News & Events

Noelia C. Vaccaro, an attorney in the Hollywood office, and Maria S. Chapman, an attorney in the Tampa office, recently prevailed on a motion to dismiss in an Assignment of Benefits (AOB) case in Escambia County, in which the Court granted the Defendant's Motion to Dismiss with prejudice. The court ruled that the Plaintiff's AOB was invalid under Florida Statute § 627.7152 because it lacked a written, itemized, per-unit cost estimate of services to be performed — a statutory requirement for AOB validity. The court further determined that the deficiency in the AOB was an issue of standing that could not be remedied through amendment. Consequently, the Plaintiff’s Amended Complaint was dismissed. 

Hollywood partners Tom McCausland and Josh Nathanson, along with Amy Klotz, an appellate/litigation support attorney, secured a favorable result on an admitted liability motor vehicle accident. Our client was driving a box truck and reversed into the Plaintiff’s vehicle. Plaintiff waited twelve days to receive any treatment and then was involved in a second motor vehicle accident the day after his first appointment. He claimed neck and back injuries from the first accident and knee and shoulder injuries from the second accident. The judge granted a directed verdict on permanency and future medical bills. Opposing counsel asked the jury to award past medical bills in the amount of $120,000. The jury awarded $2,725, which should be reduced to zero.

Joshua C. Canton, managing partner of the firm's Tallahassee, Florida office, along with Justin B. Hales, a partner in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a case where the Plaintiff was physically battered by another employee by arguing the employer Defendant was immune from prosecution based on worker’s compensation immunity.      

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, secured a favorable jury verdict in an admitted liability trial for a slip and fall at a retailer in Florida.  The Plaintiff alleged that she sustained a traumatic brain injury as well as cervical and lumbar spine injuries when she fell and struck the back of her head twice near the entryway to the store.  The fall was captured on video and shown to the jury.  Plaintiff underwent testing that she argued confirmed the existence of a traumatic brain injury.  Plaintiff also contended that the fall aggravated pre-existing neck and low back conditions which made her a candidate for an anterior cervical disc fusion and discectomy.  The jury deliberated for almost an hour before returning a verdict for close to the amount offered at the start of the trial.  The jury rejected awarding any future damages for the Plaintiff. 

Rodney Lundy recently obtained summary judgment in a premises liability action in Hillsborough County, Florida, in which the plaintiff suffered injury when he ran into a sliding glass door at his in-law’s house. The trial court agreed that the homeowners did not owe a legal duty of care to the plaintiff because they did not by their conduct create a reasonably foreseeable risk of injury. The trial court also relied on public policy reasons and the adverse effect lawsuits may have on the family relationship.