The Law Offices of
David L. Ross P.A.
ANNETTE BERRY v. WASTE MANAGEMENT
(Broward County Case No.: 01-021598-CA-03, Judge Patti Henning presided - Trial set for October 28, 2002)
Defendant's Attorneys: DAVID L. ROSS
CLOSED HEAD INJURY/ALLEGED BRAIN DAMAGE: Plaintiff, Annette Berry, was driving to work at Pembroke Hospital when a Waste Management truck backed out of an alley. The Plaintiff crashed into the side of the truck and struck her head on the windshield. Plaintiff sustained a severe laceration to her head requiring 15 stitches and hospitalization.
Plaintiff's treating neuro-psychologist, Dr. Elana Mendelssohn, testified the Plaintiff had objective signs of cognitive deficits, emotional difficulties and diagnosed her with Posttraumatic Stress Disorder. Plaintiff's total medicals approximately $30,000. Plaintiff not able to work fulltime as a result of cognitive defects and claimed substantial lost wages totaling over $100,000 lifetime.
Plaintiff filed Proposal for Settlement for $250,000. Defendant filed Proposal for Settlement for $50,000.
Settled before Trial - $75,000
June 2003 Dade County Jury Trials
BRIGITTE DAY v. SYSCO FOOD SERVICES OF SOUTH FLORIDA, INC.
(Dade County Case No.: 03-2878 SP05 (08), Judge A. Leo Adderly presided)
TRACTOR-TRAILER ACCIDENT: Plaintiff claimed damages as a result of a collision with a Sysco tractor-trailer. The Plaintiff's vehicle was towed from the scene and she claimed over $8,000 in damages. At trial, the Court determined that the Plaintiff did not prove her case by a preponderance of the evidence and entered a judgment for the Defense.
Verdict for Defendant; No Liability or Damages attributable to Defendant Sysco Food Services
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CORLIS RAMSAY v. UNIVERSAL IMPORT PARTS and JOSE SANCHEZ
(Dade County Case No.: 99-18197 CA 02; Judge Ronald Friedman presided)
Trial: June 23 - 26, 2003
TRUCK ACCIDENT: Facts: TRUCK ACCIDENT: Defendant Sanchez ran a red light and broadsided the driver's side of the Plaintiff Ramsay's vehicle, totaling the car. Plaintiff was taken by ambulance to Broward General Hospital.
Damages: The Plaintiff had medical bills of approximately $40,000, and attempted to relate cervical disc herniations, pelvic fractures, and additional gastrointestinal and urological problems to the subject accident.
Demand: Claim was mediated three times, all resulting with impasse. Defendant had previously offered $10,000.00 on the eve of trial as full and final settlement of all claims. Plaintiff demanded $165,000.00 at trial, having her expert testify all injuries sustained were resulting from the subject accident, and that the Plaintiff had sustained a 12 - 15% permanent impairment with probable future gastrointestinal surgery.
Defense Counsel argued to the jury that Plaintiff's claimed injuries all pre-existed the subject accident with supporting testimony from Defense Experts Dr. Allan Herskowitz, Neurologist, Dr. Paul Koeningsburg, Radiologist, and Dr. James Leavitt, Gastrointestinal Expert.
Disposition: After a four day jury trial and four hour deliberation, the Jury found no permanent injury as a result of the subject incident, and awarded the Plaintiff $9,881.22 in past medical expenses (with a $10,000 PIP set off, this resulted in a ZERO verdict).
Verdict for Defendant.
March 2004 Broward County Jury Trials
SANDRA HAAG v. VINCENT PERSHAY BURGESS AND LIBERTY MUTUAL INSURANCE COMPANY
(Broward County Case No: 02-0131432-02)
Attorney for Defendant Burgess: DAVID L. ROSS
This claim arose out of a rear-end type automobile accident which occurred in July 15, 1998. The Plaintiff was traveling westbound on West Broward Boulevard, and was apparently stopped for traffic when she was struck from behind by the insured vehicle.
As a result of the subject incident, the Plaintiff suffered injuries to her collarbone, left hip, and low back, as a result of hitting the steering wheel and also due to the force of the lap belt. The Plaintiff sustained medical expenses totaling approximately $25,000.00. In addition, she alleges to have incurred approximately $100,000 in lost income.
Defendant's IME Orthopedic Surgeon, Dr. Petti, opined there was degenerative narrowing at L2-3 and there was degenerative narrowing at C5-6 and C6-7. Dr. Petti noted that this was multiple level degenerative disc disease and arthritis involving the cervical and lumbar spine. Dr. Petti's overall impression was that the Plaintiff was status post subluxation of the right sternoclavicular joint, according to her history. If related to this motor vehicle incident, this would produce a 2% anatomical impairment of the body as a whole.
At Mediation, Attorneys for Burgess argued Plaintiff's injuries were all pre-existing injuries and not as a result of the subject incident.
Arbitration (03/01/04): Attorneys argued pre-existing injuries and noted cross-claim to be filed the next day unless all parties agreed to dismiss the claim;
Arbitrator's Decision: Defense Verdict for Defendant Burgess (summarily dismissed with prejudice from suit) Plaintiff and Co-Defendant to continue to remain in suit.
April 2008
Hernando County Jury Trials
Leigh Dieter vs. Smith & Co., Advanced Barricades, & Highway Safety Devices
Hernando Circuit Court Case No.: H-27-CA 2003-1240-DM
Defendant's Attorney: DAVID L. ROSS
Facts: : This motorcycle versus median accident occurred on October 1, 2001, at approximately 9:30 p.m., in Brooksville, Florida. Plaintiff was riding his motorcycle with the Heavens Saints Motorcycle Ministry after a fellowship dinner. The riders rode in a staggered formation, in a 45 M.P.H. construction zone, where construction work was being performed by the insured, Smith and Company. The Plaintiff attempted to "swing out" to give the female rider beside him a wider berth to allow her machine through, and his front wheel struck the blunt end of an unfinished curb, ejecting the Plaintiff from the motorcycle. Both Plaintiff and the motorcycle came to rest about 200 feet from the point of impact. Plaintiff was immediately airlifted to Tampa General Hospital in critical condition.
Damages: Plaintiff sustained significant internal injuries, as well as several fractures, as he was diagnosed with a sternal fracture, left scapular fracture, multiple left rib fractures, grade III splenic laceration, grade II kidney laceration and right hemothorax. During the Plaintiff's nine day hospital stay he also developed "respiratory insufficiency" and was intubated, put on a ventilator and a feeding tube. Furthermore, the Plaintiff continued to suffer from left shoulder discomfort, tightness and discomfort over the left rib cage, shooting pain from the left upper quadrant of the rib cage, burning pain of the right thigh and bilateral constant toe numbness. He was hospitalized in intensive care for seven days, and spent nearly one month at Tampa General Hospital. He was also found to be in need of a total bilateral hip replacement following the incident. Plaintiff sustained nearly $150,000.00 in medical bills as a result of the subject incident, along with lost wage/earning capacity claims representing an additional $35,000.00, for total economic damages in the $185,000.00 range.
Demand: Plaintiff's initial demand following filing suit was for $850,000.00 as full and final settlement of all claims. Defense counsel filed third-party complaints against the subcontractors responsible for both lighting and signage under contractual indemnification and third-party contribution principles. After lengthy litigation, Defense counsel was successful in arguing Plaintiff's hip replacement was not proximately related to the subject incident, as well as some of the injuries suffered by the Plaintiff as being aggravated by pre-existing conditions not previously disclosed by Plaintiff. Defense counsel also maintained both co-Defendant's were responsible for their pro-rata contribution share.
Disposition: Settled pre-Mediation for a total global settlement of $150,000.00. Our Client was extremely pleased with the result, noting "we had double that (settlement amount) put up as a reserve on our end. Great job by our attorney on this one, and a great settlement!"
June 2008
Broward County Jury Trials
Richard Hamann v. Edwardo Chavarria, individually, Master Excavators, Inc., a Florida Corporation, and Rockwell Construction Corp., a Florida Corporation
Broward Circuit Court Case No.: 05-03022-04
Facts: : Plaintiff Richard Hamman was sitting at a red light in Broward County, adjacent to a parking lot where demolition and construction was ongoing. Suddenly, and without warning, a backhoe operated by an employee of the insured backed up into a lightpole, which in turn caused said lightpole to violently slam against the back of Plaintiff's vehicle. The Plaintiff was violently thrown about the interior of the vehicle upon impact, allegedly sustaining cervical herniations and compression fractures as a result of same.
Damages: As a result of the subject incident, the Plaintiff sustained a herniated disc at C6-C7, as well as aggravating pre-existing lumbar herniations at L4-L5 and L5-S1. Plaintiff was also diagnosed with a non-displaced compression fracture at T11. He was ultimately assigned a 16% permanent partial impairment of the body as a whole by his treating physician, Dr. Timothy Exharos. His medical bills and resulting treatment were approximately $25,000.00 as a result of the subject incident. He was also claiming lost wages in the amount of $70,000.00. Defendant ultimately had Plaintiff's loss of earning capacity claim stricken after filing a Motion to Strike same.
Demand: Plaintiff's initial demand was for $500,000.00 as full and final settlement of all claims. While liability was not a focal point of the defense, Defense counsel focused arguments on damages, noting the Plaintiff's lost wage claim was erroneously high based upon review of the Tax Returns the years prior and subsequent to the incident. Defense counsel also noted the disparity in time between medical treatment for the subject incident and prior injuries, arguing that the Cervical herniation was potentially pre-existing based upon prior injuries. Defense counsel also noted the Plaintiff made a full recovery from the compression fracture, and the permanency rating of 16% was well above what was cited in the AMA guidelines.
Disposition: Settled at Mediation for $55,000.00.
February 2009
Pasco County Jury Trials
Jordan Sweet vs. Cynthia Hice & A Signature Transport
Pasco County Circuit Court Case No.: 51-2007-CA-6891 WS G
Trial Date: April 27, 2009
Facts: : The subject incident stems from a three-car automobile accident occurring on August 8, 2006, in New Port Richey, Florida, where the insured taxi was attempting to make a left-hand turn in front of vehicle two (owned by Dianne Suscheck, whose claim has since been resolved independently without a lawsuit), and an impact occurred with such severe force as to "push" the insured taxi, causing it to rear-end a third vehicle being driven by the Plaintiff, Mr. Jordan Sweet. The Plaintiff's vehicle was declared a total loss. The insured taxi driver was given two traffic citations as a result of the subject incident, for driving a vehicle in an unsafe condition, as well as improper left turn. Additionally, an eyewitness to the subject incident rendered first hand testimony of the occurrence of the incident, placing the blame solely on the Defendants.
Damages: Plaintiff's damages were moderately speculative in nature, in that he was claiming he lost his job as a window glazier with the local union as a result of the subject incident, noting he had suffered some $50,000.00 in lost wage/earning capacity claims, including loss of future union benefits. Plaintiff had some $25,000.00 in medical damages, and was alleged to be a candidate for future spinal surgery, with potential future medical costs between $50,000.00 and $75,000.00 lifetime. Defense counsel noted Plaintiff actually voluntarily resigned his position rather than being forced out, and found records noting that Plaintiff was actually considered for "light duty work" but had turned same down, and as such, his lost wage/earning capacity claims were extremely speculative, and that Plaintiff would be perceived as "lazy" at trial, when testimony came out that he only applied for one job in the two and a half years since the subject incident.
Demand: Plaintiffs filed a proposal for settlement for $125,000.00, both to Defendant Hice and Defendant A. Signature Transport, Inc. Defendant countered with an informal offer of $25,000.00 as full and final resolution of all claims against both Defendants.
Disposition: Settled at mediation for $42,500.00, inclusive of fees and costs.
Transportation/Trucking Results
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