Posted in Verdicts and Settlements on December 2, 2021
Michael Bonfanti and Joshua Canton, partners in the firm’s Tallahassee office, and their associate Taylor Hansford obtained a defense verdict in a Hurricane Michael first party property case tried over three days in Bay County, Florida. The Plaintiffs argued at trial that their home was a total loss due to structural damage to the pilings by the hurricane. The Defendant argued that the home had no structural damage, was repairable, and that the Defendant had already paid its insureds the reasonable costs to repair the home prior to litigation. The jury awarded $0.00 for repair of the home. The Plaintiffs also failed to secure a verdict above the expired exclusive Proposals for Settlement served upon each Plaintiff, thus entitling the Defendant to recover its attorney’s fees.
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Posted in Verdicts and Settlements on November 18, 2021
Thomas J. McCausland and John Viggiani, Partners in the firm recently obtained a favorable verdict in a 5 day jury trial in an admitted liability motor vehicle accident case in Jacksonville, Florida. The case involved a rear-end accident on northbound I-95 during stop and go traffic. The Plaintiff was driving a pick-up truck and pulling a travel trailer headed to Virginia. The Defendant driver was operating a company box truck and hit the rear of the travel trailer. Plaintiff did not go to the hospital and continued on with his trip to Virginia to pick up his wife. He was there a couple of days and then returned back to the Orlando area. At no time did the Plaintiff seek medical care or treatment. The Plaintiff's first medical care was 13 days after the accident.
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Posted in Verdicts and Settlements on October 27, 2021
Cristobal Casal, Managing Partner of the Fort Myers office, and Brian Buczynski, an Associate, obtained a defense verdict in a products liability personal injury lawsuit involving an exploding lithium ion battery that Plaintiff was using in an electronic cigarette device. The client was sued for selling a lithium ion battery that was alleged to have design defects that allowed it to short-circuit, catch on fire, and cause the Plaintiff to suffer second and third degree burns to his left hand. The Plaintiff was a middle aged information technology worker who claimed that he had lost grip strength in his hand, was suffering from mild carpal tunnel disorder, and tremors and shaking that were not present before the date of the event. Plaintiff boarded more than $77,000.00 in incurred medical expenses and asked the jury to award up to $3,300,000.00 during closing argument. The trial took place over five days in Sarasota County, Florida. The jury deliberated for 90 minutes before rendering their verdict in favor of the defense and finding no entitlement to damages. The client will be entitled to pursue its attorneys’ fees and costs as there was a Proposal for Settlement served on the Plaintiff that was allowed to lapse.
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Posted in Verdicts and Settlements on August 10, 2021
Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, obtained a favorable verdict in Orange County, Florida before Judge Denise Beamer. Plaintiff was a pedestrian in the crosswalk when contacted by the collapsible mirror of defendant's vehicle which was making a left across plaintiff's path of travel. The incident was captured on a traffic video camera. Defendant admitted liability but argued comparative fault, causation, and damages.
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Posted in Verdicts and Settlements on July 28, 2021
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 water mitigation contractor and claimed that the home was damaged as a result of Hurricane Irma and that the insurance carrier breached the subject policy of insurance by denying the claim. The jury found that the Plaintiff had not met their burden of proving that the home was damaged within the policy period.
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