News & Events

Jacksonville, partner John Viggiani and attorney Jeffrey A. Yarbrough along with Jesse Dyer, an appellate litigation support attorney, prevailed on a motion for summary judgment in a negligent security case in Duval County, Florida. 

Partner, Melissa McDavitt and Associate, Madison O’Connell in the West Palm Beach office defeated Plaintiff’s decade old claim for PIP benefits. Shortly after the carrier’s notice and investigation of the claim, the policy was rescinded for a material misrepresentation on the application for insurance. The Plaintiff, a medical provider, claimed its treatment was related to the accident, reasonably priced, and medically necessary. The Defense Attorneys not only decimated the Plaintiff’s case in chief and medical expert testimony, they successfully demonstrated the named insured made material misrepresentations on the application of insurance by failing to list a regular driver of the insured vehicle, rendering the policy void. Before the case went to the jury, Defendant argued and received a partial directed verdict as to the material misrepresentation defense.  In less than thirty minutes, the jury returned an unequivocal verdict for the defense on the remaining issues.  

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, obtained a defense verdict in a trip and fall case in Sarasota County where they represented a general contractor. The Plaintiff alleged that she was unable to perceive a step in a recently built walkway because it was not painted yellow which caused her to trip over it on her way into the building. Plaintiff alleged that the shade pattern from the landscaping in the area combined with the lack of contrast between the step and the rest of the walkway made it a dangerous condition.  Six weeks before the accident, Plaintiff had undergone a partial right knee replacement. She claimed that her partial knee implant loosened as a result of the fall and necessitated revision total knee surgery.

Fort Myers managing partner, Cristobal Casal, and attorneys Holly Paar and Piero Sotomayor recently prevailed on a Motion for Summary Judgment in which Defendant argued that Plaintiffs’ Notice of Intent to Initiate Litigation failed to comply with Florida Statute 627.70152  The Court agreed that Plaintiffs’ failure to specify and itemize their damages, attorneys’ fees, and costs and include a disputed amount as required by the statute meant that Plaintiffs failed to comply with a condition precedent prior to filing their lawsuit. 

Noelia C. Vaccaro recently prevailed on a motion to dismiss in an AOB case in Hillsborough County, in which the Plaintiff filed a breach of contract based on an alleged assignment of post-loss benefits (AOB) executed by the insured on February 10, 2021. The AOB is governed by section 627.7152, Florida Statutes, which requires all assignment agreements executed on or after July 1, 2019, to include specific elements for validity. Defendant argued the AOB did not comply with the statute because it lacked a written, itemized, per-unit cost estimate of the services to be performed, attaching only invoices for services already completed. The Court agreed with the Defendant, finding that the AOB was invalid and unenforceable because it did not include the required itemized cost estimate for future services, per section 627.7152(2)(a)4.