News & Events

West Palm Beach attorneys Melissa McDavitt and Madison O'Connell successfully prevailed on their Motion for Final Summary Judgment. In granting the Defendant’s Motion, the Court found the policy of insurance is not ambiguous as to the “Out of State Coverage” provision, nor has the Plaintiff articulated any ambiguities. The “Out of State Coverage” provision is clearly and purposefully placed under the Liabilities portion of the policy. The “Out of State Coverage” provision is not applicable to the policy at large and is not specifically applicable to the PIP Statute.

Cristobal A. Casal, partner in the firm's Fort Myers office, obtained a defense verdict on behalf of a trucking company and its driver in a trucking personal injury case after a three day jury trial in Tampa.  Plaintiff was a warehouse employee at BJs Wholesale Club who suffered significant bodily injuries when the Defendants’ tractor-trailer pulled away from the loading dock while it was being unloaded.  Defendants argued that the Plaintiff violated his own employer’s loading dock policies and procedures when he began unloading the trailer without properly restraining it. The jury deliberated for less than an hour before returning with their verdict. 

Joshua C. Canton a partner in the firm’s Thomasville, Georgia office, along with Justin B. Hales, an associate in the firm’s Thomasville, Georgia office, recently prevailed on a motion for summary judgment in a pedestrian versus motor vehicle accident in Athens-Clarke County, Georgia where they argued that Plaintiff walked into oncoming traffic without regard for the right-of-way.  An offer of settlement was served by Defendant resulting in a claim against the Plaintiff for defense fees and costs.

Cristobal Casal, managing partner, and Elliott Tubbs, an associate, in the firm’s Fort Myers office, obtained a defense verdict in a first party property case tried over 2 days in Lee County, Florida. Plaintiff was a roofing company and claimed that the insured home was damaged as a result of Hurricane Irma and that the insurance carrier breached the subject policy of insurance by not providing coverage for the alleged roof damage. The plaintiff demanded the full amount of an entire roof replacement for a roof that was built in 2003. The jury found that the Plaintiff had not met its burden of proving that the roof was damaged within the policy period and returned a defense verdict after deliberating for less than 15 minutes. 

Tom McCausland and Josh Nathanson, both partners in the Hollywood office, tried an admitted liability auto negligence case where Plaintiff sustained significant fractures to both wrists with surgery and hardware secured to both wrists. Plaintiff had additional claims of Complex Regional Pain Syndrome and PTSD, which would require treatment for over 50 years following the accident. The defense was Plaintiff sustained a permanent injury from an orthopedic standpoint, but received a good result and did not need any future treatment and that she did not suffer from Complex Regional Pain Syndrome. The defense stipulated to past medical bills of $126,439.51. The plaintiff’s attorney asked the Jury to award $20 million for her injuries and the Defense suggested the jury award $650,000. After deliberating for 3 hours, the jury returned a verdict of $1,465,439.51. There was over $5 million in coverage and there was never a demand of less than the policy limits.