The Law Offices of
David L. Ross P.A.
Slip/Trip and Fall/General Negligence Results
September 2005
Gerrard Minichino vs. Brasseri Las Olas
Broward County Case No.04012138 CA 25 (September 2005 trial calendar)
Defendant's Attorney: DAVID L. ROSS
Facts: Plaintiff, Gerrard Minichino, was having dinner at the insured location when he went into the restroom and the ceiling "gave way," striking him on the head, shoulders, neck, and back, due to the location's problems with fan/ventilation systems, causing condensation to occur and drop ceiling tiles onto the Plaintiff's body.
Damages: Plaintiff's medical bills were approximately $15,000.00, and was diagnosed with Bulging of annulus fibrosus at C2-3; AND Disc Herniation at C5-6 with effacement of the thecal sac by R.J. Trapana, Board Certified Orthopedist. He further alleged lost wages and future earning capacity issues as a result of the subject incident.
Defendant argued Plaintiff's disc herniations were unrelated to subject incident based upon the nature of the occurrence.
Demand: Plaintiff initially demanded $100,00.00 to resolve claim, and Defendant offered $15,000.00 in response, and filed a proposal for settlement in the amount of $17,501.00 prior to mediation.
Disposition: Settled before Trial-- $20,000.00.
Donna Herr vs. Crab Pot, Inc., and Eaglewood Manufacturing
Palm Beach County Case No.: 50-2004-CA7204 (September 2005 trial calendar).
Defendant's Attorney(s): DAVID L. ROSS & REBECCA J. OLSON
br> Facts: Plaintiff, Donna Herr was at the insured location with companions, seated on the outside wooden deck in a "glider chair" overlooking the Florida Intercoastal waterway. Subsequent to the Plaintiff finishing her meal, she then attempted to exit the glider chair when allegedly the chair "rocked" back suddenly, causing the Plaintiff to lose her balance and entangling her feet. She then allegedly fell backwards, striking her back, neck, and head. She was subsequently taken to Good Samaritan Medical Center, where she was diagnosed with a closed-head injury, post-concussion syndrome, and cervical and lumbar strain. Plaintiff alleged failure to warn of a known dangerous condition as to Defendant Crab Pot.
Damages: Plaintiff's Orthopedic Surgeon, Dr. Robert Simon, noted the Plaintiff suffered disc herniations at C5-C7 as well as disc herniations at L3-L5, with disc bulges at L5-S1, as a result of the subject incident. Defendant argued Plaintiff's age as a contributing factor to her injuries, as her treating orthopedist also noted slight degenerative conditions. Plaintiff also sought treatment with a Neurologist, Dr. Jose Zuniga, for resulting headaches and neck pain which radiated down into her legs bilaterally. Plaintiff's medical bills totaled $22,000.00.
Demand: Plaintiff's initial demand for settlement was for $150,000.00 as to Defendant, Crab Pot, who filed a third-party action against Eaglewood Manufacturing, the manufacturer of the subject chair, under a contribution and indemnification theory, noting a potential defect in design with respect to said chair. Plaintiff later amended her complaint to include Eaglewood as a Co-Defendant, noting a potential split in liability.
Disposition: Settled prior to Mediation for $35,000.00.
October 2005
Ana Chamorro and Juan Chamorro vs. Waterton Esprimir L.L.C. A Foreign Corporation, d/b/a Briarwood Apartments
Miami-Dade County Circuit Court Case No.: 04-25377 CA 23 (October 2005 trial calendar)
Facts: Plaintiff, Ana Chamorro, was walking in the pool area during the evening hours of August 4, 2004, at the insured premises when she slipped and fell on mold present on a drain which the Plaintiff walked over at night. Plaintiff's complaint was predicated upon a failure to warn, noting the insured allowed mold to exist on the subject premises as well as failing to provide a proper drainage system for water to exit the area, thus resulting in the Plaintiff's injuries. Plaintiff fell backwards, striking the back of her head and neck on the cement ground. She lost consciousness, and was airlifted to the emergency room of Ryder Trauma Center, where she awoke without recollection of how she got there. She was subsequently discharged, and then she began complaining of pain in her back, neck, and head, along with vertigo and dizziness, which prompted her to seek treatment with Dr. Guillermo Martinez, a neurologist.
Damages: Dr. Guillermo Martinez, Plaintiff's treating Neurologist, noted the Plaintiff to have suffered a 14% permanent impairment as the result of the subject incident. She was diagnosed with headaches, dizziness, vertigo, neck and back pain, one seizure episode, and loss of memory, allegedly as a result of the subject incident. MRI results of the Plaintiff's cervical spine performed following the incident noted straightening of the normal cervical lordosis and a questionable herniation/bulge at C3-4. Plaintiff's medical expenses totaled approximately $15,000.00. Defendant argued the Plaintiff was comparatively liable for her injuries based upon her knowledge of the subject premises.
Demand: Plaintiff's counsel, Mitchell Panter, demanded $100,000.00 to resolve the claim once litigation commenced. Defendant offered $15,000.00 to resolve said claim, representing the Plaintiff's medical bills.
Disposition: Settled, August 2005 prior to mediation for $20,000.00.
January 2006
Jeremy McDonough vs. Wendy's, Inc.
Broward County Circuit Court Case No.: 0419093 (January 2006 trial calendar).
Defendant's Attorney(s): DAVID L. ROSS
Facts: Plaintiff, Jeremy McDonough, was walking on the sidewalk in front of the insured location, when suddenly, and without warning, he was struck in the face with a loosely secured sign which had been installed that day for the purpose of attracting customers. Plaintiff then fell to the ground subsequent to being struck by the sign, and allegedly landed on his neck, back and shoulder, narrowly avoiding being struck by a vehicle which was attempting to park in the space where the Plaintiff fell.
Damages: Plaintiff's cervical MRI taken post-accident revealed annular disc bulging at C4-5 and C5-6. Plaintiff continued to suffer from vertigo and occipital headaches following the subject incident, which did not resolve for nearly one years' time. Plaintiff also suffered from blurred vision since the subject incident, which affected his ability to work. Defense counsel argued the Plaintiff's vision problems were not resulting from the subject incident, and Plaintiff's only true recognized injury was a permanent scar on his face from where the signage struck. Defendant was successful in striking the Plaintiff's Lost Wage/Earning Capacity claims prior to mediation.
Demand: Plaintiff demanded $85,000.00 to resolve said claim upon litigation commencing. Defendant offered $7,500.00, and subsequently filed a proposal for settlement for $10,000.01 prior to mediation.
Disposition: Settled 2 days prior to Mediation for $14,000.00.
February 2006
Tara Odom vs. Denny's, RREMC, and Oceanic Hospitality
Brevard County Case No.: CASE NO.: 05-2004-CA 023374
Facts: Plaintiff was at Denny's at 420 Harbor City Boulevard, Melbourne, Florida, with a friend, Kinshasa Hartley after having drinks at the VFW with friends. She was up at the counter fixing her order and as she discussed the order with the cook, her friend witnessed a Denny's employee mopping the area near where Plaintiff was sitting down without her knowledge of this being done. Once the Plaintiff "correcting" the problem with her order, and as she was allegedly returning to her table in the dining room area, the Plaintiff slipped and fell on a "liquid substance" on the floor. The Plaintiff fell backwards, landing on her rear end and back, before the back of her head and neck struck the floor from the force of the fall. According to the Plaintiff, there were no warning signs or other indicators placed around the wet floor to warn her of any dangerous conditions on the premises.
Damages: Plaintiff's total medical bills were approximately $85,000.00, and she was to undergo an additional neck surgery and medical treatment estimated at another $50,000.00 - $75,000.00, to be performed by Board Certified Orthopedist Dr. Richard Hynes. She underwent fusion surgery at C3-4 and C6-7. She was subsequently diagnosed with an additional herniation at C4-5, as she was not responding well to treatment and therapy. Plaintiff also noted lost wages totaling $5,000.00, as well as a loss of future earning capacity. Defendant argued comparative liability based upon the boots the Plaintiff was wearing, as well as prospective testimony from former employees who noted there was at least one wet floor sign present in the area which the Plaintiff should have seen. Defense counsel also argued at mediation Plaintiff may have had a few more drinks than she testified to at deposition, as well as noting a hearing on Defendant's Motion to Strike Plaintiff's earning capacity claim, scheduled to be heard subsequent to mediation. Defendant had previously filed a proposal for settlement in the amount of $90,000.00, representing the Plaintiff's substantiated lost wages and medical bills.
Demand: Plaintiff demanded $400,000.00 at mediation as full and final settlement.
Disposition: Despite noted client control issues from Plaintiff's counsel, as well as an odd bargaining strategy by the Plaintiff herself at mediation, parties were are $200k and $225k following a full-day mediation. Prior to impasse, a final offer was proposed by all parties noting to split the difference. Said final offer was considered and ultimately accepted by the Plaintiff, who also forced her attorney to take a lower percentage fee in order to resolve said claim.
Settled at Mediation--$217,500.00.
June 2006
Desiree Kording vs. Wendy's Restaurant
Broward County Circut Court Case NO.: 0503990
Facts: According to the facts contained in the Plaintiff's Complaint, on or about July 31, 2004, the Plaintiff, Desiree Kording, had purchased a meal for consumption from Wendy's Restaurant. According to the limited claims file information, the claimant then left the location, and did not consume her food on the subject premises. She later returned to the subject location claiming an "Metal object" was inside the food she previously purchased, and further alleged the object must have come from the fryer or fry box where the potatoes were cooked. Following the subject incident, it appears the Plaintiff went and treated on an emergency basis with Dr. Mark A. Boukzam, D.M.D., on August 3, 2004, complaining of pain. Upon his examination of the Plaintiff's teeth, he determined tooth #2 had fractured. A follow-up visit was made on August 12, 2004, at which time a root canal was performed on tooth #2.
Damages: As a result of the subject incident, the Plaintiff suffered a fractured tooth, and additionally underwent root canal surgery related to said fracture. Medical expenses were approximately $4,500.00.
Demand: Plaintiff demanded $50,000.00 pre-suit as full and final settlement of all claims. Counsel wished to arbitrate matter, but a mediation was subsequently agreed upon in lieu of arbitration. Prior to mediation, settlement negotiations were undertaken in an effort to avoid mediation costs.
Disposition: Settled prior to mediation for $5,000.00
July 2006
CAROL FITZGERALD vs. LINCOLN RESTAURANT GROUP
BROWARD COUNTY CASE NO.: 05-00952
Facts: : This trip and fall type incident occurred on or about November 19, 2001, at the Riverhouse Restaurant in Fort Lauderdale, Florida. The Plaintiff was in the course and scope of her employment attending a book signing function at the insured location, when she was descending down the stairs and tripped, causing her to strike the floor on the left side of her body. According to the Plaintiff's there were no warning signs in the stairwell at the time of the incident, and the stairwell was poorly lit, which constituted a "dangerous condition" the insured knew of or should have known could cause injury to patrons.
Damages: Plaintiff suffered a fractured left wrist/hand and fractured left elbow, resulting in Carpal Tunnel complaints and a 2% permanent impairment of the body as a whole by her Orthopedic Experts. Plaintiff also receieved cortisone injections for pain management. Medical expenses were approximately $30,000.00.
Demand: Plaintiff demanded $150,000.00 at mediation as full and final settlement. Plaintiff's counsel argued Plaintiff had no significant pre-existing injuries which contributed to the incident, and the Plaintiff was not properly warned of the condition of the premises. Defendant argued Plaintiff's prior knowledge of the premises, combined with her potential vision issues and prior pre-existing cervical condition contributed significantly to her fall.
Disposition: Settled at mediation for $35,000.00.
September 2006
QUALSURE INSURANCE COMPANY a/s/o EDDIE & MARIE CHARPENTIER vs. CENTURY HOMEBUILDERS, INC. (SEPTEMBER 2006 JURY TRIALS)
BROWARD COUNTY CASE NO.: 04 18668 (OCTOBER 2006 TRIAL CALENDAR)
Facts: : The Charpentier family purchased a new construction home from Weitzer Home Builders, which was merged into Century Home Builders, LLC. On December 2, 2000 they discovered a water leak in the kitchen caused by a drywall screw that had pierced the plumbing in the upstairs bedroom. Subsequently, water stains appeared on the downstairs kitchen ceiling above the cabinets. The subrogors contacted the insured, and repairs were effectuated that same day. Following same, within one week of the pipe being fixed, Mr. Charpentier called about another leak a few feet from the previous spot, which allegedly caused additional damage to property located on the first floor of the home. Additional repairs were made, allegedly also caused by a screw piercing a pipe in the master bedroom. The subrogors then reported the loss to their homeowner insurance carrier, Qualsure, who in turn paid $162,841.22 for the damages. They brought suit against the insured for Breach of Contract, Breach of Implied Warranties, Negligence and Violation of Non-Delegable Duties.
Damages: Plaintiff's claimed $162,500.00 in damages allegedly sustained as a result of the subject incident.
Demand: Plaintiff's pre-suit demand was for $162,500, based upon evaluations by public adjusters and in-house evaluation. Plaintiff later filed a proposal for settlement while in active litigation in the amount of $85,000.00. Plaintiff argued based upon expert testimony and public adjuster evaluations, lost contents of home were of significant value. Defendant argued subrogor's failure to mitigate damages as well as failure to properly report losses amounted to potential fraud on the part of subrogors, and Defense counsel used Plaintiff's own expert witness testimony to point out inadequacies in the valuation of the claim
Disposition: Settled day before mediation for $45,000.00
October 2006
CHARLES & KATHLEEN COSTE vs. MARWIN COMPANY, TRANSEASTERN PROPERTIES, & GARY O' CONNOR, d/b/a G & M CONSTRUCTION, INC.
COLLIER COUNTY CIRCUIT COURT CASE NO.: 04-2362-CA
Facts: : This trip and fall type incident occurred on or about November 7, 2000, at 333 Harvard Lane, Naples, Collier County, Florida. According to the file information at this time, the Plaintiff, Charles Coste, was attempting to use the disappearing wooden staircase to his attic, located in his home garage, allegedly for the first time since buying the home. As he ascended the ladder to the attic, the Plaintiff allegedly heard a loud "cracking" noise and "felt the ladder destabilize." The Plaintiff then apparently attempted to descend as quickly as possible, but did not realize the nature of the drop from the last rung of the ladder to the floor of the garage. The Plaintiff then fell from the last step to the garage floor, striking his right heel on the concrete floor, fracturing same, then fell backwards, "wrenching his knee."
Damages: Plaintiff alleged approximately $15,000.00 in medical expenses related to the subject incident, including a broken right calcaneus, as well as a torn meniscus which required arthroscopic surgery as a result of the incident. Plaintiff also claimed nearly $70,000.00 in lost wages from the incident, which he claimed forced him to go from being a full-time employee with Collier County Public Schools to part-time work with Collier Area Transit as a bus driver. His wife also alleged a consortium claim for loss of companionship and support.
Demand: Plaintiff demanded $250,000.00 at mediation as full and final settlement of all claims, globally. Defense counsel argued Plaintiff's medical condition was pre-existing, and his failure to properly follow medical advice resulted in his knee injuries, utilizing medical records and deposition testimony to impeach the Plaintiff. Defense counsel also argued Plaintiff's lost wage claim and earning capacity claims were a non-issue, for his failure to provide any supporting documentation verifying his alleged claims through tax information.
Disposition: After a lengthy mediation, Plaintiff accepted a global settlement from all three Defendants. Settled at mediation for $20,000.00 as part of a global settlement.
November 2006 - Jury Trials
MURDELL JACKSON VS. CAPTAIN CHRIS D/B/A CRAB POT
Palm Beach County Circuit Court Case No.:502005CA007782 MBAE
Defendant's Attorney:DAVID L. ROSS
Facts: : This trip and fall type incident occurred on or about August 8, 2004 at the Crab Pot Restaurant in West Palm Beach, when the Plaintiff, Murdell Jackson, was a patron at the insured premises with her husband, Donald Jackson, and was sitting in a chair on the outside wooden deck, when suddenly, and without warning, the chair she was sitting in became caught in a large crack in the spacing of said wooden flooring, causing the Plaintiff to fall out of the chair onto her left side, with her left shoulder and side striking the ground.
Damages: Plaintiff alleged approximately $47,500.00 in medical expenses related to the subject incident, including rotator cuff surgery on her left shoulder. She also suffered disc bulges in her back at L3-4, L4-5, with a herniation at L5-S1. Plaintiff also quantified some $9,000.00 in lost wages resulting from the subject incident.
Demand: Plaintiff demanded $200,000.00 at mediation as full and final settlement of all claims. Defense counsel argued Plaintiff's medical condition relating to her shoulder was as a result of wear-and-tear, and was not 100% causally related to the subject incident. She also failed to follow doctor's advice with respect to her lower back.
Disposition: Settled at mediation-- $100,000.00. Client noted "Pleased with overall result."
January 2007 - Jury Trials
REMUS WILLIAMSON VS. PISCERNE D/B/A ROYAL PALM KEY
Circuit Court Case No.:502005 CA 007295
Facts: : On or about September 27, 2004, the Plaintiff, Remus Williamson, was lawfully on the premises of the Royal Palm Key property, ostensibly for the purposes of utilizing the "back stairwell" located at the rear of the complex, near his residence on the premises. Apparently, upon traversing down the staircase, a stair gave way, causing the Plaintiff to fall backwards through the stairwell to the first floor, striking the back of his head and his neck on the ground, and also landing on his hip.
Damages: Plaintiff alleged permanent injuries to his neck, showing a herniation at C6-7, resulting from the subject incident. Plaintiff also alleged aggravation of a pre-existing condition with respect to his bilateral knees. He also complained of bilateral hip pain some 4-5 months following the subject incident, for which he was advised he was a candidate for hip replacement surgery resulting from the subject incident. Plaintiff alleged approximately $100,000.00 in medical expenses related to the subject incident, including a percutaneous discogram at L5-S1. He also underwent epidural injections to his lower back. His future medical bills were noted to be in the $100,000.00 range for the hip surgery, as well as another estimated $75,000.00 - $125,000.00 for future lumbar fusion and related therapy. Plaintiff's expert economist and Vocational Rehabilitation experts opined the Plaintiff had sustained future economic losses, including future medical expenses, in the range of $390,000.00 - $400,000.00 as a result of the subject incident.
Demand: Plaintiff initially demanded $800,000.00 at the inception of suit, as full and final settlement of all claims. Defense counsel argued Plaintiff's medical condition relating to his back, knees, and hip were a result of wear-and-tear, and was not 100% causally related to the subject incident. Defense counsel also argued the condition was open and obvious to the Plaintiff, who was a tenant at the insured complex.
Disposition: After a lengthy mediation, the case was resolved for $370,000.00 as full and final settlement, representing some $30,000.00 in savings. Client was "extremely satisfied with great result," crediting our attorney's efforts in achieving a favorable resolution.
February 2007 - Jury Trials
JULIE NEWELL vs. OLD KEY LIME HOUSE
Circuit Court Case No.:2006CA002760
Facts: : The Plaintiff alleged she slipped and fell on ice or water leakage resulting from an ice machine in the immediate area where she fell. The insured noted repeatedly they did not have any ice machines in that area, and they had slip-resistant mats located all throughout the premises on the night in question. The insured further noted the Plaintiff slipped and fell on one of these mats, but the Plaintiff has since claimed there were no mats on the premises when she fell, and she has witnesses who will testify to same. Ryan Cordero, an employee working on the night of the subject incident, and noted he witnessed the "tail end" of the subject fall. He further confirmed he witnessed liquid on the floor where the Plaintiff fell.
Damages: As a result of the subject incident, Plaintiff claimed disc bulging at T12-L4, allegedly as a result of the subject incident, as well as aggravation of a pre-existing condition, lost wage & earning capacity claims, as well as pain and suffering as a result of the subject incident. Plaintiff incurred approximately $50,000.00 in medical bills stemming from the subject incident, but had her lost wage and earning capacity issues disposed of at a hearing on a Motion to Strike same.
Demand: Plaintiff's last pre-trial demand was for $85,000.00, as full and final settlement of all claims. Defense counsel noted Plaintiff's prior lumbar fusion was the result of her current pain, and pointed out several inconsistencies within her deposition testimony with respect to witnesses and the manner in which the incident occurred. Furthermore, Plaintiff failed to properly follow doctor's advice in terms of treatment and proposed non-invasive procedures to relieve pain.
Disposition: Settled for $19,000.00 three weeks prior to trial. Client "very happy with outcome considering medical bills at issue."
March 2007 - Jury Trials
GARETH WILLIAMS vs. CRAIG HIBBERT AND TARPON BEND RESTAURANT, JOINTLY & SEVERALLY
Circuit Court Case No.:05002239
Facts: : On or about November 30, 2002, the Plaintiff, Gareth Williams, was attacked at the insured premises, the Tarpon Bend Bar and Restaurant, at approximately 1:30 a.m., by former employee Craig Hibbert. Subsequently, the Fort Lauderdale Police Department responded to the scene, where Co-Defendant Hibbert was allegedly ordered to cease his attack on the Plaintiff, wherein according to the police report, Hibbert refused to obey, and continued his battery of the Plaintiff, knocking him to the ground and rendering him unconscious. Co-Defendant Hibbert was then arrested and taken into custody, and later pled guilty to criminal counts of assault/battery, and excessive use of force.
Damages: As a result of the subject incident, Plaintiff claimed permanent scarring on his face in two separate areas, in addition to suffering depression, dizziness, and headaches following the subject incident. He also complained of soft tissue back injury. Furthermore, he claimed as a result of his depression, he was terminated from his employment as a Captain of a yacht located in Ft. Lauderdale, where he was earning $2,400.00 per month. Plaintiff attempted to approximate up to six months of lost wages as a result of the subject incident, along with a speculative claim for earning capacity.
Demand: Plaintiff's last pre-trial demand was for $150,000.00, as full and final settlement of all claims, and had demanded $200,000.00 at Mediation. Defense counsel noted Plaintiff failed to properly follow doctor's advice in terms of treatment and proposed non-invasive procedures to relieve pain. In addition, Defense counsel argued Plaintiff's depression was unrelated to the subject incident, and was not proximately caused by same.
Disposition: 2 Days Post Mediation for $37,500.00, representing savings of over $20,000.00 Client noted "as usual, we had a great presentation at mediation and got an even better result than what we expected. Great work by our attorney."
April 2007 - Jury Trials
GLORIA & SYLVESTER STETTNISCH vs. UNIQUE ADDISON, LTD.
Palm Beach County Circuit Court Case No.: 50CA005194
Facts: : On or about May 1, 2004, the Plaintiff, Gloria Stettnisch, had finished dinner with her companions, and was on her way exiting the premises via the second floor walkway, when she suddenly "missed" a step, falling several feet onto her face, head, and neck. She lost consciousness at the scene, and was rushed to the hospital via ambulance, where she was diagnosed with a broken right kneecap which required surgical intervention, strained jaw, aggravation of pre-existing back condition, as well as a fractured left ankle which required pin insertion.
Damages: As a result of the subject incident, Plaintiff suffered a fractured left ankle and right kneecap requiring surgery, and had aggravation of a prior back injury. She also had trouble walking following the incident, and attempted to relate said condition to the subject incident, which now required her to walk with the assistance of a cane. Her medical expenses were in the $50,000.00 range, with a health care lien for nearly the same amount.
Demand: Plaintiff's Presuit demand was $300,000.00, and Defendant filed an early proposal for settlement for $90,000.00 prior to the Plaintiff's additional treatment for her left knee and subsequent back treatment. The case was set for trial and Defense counsel offered related trial costs on top of the prior proposal for settlement, for a total of $135,000.00 three weeks prior to trial. Plaintiff refused to lower her demand below $175,000.00. After additional negotiations and trial preparation, Plaintiff relented and accepted $140,000.00 as full and final settlement of all claims, two weeks prior to trial.
Defense counsel argued Plaintiff's neck injury and related treatment was as a result of pre-existing stenosis, and not solely related to the subject fall, and was supported by expert Orthopedist Dr. Alfonso Petti. Defense counsel also argued Plaintiff failed to properly follow doctor's advice in terms of treatment and proposed non-invasive procedures to relieve pain.
Disposition: Settled two weeks prior to trial for $140,000.00.
May 2007 - Jury Trials
AUDREY TOBAR vs. BRYAN'S RIVERHOUSE RESTAURANT
Broward County Circuit Court Case No.:05009021
Facts: : On or about February 15, 2002, the Plaintiff, Audrey Tobar, was dining at the insured premises and exiting via the main front staircase when she suddenly slipped and fell on an alleged unknown substance. She was taken via ambulance to the hospital the following day, complaining of pain in her lower back, hips, and shoulders. Ultimately, she developed neck pain and difficulty walking, which she subsequently underwent cervical fusion surgery for nearly two years following the subject incident.
Damages: As a result of the subject incident, Plaintiff claimed aggravation of a prior lower back injury, hip pain, dizziness and headaches, along with severe neck trauma which ultimately resulted in a cervical fusion at C6-C7, which was related to the subject incident via her expert neurosurgeon. Her medical expenses were approximately $165,000.00, of which there existed a lien of $113,000.00. Her lost wage and earning capacity claims were previously stricken and not at issue.
Demand: Plaintiff's Demand at mediation was 350,000.00, as full and final settlement of all claims, and said demand was reduced from $500,000.00. Defense counsel argued Plaintiff's neck injury and related treatment was as a result of pre-existing stenosis, and not solely related to the subject fall, and was supported by expert Orthopedist Dr. Alfonso Petti. Defense counsel also argued Plaintiff failed to properly follow doctor's advice in terms of treatment and proposed non-invasive procedures to relieve pain.
Disposition: Settled at Mediation for $165,000.00, representing savings of over $35,000.00. Client noted "as usual, we had a great presentation at mediation and got an even better result than what we expected. Great work by our attorney."
August 2007 - Jury Trials
Amy Martin vs. Shore Restaurant & Beach Bar
Palm Beach County Circuit Court Case No.:502005CA006670 MBAE
Facts: : On May 2, 2005, the Plaintiff, was present at the insured premises during a grand opening celebration for the new location of the Shore Restaurant in Delray Beach. Just prior to the subject incident, one of the owners of the insured premises was enjoying the celebration when an invited guest grabbed him and took him outside, where she requested him to open a bottle of champagne with his sword, otherwise known as "sabering." As the owner had no prior experience doing same, he attempted to utilize the saber, in furtherance of the celebration. As he ran the sword down the bottle, the cork flew off, and then the neck of the bottle inadvertently exploded, striking the nearby Plaintiff in the chest with various shards of glass debris.
Damages: Plaintiff was transported via ambulance to the ER for emergency treatment, and underwent additional treatment with a plastic surgeon, thoracic surgeon, cardiologist, psychiatrist, and physical therapist. She claimed to have been coughing up blood as a result of said incident, and had a permanent scar above her breastbone, which she claimed "had depressed me to the point I could no longer wear anything but turtlenecks and sweaters." Her claims for lost wages and loss of earning capacity in her job as a photographer were stricken from the record as non-substantiated.
Demand: Plaintiff's initial demand was for $150,000.00 as full and final settlement of all claims. Plaintiff had sustained nearly $40,000.00 in alleged medical bills resulting from the subject incident. Defense counsel argued at mediation that Plaintiff's medical treatment was excessive and unreasonable with respect to her claimed injury, noting it essentially amounted to a mild permanent scar which required minimal plastic surgical intervention.
Disposition: Settled at Mediation for $35,000.00.
Rushana Harris vs. Wen-North Holdings, Inc.
Broward County Circuit Court Case No.:05-23891 CA 10
Defendant's Attorney:DAVID L. ROSS & JACOB J. LIRO
Facts: : On May 22, 2004, the Plaintiff, Rushana Harris, was a patron at Wendy's Restaurant, in Plantation, Florida, when, following obtaining her meal, she slipped and fell by the condiment bar, allegedly on a wet or slippery substance located on the floor of the premises. Video surveillance existed which showed Plaintiff and one other patron in the area without incident prior to the incident. Plaintiff had 2 other eyewitnesses to the incident (on video) whose testimony differed slightly from the Plaintiff's version of the events, but tended to verify same. Plaintiff claimed the insured premises was liable under a non-delegable duty and failure to warn of known dangerous conditions.
Damages: As a result of the subject incident, the Plaintiff claims to have suffered a herniated disc at the L5-S1 area, as well as constant pain in her neck, left knee, along with episodes of headaches and dizziness about once a week. She underwent a lumbar discectomy and discogram at L5-S1 on February 27, 2006. She also underwent a series of lumbar epidural blocks prior to her surgery. Her claims for lost wages and loss of earning capacity were stricken from the record as non-proven. She further claimed to have incurred damages in the form of mental anguish, disfigurement and scarring, loss of capacity for the enjoyment of life. Her medical bills totaled nearly $65,000.00, and remained outstanding, with no collateral-source set offs as trial approached.
Demand: Plaintiff's initial demand following filing suit was for $200,000.00 as full and final settlement of all claims. Defense counsel noted Plaintiff's medical treatment was excessive with respect to her claimed injury. Furthermore, Defense counsel cross-referenced the Plaintiff with the criminal database and learned of Plaintiff's pending felony trial for Aggravated Assault and Battery, previously unmentioned in discovery. The victim was prepared to testify against Plaintiff in her civil suit, noting "someone who says they are that hurt can't come at you with a weapon like she did to me."
Disposition: Settled pre-trial for $70,000.00.
Gloria Gil vs. Galaxy Skateway South
Broward County Circuit Court Case No.:06-010898
Facts: : On February 13, 2005, the Plaintiff entered the insured location for the purpose of attending her daughter's birthday party. She signed a "Release of Liability and Skate at Your Own Risk Agreement" (hereinafter "the Release"). The Release contained a covenant not to sue with express language holding the insured premises harmless from her own negligence. Subsequent to executing the release, the Plaintiff claims to have been bumped by another skater who was skating recklessly while on the skating floor surface. As a result of the collision, the Plaintiff fell to the floor and suffered an injury to her right arm. Assistance was offered at the subject location, but denied by the Plaintiff, who only wanted ice for her arm. The next day, the Plaintiff went to the Emergency Room at Memorial Hospital West where she was diagnosed with a right radial neck fracture. She filed her four count complaint based upon Failure to warn of a known dangerous condition, as well as negligence on the part of the insured premises via Negligent Hiring, Retention, and Supervision as to the rink employees.
Damages: As a result of the subject incident, the Plaintiff suffered a right radial neck fracture of her arm. She also claimed soft-tissue injury to her low back area. She further claimed damages of mental anguish and loss of enjoyment of life. Her total medical bills claimed were in the range of $6,000.00, with no collateral-source set off. Plaintiff also claimed some $6,500.00 in lost wages, totaling some $12,500.00 in substantiated damages. Plaintiff was also attempting to relate an unspecified loss of earning capacity claim, which was later stricken during the litigation as non-substantiated.
Demand: Plaintiff's initial pre-suit demand was for $100,000.00 as full and final settlement of all claims. Defense counsel argued Plaintiff's comparative negligence, lack of experience as a skater, and her signature with respect to express release language was strong enough to support a Motion for Summary Judgment, which was filed in August of 2007 and pending while Plaintiff's counsel attempted settlement negotiations. Defendant also filed a proposal for settlement in the amount of $5,000.00 in April of 2007, which was also pending prior to the summary judgment hearing.
Disposition: Settled early August 2007 for $9,500.00, a week prior to the summary judgment hearing
September 2007 - Jury Trials
BROWARD COUNTY JURY TRIALS: SEPTEMBER 2007
Jean Cameron vs. Galaxy Skateway South
Broward County Circuit Court Case No.: 06-13394 09
Facts: On July 31, 2004, the Plaintiff entered the insured location for the purpose of engaging in a "class skating session." Subsequent to entering said premises, the Plaintiff claims to have been led onto the skating rink floor by an instructor, employed by insured, at which time she was then left alone on the rink surface. After being left alone, Plaintiff claimed she "lost her balance," falling on her right elbow and back, and allegedly sustaining serious personal injuries. Video surveillance obtained by Defense Counsel showed the Plaintiff skating alone at a slow pace in a counter-clockwise direction, then falling down, stretching out her right arm in an attempt to break her fall. Almost immediately after the fall, an employee of the skating rink came to her aid. Plaintiff was admitted to the Emergency Room and X-ray of the left elbow indicated evidence of a posterior dislocation and fracture of the right elbow. Plaintiff treated with an Orthopedic Surgeon who released Plaintiff with a 10% permanent partial disability to the body as a whole, including 6% for her upper extremity and 4% for her back. Plaintiff filed a two count complaint alleging negligence on the part of the insured premises based upon Failure to Warn of a Known Dangerous Condition, as well as Negligent Hiring, Retention, and Supervision claims against the insured.
Damages: Plaintiff sustained a dislocated and fractured left elbow as a result of the subject incident. At the time of Plaintiff's initial examination in the Emergency Room at University Hospital, she also complained of an occipital headache, moderate to severe lumbosacral pain, moderate left anterior lateral shoulder pain and severe diffuse left elbow pain which generally worsened with movement. She further claimed damages of mental anguish and loss of enjoyment of life. Her total medical bills claimed were in the range of nearly $15,000.00, with no collateral-source set off. Plaintiff also claimed an unspecified amount of lost wages and had pending unspecified earning capacity claims, which were stricken following Defense Counsel filing a Motion to Strike Lost Wage/Earning Capacity Claims as unsubstantiated. Plaintiff's experts attempted to claim Plaintiff would need a Future knee arthroscopy: 15,000-18,000.00; a total right hip replacement: 50,000-75,000.00 + 10,000 rehab, as well as a potential Lumbar fusion, at an anticipated cost of $75,000.00 - $85,000.00.
Demand: Plaintiff's initial pre-suit demand was for $150,000.00 as full and final settlement of all claims. Defense counsel argued Plaintiff's comparative negligence, lack of experience as a skater, and knowledge of skating as an inherently dangerous activity were all strong defense issues to be raised at trial, and promptly set the matter for trial following filing a Proposal for Settlement in the amount of $5,000.00. Defense counsel also argued during the litigation Plaintiff's damages had a strong pre-existing component to them, especially with respect to her alleged back injury claims. During the litigation, Plaintiff's counsel lowered their demand to $75,000.00, and then ultimately filed a proposal for settlement in the amount of $15,000.00 as full and final settlement, which was immediately rejected.
Disposition: Settled September 2007 for $7,500.00.
ST. LUCIE COUNTY JURY TRIALS: SEPTEMBER/OCTOBER 2007
DAWN KUZMANKO et ux v. SKATETOWN USA
St. Lucie Circuit Court Case No.: 562006CA002639AXXXHC (ON)
Trial Date: October 1, 2007
Defendant's Attorney: DAVID L. ROSS & JACOB J. LIRO
Facts: On or about January 8, 2006, the Plaintiff and her family were present at the insured location for the purpose of engaging in a public skating session. Subsequent to entering said premises, the Plaintiff tripped on a groove/hole of the surface of the skating rink, and went flying forward, landing on her left ankle and side with her full body weight. Subsequent investigation revealed at the time of the subject incident, there were "grooves" in the hardwood skating rink floor which were made by the insured following taking a circular saw to a previously "bubbled" area of the rink where water damage had caused the floor to bubble. Plaintiff subsequently observed the skating rink flooring and observed the gap in the flooring where she suspected she may have fallen. No warning signs were observed by the Plaintiff.
Damages: X-Rays obtained of the left ankle were read and determined Plaintiff had sustained a fracture of the distal fibula with associated joint effusion and swelling. She also claimed low back pain as a result of the subject incident. She had claims for lost wages in the amount of nearly $2,500.00, as well as related damages in the form of mental anguish, disfigurement and scarring, and loss of capacity for the enjoyment of life and future employment. Her medical bills totaled approximately $13,500.00, and remained outstanding, with no collateral-source set offs as trial approached.
Demand: Plaintiff's initial demand following filing suit was for $75,000.00 as full and final settlement of all claims. Defense counsel noted Plaintiff's medical treatment with a chiropractor was excessive with respect to her claimed fracture injury resulting from the subject incident. Furthermore, Defense counsel argued Plaintiff's loss of capacity and wage claims were exaggerated in nature, as Plaintiff's tax returns did not specifically reflect employment in a specific capacity.
Disposition: Settled pre-trial for $35,000.00.
PALM BEACH COUNTY JURY TRIALS: SEPTEMBER 2007
Dorothy Webbley Provenzano v. Unique Addison
Palm Beach Circuit Court Case No.: 50 2006 CA 003549 XXXMB
Facts: On November 24, 2004, the Plaintiff, Dorothy Webbley Provenzano, was a patron/guest at the insured premises, the Unique Addison Restaurant, for a "ladies night" event hosted by the insured premises, taking place in the outdoor "common area" which was used in part as a dance floor for said event. Plaintiff was dancing near the outdoor bar, at night, in a crowded area, when suddenly, and without warning, her foot landed on gravel in a small planter that was uneven with the floor, causing her to fall on her left side. Plaintiff subsequently sued Unique Addison for Negligence solely in its capacity as the party in control of the premises and based upon a failure to warn of known dangerous conditions. Defense counsel immediately filed a third-party complaint against the landlord of the premises under contractual indemnification and common law contribution principles. (Landlord had previously been brought in on two separate occasions in prior similar lawsuits on the premises, and had successfully gotten out without significant contribution in both prior instances). Defense counsel argued the landlord, based upon the contract, was the party who had the most "control" over the premises, despite the insured's "use of the premises in excess of the lease."
Damages: The Plaintiff claimed injuries to her left shoulder and back as a result of the subject fall, which ultimately led to her having arthroscopic shoulder surgery as well as epidural steroid injections and facet blocks for her low back pain, which was diagnosed as a disc herniation at L5-S1, with annular bulging at L3-L4 and L4-L5. She was given a 15% impairment of the body as a whole by her treating experts. Her total medical bills claimed were in the range of $55,000.00, with a lien of nearly $40,000.00. Plaintiff 's lost wage and earning capacity claims were stricken as unsubstantiated during the litigation.
Demand: Plaintiff's initial pre-suit demand was for $500,000.00 as full and final settlement of all claims. During litigation, the demand was reduced to $275,000.00. At Mediation, Defense counsel vehemently argued Plaintiff's comparative negligence due to potential intoxication, her prior knowledge of the subject premises, as well as inconsistent testimony on the part of her companions were all determining factors which should serve to reduce the demand to a reasonable amount. In addition, Defense counsel was able to successfully keep the Landlord in the suit at all materials times to the litigation, thus ensuring at a minimum, a 3-way liability split. This savvy legal maneuver and argument saved the insured from additional exposure as the sole defendant, and Defense counsel argued the co-defendant would not prevail on any Motion for Summary Judgment. Defense counsel also noted the Plaintiff's back problems were pre-existing to the subject incident, as evidence by a prior laminectomy the Plaintiff underwent during College.
Disposition: Settled at Mediation. Defendant's portion of the settlement amounted to $62,500.00 as part of a global settlement between both Defendant's.
November 2008
Orange County Jury Trials:
Lola Charette vs. Grec Conversions XXIV, LTD d/b/a Harbour Key Apartments
Orange County Circuit Court Case No.: 2008 CA 02376-O
Facts: on or about March 8, 2006, the Plaintiff, Lola Charette, was allegedly returning to her apartment and traversing the common walkways when she slipped and fell on rocks or landscaping materials which had accumulated on the common walkways. Immediately following the incident, the Plaintiff presented to Florida Hospital Orlando, where she was examined and X-Rays obtained, with noted lacerations on her right knee and arm. She was also subsequently hospitalized at Florida Hospital on April 11, 2006, for pneumonia and difficulty breathing, as well as for "chronic obstructive pulmonary disease exacerbation. She was also noted to have suffered from Gastroespohageal reflux disease ("GERD") and was discharged on April 15, 2006. She was also noted in her past medical history to be positive for COPD as well, along with pulmonary fibrosus (long time steroid dependent use), and a history of bilateral shoulder replacements, hip replacements, and knee replacements.
Damages: Plaintiff initially complained of abrasions on her forehead and also complained of pain in her right wrist, along with blurred vision. She also noted rib fractures, right knee lacerations, hardware loosening due to increase uptake in the right knee along the tibial plateau, photopenic defect in the left humeral head region, and blood pool activity in accumulated in the right shoulder region, all allegedly as a result of the subject incident.
Demand: Plaintiff's initial pre-suit demand was for $175,000.00 as full and final settlement of all claims, and a proposal was filed for said amount. At the outset of litigation, Defense counsel noted to Plaintiff's counsel the apparent pre-existing and numerous treatment the Plaintiff had previously underwent, not to mention her diabetic condition had left her in an advanced state of poor health, and she was potentially disoriented following the fall, and had possibly made comments on her blood sugar to insured personnel following the incident.
Disposition: Plaintiff's ultimately filed a dismissal quickly after filing suit, advising she did not want to pursue the matter any further. Case Dismissed in November of 2008.
Palm Beach County Jury Trials
Leon Heflin vs. Il Belagio Restaurant
Palm Beach Circuit Court Case No.: 50-2007-CA-014715XXXXMB
Facts: On September 6, 2006, the Plaintiff, Leon Heflin, was at the insured premises, located at 600 S. Rosemary Street, Suite 170, West Palm Beach, Florida 33401, and was apparently eating a meal consisting of a "Picante Pizza." He had finished half of the pizza and subsequently overhead the chef and manager discussing taking the pizza off the menu. The Plaintiff boxed up his food, and was then advised some fifteen minutes later by the chef and manager that he should discard the pizza, as there may have been glass in same. The chef subsequently threw away the pizza dough, flour, and piece of glass, and also inspected the area and found no other remnants of glass in the area, and no other problems or complaints. Shortly thereafter, the Plaintiff allegedly began to experience severe symptoms of pain throughout the night and went to the Emergency Room at JFK Medical Center one day later, on September 7, 2007. He stayed in the hospital for nearly one week, and underwent a colonoscopy, which was noted as normal, on September 11, 2006. He was subsequently discharged when his pain had diminished and he was in no acute distress. He later underwent a battery of testing, including additional colonoscopy and endoscopy, to determine the cause of his complaints of stomach pain and advanced gastritis. He subsequently complained of bloody stools and vomiting blood, with a potential GI bleed.
Damages: As a result of the subject incident, the Plaintiff allegedly sustained severe abdominal cramping, bloody stools, vomiting blood, and related GI distress. His abdominal pain was worse when eating solid food. He now cannot eat without taking medication. He also has complained the subject incident has seriously interfered with all aspects of his normal married life, including playing sports. Additionally, he lost thirty pounds since the subject incident. He underwent significant medical testing and treatment for his claimed injuries, with medical bills in the range of $55,000.00 - $60,000.00. His future medical bills were questioned by Defense counsel as unnecessary based upon IME review by Defense expert Dr. Roger Koerner, who stated that hyperacidity might be responsible for both his symptoms and the gastritis.
Demand: Plaintiff's initial demand following the filing of suit was for $150,000.00 as full and final settlement of all claims. Defense counsel focused arguments rebutting the Plaintiff's damages as pre-existing, and not proximately caused by the subject incident based upon the various CT scans. In addition, Defense counsel pointed out clear inconsistencies between the Plaintiff's witness' statements as well as his own testimony.
Disposition: : Settled at Mediation for $60,000.00. Client was extremely happy with the result, noting savings of over $25,000.00.
December 2008
Duval County Jury Trials:
Valencia Bush vs. Cobblestone Place Townhomes
Duval Circuit Court Case No.: 2007-CC-017487 Div. P.
Facts: The subject claim involved damage to personal property owned by the Claimant, Valencia Bush, as a result of her property allegedly being displaced from her rental unit which she previously (and allegedly) gave notice to the insured, Hillwood Pointe, of her intent to vacate the premises as of August 31, 2005. According to the Plaintiff's Complaint, she gave notice on or about August 15, 2007, of her intent to vacate the premises as of August 31, 2005. The Plaintiff allegedly was returning from "time to time" to the complex during the moving process. On the evening of August 24, 2005, the Plaintiff and her family returned to her apartment at the Hillwood Pointe complex with a moving van to gather the final belongings and move out by the date previously (and allegedly) provided to the insured. Apparently, when the Plaintiff got to her apartment, the apartment was empty, the electricity was turned off, and the Plaintiff's remaining belongings were found in a nearby dumpster. She is presently alleging that her belongings were rendered a total or partial loss as a result of being placed in the dumpster, as well as loss of some items which were lost or taken by unknown third parties after being removed from Plaintiff's apartment, allegedly by the insured's employees or agents. The insured admitted they did in fact, improperly dispose of Plaintiff's belongings without her consent/knowledge, and did in fact leave said belongings in the street and in the dumpster.
Damages: All of Plaintiff's personal possessions were left out to the elements for over one week's time, during which there was severe inclement weather, damaging nearly all of Plaintiff's belongings. Plaintiff submitted a speculative "costs" sheet during litigation, noting her property damage losses were in excess of $20,000.00, exclusive of attorney's fees and costs, which were "in play" based upon statutory considerations under Florida's Landlord-Tenant laws.
