial demand.
Demand: Initially, Plaintiffs and attorney wanted some $50,000.00 for rental reimbursement and general damages, and nearly $18,000.00 in attorneys' fees. Defense counsel, noting the limited nature of the claimed injuries and recognizing the claim was essentially a "fee-driven" claim, filed a Proposal for Settlement in the amount of $6,000.00 as full and final settlement for all claims, following paper discovery taking place between all parties. Defendant also promptly chose to notice the case for trial on an expedited basis to force the Plaintiff's hand after refusal to produce the Plaintiff's for deposition.
Disposition: Settled March 2007 for $6,000.00, inclusive of attorney's fees and costs, (which were statutory under the eviction and Fair Debt Collection Statutes) following Plaintiff's acceptance of Defendant's Proposal for Settlement, inclusive of attorney's fees and costs, representing savings of over $60,000.00 off the Plaintiff's initial demand.
Libel/Slander/Defamation Results
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