HomeMy WebLinkAboutR-95-0850J-95-1011
12/6/95
RESOLUTION NO. 9 5- 850
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY GEORGE P. VICANOVSKI, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $39,500.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN CIRCUIT COURT CASE NO. 94-07928 CA
08, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR
FROM THE INSURANCE AND SELF-INSURANCE TRUST
FUND, INDEX CODE NO. 620103-651.
WHEREAS, George P. Vicanovski, through his attorney, filed a
claim and lawsuit against the City of Miami, in the Circuit Court
of the iith Judicial Circuit, Case No. 94-07928-CA 08, for
alleged negligence arising out of an arrest and subsequent
automobile accident that occurred on March 3, 1992, approximately
at the intersection of S.W. 2nd Street and South Miami Avenue, in
Downtown Miami, Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorneys Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami Insurance and Self -Insurance
Trust Fund and said Offices recommend that said claim and lawsuit
be settled for the sum of $39,500.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMSSION
MEETING OF
DEC 0 7 1995
Resolution No.
95- 850
Section i. The Director of Finance is hereby authorized
to pay George P. Vicanovski, forthwith, without the admission of
liability, the sum of $39,500.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 94-07928 CA 08, upon the execution of a
general release, in a form acceptable to the City Attorney,
releasing the City of Miami from any and all claims and demands,
with funds therefor hereby allocated from the Insurance and Self -
Insurance Trust Fund, Index Code No. 620103-651.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this
ATTEST:
TER 'T. O
CITY CLERK
PREPARED ,XD APPROVED BY:
REN BITTNER
ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND:
CORRECTNESS:
A. Q7AANTTNCITY Y
v 40 /WB/bjr/bss
7th of December 1995.
STEIPHEN P. C K, MAYOR
.2-
BUDGE Y RE EW:
MANMAR S. SURANA
ASSISTANT CITY MANAGER
RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
95- 850
CITY OF MIAMI. FLORIDAA 2 0
INTER -OFFICE MEMORANDUM '
J-95- 1010
Tq Honorable Mayor and Members DATE Novem�-. ..; 28, 1995 FILE L•94133
of the City Commission
SUB.IECT Resolution Authorizing Settlement with
George P. Vicanovski
FgOM A. Ul JOn I REFERENCES.
C� i , City Commission Agenda
City Attorn ENCLOSURES December 7, 1995
(2)
Attached is a proposed Resolution authorizing the Director of Finance to pay George P.
Vicanovski, without admission of liability, the sum of $39,500.00, in hall and complete settlement of
any and all claims and demands against the City of Miami upon the execution of a Release of All
Claims, releasing the City of Miami from any and all claims and demands.
The complete evaluation of this claim is contained in the attached Tort Committee settlement
memorandum. In brief, the claimant was seriously injured in an automobile accident involving a City
of Miami Police Cruiser, in which he was a passenger.
This claim has been investigated by the Tort Committee and the Department of Risk
Management, and is hereby recommended by this Office.
citycom.doc
ex,za
95- 850
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Members of the Tort Committee DATE November 22, 1995 c tL-94-135
_:;GY Warren Bittner �= -' _
Assistant City �ttomey
��—
SUBJECT
George P. Vicanov5l:1
D/I: March 3, 1992
L/I: South Miami Avenue (Downtown)
REFERENCES Miami, Florida
ENCLOSURES
Claim No. 017N-92-162
CONFIDENTIAL: THIS DOCUMENT IS NOT SUBJECT TO DISCLOSURE
AS A- PUBLIC RECORD UNTIL SO NOTIFIED TO THE CONTRARY BY
THE CITY ATTORNEY'S OFFICE. This documents was prepared by the
Miami City attorney to reflect mental impressions, conclusions, and litigation
strategy in pending civil litigation involving George P. Vicanovski and the City
of Miami, Dade County Circuit Court, Case No. 94-07928 CA Olt. This
document is exempt from Public Records disclosure as an attorney work -product
until such time as ap litigation and administrative proceedings involving said
parties have been concluded. [Section 119.07(3)(n), Fla. Stat. (1991)].
REQUEST FOR SETTLEMENT AUTHORITY
STATUS:
l
This case is set for trial beginning the two (2) week period commencing January 8, 1996.
Mediation "was held on April 6, 1995, which was wholly unsuccessful and nonproductive. Upon
the motion of the plaintiff and consent of the City, the Court ordered the parties to mediate again,
which was held on November 17, 1995.
FACTS:
On March 3, 1992, the claimant was stopped in the Overtown Area on a minor traffic
infraction by Officer James Sayih. Because a routine license check disclosed a bench warrant
outstanding, the claimant was placed under arrest for transportation to the County Jail. The
claimant alleges that he was placed in the back seat of the police car in handcuffs and without any
seat belt. Enroute to the Jail, Officer Sayih observed a vehicle run a red light. Instead of calling
in the license tag and allowing another unit to handle the matter, Officer Sayih decided to stop the
offending vehicle himself.
In an initial attempt to pull the vehicle over, Officer Sayih testified that he flashed his
lights, the vehicle pulled over, and as Officer Sayih exited his car, the vehicle took off again
heading downtown. Although Officer Sayih claims he was only "following" the offending vehicle,
r,
95- 850 `5
Members of the Tort ConL _ ee
Re: George P. Vicanovski
and not "pursuing," the claimant portrays the incident as a "Starsky and Hutch" type chase, with
him sitting helplessly in the back seat being knocked all around the back of the patrol car. At one
point, when the police car and the offending vehicle were at the intersection of S.W. 2nd Street
and South Miami Avenue (on the downtown side of the Miami Avenue Bridge), the offending
vehicle made a sharp U-turn and purposely collided into the front of the police vehicle. As a
result of the impact, the claimant alleges that he hit his head on the partition that separates the
front seat from the back seat, causing a laceration to his forehead and bleeding. The claimant
denies that he had any pain in any other part of his body at that moment.
Since it was clear that the offending vehicle was not going to stop, eventually other
backup units came to the assistance of Office Sayih. Finally, as the offending vehicle approached
the bridge to the Port of Miami, near Bayside Marketplace, three other police units and Officer
Sayih's unit were able to surround the offending vehicle and force it to stop.
The driver of the offending vehicle was Tamy Lyn Migoski, a nursing student at the JMH
Nursing School. Ms. Migoski suffers from a bi-polar syndrome, a psychological disorder, which
was then out of control due to her failure to take her Lithium medication (she claims she was on a
medication holiday). She was Baker Acted that night, placed under arrest and charged with 9
traffic infractions. The State Attorney dismissed them all.
'The claimant was thereafter taken to the Dade County Jail and released.
MEDICAL:
The following day, the claimant says he woke up with stiffness in his neck and back,
numbness in both hands,, headaches and pain radiating into his left leg.. Within two to three days,
he claims the symptoms became increasingly more severe causing him to eventually see a
chiropractor, Dr. Stuart Sklarek., on March 17, 1992, two weeks following the accident. Dr.
Sklarek referred the claimant to an orthopedic surgeon, Dr. R. J. Trapana, for consultation on
August 12, 1992, who recommended continued chiropractic care at that time.
Because of the claimant's persistent complaints in his lumbar spine, Dr. Trapana obtained
an MRI (Magnetic Resonance Imaging) on March 12, 1993. The MRI revealed a mild herniated
disk at L5/S 1: According to the diagnostic radiologist, .Dr. Wycoff, this type of herniation could
be caused by either natural degenerative processes or by trauma. Further, Dr. Wycoff could not
give an opinion as to the length of time the claimant has had this condition. Finally, Dr. Wycoff
indicated that, according to recent medical literature, at least 25% of the general population with
this condition is completely asyptomatic, thus putting into question, the relationship between a
herniated disk and lower back pain. At the recommendation of the City's Uvffi physician, Dr.
Ramirez (who's findings are discussed below), the City had the MRI films reviewed by an
independent radiologist specializing in Magnetic Resonance Imaging (MRI), Dr. Kroenigsberg,
who agreed with the interpretation and opinions of Dr. Wycoff.
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Members of the Tort Con,..attee - ,
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Re: George P. V'icanovski 3
Based upon the finding of a herniated risk, Dr. Trapana recommended that the claimant
undergo surgery; Dr. Trapana has also rated the claimant with a 10-12% permanent impairment
of the body as a whole according to the AMA Guide.
The City's IME of the claimant, performed by Dr. Salvador M. Ramirez, on January 3,
1995, found that the claimant has soft tissue injuries superimposed on pre-existing degenerative
changes, with no clinical evidence of a herniated disc, no need for further medical treatment, and
no objective evidence of permanent impairment.
MENTAL:
In addition to , the treatment of his medical problems detailed above, the claimant also
sought psychological treatment for his mental problems allegedly caused by the incident.
Beginning on March 4, 1992, the day after the incident, the claimant began a series of 42
psychotherapy sessions' .with Dr. John Earls, Ph. D, psychologist. Dr. Earls diagnosed the
following conditions:
1. Chronic: anxiety with recurrent and intrusive recollections of the incident;
2. Sleep disturbances, i.e., insomnia and recurrent dreams which recreate the
incident of being apprehended and contained in a cage;
I 3. Claustrophobia, i.e., the irrational fear of being in closed spaces and the phobic
avoidance of situations or activities resembling or symbolizing the original trauma;
4. Poor concentration and a loss of perseverance, i.e., the inability to adhere to
schedules or fulfill commitments related to the completion of employment related
tasks;
5. Impairment of familial relationships;
6. Low self-esteem; and
�
7. Feelings of hopelessness.
g P
At deposition, Dr. Earl attributed all of these conditions to the incident at issue in the case.
In addition, Dr. Earl has recommended continuing therapy for an indefinite period of time.
DAMAGES:
A, PAST MEDICAL:
The claimant has incurred medical/mental specials as follows:
WR&TORTMEMIDOC
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11 /22/95
4
a. Dr. Sklarek (chiropractor) ........... $ 4,360.00
..........................
b. Dr. Trapana (orthopedic surgeon) ....................... 2,610.00
c. MRI Center........................................................... 3,500.00
d. MRI. Medical........................................................ 763.75
e. Dr. Earls (psychologist) ........................................ 4,335.00
f. Neurological Medical ........................................... 268.00
TOTAL PAST MEDICAL SPECIALS: .................... $15,836.75
B. FUTURE MEDICAL:
Dr. Trapana estimates the cost of his recommended future surgery as approximately
$121000.00, with hospital costs of around $25,000.00, and rehabilitation costs of about $3 -
4,000.00, for a total of nearly $40,000.00. Dr. Earls was unable to quantify the cost or length of
time necessary for future therapy.
TOTAL FUTURE SPECIALS: ....
...........................$40.000.00 (minimum)
There is no claim for lost wages in the case.
-ANALYSIS:
It is clear that Officer Sayih's first responsibility, under applicable Departmental Orders,
was to ensure the safety of the claimant then in police care and custody. Although Off. Sayih is a
fine officer, and had the best of intentions, by engaging the offending vehicle in a "following"
through downtown Miami, Officer Sayih unnecessarily exposed the claimant to injury and the City
of Miami to liability for negligence. The defense of comparative negligence is clearly not
applicable in this case.
In addition, Officer Sayih's characterization of these events as a "following" instead of a
prohibited "chase", will likely be unpersuasive at best to the jury.
Although the City has brought a third party claim against Ms. Migoski, the driver of the
"followed" vehicle, in an attempt to shift as much responsibility to her as possible, it is unlikely
that the jury will find her more than 20-30% responsible, if they find that her conduct contributed
to the claimant's injury at all. The argument is that, but for Officer Sayih's decision to "follow"
the offending vehicle, the claimant would not have been in a position to be injured in the first
instance.
At the initial mediation the City offered $24,999.99, which was rejected. The claimant's
lowest offer was $90,000.00, which was renewed after mediation in the form of an offer of
judgment. The Mediator, Allene Nicholson, advised me in confidence that the claimant may
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Members of the Tort Con. ee . 11 /22/95
Re: Creorge P. Vicanovski 5
consider $40-50,000,00. At the second mediation, the plaintiff offered $49,500,00, an amount
previously offered via an offer of judgment the City, which the City had earlier rejected. After
three (3) hours of negotiation, the plaintiff agreed to accept $39,500.00, which I recommend.
I
Although between the first and second mediations I learned that plaintiff was involved in
earlier incidents/accidents which could account for the herniated disk, plaintiff may still argue that
the subject accident caused an aggravation of the preexisting condition. In specific: (a) on
February 21, 1987, plaintiff was involved in a motor vehicle accident in which his vehicle was
rammed from behind and was treated by Dr. S. Nagaswami, who found pain and spasms in the
C4/5/6/7/8 and L3/4/5,regions; and (b) on June 14, 1986, plaintiff was assaulted by a salesman at
Zayres Department Store, who struck plaintiff over the head, arms, body and mid -section several
times with a baseball bat, and was again treated by Dr. Nagaswami and diagnosed with a
hyperflexion/extension injury to the cervical and lumbar spine. Unfortunately, Dr. Nagaswami
passed away several years ago, and is, consequently, not available to testify. I am uncertain
whether I can get his handwritten medical records into evidence without him. I did take the
deposition of his widow, who is purportedly the custodian of records.
If the jury believes that the claimant's herniated disc is either: (1) due to the accident with
Ms. N igoski's vehicle; (2) due to the claimant being helplessly thrown about in back of Officer
Sayih's police vehicle during the course of the "Starsky and Hutch" style "following"; or (3) an
aggravation of a pre-existing low back condition, a reasonable verdict could range between
$100,000 to 300,000.00.
A survey of 22 similar herniated disk injuries from Jury Trials and Tribulations, for the
period December 1992 through July 1995, reveals jury verdicts ranging from a low of $92,000 to
a high of $663,000 (See excerpts attached). The median verdict for the period surveyed was:
$281,826.40.
RECOMMENDATION:
In my opinion, based upon the severity of the injury claimed and the clear liability on the
part of the City, $39,500.00 is a very good settlement of this case. Authority to settle, subject to
City Commission approval for $39,500.00.
RO D/DISAPPROVED - Settlement as recommended above.
WMTORTMEMJAOC
95- 850
CH ISTOPHER F KUR ,
i its` ac City I to y
FORE
Assistant City Attorn
THERESA L. GIRTEN
Assistarrty Attorney
DAVID Z. ST
Assistant City Attorney
Review as to Content and Proposal:
FRANK K. ROLLASON, Deputy Chief
Chief of Risk Management
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95- 850
S
ITAP
iltrg trials anb 01ribWattans9
tic.
One Datran Center, Suite i'd400, 9100 South Dadeland Blvd., Miami, nodda 33156
Tel. (305) 670-9735 9 Fax (305) 670.6146
Published by: Mitchell Lipcon Edited by: Barbara Lipcon
Copyripflt 1995 Charles Lipcon Editorial Asst.: Teresa Miret
No part of this publication may be reproduced in any form
.whatsoever without orior oerrmsSjon of the copyright holder.
JULY 15, 199S
BADE COUNTY
YtiVERA v. FLORIDA EAST COAST RAILWAY COMPANY. (Dade County Case No.:
93-24041, Judge W. Thomas Spencer). Tried: February 13-23, 199S.
Plaintiff's Attorney: GARY EASOM •
Defendant's Attorney: ANDREW GRIGSBY
L ACTION; Train conductor. Plaintiff, a train conductor for the defendant, claimed
that he herniated a disc from his back during the performance of his duty as a train conductor.
The plaintiff claimed that his injury was caused by slack action, which is the negligent train
handling by the engineer: Defendant claimed that the plaintiffs injuries were caused by his own
negligence in failing to give correct car counts. DR. GARY LUSTGARTEN testified that the
herniated disc required surgery and that the plaintiff had a 10% disability. Plaintiffs economist
was GARY ANDERSON. Plaintiff's Expert Vocational Rehab witness was DR. SYD
RUDMAN. C.T KELVIE and MELVIN DAVIS testified for the defendant as to train handling.
DR. BASIL YATES testified for the defendant as a neurosurgeon. DR. STEPHEN NADLER
testified for the defendant as the orthopedic expert. MICHAEL MORGANSTEIN was the
Defendant's Vocational Rehabilitation Expert. The jury awarded $399,000.00 which was
reduced by $12,000.00 (by agreement of counsel); $100,000.00 was given for past economic
loss; $212,000.00 for future economic loss; $25,000.00 for past pain and suffering and
$25,000.00 for future pain and suffering.
Verdict for Plaintiff: $387,000.00.
95- 850
STEVEN EDWi RD ROSSBACH v. STATE FARM AUTOMOBILE INSURANCE
COMPANY and VERY TEJERA. (Dade County Case No.: 92-11380, Judge Rosemary
Jones). Tried: Aprdl 17-259 199S.
Plaintiff's Attorney: ROBERT ALAN ROSENBLATT
Defendant's Attorney: JAMES T. SPARKMAN
AUTOMOBILE ACCIDENT; Left turn. Plaintiff collided with as uuinsured vehicle who
made a left turn in front of him. Plaintiff claimed that he green ligPlain e,
a Sergeant with the Cityof Miami Folic: Dep it —b
at C4/C5. R.
RONALD TRAPANAtests iedplaintiff has a 1 disabili . DR. ROLNHARD
testified plaintiff has a permanent injury. The herniated disc was unoperated. State Farm called
an independent witness who testified that Plaintiff ran a red light. State Farm filed an Offer of
Judgment in the amount of $20,000.00. The jury found the uninsured driver 80 % at fault and
the plaintiff 20% at fault.
Verdict for Plaintiff. $200,000.00 (unreduced)
}
BRENDIA CAULEY v. STEPHAPIIE E. COOPER. (Dade County Case No.: 93-19324,
Judge Amy Steele Donner). Tried: April 26, 199S.
Plaintiff's Attorney: ROBERT ALAN ROSENBLATT
Defendant's Attorney: THOMAS P. MURPHY and GEORGE THOMAS GREEN
AUTOMOBILE ACCIDENT; Left turn. Plaintiff was a passenger in the defendant's vehicle.
PIaintiff claimed that the defendant failed to yield the right of way, while making a left turn.
Defendant admitted liability. Plaintiff, female, 39, claimed injury to her neck and back. DR.
�' ON SICI IOWS—ttified plaintiff has a 5 % disability. Defense Doctor, DR. WILLIAM
SCOTT PIPER, testified plaintiff has no disability. Plaintiffs medical bills totalled
approximately $1,750.00. The defendant filed an Offer of Judgment in the amount of
$2,001.00. The jury found no permanency.
Verdict for Plaintiff: $0.00
95-- 850
- • ,�. -..� yr.
JOSEE USHER v. COLONr.10'. P)7NN INSURANCE COMPANY, ELSIE and JIMMY
LEWIS, and DANNY HERR::.!..Ni.. (Broward County Case No.: 91-12091,
Judge Lavon Ward) . March 3, 1995.
Plaintiff's Attorney: MARVIN MODEL
Defendant's Attorney: JACK DONAHOE
M_VLTIPLE AUTOMOBIL$ ACCIDENT; Rear -end collisions. Plaintiff was
rear -ended by the Defendant Jimmy Lewis. Three weeks later she was
rear -ended by the Defendant, Danny Herrmann. Plaintiff relocated
to St. Louis where she was treated. She subsequently had two more
rear -end collisions, one of which resulted in a lawsuit in St.
Louis. Plaintiff, 35, female, tended to rented decorative plants,
suffered injuries to her. neck and back following the first
accident. She was treated at PEMBROKE PINES HOSPITAL. Thereafter,
she started treatment with DR. WAYNE CRAWFORD. Three weeks later,
she re -injured the neck with the second rear -end collision. A year
and a half after the second accident, she had an MRI which
confirmed a'small disk herniation at C5/6. Plaintiff also had a
positive MRI showing focal herniation at LS/S1. Plaintiff
underwent a lumbar diskectomy. Defense Doctor, DR. PAUL BAXT,
testified that non of the injuries were related to the first
accident and that the cervical MRI did not show disc herniation.
Defense Radiologist, DR. MICHAEL RASKIN, agreed with the
.Plaintiff's treating doctors that the cervical MRI did show a
herniation -in the _neck,. Plaintiff was treated by DR. WAYNE
CRAWFORD.and DR. NEIL BEINHACKER. Plaintiff claimed lost wages of
$5,300.00. The case was settled with HERRMANN for $20,000.00 and
with the Plaintiff's uninsured motorist carrier Colonial Penn for
$35000.00. The case proceeded to trial against the owner and
driver of the car in the first accident. Liability was admitted.
Verdict for Plaintiff: $100,000.00
GARY MANNING v. ALAMO RENT -A -CAR. (Broward County Case No.: 94-
10095, Judge George Broacher).
Plaintiff's Attorney: JOHN ELLIOTT LEIGHHTTON and IRA LENSP'IELD
Defendant's Attorney: WILLIAM SCHBRER and WALTER DJOKITCN
AUTOMOBILE/MOTORCYCLE ACCIDENT; Illegal turn. Plaintiff was on a
motorcycle when a vehicle, owned by the Defendant Alamo and rented
95- 850
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-'I.`�. • .�1L11
JOSEPH A. MENDOLERA v. WBSTFIB)a) IN,ISURANCS COMPANY. '(Sarasota Case
No.: 92-5620, Judge Durand Aemm).
Plaintiff's Attorney:
Defendant's Attorney:
H.V. DANNEMISSRR, III
ROBERT Z. MANSBACH, JR.
112ROPER Plaintiff, 42, male, window salesman, was
Northbound on U.S. 41 in the far right hand lane. He was driving
a vehicle owned by his employer. Traffic in the two lanes to the
left of him had stopped to allow another vehicle, operated by an
underinsured motorist, to make a left turn across the highway. The
underinsured motorist's vehicle collided with plaintiff's. Prior
to this action, plaintiff received the policy limits from the
underinsured's carrier. Plaintiff then filed a claim against the
Defendant for underinsured motorist coverage. Plaintiff contended
that in addition to the UM policy, his employer was also covered by
an -,excess indemnity Policy-" This would provide plaintiff with .
coverage in excess of the $250,000.00 limits of the UM policy.
Defendant denied that the excess coverage applied. Plaintiff
suffered herniated disc at L4/LS and LS/S1. He eventually had a
discectomy at LS/S1 but cannot have additional surgery in the
future due to chronic liver damage. Plaintiff's treating doctor,
DR. DAVID SEMIAN, Orthopedic Surgeon, testified that plaintiff has
a 9-10* disability. DR. STEVE PADAR, Neurosurgeon, Court Appointed
IME, was of the opinion that plaintiff sustained a 9% disability.
Plaintiff's other experts include DR. MITCHELL KURZNER (Orthopedic
Surgeon), S. JOAN FAUCHER (Accident Investigation, Florida Highway
Patrol), and RICHARD E. GOBLE, CPA who testified as to future
earning capacity). Defendant's expert was DR. MICHAEL P. SASSARIS,
Internal Medicine.
Verdict for Plaintiff: $500,000.00.
SANDRA COHEN-WBINMAN and ALVIN WEINMAN v. JOEL GOLDMAN and RICK
STARR LINCOLN MERCURY, INC. (St. Lucie Case No.: 93-1323, Judge
William Hendry).
Plaintiff's Attorney: LAWRENCE A. Fi3LLSR and JOHN D. MALLAH
Defendant's Attorney: H. RANDAL BRZNNAN for Goldman
ALLEN C. SANG for Rick Starr
95- 850
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er 39, 19-9t --TXJ
JOHN LOFTUS v. SUPERIOR ELECTRICAL CONTR. INC. (Dade Coua�ty
Cane No.: 94-8972, Judge Jahn Gordon).
Plaintiff's Attorney: HERMAN M. KLEMICK and ROSS BENNETT GAMPEL
'Defendant's Attorney: TERRY M. SCHNEIDER
SLIP AND FALL; Plaintiff was working at an elementary school
project putting up wall board when he slipped and fell on a 2' x
3/4" piece of "All Thread." The all thread was allegedly left by
the Defendant's electrician under cardboard which was covering the
floor. Plaintiff, 51, male, laborer, suffered two herniated discs
and underwent operative procedures at L4/L5 and LS/S1. DR. GUSTAVO
ARRIOLA felt the plaintiff had an Ilk disability. The case was
settled at mediation. The case was settled for $280,000.00 cash
plus a $600.00 a month annuity for life. Present money value was
$368,000.00.
Settled before Trial: $368,000.00.
ROSA AND JOSE ERGAS v. ALLSTATE INSURANCE COMPANY. (Dade County
'1 .Case No.: 92-00862, Judge Herbert M. Klein)
Plaintiff's Attorney: HERB FRIESNER and RICHARD BURKE
Defendant's Attorney: VICTOR HUGO RAMS, JR.
AUTOMOBILE ACCIDENT; Rear -end collision. Plaintiff was rear -ended
by an uninsured motorist. The tort feasor claimed a sudden brake
failure. Plaintiff, 47, female, sales lady, claimed soft tissue
injuries to her neck, back, right shoulder and right hip. DR.
DAVID LEHRMAN, $2,844.00, testified plaintiff has a 12-15%
disability. Defense Doctor, DR. LEDFORD GREGORY, testified
plaintiff has no disability. The defendant filed an offer of
judgment in the amount of $2,500.00.
Verdict for Defendant.
95- 850 /`
,tole.
31urg 01 rials no 01 ri .� VMS,
One Datran Center, Suite #400, 9100 South Dadelar, Aid., Miami, FWda 33156
J
Tel. (305) 670-9735 a Fax (305., "(0-6146
Published by: Mitchell Lipcon Edited by., Barbara Upcon
Copyright 1994Charles Lincon Editorial Asst.: Teresa Went
No Dart c,t this oublication may be reproduced in any form
Nmatseever without Driot Permission of the cooVright holder.
OCTOBER 31, 1994
DADE COUNTY
MORALES V. KING OCEAN SERVICE DR VENEZUELA, S.A. (Dade County Cane
No.: 92-1671S, JUdge Greenbaum). Tried: Sept. 26 - 28, 1994.
Plaintiff's Attorney: CHARLES R. LIPCON and PAUL ROFFMAN
Defendant's Attorney: GEREERDT SCHREIBER
ACTION: Plaintiff was a seaman on the vessel Rio Pacquare
when.he,f.ell while descending a metal vertical ladder. Plaintiff
claimed ,that
that the ladder was'oily and wet. Also plaintiff claimed
that the ladder was not installed to industry standards since it
did not have seven inches clearance from the wall where it was
attached. Defendant denied these claims. Plaintiff, 44, male,
from costa Rica claimed that he suffered a lower back herniated
disc in the fall along with neck, hand and head injuries. DR. GARY
LUSTGARTEN, Neurosurgeon, testified for plaintiff that plaintiff
suffered a herniated disc from the accident for which he needed
.—surgery. He gave plaintiff a lot disability. DR. STEVEN TICKTIN,
Orthopedist, testified for, plaintiff that he saw plaintiff about
two months, after the accident and that he had lower back
complaints. DR. LLOYD MORIBER, Orthopedist, testified for
plaintiff that when he saw him he needed a cast for an injury to
his tendon in his handl, which would also need therapy. DR. JORGE
HERRERA, Neuropsychologist, testified for plaintiff that plaintiff
suffered a head injury in the accident which caused headaches. DR.
ROWLAND PRITCHARD, Orthopedist, testified for defendant, that
plaintiff did not complain about an injury to his back the entire
time.that he treated him. He gave plaintiff a disability rating of
5-6% for a neck injury. DR. JOSEPH KALBAC, Orthopedist testified
95- 850 /f
Ogtober 31, _1994 Jury Trials & T c 1g,tions 2
for defendant that plaintiff did not have a herrniated disc
requiring surgery when he saw the plaintiff. DR. LESSOR,
Neuropsychologist, testified for defendant that plaintiff did not
have a head injury and that his test results indicated that he was
malingering. Plaintiff had about $35,000.00 in unpaid medical
bills. Defendant took the position that the surgery was
unnecessary. CAPTAIN ROBERT F. BARBER, U.S. Coast Guard retired,
testified for the plaintiff that he was not given a safe place to
work and the vessel was unfit. JAMES BEST, Engineer, testified
that -the ladder was not installed correctly. Defendant was found
to have willfully and. arbitrarily failed to pay plaintiff's
maintenance and cure and awarded $0 punitive damages. Plaintiff
will be entitled to an award of attorneys fees based on the verdict
with the amount to be determined by the Court.
.Verdict for Plaintiff: Negligence and unseaworthiness,
$120,000.00 for which plaintiff wan found
to be 25% comparatively negligent.
Maintenance and cure, $55,000.00.
LENORA WILKES and WILLIAM WILKES, her husband v. FLORIDA
SUPERMARKETS, d/b/a PANTRY PRIDE. (Dade County Case No.: 91-
31808, Judge Martin Greenbaum). Tried: July 20-22, 1994.
Plaintiff's Attorney: FRANKLIN J. SIEGEL and DOUGLAS STRATTON
Defendant's Attorney: SERGIO MEDINA
SLIP AND FALL; Glass. Plaintiff claimed that she slipped and fell
on brown glass on the floor of the defendant's supermarket.
Plaintiff claimed the glass must have come from a bottle,
previously broken in the store and inadequately cleaned up.
Defendant denied the broken glass. Plaintiff, 49, female, clerical
worker, suffered a fractured left humerus a lumbar
dam. DR. ROBERT ENNI y vi eotape, testified that plaintiff has
a herniated disc and a permanent disability. DR. JAIME WANCIER,
testified that plaintiff underwent two surgeries. Plaintiff's
medical bills totalled approximately $35,000.00. DR. H. SCOTT
NORVILLE, glass expert from Texas, testified for the plaintiff.
The jury found the plaintiff 30% comparatively negligent.
Verdict for Plaintiff: $120,000.00 (unreduced).
o% t
95- 850
i
October 31, 1994 Jury Trials 4 TTibu at ogle--
for defendant that plaintiff did not have a herniated disc
requiring surgery when he saw the plaintiff. DR. LESSOR,
Neuropsychologist, testified for defendant that plaintiff did not
have a head injury and that his test results indicated that he was
malingering. Plaintiff had about $35,000.00 in unpaid medical
bills. Defendant took the position that the surgery was
unnecessary. CAPTAIN ROBERT F. BARBER, U.S. Coast Guard retired,
testified for the plaintiff that he was not given a safe place to
work and the vessel was unfit. JAMES BEST, Engineer, testified
that the 'ladder was not installed correctly. Defendant was found
to -,have willfully and. arbitrarily failed to pay plaintiff's
maintenance and cure and awarded $0 punitive damages. Plaintiff
will be entitled to an award of attorneys fees based on the verdict
ii with the amount to be determined by the Court.
i Verdict for Plaintiff: Negligence and unseaworthiness,
$120,000.00 for which plaintiff was found
to be 25% comparatively negligent.
Maintenance and cure, $55,000.00.
LENORA WILKES and WILLIAM WILKES, her husband v. FLORIDA
SUPERMARKETS, d/b/a PANTRY PRIDE. (Dade County Case,No.:: 91
31808, Judge Martin Greenbaum). Tried: July 20-22, 1994.
Plaintiff's Attorney: FRANKLIN J. SIEGEL and DOUGLAS STRATTON
. Defendant's Attorney: SERGIO MEDINA
{ SLIP AND FALL; Glass. Plaintiff claimed that she slipped and fell
I on brown glass on the floor of the defendant's supermarket.
Plaintiff claimed the glass must have come from a bottle,
previously broken in the store and inadequately cleaned up.
1 Defendant denied the broken glass. Plaintiff, 49, female, clerical
worker, suffered a fractured left humerus a rh lumbar
dim. DR. ROBERT ENNT y vi eotape, testified that plaintiff has
a herniated disc and a permanent disability. DR. JAINE WANCIER,
testified that plaintiff underwent two surgeries. Plaintiff's
�~ medical bills totalled approximately $35,000.00. DR. H. SCOTT
NORVILLE, glass expert from Texas, testified for the plaintiff.
The jury found the plaintiff 30% comparatively negligent.
Verdict for Plaintiff: $120,000.00 (unreduced).
�
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//
95- 850
J
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4
O
u
AARON WILLIAMSON and SHEILA WILLIAMSON, his wife, v. TAG BUSINESS
PRODUCTS, INC., and ANTHONY GRASSO. (Broward County Case No.: 93-
01802,.Judge C. Lavon Ward). Tried March 21-23, 1994.
Plaintiff's Attorney: DANIEL MAIER
Defendant's Attorney: GLLNDA GOLDLIST
&VTOMOBILE ACCIDENT; Rear -end collision. Defendant claimed that
"the plaintiff turned left in front of him and that the accident was
caused by the plaintiff's improper left turn. Plaintiff, 40, male,
electrical contractor, claimed herniations at C3-4 and L5-S1. DR.
MARCIA SASSO testified plaintiff has a 15% disability. Defense
Doctors, ROGER SCHNELL and STEPHEN WENDER, each testified the
plaintiff has no .disability. DR. HOWARD WILKOV (Radiologist)
testified for the plaintiff. An offer of judgment was filed in the
amount of $10,000.00.
Verdict for Plaintiff:
$92,278.00.
MILLER v. WINN DIBIE STORES, INC. (Broward County Case No.: 89-
27069, Judge Brescher). Tried: March 10-15, 1994.
Plaintiff's Attorney: DAVID ROINES
Defendant's Attorney: RICHARD BLANK
PREMISE LIABILITY; Slip and fall. Plaintiff claimed that she
slipped and fell on yogurt on the floor while shopping in the
defendant's supermarket. Plaintiff, 47, female, suffered an
operated herniated disc at L4/L5. Neurosurgeon, STEVEN GERVIN,
testified plaintiff has a lot disability. Defense Doctor, DR.
ALFONSO PETTI, testified plaintiff has a lot disability but it may
be due to a pre-existing problem. Experts, ED GRANBERRY (Safety
Expert) and ED DELANY, Orlando, (Management Practice) testified.
The jury found the defendant 50k negligent and the plaintiff 50t
comparatively negligent.
Verdict for Plaintiff: $189,435.92 (unreduced).
95- 850
.
g�il 30'. 1994 Jury Trials & Tribulations 5
AARON WILLIAMSON and SHEILA WILLIAMSON, his wife, V. T&G BUSINESS
PRODUCTS, INC., and ANTHONY GRASSO. (Broward County Case No.: 93-
01802, Judge C. Lavon Ward). Tried March 21-23, 1994.
Plaintiff's Attorney: DANIEL MAIER
D®faadant'a Attorney: GLENDA GOLDLIST
AUT®MOBILE`ACCIDENT; Rear -end collision. Defendant claimed that
the plaintiff turned left in front of him and that the accident was
caused by the plaintiff's improper left turn. Plaintiff, 40, male,
electrical contractor, claimed herniations at C3-4 and L5-S1. DR.
MARCIA SASSO testified plaintiff has a 15V disability. Defense
Doctors, ROGER SCHNELL and-STEPHEN WENDER, each testified the
plaintiff has no disability. DR. HOWARD WILKOV (Radiologist)
testified -for the plaintiff. An offer of judgment was filed in the
amount of $10,000.00.
Verdict for Plaintiff: $92,278.00.
MILLER v. WINN DIXIE STORES, INC. (Broward County,Case No.: 89-
27069,.Judge,Brescher). Tried: March 10-15, 1994.
Plaintiff's Attorney: DAVID HOINES
Defendant's Attorney: RICHARD BLANK
PREMISE 'LIABILITY; Slip and fall. Plaintiff claimed that she
slipped and fell on yogurt on the floor while shopping in the
defendant's supermarket. Plaintiff, 47, female, suffered an
operated herniated disc at L4/L5. Neurosurgeon, STEVEN GERVIN,
a testified plaintiff has a lot disability. Defense Doctor, DR.
ALFONSO PETTI, testified plaintiff has a 10t disability but it may
be due to a pre-existing problem. - Experts, ED GRANBERRY (Safety
Expert) and ED DELANY, Orlando, (Management Practice) testified.
The jury found the defendant 50% negligent and the plaintiff 50%*
comparatively negligent.
Verdict for Plaintiff: $189,435.92 (unreduced).
05- 850
/�1
Urologist, DR. DAVID DRYLIE (Gainesville) also testified for the
plaintiff. Defendant's Expert was DR. LEE FISCHER (West Palm
Beach). The jury apportioned the negligence so, that the nursing
home was found 25% negligent and the defendant doctor 75%
negligent. The jury awarded $42,200.00 for past medical expenses,
$110, 000.00 for past pain and suffering, and $10, 000 .00 for loss of
consortium.
Verdict.for Plaintiff: $162,200.00
PALM BNACB COUNTY
ROSE CARTWRIGHT v. K-MART CORPORATION. (Palm Beach County Case
No.: 93-4625, Judge Edward Garrison). Tried: February 18, 1994.
Plaintiff's Attorney: ROBERT GORDON
Defendant's Attorney: MARLA MUDANA
f
SLIP AND FALL: Water. Plaintiff claimed that she slipped and fell
on water on the floor of the Defendant's store in the garden supply
section. Plaintiff, 54, female, unemployed, suffered injury to her
neck. DR. MERRILL REUTER, testified plaintiff has a herniated disc
at C4-05. Plaintiff's medical bills were approximately $54,000.00.
Plaintiff's safety expert was WILLIAM JACOBS. The jury found the
plaintiff 50% negligent and the Defendant 50% negligent.
Verdict for Plaintiff: $249,665.05 (unreduced)
95 850
xs
Rush 31. 1994 Juxv Trials Tribulation® 7
GIVENS v. UNITES STATES OF AMERICA. (United States District Court
Case No.: 92-7233, Judge Ryskamp). Tried: March 9-10, 1994.
Plaintiff's Attorney: JAROLD HART
Defendant's Attorney: SAM E. FLANAGAN
AUTOMOBILE ACCIDENT; Rear -end collision. Plaintiff claimed that
she was rear -ended by a vehicle owned by the United States of
America' Defendant claimed no damages to the Plaintiff's vehicle.
Plaintiff., 41', housewife, suffered a herniated disc at L4/L5. DR.
GRA.FTON SIEDER testified plaintiff has a 12-15t disability.
Defense Doctor, DR. STEPHEN WEND5R testified plaintiff has an St
disability.
Verdict for Plaintiff $125,000.00. -
PINELLAS COUNTY
RICHARD FINK, JR. v. KIMBERLY SERVICES, INC., d/b/a KIMBERLY
QUALITY CARE AND PATRICIA ROFFMAN. (Pinellas County Case No.: 91-
11794) .
Plaintiff's Attorney: PAUL HITCHENS
Defendant's Attorney: CHARLES BAVOL and DALE SISCO
NEGLIGENT --HOME HEALTH CARE; Plaintiff, a quadriplegic, had an
agreement.with the Defendant to provide Home Health Care Services
to the Plaintiff. This included transfers from his wheelchair to
the bed and from the bed to his wheelchair. Defendant Hoffman,
assigned to the Plaintiff, was assisting the Plaintiff, from his
bed to the wheelchair, when he dropped the Plaintiff. Plaintiff,
32, struck the side of the wheelchair and required surgery. DR.
DAVID CAHILL and DR. OSAMA SULLIMAN, both plastic surgeons,
testified for the plaintiff. Psychiatrist, DR. DAVID BARAS,
testified for the Plaintiff. The jury found the Plaintiff 50%
negligent and the Defendant 50% negligent.
Verdict for Plaintiff: $30,897.27 (unreduced)
. 95- 850
��
�� �..W.�.a 299� Ju�ry a s & .Tribulations 5
'fig COUNTY
HARTSHORN v. TRI-PAR MACHINERY, INC., f/k/a TRI-PAR MACHINERY
SERVICE, INC. (Manatee County Case No.: 92-3052).
Plaintiff's Attorney: JOSN FRYBACK and JOHN P. GRAVES, JR.
Defendant's Attorney: CHARLES L. SKIPPER
PRO UCT LIABILITY; Sorter/conveyor. Plaintiff, a laborer in a
tomato processing plant, was injured when her hand was pulled into
the steel rollers of a sorter/conveyor. Plaintiff sustained a
crush injury to her hand. Following surgery, plaintiff developed
a "claw" hand. Plaintiff claimed the product was defective in that
it had an inadequate guard and lacked an emergency stop device.
Engineer, JOHN GATTEN (Tampa) testified for the plaintiff.
Defendant denied that the guard was inadequate.
Verdict for Defendant.
-
FRE'DDY F&RNANDE� v. NEIL STEINBERG and THEODORA STEINBERG.
(Brosward County Case No.: 93-19182, Judge Leonard Pleat).
Plaintiff's Attorney: GARY BETENSKY
Defendant's Attorney: JOHN DONAHOS
AUTOMOBILE ACCIDENT; Rear -end collision. Plaintiff, 22, male,
student, suffered an unoperated herniated disc at L4/5. DR. DAVID
ROSS,-$3,700.00, was of the opinion that the plaintiff had a
herniated disc and a 15% disability. DR. JEFF GORDON,$8,125.00,
felt the plaintiff had an 10-12% disability. Defense Doctor, DR.
MELVIN GROSSMAN, felt the plaintiff had a 7% disability. DR. JOHN
RUSSELL, was the plaintiff's vocational rehabilitation expert. DR.
MERLE DIMBATH was the plaintiff's economist. The case was settled
prior to trial.
Settled before Trial: $95,000.00.
95— 850
a
DU'VAL COUNTY
PAYE DAUGHI4RTY v. ABBAS SHARIAT, M.D. (Duval County Case No.. 92-
14529) .
Plaintiff's Attorney: JERRY WA7CMAN
Defendant's Attorney: HAROLD CATLIN
XSEDICAL NEGLIGEES; Ruptured appendix. Plaintiff was admitted to
the hospital with complaints of abdominal pains. She came under
the care of the defendant. Plaintiff claimed that after two and a
half days she suffered a ruptured appendix and had to be operated
on Plaintiff claimed the loss of her gallbladder as a result of
an infection from the appendix. Plaintiff was left with an open
wound and claimed that a hernia later developed. DR. KYRIAKOS
IOANNIDES, Pathologist, by deposition, testified for the plaintiff.
DR. K. KINDALL PIERSON, Pathologist, Gainesville, also testified by
deposition. DR. JUDSON RANDOLPH, and Psychologist, DR. ROBIN VAIL,
testified for the plaintiff live. DR. JOHN CRUMP, Genmeral
surgeon, testified by deposition along with DR. C. DAVID WHELCHEL,
General Surgeon from Jacksonville, Florida. Defendant's Expert was
DR. DAVID JOHNSTON, General Surgeon, Jacksonville, Florida.
HILLSBOROUGH COUNTY
MARC GORDON AMANN v. TAMPA ELECTRIC COMPANY. (Hillsborough County
Case No.: 92-5390, Judge Gasper Ficarrotta). Tried: January 24,
1994.
Plaintiff's Attorney: JAMES D. CLARK
Defendant's Attorney: CHRISTOPHER KNOPIK
MOTORCYCLE ACCIDENT; Oil on the roadway. Defendant's personnel
responded to the scene of a single car accident that happened in a
residential area. A single car had run off the road and knocked
the defendant's ground level transformer off of its concrete pad.
The collision caused a power outage in the neighborhood.
Defendant's personnel responded to the scene to fix the
transformer. Following the first accident, transformer oil leaked
95-� 850
i
from the transformer an(! caused the road surface to become slick.
The 'plaintiff, the operator of a Harley Davidson Motorcycle,
approached the scene of the first accident, encountered the oil
slicked street surface, and lost control of his motorcycle. He
slid and rolled approximately 140 feet. plaintiff claimed that the
defendant's personnel took no steps to warn of the hazard posed by
oil. on the street surface and further took no steps to channel or
redirect the traffic around the first accident site. Plaintiff,
37, male, swimming pool laborer and tug boat cook, suffered
injuries to his shoulders and low back. Plaintiff was diagnosed
with a herniated disc at L5/S1. He was a surgical candidate but
did not have the surgical procedure. Plaintiff's medical bills
totalled approximately $3,800.00. DR. M.B. DAVE testified by
deposition and DR. LAWRENCE MUROFF testified by videotape
deposition. Other medical witnesses were DR. RICHARD GOLDBERGER,
z DR. FREDERICK RAFFA, and DR. MICHAEL SHAHNASARIAN.
Verdict for Plaintiff: $557,000.00 (gross). `
ORANGE COUNTY
DEBORAH SULLIVAN v. WET N' WILD FLORIDA, INC., (Orange County Case
No.: 89-5486, Judge Rogers Turner). Tried: March 1-4, 1994.
Plaintiff's Attorney: R. LEE DOROUGH and BILL WHITAKER
Defendant's Attorney: JAMES GLATT
PREMISE LIABILITY; Rescue from water. Plaintiff claimed that the
defendant's lifeguards were negligent in failing to respond to a
child in trouble and that this necessitated the plaintiff jumping
into the water to safe the child. Plaintiff claimed that as a
result of lifting the child, the plaintiff suffered a herniated
disc at L5/S1. Defendant's claimed that the lifeguard responded
within the 30 seconds required by their standards. Defendant's
further claimed that the plaintiff had a pre-existing back injury
and that her residual disability rating was as a result of a
subsequent automobile accident. Plaintiff's medical bills totalled
approximately $15,000.00. DR. GREGORY MUNSON and DR. ROBERT
ROBERTS, each felt the plaintiff had a 10-11% disability.
Verdict for Plaintiff: $127,320.40.
95- 850
'tt
i
i
�, Marc 15. 1994
from the transformer and caused the road surface to become slick.
The plaintiff, the operator of a Harley Davidson Motorcycle,
approached the scene of the first accident, encountered the oil
slicked street surface, and lost control of his motorcycle. He
slid and rolled approximately 140 feet. plaintiff claimed that the
defendant's personnel took no steps to warn of the hazard posed by
oil on the street surface and further took no steps to channel or
redirect the traffic around the first accident site. Plaintiff,
37, male, swimming pool laborer and tug boat cook, suffered
injuries to his shoulders and low back. Plaintiff was diagnosed
with a herniated disc at L5/S1. He was a surgical candidate but
did not have the surgical procedure. Plaintiff's medical bills
totalled approximately $3,800.00. DR. M.B. DAVE testified by
deposition and DR. LAWRENCE MUROFF testified by videotape
deposition. Other medical witnesses were DR. RICHARD GOLDBERGER,
I DR. FREDERICK RAFFA, and DR. MICHAEL SHAHNASARIAN.
r
Verdict for Plaintiff:
$557, 000.00 (gross) .
KWIALq•� �!
6
DEBORAH SULLIVAN v. WET N' WILD FLORIDA, INC., (Orange County Case
No.-: 89-5466, Judge Rogers Turner). Tried: March 1-4, 1994.
Plaintiff's Attorney: R. LEE DOROUGH and HILL WHITAKER
Defendant's Attorneys JAMES GLATT
PREMISE LIABILITY; Rescue from water. Plaintiff claimed that the
defendant's lifeguards were negligent in failing to respond to a
child in trouble and that this necessitated the plaintiff jumping
into the water to safe the child. Plaintiff claimed that as a
result of lifting the child, the.plaintiff suffered a herniated
disc at L5/S1. Defendant's claimed that the lifeguard responded
within the 30 seconds required by their standards. Defendant's
further claimed that the plaintiff had a pre-existing back injury
and that her residual disability rating was as a result of a'
subsequent automobile accident. Plaintiff's medical bills totalled
approximately $15,000.00. DR. GREGORY MUNSON and DR. ROBERT
ROBERTS, each felt the plaintiff had a 10-11% disability.
Verdict for Plaintiff: $127,320.40.
95- .?S
850
6eotember. 15. 993 _•�Trials & Tribulations 3
JOSE'NATOEL v. ROYAL CARIBBEAN CRUISES, LTD., (Dade County Case
No.: 92-09932, Judge David Tobin). Tried: August 9-12, 1993.
Plaintiff's Attorney: WILLIAM HUGGETT and ANNA M. SCORNAVACCA
"Defendant's Attorney: DAVID HORR
ADMIRALTY ACTION: Lifting gangplank. Plaintiff, 38 year old
Filipino, was a gangway guard on one of the defendant's vessels.
He injured his back while lifting the gangplank to adjust it.
Plaintiff had to undergo surgery for a herniated disc. Plaintiff
filed a demand for judgment in the amount of $300,000.00.
Verdict for Plaintiff: $663,970.36.
® ELLICE BODDEN, as Personal Representative of the Estate of RAYAL
SODDEN v. HARRY L. SHUFFLEBARGER, M.D., DOCTORS HOSPITAL, DEAN M.
DOLISON, M.D., and MICHAEL A. KAHN, M.D. (Dade County Case No.:
89-56209).
Plaintiff's Attorney: JOEL WOLF$
Defendant's Attorney: JONATHAN LYNN for Dr. Shuf£lebarger
FREDERICK HASTY for Doctors Hospital
ARMANDO CORTINAS for Dr. Dolison, and
JAMES ECKHART for Dr. Kahn
MEDICAL NEGLIGENCE: Wrongful death. Deceased, retired, 72, went
to see DR. SHUFFLEBARGER for back and left leg pain. Plaintiff was
diagnosed, by DR. SHUFFLEBARGER, with degenerative scoliosis and
spinal stenosis. Plaintiff underwent an operative procedure, at
DOCTOR'S HOSPITAL, to relieve the pressure off the nerves coming
out of his low back. This was to be a decompressive laminectomy.
Plaintiff was cleared for surgery by DR. DOLISON. DR. KAHN was the
anesthesiologist present during the surgery. DR. GLENN MORRISON
(Neurosurgeon) performed the decompressive laminectomy and left the
operating room. DR. SHUFFLEBARGER took over and performed his
surgery. During the course of this surgery, the plaintiff
developed significant blood loss and his blood pressure became
hypotensive. Surgery was completed. When the patient was
returning from the operating room table to the ICU bed which had
® been brought into the operating room to transport the patient, he
had a cardiac arrest. Resuscitative measures were done and the
951- 850
i
1
Aucruat „15, 1992 Jury Tr _6 TribulatiOna 4
FAROUK GONGEE and SUSANNE GONGEE V. ALEX C..070b N and BELMONT
CONSTRUCTION COMPANY. (Dade County Case Ne.:93-00959, Judge
Wetherington).
PLAINTIFF'S ATTORNEY: BRET PANTER
DEFENDANT'S ATTORNEY: LISA REYNOLDS and JOHN BOND ATKINSON
-AUTQXOBILE ACCIDENT: Rear -end collision. Plaintiff, 41,male,
real estate broker, suffered a tear of his medial meniscus.. DR.
JACK MILLER felt the plaintiff had a 4% disability. Plaintiff
claimed lost real estate commissions in the amount of $60,000.00.
The,c6se was settled at mediation.
Settled before trial: $67,500.00.
LAZARO SANCHEZ v. MANUEL TRUJILLO and NELSON BLANCO. (Dade County
-Case No.: 91-46477, Judge Juan Ramirez). Tried: June 10, 1993.
PLAINTIFF'S ATTORNEY: RONALD RODMAN
DEFENDANT'S ATTORNEY: AL MOON
AUTOMOBILE ACCIDENT: Comparative negligence issue. Plaintiff, 27,
male,''commercial fisherman, suffered injury to his back and right
ankle. DR. CESAR GUERRERO (Neurosurgeon) testified plaintiff has
a herniated disc and a 15% disability. DR. PEDRO HERNANDEZ
(Orthopedic Surgeon) testified plaintiff has a 10-12% disability.
DR. HOWARD DRANOFF (Chiropractor) testified plaintiff has an 8%
disability. Defense Doctor, DR. PERITZ SCHEINBERG, testified
plaintiff has no disability. An Offer of Judgment was filed by the
Defendant in the amount of $15,000.00. The verdict was reduced by
remittur to $333,625.00.
Verdict for Plaintiff: $350,376.00.
❑1
1
95- 850 ��
�J.
9
® AUqust IS t 1993 Jury Ti , ��, _1'►ulatioaa 3
ANGELA ROGERS V. MICHAEL DRINKNOUSE and SOMERSET FARi'1'1, INC. (Dade
County Case No.: 92-0749S, Judge Murray Goldman).
PLAINTIFF'S ATTORNEY: J. LANE MIDDLETON, III and
DEFENDANTS ATTORNEY: PETER STASSUN
AUTOMOBILE ACCIDENT: Head-on collision. Plaintiff claimed that
the defendant's vehicle crossed over the center line, at night, on
Card Sound Road. Defendant's vehicle struck plaintiff car head-on.
Plaintiff, 23, female, waitress, suffered facial scarring,
bilateral TMJ, loss of three teeth, lumbar disc herniation,
internal derangement of her left knee, and two fractured metacarpal
in her left hand. DR. JOSEPH OVADIA, felt the plaintiff had a 15%
disability. DR. TAMES GORELICK, felt the plaintiff had a 10-12%
disability. Plaintiff was seen by DR. RICHARD SOUVIRON for TMJ.
Her plastic surgeon was DR. THOMAS ZAYDON. The case was settled
prior to trial.
Settled before trial: $395,000.00.
EMIT POWELL, JR. and VERNA POWELL, his wife V. PUBLIC WORKS OF
DADS.CODNTY. (Dade County Case No.: 90-56723, Judge Norman S.
Gerstein)
PLAINTIFF'S ATTORNEY: BARRY M. SNYDER
DEFENDANT'S ATTORNEY: JAMES ALLEN
TRIP AND FALL: Off curve. Plaintiff claimed that he tripped and
fell in a drainage area as he stepped off of a curve. Plaintiff,
51, male, Eastern Airlines Employee, suffered an oblique fracture
of his fibula and a fracture of a posterior aspect of his fibula.
DR. MARIE WILLIAMS, $3,210.00 testified plaintiff has a 20%
disability of the lower extremity. ST. FRANCIS HOSPITAL,
$5,999.00. FLORIDA PATHOLOGY $270.00. Plaintiff's total medicals
were $12,377.00. DR. LAWRENCE POTEAT, Expert, testified for the
plaintiff.
Verdict for Defendant.
�e
NN q
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AUGUST 15,1993
DADE COUXTY
MAYRO CAMPOS v. CARNIVAL CRUISE LINES, INC. (Dade County Case No.:
.89-52671 Judge Margarita Esquiroz). Tried: July 19, 1993.
PLAINTIFF'S ATTORNEY: BRETT RIVRIND and GEORGE PEDRAZA
DEFENDANT'S ATTORNEY: JAMES BRENGLE and WAYNE P. LEVINE
SEAMAN CASE; Slip and fall. Plaintiff, a 25 year old Guatemalan
citizen, was a cleaner on Defendant's cruise ship. Plaintiff
slipped and fell down a set of stairs. Plaintiff claimed that the
® stairs did not have proper handrails and that the anti-skid rubber
stripping on the steps had been worn smooth. Defendant claimed
that the plaintiff slipped because there was food and other
substances on the steps and that the plaintiff had been assigned to
,clean-up the food. CAPT. ROBERT BARBER, Marine Safety Expert,
testified for the plaintiff. CAPT. PETER McGUIRE, Marine Safety
f Expert, testified for the Defendant. Plaintiff suffered a
herniated disc in his low back. DR. GARY LUSTGARTEN, Neurosurgeon,
testified plaintiff sustained a herniated disc at L5/Sl; that back
surgery was performed, and that the plaintiff has a 10% permanent
disability. DR. JACK MILLER (Orthopedic Specialist), DR. HUBERT
ROSOMOFF (Neurosurgeon) , and DR. ROBERT SANTANA each testified that
plaintiff sustained a back sprain but did not have a herniated disc
j as a result of this incident. Plaintiff filed an Offer of Judgment
in the amount of $112,000.00. The jury found the Defendant 85% at
fault and the plaintiff 15% at fault.
Verdict for Plaintiff: $383,560.00 (unreduced)
Owl
il
95- 850
CAROL XREKS and ROBERT KEZXS, bar husband v. WINN DIXIE STORES*
INC. (Dade County Cass No.: 91-15204* Judge .Stuart Simons).
Tried: November 12, 1992.
Plaintiff's Attorneys AILLIAN ANDREW HAGGARD and MARK D. STONE
Defendant's Attorney: STEVEN XONTALTO
jLIP up FUL; chicken blood. Plaintiff claimed that she slipped
and fell on chicken blood, on the floor of the defendant's grocery
store. Defendant's employees denied prior knowledge of the blood
on the floor. Plaintiff claimed that there was an ongoing problem
of chicken blood being spilled on the floor. Plaintiff, 45,
female, office worker, suffered a herniated d�sc at L/4-L/5. DR.
SHELDON MYERSON and DR. JEROME BMNEiI,�each testified that
plaintiff has a 15% disability. Defense Doctors, DR. WALTER JONES
and DR. DANIEL BADER, each testified that plaintiff had no
disability from the incident that the plaintiff's injuries were not
caused by the accident. Plaintiff's medical bills were,
approximately $22,000.00. The jury found no comparative
negligence.
Verdict for Plaintiff: $106,164.00.
NICEAEL THDRBEk v. ROUSE-XIAUI, INC.,, and BAYSIDE CENTER LIXITED
PARTNERSHIP d/b/a BAYSIDE NARKZT PLACE. (Dade County Case No.:
.92-13432, Judge J.C. Sanderson). Triode January 19e21, 1993.
Plaintiff's Attorneys ROBERT FIORE
Defendant's Attorneys FRANK LANE and BILL SUXXZRS
TRIP AND FALL; Sidewalk. Plaintiff claimed that he tripped and
fell over a defect in the sidewalk. Defendant claimed that the
plaintiff did not trip where he stated he did, but in a different
location some distance away. Plaintiff, 46, male, former flower
and balloon vendor at defendant's market place, suffered a
f racjWred left atella. DR. WILFREDO AMAYA testified plaintiff has
a 13% disabllity. Defense Doctor, DR. RICHARD GLATZER, testified
plaintiff has a 1% disability. University of Miami Engineer, DR.
RON ZOLLO, testified for the plaintiff. The jury found the
plaintiff 40% negligent.
Verdict for Plaintiffs $525#371.70 (unreduced)
95- 850
JAVIER pENA v. CARNIVAL CRUIBE LINES. (Dade County Case No.: 92-
02557, Judge Kargarita Esquiros). Tried: December 7-12, 1992.
plaintiff's Attorney: BRETT RIVRIND and GEORGE PEDRAZA
Defendant's Attorney: ROBERT CRAVIN
ADILIRALZY. ACTIO21; Seaman's case. Plaintiff, a cleaner on board
the defendant's vessel, claimed that he slipped and fell on spilled
beer in an elevator. The defendant claimed that its investigation
did not reveal that the elevator floor was wet at the time of the
Accident. Plaintiff claimed a herniated disc. He was operated on
by DR. GARY LUSTGARTEN. DR. LUSTGARTEN testified that plaintiff
had an excellent result from surgery but was left with a 7 1/2-10%
permanent disability. Plaintiff claimed that he could not return
to work as a seaman. An Offer of Judgment was filed by the
defendant in the amount of $80, 000.00. At mediation, the defendant
presented the plaintiff with surveillance films and reduced the
offer of judgment to $50,000.00. The jury found the plaintiff to
be 6t comparatively negligent.
'Verdict for Plaintiff: $412,000.00.
I
AYLE DRIES v. TRASK CAN XR11ABEKENT, INC. (Dade County Case No.:
91-52888 Judge Karold Boloson). Tried: September 21-230 1992.
Plaintiff's Attorney: RENT HARRISON ROBBINS
Defendant's Attorney: TROKAB J. KORGAiN
ASO&W AND BA! ZRY: Plaintiff claimed that he had exited the
b h
defendants bar and was waiting for a friend to enter the ar w en
the bar's bouncer assaulted him. Defendant claimed that the
plaintiff refused to heed the bouncer's order that he leave the
vicinity of the bar. The assault took place on the sidewalk in,
front of the music bar. Plaintiff, 32, male, artist, suffered a..
non displaced fracture of his right wrist. DR. DAVID LEHRMAN,
$515.00 testified plaintiff has a 10-15% disability of his right
wrist. SOUTH SHORE HOSPITAL, $322.00. JACKSON MEMORIAL HOSPITAL,
$594.00.
Verdict for Plaintiff: $27,274.00.
95- 850 �%
• t
1 DE,cember_ 31.. i992 Jury Triais 6 Tribuistions, 5
ROBERT BEESTAND V. OCEAN CADILLAC, INC. (Dade County Case No.:
91-41239, Judge J.C. Henderson). Tried: November 16, 190 1992.
n
u
Plaintiff's Attorney: J. LANE MIDDLETON, III
Defendant's Attorney: GORDON EVANS
AUTQMOB 1LE ACCIDENT: Wrongful death. Head-on collision. Sal
Murray leased a vehicle from the defendant Ocean Cadillac. This
was on a long term lease. Several months after the lease started
he struck the plaintiff's vehicle, head-on, killing himself and
Norma Heestand. After the accident, it was discovered that Sal
Murray was in reality Murray S,ilvern and did not possess a valid
drivers license. Ocean Cadillac claimed that they would not have
leased the vehicle to him because he did not possess a valid
driver's license. Plaintiff sued on negligence entrustment of the
vehicle. The plaintiff husband sustained fractured ribs and an
injured knee. The doctors awarded him a lot disability.
Verdict for Defendant.
HARRIET KITT and HAROLD KITT, her husband v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY. (Dade County Case No.: 91-49456,
Judge Ronald Prisdwm). Tried: November 23, 1992.
Plaintiff's Attorney: JZFFREY C. FOX and ALAN GREEN
Defendant's Attorney: MARTIN VAN HAASTEREN
AUTOMOBILE ACCIDENT; Rear -end collision. Plaintiff claimed that
she was rear -ended by an uninsured motorist. The adverse driver
claimed that the plaintiff stopped short. _Liability was admitted
at the time of trial. Plaintiff, 57, retire sae person, claimed
injuries to her neck and back. Plaintiff claimed aggravation of an
arthritic condition and a prior herniated disc. Defendant claimed
that plaintiff had a prior back injury with extensive arthritis.
DR. STEPHEN WENDER, $1,655.00,- testified that plaintiff has a
permanent disability but did not give a specific percentage. DR.
KENNETH OSBORN, $4,385.00, testified plaintiff has an 8-10%
disability. Defense Doctors, DR. MICHAEL MANSDORF (Chiropractor),,''
DR. ROBERT ENIS (Orthopedic Surgeon) and DR. GUILLERMO BLANCO
(Neurologist) each testified that ,plaintiff has no no disability.
MICHAEL MORGANSTERN testified as a Vocat�.ona e a ! is ation�t
for the plaintiff. The defendant file, an. Offer of Judgment in the
amount of $7,500.00.
Verdict for Plaintif : $143,420.00.
95- 850