Final Summary Judgment Obtained in Favor of a Marina

By January 5, 2017 Newsletters - 2017

Joseph M. Sette, a partner, and Andrew S. Bruce, an associate, in our Fort Myers office, recently obtained final summary judgment in favor of a marina.

The matter arose from the Plaintiff docking his 110 foot motor yacht at the Defendants’ marina and leaving the yacht unattended for a period of six months.  Upon return, the Plaintiff found that a non-marina employee, to whom the Plaintiff had provided keys to the vessel, had stolen numerous personal items from the vessel, removed the navigation equipment, and stripped the vessel of numerous structural components allowing water infiltrate the hull and causing the proliferation of black mold throughout the vessel which was alleged to cause the Plaintiff’s toxic mold sickness.  Thereafter, the Plaintiff encountered another individual attempting to remove items from the deck of the boat and a physical altercation ensued in which the Plaintiff sustained multiple injuries including injuries to his cervical spine, right knee, right ankle, both hands, both wrists, lost teeth and a fractured jaw. The Plaintiff alleged the Defendant failed to maintain the marina in a reasonably safe condition, allowed a dangerous condition to exist, failed to warn of the dangerous condition, unlawfully seized the Plaintiff’s zodiac, and allowed the Plaintiff’s 110 foot motor yacht to be vandalized and take on water leading to the sinking of the vessel. Plaintiff incurred over $150,000.00 in medical specials, $180,000.00 in wage loss and over $3,000,000.00 in claimed property damage.  

The Defendant sought summary judgment and entitlement to attorney’s fees and costs based on the Boat Space rental agreement which contained a hold harmless and indemnification clause in favor of the marina. The trial court granted final summary judgment and entitlement to fees and costs in the Defendants favor. 

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Quarterly Newsletter - Winter 2016

By December 20, 2016 Newsletters - 2016

We are pleased to announce that our 2016 Winter e-Newsletter has been published. Please take a few minutes to read it as it contains resource information on new case law updates, including liability insurance and workers’ compensation topics. The e-Newsletter also provides updates on individual and collective results secured by Conroy Simberg. Please check back often for news about our caseload and successes.

For additional information on a specific topic within the e-newsletter, please contact us at: csg@conroysimberg.com

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Defense Verdict Obtained in Homeowner’s Insurance Breach of Contract Hail Case

By December 12, 2016 Newsletters - 2016

On December 7, 2016 – (Flagler County, FL) Robert Horwitz and Jeffrey Blaker were successful in defending a homeowner insurance breach of contract action where the insured sought a total roof replacement and interior ensuing damages as result of an alleged 2013 hail storm.  The trial included extensive expert testimony involving competing scientific evidence on the formation, tracking and severity of storms/hail, as well as forensic evaluation by licensed roofing contractors on roof damage to determine cause and origin.  The defense was successful in establishing through an expert meteorologist that little to no hail fell at or near the insured’s home during the storm.  In addition, the defense was able to use its roofing expert to explain the alleged damage to the roof as not related to any storm/hail event during the policy term and the fact the roof was not in need of replacement. The Jury determined there was no sudden and accidental  loss to property during the policy term. 

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Defense Verdict Obtained In Palm Beach County Case Involving A Slip And Fall Accident

By November 16, 2016 Newsletters - 2016

Thomas J. McCausland, a partner, and Evan Roberts, an associate, in our Hollywood, Florida office, recently received a defense verdict in the case of Ronald Rokoff and Erlene Rokoff v. Water Bagels 247, LLLP.  The Plaintiffs claimed that the Defendant restaurant was negligent in not properly mopping the floor, which caused Mr. Rokoff to slip and fall and hit his head. The incident occurred approximately two months after Mr. Rokoff had a shunt implanted in his brain to combat the effects of Normal Pressure Hydrocephalus.  The Plaintiffs also claimed that the fall resulted in a mild traumatic brain injury that exacerbated Mr. Rokoff’s significant pre-existing medical conditions, erased the gains realized from the shunt implantation, and caused his health to significantly deteriorate.  The Defendant, however, produced the former employee who had mopped the floor; she testified as to her method of mopping and that she did not mop where Mr. Rokoff claimed to have slipped.  The former restaurant manager witnessed the accident, and testified that Mr. Rokoff had been walking extraordinarily slowly in moments beforehand.  When he ran to the area immediately after the accident, the former manager testified that the floor was dry except for the drink that Mr. Rokoff spilled when he fell.  The Defendant showed the jury that, at the time of the accident, Mr. Rokoff continued to suffer the effects of his Normal Pressure Hydrocephalus, was in physical therapy for that condition, and that the physical therapist noted that he had a significant risk of falling who exhibited periods of sudden loss of balance.  The Plaintiff asked the jury for well over $1.5 million and the jury came back with a defense verdict in an hour and a half. 

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Conroy Simberg will be a Platinum Sponsor of the 2016 CLM National Construction Claims Conference

By August 30, 2016 Newsletters - 2016

Conroy Simberg is a sponsor of the 2016 CLM National Construction Claims Conference, which will be held in the Manchester Grand Hyatt from September 28 - 30. The National Construction Claims Conference will address construction defect claims, as well as claims centered on construction site accidents/injuries, coverage issues, subcontractor issues, and new technologies. Sessions also will address issues on the national, regional, and state levels.

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