Category: verdicts-and-settlements

Melissa McDavitt and Sarah Kippers Successfully Prevailed on their Motion for Final Summary Judgment in PIP Case

Posted in Verdicts and Settlements on April 8, 2022

Congratulations to West Palm Beach attorneys Melissa McDavitt and Sarah Kippers for successfully prevailing on their Motion for Final Summary Judgment.  In granting the Defendant’s Motion, the Court found the recent Supreme Court ruling in MRI Associates of Tampa, Inc. v. State Farm Mutual Auto. Ins. Co., NO. SC 19-1390 to be determinative of the issues and held there is nothing in the PIP statute or the Policy that would require an insurer to pay in excess of 80% of a submitted charge.

Click here to read the Order.

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Workers’ Compensation Win

Posted in Verdicts and Settlements on March 22, 2022

Esther Ruderman, a workers’ compensation partner in our West Palm Beach Office, and Diane Tutt, an appellate partner in our Hollywood Office, were successful in a significant workers’ compensation case involving a teacher whose leg fell asleep while sitting on a chair in the classroom, causing him to fall when he got up, sustaining injury.

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Defense Verdict Obtained in Hurricane Irma Case

Posted in Verdicts and Settlements on March 21, 2022

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 3 days in Lee County, Florida.  Plaintiffs were the insured homeowners who claimed that their home's shingle roof and a significant amount of the interior of 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 Plaintiffs had not met their burden of proving that the home was damaged by Hurricane Irma.

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Fort Myers Attorneys Obtain Defense Verdict in Hurricane Irma Case

Posted in Verdicts and Settlements on March 11, 2022

Cris Casal, managing partner in the Fort Myers office obtained a defense verdict on behalf of First Protective Insurance Company in a three-day jury trial in Lee County, Florida.  The Court previously granted Frontline’s partial summary judgment finding Plaintiffs breached the policy of insurance by their failure to promptly report the claim.  

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Jacksonville Attorneys Obtain Defense Verdict in Trucking Case

Posted in Verdicts and Settlements on February 17, 2022

John Viggiani, Managing Partner, and Lissa Dayton, an Associate in the firm’s Jacksonville office obtained a defense verdict for our trucking company client and its driver in a 3 day jury trial in Jacksonville, Florida.  The defense admitted responsibility for causing the accident which involved the defendant driver backing up and hitting the front of the Plaintiff’s vehicle while she was stopped in traffic.  The Plaintiff claimed to have crushed her left foot in the accident and to have subsequently developed Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome.  Both of the Plaintiff’s treating physicians indicated the injury to her foot and subsequent problems were caused by the accident and developed over the 5 and ½ years following the accident. Neither of Plaintiff’s doctors were provided or aware of the Plaintiff going to the Emergency Room 3 days after the accident and their being no indication of any injury or problem with her left foot. 

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