News & Events

Partner, Melissa McDavitt and Associate, Madison O’Connell in the West Palm Beach office defeated Plaintiff’s decade old claim for PIP benefits. Shortly after the carrier’s notice and investigation of the claim, the policy was rescinded for a material misrepresentation on the application for insurance. The Plaintiff, a medical provider, claimed its treatment was related to the accident, reasonably priced, and medically necessary. The Defense Attorneys not only decimated the Plaintiff’s case in chief and medical expert testimony, they successfully demonstrated the named insured made material misrepresentations on the application of insurance by failing to list a regular driver of the insured vehicle, rendering the policy void. Before the case went to the jury, Defendant argued and received a partial directed verdict as to the material misrepresentation defense.  In less than thirty minutes, the jury returned an unequivocal verdict for the defense on the remaining issues.  

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, obtained a defense verdict in a trip and fall case in Sarasota County where they represented a general contractor. The Plaintiff alleged that she was unable to perceive a step in a recently built walkway because it was not painted yellow which caused her to trip over it on her way into the building. Plaintiff alleged that the shade pattern from the landscaping in the area combined with the lack of contrast between the step and the rest of the walkway made it a dangerous condition.  Six weeks before the accident, Plaintiff had undergone a partial right knee replacement. She claimed that her partial knee implant loosened as a result of the fall and necessitated revision total knee surgery.