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Quarterly Newsletter - Winter 2016

Posted in Newsletters - 2016 on December 20, 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

Posted in Newsletters - 2016 on December 12, 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

Posted in Newsletters - 2016 on November 16, 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

Posted in Newsletters - 2016 on August 30, 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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The First District Court of Appeal affirmed the JCC'S final order in Gearhart v. Securitas Security Services USA/Sedgwick CMS

Posted in Newsletters - 2016 on August 25, 2016

The First District Court of Appeal has already affirmed the JCC'S final order in Gearhart v. Securitas Security Services USA/Sedgwick CMS, which was handled before the JCC by Partner Chris Tice, of our Jacksonville office and argued  at the Workers' Compensation Convention (Wednesday, August 23) by Partner Hinda Klein of our Hollywood office.  The case involved the issue of whether the claimant's total knee replacement was caused by his industrial accident, in which he twisted his knee and tore his meniscus.  After the claimant underwent arthroscopic surgery to repair the meniscus, he had a total knee replacement of the same knee, which, he argued, was caused or exacerbated by his accident. 

 

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