Category: verdicts-and-settlements

Fort Myers Attorneys Obtain Defense Verdict in a Construction Defect Case

Posted in Verdicts and Settlements on October 5, 2023

Cris Casal, partner, and Glenn Gunsten, associate, from the Fort Myers office obtained a defense verdict on behalf of a grading subcontractor in a defense and indemnity jury trial on a construction defect claim in Collier County, Florida. The general contractor filed a third-party claim in which it sued all of the subcontractors whose scope of work was purportedly implicated in the underlying suit with the homeowner. The lawsuit was the culmination of six years of litigation in which all of the named subcontractors settled their claims against the general contractor prior to trial, except for the grading subcontractor. The jury deliberated for slightly more than an hour before returning with a defense verdict in favor of the grading subcontractor. The grading subcontractor will now seek to collect attorney’s fees and costs stemming from a rejected Proposal for Settlement that was served more than four years ago.  

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Tallahassee Attorneys Prevail on Florida’s “Stand Your Ground” Law

Posted in Verdicts and Settlements on September 19, 2023

Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a Motion to Declare the Defendant Immune from Civil Action pursuant to Florida’s “Stand Your Ground” Law. Mr. Canton and Mr. Hales successfully argued that while there was an altercation at the Defendant’s place of employment, Defendant had no duty to retreat, Plaintiff’s spittle and forehead hit the Defendant and placed the Defendant in imminent fear for his safety, and the Defendant was immune from prosecution as he was authorized to stand his ground and use non-deadly force when he struck Plaintiff.

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Summary Judgment Secured in Slip and Fall Case

Posted in Verdicts and Settlements on June 29, 2023

Jeffrey Rubin, a partner in the firm’s West Palm Beach office, recently prevailed on a motion for final summary judgment in a slip and fall case in Volusia County, Florida. The Court found that our client, a painting contractor, did not owe the Plaintiff a duty of care. The court also determined that our client did not proximately cause the Plaintiff’s alleged damages, injuries or losses.

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Hinda Klein Obtains Reversal of a Directed Verdict on Causation

Posted in Verdicts and Settlements on May 19, 2023

Hinda Klein, head of the firm’s appellate division, was successful in obtaining a reversal of a directed verdict on causation in a case before the new Sixth District Court of Appeal.  The case involved a 24-year-old Plaintiff who was in an accident with our client and claimed to have suffered serious low back injuries.  The Plaintiff did not complain of back pain in the emergency room, did not seek medical attention for his back pain for about 18 days after the accident and was previously and subsequently engaged in rowing crew competitively.  In addition, the Plaintiff had consulted a chiropractor before the accident for low back pain and did not complete his course of treatment.  The trial court directed a verdict against the defense on the ground that no expert testified that the Plaintiff had not suffered some injury in the accident. 

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West Palm Beach Attorneys Prevail on their AOB Motion to Dismiss

Posted in Verdicts and Settlements on May 12, 2023

West Palm Beach attorneys Melissa G. McDavitt and Brittany N. Jones, prevailed on their Motion to Dismiss Plaintiff’s Complaint with Prejudice in an Assignment of Benefits (AOB) case.

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