$3.0 M
settlement
A restaurant had open lit candles spread throughout the floor of its property. The candles gave the restaurant a romantic glow but they were dangerous and violated the life safety codes. Our client was on the restaurant’s patio when her dress was blown into one of the candles and caught fire. She suffered third degree burns over thirty percent of her body. She required multiple skin grafts and was badly scarred. The restaurant removed the candles and no other customer will be exposed to the danger of being burned.
$2.75 M
recovery
A large local boat dealer had an elevated platform built in its showroom. The platform was sold with railings and other safety features designed to prevent falls. The boat dealer failed to install the safety features and built the platform without any permits or inspections. Our client was looking at boats and fell from the platform because there was no safety railing to grab. She suffered a shoulder injury that required surgery and developed Reflex Sympathetic Dystrophy (RSD) which is also known as Complex Regional Pain Syndrome (CRPS). The case settled before trial.
$2.01 M
settlement
M. T. was the victim of misdiagnosed lung cancer. After presenting to her family doctor and urologist for kidney stones in April, 2000, she was sent for a routine chest x-ray to clear her for a lithotripsy procedure. The radiologist saw a small questionable area of increased density in her left mid lung field and recommended further study via shallow oblique film, or chest CT scan. The report was received by her internist and urologist, but was not read for 16 months. At that time, M.T.’s condition had advanced, requiring that a portion of her lung be removed, and that she undergo chemotherapy and radiation for metastatic lung cancer.
$1.9 M
pre-trial settlement
The litigation team at Lawlor, White & Murphey in Fort Lauderdale, Florida obtained a $1.9 Million pre-trial settlement for a 56 year old woman struck by a car. The victim sustained multiple open fractures of the lower extremities and did not have distal pulses in the lower extremities or the left upper extremity at the scene of the accident. After being rushed to the hospital, she underwent multiple emergency surgeries to save her limbs, and months of in-patient treatment thereafter. The victim’s past medical bills exceeded $446,000. She is expected to live with severe disabilities for the rest of her life.
$1.7 M
pre-trial settlement
In 2001, Plaintiff was driving his Nissan Pathfinder on Florida Avenue in Tampa, Florida when Travis Noblitt exited a parking lot and struck the side of Plaintiff’s vehicle causing it to turn on its side. Plaintiff’s left arm was resting on the window at the time of the crash and the vehicle landed on top of the arm, causing a near-amputation crush injury. Plaintiff and his wife owned a cleaning company that they were forced to sell after Plaintiff could no longer work.
$1.5 M
settlement
Medical malpractice case for the delayed diagnosis of prostate cancer. Howard Pomerantz and Ben Murphey handled the case at the United States District Court/Southern District of Florida which was settled on 4/9/2021.
$1.3 M
settlement
Several young people were murdered in an apartment complex. The complex had a history of crime and the management had failed to take appropriate steps to improve the security and provide the safe living conditions that it advertised to its tenants. We represented the family of one of the victims. The complex and its insurance company refused to accept responsibility for the murders. After years of litigating the case, a settlement was reached on the eve of trial.
$1.3 M
verdict
Late one night our client was working as a heavy-duty tow truck driver on the side of I-95. Two cars were involved in a lane change accident. One car caused the other to spin out of control. The other car crushed our client between the car and the tow truck. Our client suffered multiple broken bones in his leg and pelvis. He went through a long painful recovery and had to take a lower paying job because he could not keep up with the physical demands of being a tow truck driver. One of the cars in the accident was a service loaner from a local dealership. The dealership argued the Graves Amendment prevented our client from suing the dealership. We obtained what appears to be the first ruling on this issue in Florida. The court ruled the Graves Amendment does not apply to service loaners. The jury’s verdict made up for our client’s lost wages and the harm he suffered.
$1.25 M
verdict
Multiple defendants misdiagnosed D. M.’s adrenal cortical cancer which, ultimately, resulted in his death at age 32. D.M. left behind a widow and three-year old son. The verdict was reduced by 50% comparative negligence. The Defendant Physician only held a $250,000 policy of insurance and his insurer, rather than defend a Bad Faith action, paid the Judgment.
$1.1 M
settlement
A store in Key West had broken bricks on the steps at the store’s entrance. The bricks were damaged over time by delivery men dragging heavy hand trucks up the steps. Rather than fix the bricks, the store exposed the public to the danger of falling on the bricks. Our client was vacationing in Key West and when she exited the store she lost her footing on the bricks and tore several ligaments in her ankle. She developed RSD/CRPS that spread from her ankle to her upper body and face. The case settled during litigation and the store had a new entrance built that was safe for people to walk on.
$1.03 M
verdict
B. B. was a guest at defendant’s nightclub when he was attacked by club employees, and suffered a traumatic brain injury.
$1.02 M
recovery
A gas station made changes to the entrance of its property and was supposed to repair part of the sidewalk, but it failed to do so. A young child was skateboarding down the sidewalk when his skateboard wheel caught in the damaged sidewalk. He was thrown into the street, hit by a car, and suffered serious personal injuries. The settlement represents the policy limits of the defendants. The damaged sidewalk was finally repaired.
$925 K
settlement
Two Broward County businessmen hired a lawyer (who claimed to be very knowledgeable on healthcare law) to help them organize a business in the healthcare industry. The lawyer failed to properly structure the business and advise the men on the laws and regulations that applied to their proposed business. The lawyer’s actions caused the men to be investigated by the federal government, to incur significant attorney’s fees in defending the federal investigation, and ultimately lose their business. When questioned about his actions, the lawyer invoked his Fifth Amendment right to remain silent. The lawyer’s insurer ultimately tendered the remaining limits of his $1,000,000 wasting policy.
$900 K
judgement on policy
B. P. suffered severe brain injuries in a terrible automobile accident. Mr. P.’sright of way was violated by Sharon Turner, who was under the influence of multiple medications, including psychotropics. Ms. Turner’s insurance company failed to tender payment of her $25,000 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.
$890 K
settlement
K. H. was 25-years old when the defendant driver, while in the course and scope of his employment with Trugreen, ran a red light as she was making a left turn. Ms. H.‘s injuries resulted in torn labra in both shoulders, and four unsuccessful surgeries attempting to repair same.
$837 K
pre-trial settlement
H.M. was riding his motorcycle on Federal Highway in Hollywood, Florida when he was cut off by a driver who was driving a BMW leased for him by his company, Mazel & Co., Inc. HM suffered multiple injuries, including a broken back which required surgery and implantation of Harrington Rods fusing his entire lumbar spine. Handelman was arrested for DUI at the scene of the accident, but charges were subsequently dropped due to the termination and arrest of the investigating officer in an unrelated matter. Notwithstanding, Lawlor, White & Murphey was permitted to bring a claim for Punitive Damages against both Handelman and Mazel & Co.
$837 K
settlement
Our client was struck on his motorcycle by a man driving a car leased by his employer. The accident left our client with a back injury that required surgery. The driver was arrested for DUI, but the charges were dropped because the arresting officer was caught falsifying a DUI claim in an unrelated case. Our client was allowed to make a claim for punitive damages against the driver and his employer. The client’s surgery corrected what could have been a life-threatening injury, but the client was not able to work like before the accident. A portion of the settlement was placed into an annuity and the client will receive a monthly check for the rest of his life.
$768 K
settlement
Our client was misidentified as being involved in a dispute in a nightclub. The club allowed the men who misidentified the client to leave first. The bouncers then put the client out an alley door where the men were waiting to attack him. Our client suffered a broken jaw that required hospitalization and surgery, and the jaw will cause him problems for the rest of his life. The client had no health insurance to cover his medical bills. After a four day trial, the jury awarded our client $668,471.08. Our client was also entitled to recover costs and some attorney’s fees. The Defendant posted a $768,000 bond, appealed the judgment, and lost the appeal. A significant amount of interest and attorney’s fees accumulated on the judgment by the end of the appeal, so the bond company paid the entire $768,000 bond to settle the case. The settlement allowed our client to pay all of his medical bills and put money aside for future treatment. He was also able to buy a home and get a fresh start on life.
$688 K
verdict
Our client was attacked at a local nightclub. The bouncers at the club knew that two other men at the bar had mistakenly thought our client had thrown a bottle in the club. The bouncers let the two men leave the front of the club and told them they were putting our client out of the back door in a few minutes. The two men were waiting outside the back door when the bouncers pushed our client out the door where the men were waiting. The bouncers watched as the two men beat and kicked our client. The entire incident was caught on video. Our client suffered a broken jaw and other injuries. The jury awarded our client $688,471.08. Our client also had a claim for attorney’s fees and costs against the club based on a proposal for settlement. After the club lost its appeal, the case settled for $768,000.
$610 K
recovery
N. O. was a 14 year-old passenger in her Grandparent’s car being driven by her father when he lost control and hit a tree. As a result, N.O. was paralyzed from the mid-chest down. The Defendant’s insurance company failed to investigate the matter for nearly one year pre-suit, and failed to timely offer their $10,000 limits of bodily injury coverage. As a result, N.O. sued her father and grandparents. Under Florida law, her recovery was limited to the policy amount as to her father, and to $600,000 as to her grandparents. The insurance carrier made the business decision to pay these capped amounts rather than litigate the inevitable bad faith case.
$450 K
recovery
R. P. suffered multiple fractured bones and lacerations when he rear-ended a Lyon’s tow truck which pulled out in front of him and stopped during rush hour on I-95 in Palm Beach County. Pre-trial, Plaintiff offered to accept $150,000 as full and final settlement. Defendant’s highest offer was $17,000. The jury returned a verdict in Plaintiff’s favor of $250,000 (which was reduced by 20% for Plaintiff’s comparative fault), and the Court entered an Order awarding Lawlor, White & Murphey $200,000 for attorney fees and costs due to the Defendant’s unreasonable rejection of Plaintiff’s pre-trial offer.
$400 K
settlement
Our client was a high wage earner who hired a Palm Beach law firm to represent him in a child support dispute. The law firm failed to properly defend the child support claim and failed to prepare for and prosecute the client’s position at the trial on the issue of the amount of child support owed. After significant litigation, the case settled for $400,000.
$355 K
judgment
Bay State Supermarket contracted for the sale of its business to JN Market. When JN Market failed to abide by the terms of the sales contract, Lawlor, White & Murphey pursued claims for breach of contract, violation of Florida’s Worthless Check Act, and breach of guarantee. The firm obtained a judgment in excess of $355,000.
$354 K
settlement
Our client was a handyman working at a strip mall. The strip mall instructed our client to remove boxes and other material collected by homeless people living in the bushes behind the strip mall. The strip mall failed to warn our client that the homeless people were known to be violent. Our client was attacked by one of the homeless people and suffered serious injuries. This case involved complex legal issues related to whether the strip mall was protected from our client’s claim by the workers’ compensation law. The case ultimately settled for $345,000.
$350 K
settlement
A Tampa woman was injured in a car crash and hired a lawyer to represent her. The lawyer failed to appear for a court hearing and the case was dismissed. The lawyer then failed to file the proper motion to get the court to reverse the dismissal of the case. The lawyer then compounded the problem by filing additional motions that further sealed the client’s fate. We were retained and convinced the lawyer and his insurance company to enter into an agreement tolling the statute of limitations on the legal malpractice claim and the claim was settled.
$345 K
settlement
A company failed to have workers’ compensation insurance for its employees who were involved in an auto accident. However, the company’s owner titled the truck the employees were riding in his name. A young man speeding in his father’s Corvette hit the truck and injured our client. Our client suffered multiple broken bones requiring surgery. The young man’s father had a $100,000 insurance policy and our client had $10,000 in underinsured motorist coverage. Rather than accept those policies, we looked for additional coverage. The insurer of the truck our client was injured in failed to have a proper rejection form for uninsured motorist coverage. Therefore, we were able to get another $100,000 from the truck’s insurance. We also learned the young man’s parents were divorced and he lived half of the year with each parent, so we recovered another $100,000 from the young man’s mother’s insurance policy. We also required financial affidavits from the young man’s parents and discovered the father was a high wage earner. We were able to recover another $35,000 personally from the young man’s father. Our client’s medical bills would have taken almost all of the $110,000 in initial coverage. By being patient and looking for additional coverage and assets, we were able to more than triple the client’s recovery and help him get through his injuries despite his employer not having workers’ compensation insurance.
$345 K
recovery
L. M. was a passenger in his employer’s truck being driven by a co-worker when it was struck by Christopher Page, who was driving his parents’ Corvette. As a result, L.M. suffered multiple injuries requiring surgery. The Defendants held a Bodily Injury policy of $100,000, and L.M. held an Uninsured Motorist policy of $10,000. Rather than simply accept those policies, Lawlor, White & Murphey worked to find additional coverage. As a result, an additional $100,000 was obtained from L.M.’s employer’s carrier for failing to obtain a valid UM rejection. Christopher Page’s parents were divorced and the firm successfully argued the single $100,000 policy limit should be doubled, ultimately recovering $100,000 on behalf of each parent. Before accepting the $200,000 from the parents’ insurance company, the firm required financial affidavits from each Defendant, which revealed the father was a high wage earner. Thereafter, he personally contributed an additional $35,000 to the settlement.
$328 K
settlement
Our client was a maritime worker who was attacked by a homeless man at a local yacht club. For years before the attack, the club had a problem with homeless people camping near the club and coming onto the club’s property to panhandle and steal from the yachts. The problem was so bad that the club would walk all of its female employees to their cars at night. The attack on our client was captured on video and helped prove the case that the club had time to prevent the attack and failed to do so. Certain issues in the case required our firm to litigate the case in Florida and another jurisdiction. Just days before trial was set to start, the case settled.
$309 K
verdict
Our client was waiting in an express check-out line at a nationwide store with her elderly parents when two other women in line began arguing with them over how many items they had. The verbal attack intensified over several minutes and finally the two women attacked our client and her parents. Even though the store had specific policies for situations like this, the store’s employees ignored the two women and allowed the attack to occur. Discovery revealed that the store had a nationwide problem with similar events for years before the attack on our client. During the trial of this case, a large newspaper published an article about this very problem at the store. The jury awarded our client damages and the case settled after trial without any appeal.
$305 K
settlement
A South American businessman and his wife were sued by two former nannies for unpaid overtime and other claims in federal court. The couple hired one of the largest law firms in the country to defend them. That firm failed to properly evaluate the nannies’ claims and advise the couple to settle the case. The firm also assigned three lawyers to the case who had never handled a single case with claims like the nannies were making. The firm failed to raise key defenses to the nannies’ claims, billed the couple more than $100,000 in legal fees, and lost the case. The nannies went to the press and the couple had to move from the area. The total value of the settlement was $305,670. The firm paid the couple $135,000 and waived its unpaid bill of $170,670. The firm still refused to admit any wrongdoing but the settlement gave the couple a sense of closure. The firm tried to add a confidentiality agreement to settlement but we were able to prevent that. Therefore, the couple will be able to tell anyone who brings up the news reports of the nannies’ claims that their lawyers paid them on their malpractice claim.
$302 K
settlement
The neighbor of our young client allowed children to play in her garage. However, the neighbor stored her heavy metal storm shutters standing up against the garage wall with nothing securing them. One of the children hit the shutters and they fell and gashed open our young client’s face and hands. Our client had extensive plastic surgery to correct the wounds to her face. The neighbor’s insurance company paid the full amount of coverage available under its policy on the home. Our client reimbursed her health insurance for the bills it paid and she bought a pre-paid college plan. The settlement helped her secure her medical and educational future.
$300 K
settlement
T. W. was jogging in his residential neighborhood when Feaman’s dog jumped on him, knocking him to the ground. As a result, T.W. injured his shoulder, which ultimately required replacement surgery.
$300 K
pre-suit settlement
M.H. was driving her car on Lake Worth Road in West Palm Beach FL, and was about to turn in to a local business’s parking lot when Michael Bonomolo failed to notice M.H.’s vehicle, and struck her from the rear. Bonomolo caused significant damage to Hernandez’s car, and an ambulance took M.H. to a local hospital from the accident scene. An MRI revealed the accident caused multiple herniated disks in M.H.’s back. M.H. underwent spinal surgery and suffered through more than a year of painful rehabilitation. During that time, M.H. missed a significant amount of work. M.H.’s attorney, Ben Murphey, sent Bonomolo’s insurance carrier a detailed demand package requesting a tender of Bonomolo’s policy limits. The recovery represents the carrier’s entire policy limit for Bonomolo.
$300 K
settlement
A man was not paying attention while he was driving and struck our client’s car from the rear. Her car was totaled and she was taken to the hospital for her injuries. An MRI showed multiple herniated discs in her back. Our client suffered through more than a year of painful rehabilitation and she missed a significant amount of work. The other driver’s insurance company settled our client’s claim for the full amount of his insurance policy. This case is a great example of how Florida’s laws regarding insurance bad faith resulted in the best possible settlement for our client.
$275 K
recovery
N. O. was a 14 year-old passenger in her Grandparent’s car being driven by her father when he lost control and hit a tree. As a result, N.O. was paralyzed from the mid-chest down. The Defendant’s insurance company failed to investigate the matter for nearly one year pre-suit, and failed to timely offer their $10,000 limits of bodily injury coverage. As a result, N.O. sued her father and grandparents. Under Florida law, her recovery was limited to the policy amount as to her father, and to $600,000 as to her grandparents. The insurance carrier made the business decision to pay these capped amounts rather than litigate the inevitable bad faith case.
$275 K
recovery
Mr. S. sustained a herniated disk in his neck faith case. resulting from a rear-end automobile collision. The Tortfeasor was without insurance and, therefore, Mr. S. filed a claim against his Uninsured Motorist Carrier. This case was settled in suit, after Mr. S. underwent cervical spine surgery.
$251 K
judgement
Dr. A worked for Advanced Orthopaedics under a written contract. When Advanced Orthopaedics failed to properly pay her, Dr. A sued her former employer for back wages. Mr. Murphey litigated this case to a jury verdict, and the jury awarded Dr. A every penny she claimed her employer failed to pay. This case represents Lawlor, White & Murphey’s ability to successfully litigate labor and employment cases.
$250 K
settlement
A Palm Beach County couple hired a law firm to handle a claim for damage to their home. Their insurance company went out of business and the firm was supposed to sue the Florida Insurance Guaranty Association. However, the firm filed the lawsuit a few days late. The firm knew about that mistake and other mistakes it made in other cases. However, the firm failed to tell its malpractice carrier about the possible claims when it applied for coverage. The carrier tried to deny coverage for all the claims. We litigated the case and it settled after a two day mediation involving many of the other clients harmed by the firm. The settlement allowed the clients to finish the repairs to their home and replenish the savings they used to start the repairs.
$250 K
settlement
The security guards at a local condominium allowed a guest to enter the condominium without calling the resident whom the guest was coming to allegedly visit. The resident wasn’t home and the guest entered the resident’s unit with a stolen key. The guest stole a large amount of jewelry and loose precious stones. The condominium refused to accept responsibility for the theft. We were hired and after extensive litigation, the case settled for $250,000.
$250 K
settlement
This was a wrongful death case against a cruise ship and its corporate officers. Our client’s husband had a heart attack while on the cruise. The ship did not have an automated external defibrillator and failed to call the U.S. Coast Guard to get the man back to shore for treatment, even though they called the Coast Guard to take a man with a broken leg back to shore just days before. The ship also sailed in strong seas without its main engine working and that slowed the return of the ship to port and decreased the man’s chance of survival. The ship was in bankruptcy, but we were able to lift the bankruptcy stay, make a recovery against an insurance policy, and give the family a sense of justice and a better understanding of what caused the man’s death.
$249 K
settlement
Three wheeled all terrain vehicles (ATVs) were popular in the 1970s and 1980s. Over time the four wheel design became more popular. One problem with the three wheel design is that it would often not turn safely in loose dirt and sand. That problem was called “plowing.” Our client was riding his friend’s three wheeled ATV when it plowed in loose dirt and caused him to hit a tree. He suffered a shoulder injury that required surgery. We were able to settle the case during litigation. The settlement allowed our client to repay Medicaid for the treatment it paid for and to set up a fund for his future needs.
$245 K
settlement
Our client was attacked by the bouncers at a local nightclub. We were hired just days after the attack and sent a letter to the club demanding that all video recordings from the attack be preserved. The club got our letter but failed to preserve all the video evidence. The club denied our client was ever in the club on the night of the attack but we discovered several witnesses who testified that our client was in the club and one of the witnesses even had a cellphone video of our client in the club on the night of the attack. The club tried to change its defense strategy after that evidence surfaced but ultimately paid $245,000 to settle the case.
$200 K
recovery
G. H. was rear-ended in his family van by Lisa Lipfield, who held a $25,000 policy of insurance. So great was the impact, that Mr. H. ultimately underwent cervical spinal surgery with discectomy and fusion. Ms. Lipfield’s insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $150,000 at mediation due to bad faith exposure. An additional $50,000 was paid by Mr. H.’s underinsured motorist carrier.
$170 K
settlement
Our client was vacationing in Florida from Philadelphia. She rented a wave runner on a local beach. Our client had no experience with wave runners and the rental facility failed to give her the pre-ride instructions required by Florida law. Because our client was not told about the effects of off-throttle steering in wave runners, she hit the anchor line of a boat moored off the beach and injured her throat and vocal chords. The injury required surgery and vocal therapy. The settlement will allow our client to continue her recovery. The case settled on the third day of the trial.
$132 K
recovery
G. Y. was rear-ended by Kyle Jurgens, who held a $25,000 policy of insurance. Mr. Y. ultimately underwent cervical spinal surgery with discectomy and fusion. The Jurgens’ insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $112,500 at mediation due to bad faith exposure. An additional $20,000 was paid by Mr. Y.’s underinsured motorist carrier.
$100 K
settlement
A man working as a lifeguard suffered a partial amputation of his right middle finger that was caused by a poorly designed handle on a surf rescue board. We ensured the board was preserved as evidence, and discovered similar injuries occurred before on similar rescue boards. We continued to investigate the case and were able to settle it without having to file a lawsuit. Because we did not have to file a lawsuit we were
CONFIDENTIAL
pre-trial recovery
Ms. G. delivered a baby girl, Brithney, with massive birth defects at home. After being transported to the NICU (Neonatal Intensive Care Unit) of BMH, Brithney lived for three days before dying due to her birth defects. Brithney’s body was taken to BMH’s morgue, and placed on the cooler floor. Thereafter, a BMH employee mistook Brithney’s remains for garbage, and incinerated it.
CONFIDENTIAL
pre-trial recovery
J. and D. H. were expecting the birth of their first child, a son to be named Danny, when they presented to PGH for a planned induction of labor. They arrived at approximately 12 midnight and were left unattended despite numerous pleas for assistance due to lack of fetal movement until 4:00am. By that time, Danny had died in utero from a massive feto-maternal hemorrhage. Shortly before settlement, the Court granted a rare Motion to Amend to Claim Punitive Damages against the Defendant.
CONFIDENTIAL
pre-trial settlement
Z. H. suffered birth related brain injuries due to the Defendant OB/GYN’s negligence.
CONFIDENTIAL
pre-trial settlement
G. C. was a business invitee at K-Mart when she slipped on laundry detergent leaking from an over-loaded pallet display. G.C. suffered severe back injuries which necessitated a surgical laminectomy with dorsal column stimulator implant for pain control. The implant failed, and was removed in a subsequent back surgery. The parties settled for a confidential amount prior to trial.
CONFIDENTIAL
pre-trial settlement
Jane Doe slipped off the broken bricks of the front steps of Little Switzerland and suffered torn ligaments in her ankle which led to rapid development of symptoms consistent with Reflex Sympathetic Dystrophy (RSD) also known as Complex Regional Pain Syndrome 1 (CRPS-1), a chronic pain syndrome that can be crippling. Over the course of three years, she was diagnosed by eight different physicians with RSD/CRPS in her left lower extremity which spread to her left upper extremity and her face. Her physical impairment was rated by as severe by physicians, and her symptoms were progressive in nature. The case was settled for a confidential amount at mediation prior to trial.
CONFIDENTIAL
settlement
Mr. G and Mr. M worked for Performance Power, LLC under a written contract of employment. After Mr. G and Mr. M separated from Performance Power, Performance Power sued them for violation of a non-compete agreement, copyright infringement, FDUTPA violations, among other things. In answering the complaint, Ben Murphey of Lawlor, White & Murphey filed a counter claim for the unpaid wages. After protracted litigation, the case settled for a confidential amount.
CONFIDENTIAL
pre-trial settlement
M. D. was the front seat passenger in a rental vehicle driven by a friend of his. The driver had been drinking, lost control of the vehicle and collided with a sign-post, killing himself and M. D., and grievously injuring the back-seat passenger. The defendant owned and operated a gas station that supplied beer to the underage driver.
CONFIDENTIAL
pre-trial settlement
A. T. was a Jones Act seaman on board the vessel Mariner of the Seas, when he fell down a narrow flight of stairs in the kitchen. A.T. suffered multiple disc injuries to his back that required extensive orthopedic treatment. The case settled for a confidential amount before trial.
CONFIDENTIAL
pre-trial settlement
A. B. was on a cruise with her husband when she slipped and fell on wet stairs on the vessel Enchantment of the Seas. Annette suffered multiple fractures to her left lower extremity. Royal Caribbean settled for a confidential amount.
CONFIDENTIAL
pre-trial settlement
G. Z. was a Jones Act seaman aboard the vessel Norway, when he was diagnosed with a pre-maxillary tumor. G.Z. required extensive medical treatment that included removal of the tumor through facial re-sectioning and multiple brain surgeries. After receiving treatment and maintenance and cure for more than a decade, Norwegian settled for a confidential amount.
CONFIDENTIAL
settlement
Our client was a Jones Act seaman working on a large ocean liner. He suffered a back injury when he fell down a narrow flight of stairs in the ship’s kitchen. He required extensive orthopedic treatment for his injuries. The settlement allowed our client to return to his home country in Europe and continue to recover from his injuries.
CONFIDENTIAL
settlement
Our client was working on a cruise ship when he was diagnosed with a jaw tumor. He was entitled to benefits under the maritime law and required multiple surgeries to remove the tumor and reconstruct his face. The client received maintenance and cure for more than a decade and was frustrated that he could not get the case settled. We took over representation of the case and settled it before trial.
CONFIDENTIAL
settlement
Our client was a passenger on a boat anchored at Peanut Island. She was relaxing with her hand slightly over the side of her anchored boat when a man operating another boat crushed her finger between the two boats. The man rented the boat from a local yacht club. The yacht club filed a limitation action in federal court. We filed a claim in the limitation action and settled the case at mediation. With the settlement, our client was able to reimburse her health insurance for the medical bills it paid. The client was also able to set aside money for her future needs.
CONFIDENTIAL
settlement
Our client was working on a luxury yacht owned by a United States Congressman. The yacht had a problem with a cabinet near a stairwell popping open. The problem was not corrected and our client was injured when the cabinet popped open and caused her to fall. The ship refused to make a reasonable settlement offer to the client. The client hired us and the case settled after we filed a lawsuit. The client was able to continue her recovery with the settlement and start her own business.
CONFIDENTIAL
settlement
An inventor from New England hired a Broward County law firm to patent his invention. The law firm failed to take the time to fully understand the client’s creation and to properly advise the client on how to best protect it. The law firm drafted documents that failed to provide the client with the greatest protection, and when a competitor brought a similar creation to market the client discovered the error made by the lawyers. The inventor losses were estimated to be millions of dollars. The lawyers denied any wrongdoing and claimed too much time had passed to hold them responsible. After a significant amount of litigation, the case settled for a confidential amount.
CONFIDENTIAL
settlement
A Broward woman was involved in multiple legal disputes and wanted to protect some assets. She hired a law firm to review several complex financial documents. The lawyer told the client he knew how to accomplish her goal quickly. The lawyer filed a lawsuit that was dismissed. Instead of learning from that mistake, the lawyer filed the lawsuit again. The lawyer’s plan of action was contrary to clearly established law. The lawsuit failed to accomplish the client’s goal and caused the client to pay a large attorney’s fee to the institution that was sued. As a final insult, the lawyer claimed the client owed him money for the bad advice. The case settled for a confidential amount.
CONFIDENTIAL
settlement
A Broward woman was injured in a car crash and hired a local lawyer to represent her. The lawyer knew the woman did not want to litigate her claim. The lawyer settled the woman’s claim without her knowledge. When she called to check on the status of her case, the lawyer lied to the woman and said that some money was offered to settle her claim. The amount he told her was less than what the lawyer had received (without her consent). The client unknowingly agreed to the lower settlement amount. The woman later discovered the lawyer’s lie during a random conversation with her insurance company. The lawyer settled the case for a confidential amount and surrendered his law license.
CONFIDENTIAL
settlement
A Boca Raton woman hired a Palm Beach County law firm to represent her in a high-value divorce case. The law firm grossly overbilled the woman. The woman asked the firm to reduce its bills and refund a portion of the fees she paid, but the law firm refused. We were hired, sued the law firm, and case quickly settled under confidential terms.
CONFIDENTIAL
settlement
Our client was injured in a car crash and hired a lawyer to represent her. The lawyer filed a lawsuit but failed to prosecute it. The court notified the lawyer it was going to dismiss the lawsuit. The lawyer failed to take appropriate action and the court dismissed the case. By that time the statute of limitations ran on the client’s case. The lawyer did not realize that and re-filed the lawsuit. The defense attorney did not notice the statute of limitations ran and answered the lawsuit. Amazingly, the lawyer failed to prosecute the second lawsuit and the court dismissed it again. The case settled for a confidential amount that allowed the client to recover the damages caused in the auto accident.
CONFIDENTIAL
settlement
Our client was involved in a car crash and hired a lawyer to represent him. The car crash gave rise to several claims against several defendants. The lawyer filed suit and went to trial. However, during trial, the lawyer made several decisions that negatively affected the outcome of the case. The lawyer also failed to tell the client about the availability of Legal Fee Guard, an insurance product that can reduce the risk of a proposal for settlement served in a case. The case settled for a confidential amount after suit was filed.
CONFIDENTIAL
settlement
A client was injured in a car crash and hired a local lawyer to represent her. The lawyer lied to the client about the amount of the insurance company’s settlement offer. Not knowing she was being lied to, the client agreed to settle the case. Long after the settlement, the client learned that the lawyer lied about the amount of the offer and confronted the lawyer. The lawyer denied everything and refused to pay the woman the difference of the money kept by the lawyer. We were hired and resolved the case in short order.
CONFIDENTIAL
settlement
A woman was injured in a car crash and hired a lawyer who filed a lawsuit. Thereafter, the woman filed for bankruptcy and her lawsuit became the property of her bankruptcy estate and was controlled by the bankruptcy trustee. The lawyer allegedly settled the woman’s injury lawsuit without the bankruptcy trustee’s permission. The trustee hired us to pursue a legal malpractice claim against the lawyer and the case settled.
CONFIDENTIAL
settlement
This was another tragic case involving multiple murder victims at a local apartment complex. This property also had a history of violent crime and the management also failed to take appropriate steps to improve the security and provide the safe living conditions that it advertised to its tenants. We represented the family of one of the victims. The complex and its insurance company refused to accept responsibility for the murders. The case settled for a confidential amount.
CONFIDENTIAL
full award of benefits
H. W. was a longshoreman working at the Port of Miami when he was injured in a chemical spill. His employer denied both that the accident occurred and that H.W. needed medical treatment. After a hearing before the U. S. Department of Labor, Herman was awarded benefits under the Longshore & Harborworkers Compensation Act.
CONFIDENTIAL
settlement
A chain of South Florida medical clinics were overcharging patients for copies of medical records and our client was one of the victims of the overcharging. A class action lawsuit was filed against the medical clinics under Florida’s Deceptive and Unfair Trade Practices Act. We were able to get the medical clinics to refund 100% of the amount it overcharged each class member and pay our attorney’s fees and costs separately. Therefore, the class members did not pay any attorney’s fees or costs from their refunds. The settlement also benefits other members of the community because the medical clinics agreed to never overcharge for medical records in the future.
CONFIDENTIAL
settlement
A Fort Lauderdale towing company had a policy of only accepting cash from people whose cars were towed. The towing company also refused to provide change when people would pay to pick their cars up. A class action lawsuit was filed against the towing company. We were able to get the towing company to refund the illegally withheld change, post a sign in its lobby informing towing victims of their rights, and the company agreed to stop its illegal practices. The settlement will protect all future people whose cars might be towed by the company. The towing company also agreed to pay our attorney’s fees which further benefited the class members.
Appeal
space 34, llc v. lopez
This was an appeal of a judgment entered after a jury trial. During the trial, the court limited the testimony of one of the defendant’s experts. The defendant also claimed we made improper closing arguments and there were errors in the jury instructions. The Third District Court of Appeal quickly issued a PCA which means it affirmed the judgment without an opinion. The client collected every penny of the judgment. 2014 WL 1493563 (Fla. 4th DCA April 16, 2014).
Appeal
bender v. caregivers of america, inc.
A nursing agency sent our client a home health aide who was supposed to drive our client around town. The brakes on the aide’s car were not working properly and our client was injured in an auto accident. We sued the nursing agency and it argued it was not liable based on documents the client signed. The trial court entered summary final judgment for the nursing agency. We argued the documents were no defense to our client’s negligence claims. The Fourth District Court of Appeal agreed ruled an agreement to release someone from a future claim of negligence must include the word “negligence.” 42 So. 3d 893 (Fla. 4th DCA 2010).
Appeal
ginsberg v. northwest medical center
Our client sued a doctor, the doctor’s employer, and the hospital when he lost a kidney during a stone removal procedure. The trial court granted summary final judgment for the hospital on the client’s agency claims because of documents the client signed when he was in excruciating pain and on pain medicine. The forms stated in small print the hospital was not responsible for the doctor, even though the facts suggested the doctor was acting for the hospital. The trial court also improperly relied on unauthenticated documents when it entered the judgment. The Fourth District Court of Appeal reversed the trial court’s ruling. This case should have far-reaching consequences regarding hospitals that try to avoid liability for the doctors who practice in them. 14 So. 3d 1250 (Fla. 4th DCA 2009).
Appeal
bender v. f.h.c.s., inc.
This was another appeal of a different defendant in Bender v. Caregivers. In this appeal, the trial court granted another summary final judgment based on the same defective agreement. Before the first brief was filed, we told F.H.C.S. the prior ruling in Bender v. Caregivers made this appeal frivolous, and we would seek sanctions for the frivolous appeal. In a rare move, F.H.C.S. filed a Confession of Error in the appellate court and our client won the appeal. Many appeals to the Fourth District Court of Appeal take more than eighteen months for a decision. Mrs. Bender was in her nineties and this was the second appeal in her case. Waiting that long for another decision was not an option. 46 So. 3d 1108 (Fla. 4th DCA 2010).
Appeal
guarneri v. nussbaum
Our client sued a doctor for medical malpractice committed during surgery. After months of litigation, the trial court struck the doctor’s pleadings for multiple discovery violations. The doctor appealed the ruling to the Fourth District Court of Appeal. We argued the court lacked jurisdiction to hear the appeal. The Fourth District Court of Appeal agreed and within two weeks of oral argument it dismissed the case lack of jurisdiction. 40 So. 3d 925 (Fla. 4th DCA 2010).