Archive by Month: September 2014

Construction company found not liable for injury and subsequent death of thoroughbred horse

Posted in Newsletters - 2014 on September 26, 2014

John Howard obtained a defense verdict in the case of Radosevich v. Dreamstar Custom Homes, Inc.  Originally, the case involved issues of negligence, fraud, and breach of contract with regard to the construction of an equestrian estate in Wellington, FL. The case was  bifurcated by the court so that the negligence portion of the trial could be tried separately from the breach of contract and fraud claims.  In the negligence case the Plaintiff alleged that within 2-3 days of moving into the new equestrian estate, her prize-winning thoroughbred horse, a grandson of Secretariat, stepped on a piece of construction debris that had been negligently discarded by Dreamstar, which caused an abscess in the right front hoof, caused the horse to founder, and led to the ultimate demise of the horse by euthanasia in February 2009.  The Defense argued that the actual cause of the horse's injury and ultimate death was unknown and that there was no evidence that the horse stepped on construction debris, as opposed to any other object on the ground.  A Motion for Summary Judgment and Motion for Directed Verdict were denied by the Court, which held that the evidence was sufficient for the jury to draw an inference that the horse stepped on construction debris, which was the proximate cause of the horse's injury.  After deliberating for 45 minutes, the jury returned a defense verdict, finding that the Defendant was not negligent.

 

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PIP Defense Verdict for State Farm

Posted in Newsletters - 2014 on September 12, 2014

Edward Winitz, Partner and Scott Wachholder, Associate in our Hollywood office, obtained a defense verdict from a jury trial in a personal injury protection (PIP) case.  The issue was the medical necessity of a cervical spine MRI performed by the Plaintiff, MRI facility.  The claimant first sought treatment from a chiropractor 98 days post accident.  The chiropractor treated the claimant for 31 office visits before ordering the MRI, and 15 office visits after the MRI, despite the medical records indicating that the claimant was improving and stopped complaining of neck pain.

E-Alert_09-12-14.pdf

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Arbitrator Awards $0 In Property Damage Claim

Posted in Newsletters - 2014 on September 12, 2014

John Edward Herndon, Jr., Partner, in our Tallahassee office obtained an Arbitration Award in favor of Simmons Moving and Storage, Inc. on August 27, 2014 before Arbitrator Thomas Bateman in Tallahassee, Florida.  The Plaintiffs, Mr. and Mrs. Smith, contracted to store some of their personal belongings and furniture with Simmons in 1993. In 2012, the Smiths requested that their belongings be removed from storage and transported by a third-party moving company to their residence in Missouri. Upon arrival of the items at the Smiths' home in Missouri, the Smiths discovered substantial damage to most items of furniture and other property. The Smiths filed a lawsuit in Leon County, Florida, but agreed to attend Arbitration pursuant to the contract for storage.

E-Alert_09-12-14.pdf

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Quarterly Newsletter - Fall 2014

Posted in Newsletters - 2014 on September 1, 2014

We are pleased to announce that our 2014 September/October 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 or 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 newsletter, please contact us at: csg@conroysimberg.com

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