Verdicts by Location: Boca Raton
At trial, the Plaintiff presented expert testimony from a Family Medicine Doctor who testified: (1) that the attending physician’s orders to do a chest X-ray were ignored by the nursing staff alleging that the order was entered upon admission to the Resident on 4/24/2019 around 3:00PM; (2) that the nursing home staff failed to immediately report the blood labs to the attending physician; and (3) that the nursing staff failed to recognized that the Resident was in respiratory distress. The Defendant presented evidence and expert witness testimony that proved that (1) the chest X-ray order was entered about the time the Resident’s condition changed on 4/24/2019, that the order was followed almost immediately by nursing staff, and that the chest X-ray was not done because the Resident was discharged via Fire Rescue before the mobile X ray company arrived; (2) the blood labs were done as ordered, and the results were received at the Facility’s fax machine 30 minutes before the Resident’s change in condition, and that it was reasonable for the results to take some time to be reported to the attending physician; and (3) the argument that the nurses failed to notice any respiratory distress was purely speculative, and not supported by evidence. Finally, the Defendant presented evidence that the Resident’s pre-existing comorbidities, including the untreated leukocytosis and previous pneumonia diagnoses, accompanied by the Resident’s advanced age, were the likely causes for the Resident’s change in condition and ultimately death. The Resident’s change in condition was unavoidable, and the Nursing Home was not negligent. The Jury agreed with the Defendant and rendered a verdict in two hours. Plaintiff’s demand at trial was $350,000.00. Read More.
Admitted Liability; $173,000 2-level Cervical Disk Replacement; $618,000 Life Care Plan; Jury Defense Verdict on December 3, 2020.
Partners Chris Moore, Esq., (Stuart) and Jim Sparkman, Esq., (Boca Raton) tried a Post-Covid case to defense verdict in a rear-end accident case. The trial represented the first Post-Covid civil trial in the 19th Judicial Circuit. Before trial, we admitted liability on behalf of the defendants and vigorously defended causation.
Plaintiff called 3 treating medical providers (Dr. Stuart Krost, Dr. Harold Bach and Dr. Michael Hennings) and retained and called a neuro-radiologist (Dr. Eric Pfeiffer) to testify the accident was the cause of plaintiff’s injuries and surgery. Plaintiff incurred over $173,000 in medical bills, stemming primarily from a 2 level cervical disk replacement. In addition, the Plaintiff obtained a life care plan by Dr. Stuart Krost for future medicals in excess of $618,000. Plaintiff contended that he essentially never had prior neck problems and that the few prior medical visits he had with neck pain years prior were temporary, far less severe and he had not treated for more than 2 years prior to the subject DOA.
The defense focused on the property damage photographs and used a mechanical engineer to explain to the jury the low forces involved in the subject incident. In addition, the defense used board certified surgeon Dr. Gaetano Scuderi to opine that image studies did not support any recent injury to the spine from the subject accident, but showed long standing, chronic degenerative changes. The defense expert explained to the jury how the prior disc problems would not heal themselves, but would grow worse over time and lead to the need for the actual disc replacement surgery that occurred in this case. The defense also vigorously challenged plaintiff’s treating physicians on their billing and ownership interest in Ambulatory Surgery Center of Boca Raton, which was allegedly not disclosed to the plaintiff in violation of Florida Law. The defense was able to get a special instruction on Section 456.052, Florida Statutes, which requires surgeons to disclose financial interests that they may have in facilities, such as a surgery center. Read more
Managing Partner Daniel Santaniello and Boca Raton Associate Brett Wishna, Esq., obtained a favorable settlement in a wrongful death claim against a liquor store alleged to have sold alcohol to a minor Decedent. The Minor Decedent’s Estate claimed that the sale, among other things, was the legal cause of Decedent’s ultimate death by way of a shooting at a house party later that day. Following discovery, Mr. Wishna moved for summary judgment on behalf of Defendant, arguing that Plaintiff’s evidence was, at best, speculative and circumstantial. While that motion was pending and set for hearing, the parties reached a settlement of $30,000. Read more
Junior Partner Scott Chapman, Esq., and Senior Associate Hayley Newman, Esq., obtained Summary Judgment on counts for breach of contract and negligence in a case involving water damage to a condominium unit in the matter styled Rodney and Emily Regan v. Carillon Condominium Association, Inc. This case arose out of an alleged roof leak in the common area at the Defendant Condominium Association. The Association was previously sued by Plaintiffs in a 2014 lawsuit against the Defendant Condominium Association, resulting in an executed release by the Plaintiffs. Defendant proffered to the Court that the Plaintiffs’ renewed Complaint sought double recovery against the Defendant Association in violation of the principles of Res Judicata. The Court agreed that the release executed previously by the Plaintiffs was a bar to monetary damages and granted Summary Judgment as to Counts I and II of Plaintiffs’ Complaint. Read more
Fort Lauderdale Managing Partner William Peterfriend, Esq., Junior Partner Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a Dismissal with Prejudice pending a hearing on motion to strike pleadings for fraud on the court. In the matter styled Romeo Hebert v. Robert Boutin and Walks and Decks, Inc., Plaintiff, Romeo Hebert, claimed damages stemming from an accident in which he flipped over the handlebars of his bicycle in his neighborhood, resulting in injuries to his right hip and right leg. Plaintiff claimed that he was riding his bicycle in his neighborhood and suddenly came upon a forklift owned and operated by Walks and Decks, Inc., causing him to swerve out of the way and crash his bike. Co-Defendant was a neighbor of Plaintiff who was driving around the forklift at the time that Plaintiff crashed his bicycle. Read more
Marc Greenberg, Senior Partner obtained a notice of voluntary dismissal with prejudice in matter styled Jane Doe v. International Airport, et al. Plaintiff was in Terminal 3 of a South Florida International Airport walking to her connecting flight to return home to Texas when a ground transportation operator negligently impacted Plaintiff with a flat-bed luggage cart. Plaintiff sustained a left wrist fracture resulting in surgery, a nose fracture, and various facial abrasions. Her past medical bills were $91,000 at the time of the filing of the lawsuit. Plaintiff’s pre-suit global demand was $450,000. Read more
Fort Lauderdale Managing Partner William Peterfriend, Esq., Senior Associate Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant’s Motion to Strike Pleadings for Fraud on the Court. In the matter styled Sultan v. Verdes Tropicana, Inc., Plaintiff, Diane Sultan, was claiming injuries and damages stemming from a slip and fall in a bowling alley due to an alleged malfunction of a Keigel Ion lane machine, which Plaintiff claimed dropped oil when being moved from one lane to the next. Plaintiff claimed that oil dripped and was the cause of her fall while bowling in a league at the Defendant, Verdes Tropicana, Inc.’s bowling alley. Read more
In matter styled Liberty Mutual Fire Ins. Co. a/s/o Puccini, Inc., d/b/a 5 Napkin Burger v. AA Fire Equipment Co., Construction Defect Partner David Rosinsky, Esq. and Senior Associate Hayley Newman, Esq. obtained a favorable result when court granted the Defendant’s motion for summary judgment. The subrogation action was for damages due to a restaurant fire that originated in kitchen. Plaintiff’s insured was the owner of the building, which included a restaurant. The restaurant underwent a build-out, which included installation of a grill hood and associated ventilation system. Read more
On January 30, 2019, Boca Raton Senior Associate, Hayley Newman presented oral argument on Defendant’s Motion for Summary Judgment in JAFCO v. D&S Plumbing, a case involving construction and design defects at a children’s center in Broward County. Senior Partner Christopher Burrows authored the Motion for Summary Judgment with assistance from Hayley Newman. The plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project. The general contractor filed a Third Party Complaint against its subcontractors, including our client a plumbing subcontractor. The general contractor’s four causes of action in the Third Party Complaint included contractual indemnity/breach of contract, common law indemnity, contribution, and negligence, alleging breach of its indemnification obligation in the subcontract. Read more
In the matter styled McCown v. Defendant Retail Store, Plaintiff tripped and fell over an L-Cart that was left in an aisle by our employee. Plaintiff claimed injuries to her neck and back. Dr. Steven Dutcher of Boca Raton opined that Plaintiff was a candidate for a L4-5 decompressive hemilaminectomy with discectomy and intralaminar stabilization as well as an anterior cervical decompression with fusion at C3-4, 4-5, and 5-6. Read More
In the matter styled Reyes v. Defendant Retail Store, Plaintiff filed a lawsuit for conversion, property damages, pain and suffering, and breach of contract resulting from work performed by our client on Plaintiff’s automobile. Plaintiff was seeking more than $26,000 in damages. Read More
On June 27, 2018, Managing Partner Dan Santaniello, Esq. and Boca Raton Junior Partner Chris Moore, Esq. obtained a defense verdict in a motor vehicle accident in a negligence case styled Keith Friberg v. Defendant Driver. Plaintiff claimed he was physically attacked from behind while going to the bathroom at a gentlemen's club by Defendant's friend, then had to leave to avoid further attack by the other friends of the attacker. Plaintiff testified that he kicked and stomped his attacker in self-defense, then drove away while Defendant Driver and his friends pounded on his car to continue the attack. After thinking he had successfully avoided further confrontation, Plaintiff testified at trial that he saw Defendant Driver travel across four lanes of traffic on I-95 and ram into his vehicle, causing both vehicles to crash into the concrete barrier at 70 mph, and skid about 100 yards, totaling both vehicles and causing all of the airbags in Plaintiff's vehicle to go off. Read More
On April 27, 2018, Boca Raton Junior Partner Chris Moore, Esq. obtained a final summary judgment in the matter styled Siddique v. Defendant HOA, et al. The Estate of Rayyan Siddique sued for wrongful death arising out of a drowning incident in a man made pond after the young autistic boy was last seen alive going into the water by a neighbor from across the pond. Read More
Boca Raton Partner William Peterfriend, Esq. and Associate Erin O’Connell, Esq. prevailed in Final Judgment in a PIP matter styled East Coast Medical Rehab, Inc. a/a/o Reyna Terrero v. State Farm Mutual Automobile Insurance Company. Read More
Boca Raton Associate Jordan Greenberg, Esq. received a Final Summary Judgment in the premises liability matter styled Wise v. Defendant Store. This matter arose from Plaintiff’s allegations that she was injured by being struck by an electric pallet jack operated by a store employee in the electronics action alley on “Black Friday.” Read More
Boca Raton Senior Partner Marc Greenberg obtained a favorable result in the premises liability matter styled John Doe v. Retail Store. Plaintiff’s Complaint asserted that he slipped and fell on liquid on the Defendant’s premises, resulting in significant and permanent injuries to his dominant right hand. During the infancy of discovery Plaintiff stated that he had never injured his right hand before the subject incident. Read More
Boca Raton Senior Partner Marc Greenberg obtained a favorable result when Defendant’s Motion for Judgment on the Pleadings was Granted in the property damage and conversion matter styled Holbrook v. Defendant Premises Owner. Plaintiff’s last demand was $200,000. Defendant served a Proposal For Settlement and has been granted entitlement to attorney fees and costs. Plaintiff’s appeal is pending, which has been denied twice by the United States Supreme Court. Read More
Boca Raton Senior Associate Paul Shalhoub obtained a dismissal with prejudice in the construction defect matter styled Ruth Weinfeld and Robin Frank v.Tropical Roofscapes, Inc., et.al. A co-Defendant sought common law indemnity and equitable subrogation against our client, Tropical Roofscapes, Inc., for alleged construction defects related to the replacement of Plaintiffs’ roof. Paul Shalhoub, Esq. was able to have both claims, including common law indemnity, dismissed with prejudice. Read More
Orlando Managing Partner Paul Jones and Partner Farrah Fugett-Mullen received a defense verdict in the slip and fall matter styled Demce Demce v. Defendant Retail Store on June 16, 2016 in Palm Beach County. Plaintiff alleged he slipped and fell on water in the cart vestibule area as he was entering the store. Read More
Managing Partner Daniel Santaniello and Boca Raton Junior Partner Christopher Burrows obtained a defense verdict in a roofing case styled Guy Delmonte v. Whiting Construction, Inc., on June 27, 2014. Plaintiff, Guy Delmonte, owner of a townhouse in a quadruplex in Martin County, Florida, sued a local roofing company, Whiting Construction, Inc., alleging that the roofing company had caused interior water damages to Plaintiff's unit when Whiting Construction replaced the roofs of the three neighboring units in the Plaintiff’s quadruplex. Read More
Boca Raton Senior Partner Marc Greenberg was granted Defendant’s Motion for Summary Judgment in Palm Beach County in the premises liability matter styled Smith, Renelle v. Defendant Retail Store. Plaintiff claims to have slipped and NOT fallen due to water on the floor dripping from the ceiling. Read More
Boca Raton Senior Partner Marc Greenberg received a Final Summary Judgment in a slip and fall matter styled Klein v. Defendant Store and John Doe. The lawsuit arose when eighty one year old Plaintiff, a patron in Defendant Store alleged he slip and fell on a liquid substance near the drinking fountain. Plaintiff alleged blood clots in the lung, hip fracture and facial lacerations and underwent two surgeries. Read More
Boca Raton Associate Jordan Greenberg obtained a Final Summary Judgment on June 26, 2015 in a negligent security matter styled Lynn Cannon, as PR of the Estate of Garrett Egan Cannon v. Villa San Remo HOA and Hawk-Eye Management, in the Fifteenth Judicial Circuit (Palm Beach County). The 25 year old decedent died after a night with his friends in the clubhouse parking lot of the Defendant homeowner’s association, during which plaintiff indulged in a cocktail of illegal drugs, including, cocaine, bath salts and LSD. Read More
Anthony Merendino, Senior Partner in the Boca Raton office was granted a Motion for Final Summary Judgment and Judgment in favor of Defendant in a fall from overhead case styled Velez v. Defendant Retail Store in the United States District Court Southern District of Florida on March 11, 2015. Plaintiff, a customer at Defendant Store alleged that he was attempting to retrieve a 4x4 piece of lumber off of a shelf when a metal safety rail fell on his head due to being defective, alleging negligence, including failure to warn, which resulted in serious bodily injury. Read More
Anthony Merendino, Junior Partner of the Boca Raton office of Luks, Santaniello, Petrillo & Jones obtained a Final Summary Judgment in a false arrest case styled Rose M. Cortez vs. Defendant Retail Store in the United States Southern District of Florida on January 31, 2013. It was alleged that Defendant store wrongfully caused Plaintiff, a cashier at the subject Defendant store, to be arrested after Defendant store conducted an investigation into allegations that Plaintiff was allowing customers to leave the store without paying for merchandise in exchange for cash tips. Plaintiff brought a four (4) count Complaint for False Imprisonment, Abuse of Process, Intentional Infliction of Emotional Distress, and Negligence. Read More
Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More
Shot to Death by Unknown Assailant, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More
Victim Targeted Crime with 3 Innocent Shooting Victims, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More
2 Week Trial in Palm Beach County, $2.3 Million sought, “$0” awarded. The case featured 13 experts and 20 witnesses. claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site. The Plaintiff, a 51 year old self employed owner of an automotive repair shop and married with two young children, claimed that Hubbard's employee, negligently backed his Caterpillar Skid Steer on a road construction site. The Defendant was knocking down a dirt pile on the shoulder of the road, when Plaintiff alleged Hubbard backed into the road and struck the Plaintiff, who was driving by, causing him to lose control and drive off the road down to a lake. Plaintiff brought claims for negligence against Douglas Clyde Williams and claims of negligent supervision and vicarious liability against Hubbard Construction Company. Plaintiff alleged that Hubbard Construction was negligent in failing to mark the construction zone, separate traffic from the work zone or place a flagger by the Caterpillar. Read More
Daniel J. Santaniello, Managing Partner and William J. Peterfriend, Associate received a win for a slip and fall incident April 27, 2007. Plaintiff alleged Defendants failed to properly maintain and inspect the stairs outside Plaintiff’s condominium unit, thereby allowing leaves and sap to accumulate. Plaintiff claimed to have fallen as a result of slipping on wet leaves and sap after a rainfall the night before the morning of the incident. Plaintiff alleged that as a result of the subject accident, she fractured her left elbow. Defendant maintained that maintenance procedures were adequate and Plaintiff failed to provide any proof of leaves ever existing or accumulating on the steps, in the form of either testimony or photographs. Plaintiff demanded $100K immediately prior to trial The Jury returned a verdict in favor of the Defendant finding that that there was no negligence on the part of either Defendant. Read More
Daniel Santaniello and Marc Greenberg obtained a defense verdict for a vehicular liability case on February 15, 2007 when the Jury found that the Defendant was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff, a thirty (30) year old Accountant, filed suit alleging that on April 30, 2001 the Defendant, Miguel Hidalgo, rear ended her at a moderate rate of speed on Okeechobee Blvd. in West Palm Beach. The Defendant admitted liability, but alleged that the moderate-impact accident was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff maintained that the injury to her neck was permanent, and left her unable to enjoy life, effecting her ability to engage in physical activities, and maintain relationships with co-workers, friends, and family. Read More
Daniel Santaniello, Managing Partner received a Final Judgment in favor of Defendants on February 14, 2006 in Miami-Dade County. Plaintiff alleged that she was proceeding west though the green light at the Intersection of Bird Road and 67th Avenue, at which time she was struck by Defendant, Carlos Rodriguez. Plaintiff claimed that she sustained neck, back and shoulder injuries (i.e., Wedge Fracture at mid back; Disc Space Narrowing at LS-S1; Reversed Spondylolisthesis of L4-5, L5-S1; Right Shoulder Thecal Sprain). Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Rodriguez and a non-party witness called by Defendant’s Counsel both testified that Rodriguez had a green light and that Manas ignored the red signal, thus causing the accident. The Jury found in favor of Defendants on liability that the Defendant was not negligent in causing the subject accident. Read More
Daniel J. Santaniello, Partner received a defense verdict for a motor vehicle accident which occurred on June 17, 2004. Plaintiff alleged she was proceeding west though the green light at the Intersection of Northwest 6th Street and Northwest 2nd Avenue, at which time she was struck by Defendant, Earnest Daniels, who was ticketed for the accident. Plaintiff further alleged that Defendant was the sole cause of the accident through his negligence by entering the subject intersection against a red light for his direction of travel. Plaintiff claimed she was a 22 year old female with no prior back or neck complaints, when she was struck violently and taken to the hospital. She was treated for 2 years and had a positive MRI for 2 level bulging disks. Read More