Defense Verdict Obtained in Lawn Mower Accident

By March 17, 2017 Verdicts and Settlements

Michael J. Paris and Seth R. Goldberg, both partners in the Hollywood office, obtained a defense verdict in the case of Palis v. Billy Goat Industries and Florida Outdoor Power.

In 2008, Plaintiff purchased a Billy Goat “Finish Mower” lawn mower to use in her new landscape business and she used it as her primary mower until sometime in 2009 when she bought a bigger, more expensive riding mower and the Billy Goat became her back up mower.  On July 5, 2014 the plaintiff was using her Billy Goat finish mower to cut long wet grass and the mower kept clogging up. In violation of the manual and warnings therein, the plaintiff placed her right hand below the cutting deck without turning off the mower on nine occasions without incident.  On the tenth time, she severed a portion of her right thumb and damaged her index and middle finger. 

The plaintiff alleged that the Billy Goat mower was defective, that it did not adequately test the mower before putting it on the market, and that it did not use what its own expert believed were state of the art components.  This resulted in the stopping time of the blades exceeding the ANSI standard of 7 seconds as well as the manufacturer’s statement that the blades would stop within 5 seconds from the time you release the lever that controls the cutting blades. 

Plaintiff claimed over $200,000 in past medical bills for 7 surgeries, and asked the jury for one to two million dollars, arguing that the jury should or could forgive the plaintiff for her conduct. 

The defense claimed that the mower had not been properly maintained and proved at trial through its expert that if properly maintained, the mower’s cutting blades would stop within 1 second.  The defense also argued that the Plaintiff read all of the warnings and the manual and she admitted that she understood them.   Plaintiff’s theories of liability were strict liability for design and warnings, and negligence in the design and warnings.

The jury deliberated for slightly more than 2 hours, after which it returned a defense verdict on all counts. 

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South Florida Legal Guide Recognizes Conroy Simberg as a 2017 Top Law Firm and three of the firm’s partners as Top Lawyers

By March 2, 2017 Announcements

We are pleased to announce that our firm has been listed in the Top Law Firm category and three of our South Florida partners have been included in the 2017 edition of the South Florida Legal Guide. The Top Lawyer and Top Law Firm listings are published annually and are based on peer nominations. Nominees then are evaluated on accomplishments and individual credentials prior to being named to the list. 

  • Jonathan C. Abel – Medical Malpractice – Defense, Product Liability – Defense
  • Scott D. Krevans – Insurance Litigation – Defense, Personal Injury and Wrongful Death – Defense
  • Bruce F. Simberg – Product Liability – Defense, Construction Litigation 
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Conroy Simberg is pleased to announce that Seth Goldberg has become an equity partner in the firm

By January 25, 2017 Announcements

Seth Goldberg has been with the firm since 1995 and practices in the firm’s Hollywood office. He has a diverse trial practice representing insurance companies and has tried cases throughout Florida. He is admitted to practice before all Florida state courts and the United States District for the Southern and Middle Districts of Florida.

Seth earned his Juris Doctor, magna cum laude, from Nova Southeastern University and his undergraduate degree from Arizona State University.

 

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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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