N O T A B L E C A S E S
Other Unique Cases
LEYER
v. FLEMING
$1.2
Million - Settlement
Auto/Pedestrian Accident
The plaintiff, an active 63-year-old from Canada vacationing in Tampa,
Florida, was struck by the defendant while he and his wife were crossing
the street at a Tampa intersection. Defendant, an 82 year old man, admitted
at the scene of the accident that he had not seen the couple crossing
the street. The plaintiff sustained numerous bodily injuries including
paralysis after suffering a spinal cord injury as well as being permanently
brain damaged. The plaintiff now needs round-the-clock care.
MALDONADO
v. RISHER MINING et al.
$970,000 –Settlement
Car Accident
Plaintiff was a passenger in a car involved in a traffic accident with
a tractor-trailer. The driver of the tractor-trailer ran a stop sign causing
the accident. It was discovered the driver for the trucking company had
prior traffic offenses on his driving record and the trucking company
still allowed him to drive their tractor-trailers. The plaintiff suffered
a multiple injuries including a fractured hip, a torn trachea and damage
to her chest cavity.
MORGAN v. PRICE, et al.
$968,000 - Settlement
Burn case
Plaintiff was burned when he was attempting to rescue people involved
in a 22-car collision on I-75 in Ocala. Suit was brought against all auto
drivers and owners based on the “Rescue Doctrine.”
ROBINSON v. WINN-DIXIE
$950,000 - Verdict
False arrest
Action against grocery store on behalf of Bahamian citizen. Plaintiff
was jailed for three hours. Injuries consisted of an aggravation of a
preexisting heart condition.
DOBRINSKAIA et al. v. ARMOR
SECURITY
$900,000 - Settlement
Negligent security
Ukrainian woman on predawn beach stroll near her apartment was accosted
from behind, beaten, and raped. She suffered a fractured skull and brain
damage, and her attackers were never caught. Plaintiffs sued the security
company hired by the City of Miami Beach to protect the beach. The case
settled immediately before trial was to start.
GIRALDO
v. DAILY BREAD BAKERY
$875,000 – Settlement
Air Compressor Explosion
The plaintiff, an experienced compressor technician and not an experienced
electrician, was asked by the "engineer" of the bakery to assist
with what he called a simple electrical procedure (installing a new breaker
block to run the motor). After much pressure and insistence from the bakery
owner's engineer to do the tasks, even after knowing the plaintiff wasn’t
an electrician, the plaintiff assisted the engineer because the bakery
was a good customer. While installing the breaker box, two prongs came
into contact causing an instant explosion and flash fire severely burning
the plaintiff.
RATH v. XYZ HOSPITAL
AND DOCTOR
$800,000 – Settlement
Wrongful Death / Medical Malpractice
Defendant doctor performed an angioplasty on the plaintiff due to a clogged
coronary artery. Despite the clear indications for placement of an intracoronary
stent, the defendant doctor failed to do so. Plaintiff was discharged
from the hospital and five days later suffered a massive heart attack
due to the re-occlusion of the same coronary artery.
HILL v. DEPARTMENT OF CORRECTIONS
$750,000 - Verdict
False arrest
Plaintiff, a 25-year-old male on non-reporting probation, was arrested
when Department agent mistakenly believed plaintiff had failed to report.
Plaintiff spent seven days in jail and suffered aggravation of a preexisting
neck injury.
KING v. JOHN JOCHEM CHEVROLET
& GRASER
$750,000 - Settlement
Auto accident
Plaintiff, a passenger in her husband’s car, was injured when defendant
made a left-hand turn in front of them, causing their vehicle to veer
off the road and strike a pole. Plaintiff sustained severe ankle fractures
which never healed properly, leaving the Plaintiff with a permanent limp.
BORRERO v. MERISTAR HOTELS,
ET AL.
$700,000
– Settlement
Slip and fall
Plaintiff was a guest at the defendant hotel, when he fell in the hotel’s
in-room bathtub when the safety tub handle ripped off when he went to
grab it. The bathtub handle, which it there to ensure a person has the
proper support and does not fall on/in the tub, failed causing him to
fall and rendering him permanently and totally disabled. The tub’s
handle ripped from the tub because it was poorly maintained or inspected
by the hotel’s management or owners.
BALLESTAS v. BROWN TRANSPORTATION
$700,000 - Settlement
Auto case
Female Plaintiff was stranded on the side of Palmetto Expressway because
of car failure, when the Defendant, driving a semi-tractor trailer, veered
off the highway and struck the Plaintiff as she was attempting to get
back into her car, causing leg and arm injuries.
JANE DOE v. X RESORT
$700,000 - Settlement
Rape/abduction
Plaintiff, age 17 and of chaste character, was abducted and raped on the
premises of X Resort in the Caribbean. Although she suffered no permanent
physical injuries from the assault, the plaintiff experienced severe and
lasting Post-Traumatic Stress Disorder.
SOSA v. BUDGET RENT-A-CAR,
et al.
$700,000 - Settlement
Wrongful death/Auto
Plaintiff, a nine-year-old Cuban-American girl, was killed when the car
in which she was riding as a passenger veered off the road, overcorrected
and crossed the center line when it returned to the road,causing a head-on
collision with an oncoming vehicle.
DOE v. X SHOPPING CENTER
$675,000 - Settlement
Negligent security
The Plaintiff was mugged at a shopping center, fractured a hip and had
heart palpitations. The Plaintiff sued the shopping center’s owner
for negligent security.
SANCHEZ v. ADY’S
$673,000 - Verdict
Slip & Fall
Plaintiff, 89, slipped and fell on water at apartment complex and fractured
hip, requiring surgery. Plaintiff required extensive nursing home stay.
A jury ruled the defendant 100 percent liable before determining damages.
DOE v. XYZ NURSING HOME
$650,000- Settlement
Nursing home negligence
The Plaintiff, an elderly Alzheimer’s resident, wandered unobserved
off the premises of a nursing home through a broken fence, became lost
and died of exposure before being found. The Plaintiff alleged negligent
supervision and custody.
WILEY v. DADE COUNTY SCHOOL
BOARD AND YMCA
$650,000 - Settlement
Wrongful death
Four-year-old child was waiting for YMCA school bus to pick him up after
school. The bus never came. He was later struck and killed by a hit-and-run
driver as he was attempting to cross I-95 on foot. Suit against School
Board and YMCA for lack of supervision and control.
BOYD v. RIVERSIDE
$625,000 - Settlement
Premises negligence
The Plaintiff was a six-year-old boy whose right thumb was severed when
he fell into a pump motor while playing near an unprotected pool pumphouse
at an apartment complex. The Plaintiff alleged that the landlord was negligent
in maintaining and securing the pumphouse.
POWELL v. PLANTATION SYSCO,
WALKER WRECKER, et al.
$625,000 - Settlement
Wrongful death
Plaintiff passenger was killed when the car in which she was riding swerved
to miss a negligently parked car and went into a lake. Suit was brought
against wrecker service which had towed the car and later parked it in
a dangerous manner, against the owner/driver of the vehicle in which the
Plaintiff was a passenger, and against condo association for allowing
car to be towed and parked illegally.
TUCKER
v. BIOLINI & HIBBERT
$600,000 - Settlement
Boating Accident
While boating with friends, the plaintiff was thrown from the rear of
the boat due to a the driver making a sharp angle turn. The plaintiff
was seated at the back of the boat spotting another friend who was tubing
and was not aware of the drivers intention to turn sharply. When he fell
into the water, the boat's propeller swung over and struck the plaintiff's
causing a 3" gaping wound on his back.
POPHAM v. AMERICAN LAND CRUISERS
$595,000 - Arbitration Award
Auto accident
Plaintiff, a 38-year-old woman passenger in a motor home, received temporomandibular
joint (TMJ) injuries when rear-ended by the Defendant’s semitrailer.
She received extensive dental treatment, splint therapy, orthodontic bite
adjustments and jaw joint surgery.
MOLINA v. THE TOWERS OF WESTLAND
CONDOMINIUM
$500,000
– Settlement
Negligent Security
A 20-year-old male was brutally robbed and murdered in the parking lot
of defendant condominium while he was there visiting friends. The armed
robbers entered the unsecured parking lot and shot and killed the victim
then stole his car. Defendant condominium was negligent for now providing
adequate security for its residents and visitors.
BENET v. HILL YORK
$500,000 - Settlement
Bicycle accident
Plaintiff was struck by a Hill York truck while cycling on a bike path
along Crandon Boulevard in Key Biscayne. The Hill York truck failed to
stop at a stop sign and ran into plaintiff, who sustained a dislocated
right ankle and fractured left tibia. Plaintiff was completely immobile
for several weeks after surgery and developed pneumonia.
POPHAM v. STATE FARM
$500,000 - Settlement
Auto accident
The Plaintiff was involved in automobile accident. She sustained severe
aggravation of a preexisting temporomandibular joint syndrome (TMJ). Extensive
treatment and therapy was required.
ZIGMAN v. USAA
$500,000 - Arbitration Award
Auto accident
The Plaintiff’s vehicle was struck by a phantom vehicle, forcing
him off the road over the bridge and into Biscayne Bay. Claim was brought
against the Plaintiff’s uninsured motorist policy for psychiatric
injuries and soft tissue neck injuries.
RAMIREZ v. LOPEZ
$475,000
– Settlement
Premises Liability
A 23-year-old female was at defendant gas station getting gas when she
was struck and run over twice by a man trying to flee a criminal altercation
that occurred at the same time at the gas station. Gas station owners
were liable and negligent for not providing adequate security for its
patrons even after it was known that the same gas station had other criminal
activity in the past.
LAKIN v. ORANGE PARK LITTLE
LEAGUE ASSOCIATION
$475,000 - Settlement
Lightning
Little League baseball player was left brain-damaged when struck by lightning
during Little League practice. Suit was brought against league for lack
of supervision and negligence.
BLANDON v. LUCAYA PLAZA
$450,000 - Settlement
Negligent security
Plaintiff was assaulted and sustained severe injuries at a public phone
booth on a shopping center parking lot. The center had failed to maintain
adequate lighting in the parking lot and did not provide security for
its patrons.
JOHN DOE v. XYZ RESTAURANT
$417,500 - Settlement
Liquor liability
Plaintiff was a regular at a major restaurant-bar chain establishment
and familiar to the restaurant staff. He was served to the point of obvious
intoxication and allowed to drive away from the restaurant. He suffered
a serious brain injury when his car struck a median.
LONG v. CAMPBELL ONE PLAZA
$400,000 - Settlement
Pedestrian knockdown
The Plaintiff, a 78-year-old woman, was struck in a parking lot and sustained
minimal brain damage. Suit against the shopping center for negligent design
and construction of the parking lot.
SHOEMAKER v. ALLEN
$400,000 - Settlement
Drowning
The Plaintiff, a five-year-old boy, tragically drowned at a neighbor’s
pool while attending a birthday party. The Plaintiff alleged negligent
maintenance by the homeowner and negligent supervision by the host of
the party. Settled for policy limits.
STEVENSON v. USAA
$400,000 - Settlement
Auto accident
Husband and wife sustained back and neck injuries as a result of a phantom
vehicle running the Plaintiffs’ vehicle off the road in North Florida.
Settled for policy limits from Uninsured Motorist carrier.
ROGERS v. DRINKHOUSE
$385,000 - Settlement
Auto accident
Defendant’s car crossed center line on Card Sound Road, resulting
in a near-head-on collision. Plaintiff’s injuries included bilateral
TMJ, cervical disc herniation, facial scarring and multiple fractured
teeth.
DANIELS v. DUNCAN
$380,000 - Settlement
Electrocution
Plaintiff received severe electrical burns when the mast of his friend’s
sailboat came into contact with overhead power lines. Recovery was made
against boat owner, owner of boat ramp, and Florida Power & Light
Co.
JACKSON v. BROWARD COUNTY SCHOOL
BOARD
$375,000 - Settlement
Wrongful death
Seventeen-year-old black student died from injuries sustained while playing
on an unsupervised trampoline at school. Suit brought against school board
for lack of supervision and guidance.
CLARO v. ALAMO RENT-A-CAR
$350,000 - Settlement
Auto accident
Wrongful death action against rental car company for failure to safeguard
keys to rental car and to guard car after keys were stolen. Rental car
was stolen from lot, and minor Plaintiff was killed in subsequent “joyride”
accident.
COLLAZZO v. CITY OF MIAMI
$350,000 - Settlement
Fleeing felon case
Plaintiff, a 17-year-old Puerto Rican boy, was shot during a chase after
breaking and entering a house and was rendered quadriplegic. Plaintiff
alleged negligence in that the police officer failed to warn him verbally
before shooting.
ROBBINS v. STOVER, B&L
SERVICES, et al.
$350,000 - Settlement
Automobile/van accident
Plaintiffs were 80-year-old husband and wife involved in auto accident
with van. Husband sustained a fractured clavicle.
WHEATON v. AMERICAN AIRLINES
et al.
$350,000 - Settlement
Wrongful death
The widow of an Air Florida pilot brought action after her husband was
killed in the Flight 90 crash (1982 Potomac River crash). Suit brought
against airline for failure to properly “de-ice” the jet before
takeoff.
MARTIN v. RANDLE EASTERN AMBULANCE
$335,000 - Settlement
Negligent patient care
While transporting patient recovering from nose surgery, the ambulance
team failed to properly supervise patient and allowed the gurney to roll
away and flip over. Patient fell on his nose.
BARCLAY v. SUNDOWNER
$325,000 - Settlement
Wrongful death
Plaintiff was killed when he tripped and fell on a stairway in defendant’s
lounge. The Plaintiff alleged inadequate lighting of the stairway, lack
of crowd control, and negligent design of stairs and carpeting.
CRISCO v. CLIFF HOTELS, INC.,
d/b/a/ HAWAIIAN INN
$325,000 - Settlement
Defective door
Plaintiff, an avid snowboarder living in Montana and staying a beachside
hotel, was injured when the sharp lower edge of a glass door in the pool
area swung over her ankle and severed her Achilles tendon.
CULLEN v. AVIS RENT-A-CAR,
et al.
$325,000 - Settlement
Auto accident
Plaintiff, a 43-year-old woman, had her vehicle rear-ended by Avis Rent-A-Car.
Injured wrist (carpal tunnel syndrome).
JOHN DOE v. X HOTEL
$325,000 - Settlement
Liquor/bar liability
Defendant served alcohol to the Plaintiff, an admitted alcoholic, until
the Plaintiff became intoxicated. The Plaintiff subsequently climbed a
coconut tree, jumped, and fell, shattering his ankle.
DUNNE v. RED TOP SEDAN SERVICE
$325,000 - Settlement
Auto/pedestrian
The Plaintiff, a 43-year-old man, was struck by a Red Top van and sustained
a fractured leg.
AUTEN v. HOLLYWOOD FASHION
CENTER
$315,000 -Settlement
Slip and fall
Plaintiff, a 38-year-old woman, slipped and fell on a melted Slurpy at
the shopping center. The Plaintiff proved negligent supervision, maintenance
and cleaning of the area by conducting an actual video of the melting
process of an identical Slurpy to show how long it took the Slurpy to
melt to the exact state it was in when the Plaintiff fell, thereby proving
constructive knowledge. Plaintiff sustained a disc injury.
CANO v. BLASCO
$315,000 - Settlement
Medical malpractice/ wrongful death
Plaintiff died during routine operation as a result of negligent anesthetization.
HOLDEN v. KERRIGAN, et al.
$315,000 - Settlement
Auto/pedestrian accident
Five-year-old girl ran into the street in front of the Defendant’s
car. Plaintiff suffered massive head injuries. Plaintiff collected total
policy limits of driver and owner plus $55,000 from the owner’s personal
funds.
DENNISON v. ELLIS
$300,000 - Settlement
Wrongful death
Plaintiff drowned while scuba diving in an extremely hazardous current.
Poor judgment by the defendant as to the unsafe diving conditions, combined
with a lack of a “buddy system” and inadequate safety measures,
led to this wrongful death.
FIALLO v. AIRWORK, et al.
$300,000 - Settlement
Plane crash
Pilot injured in plane crash in Ecuador. Plaintiff alleged improper routine
aircraft maintenance. Plaintiff sustained shattered ankle and lost his
pilot’s license.
HILL v. DADE COUNTY SCHOOL
BOARD
$300,000 - Settlement
Football injury
Plaintiff, a 16-year-old student, sustained neck injuries during football
practice. Suit against Dade County School Board under theories of negligent
coaching, training, supervision and techniques.
MACLEAN v. FLIRTS
$300,000 - Settlement
Liquor/bar liability
Plaintiff was killed in an automobile accident shortly after leaving the
bar “Flirts,” where he was a habitual customer and known abuser
of alcohol. He had been served alcoholic drinks to the point of incapacitation,
then allowed to drive from the premises.
MARSANS v. EVERGLADES STEEL
$300,000 - Settlement
Wrongful death
Decedent was killed in auto accident while speeding. Action was brought
by a minor child, who was born out of wedlock, and after the death of
her father DNA tests confirmed that the decedent was minor’s father.
Action was brought for loss of parental guidance and support.
McKEE v. SPURGEON
$300,000 - Settlement
Wrongful death/auto accident
Action was brought by children whose parents were killed when struck by
a drunk driver. The three surviving children were all financially independent
and over age 25. Recovery was sought mainly for the loss of net accumulations
to the estate of the decedents. Policy limits were paid in the above amount.
PAULEY/BRANSCOME v. PICK-KWIK
$300,000 - Settlement
False arrest
Convenience store clerk falsely accused Plaintiffs of credit card fraud/forgery.
Plaintiffs spent one day in Madeira Beach jail and alleged ruination of
business as a result of the arrest, mental anguish, embarrassment, and
pain and suffering.
TUCKER v. KYNE
$300,000 - Settlement
Wrongful death/slap
Plaintiff was killed after being slapped by the Defendant and falling,
striking his head. Claim made against the Defendant’s parents’
homeowners policy. Plaintiff alleged that the Defendant was intoxicated,
and that therefore his actions were not intentional, thus falling within
the policy’s terms concerning negligence and not under the policy’s
exclusion of intentional acts.
TZOBANAKIS v. TERRY DUKE MASONRY
$300,000 - Settlement
Construction accident
Carpenter was injured in fall from scaffolding and suffered a severe ankle
fracture requiring several surgeries. Scaffolding violated OSHA standards
as to safety rails and width of work platform.
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