Florida Jury Verdict Review & Analysis
- Jury Verdict Review Publications, Inc.
- Publication date:
- Nbr. 32-05, May 2022
- Nbr. 32-04, April 2022
- Nbr. 32-03, March 2022
- Nbr. 32-02, February 2022
- Nbr. 32-01, January 2022
- Nbr. 31-12, December 2021
- Nbr. 31-10, October 2021
- Nbr. 31-09, September 2021
- Nbr. 31-08, August 2021
- Nbr. 31-07, July 2021
- Nbr. 31-06, June 2021
- Nbr. 31-05, May 2021
- Nbr. 31-04, April 2021
- Nbr. 31-03, March 2021
- Nbr. 31-02, February 2021
- Nbr. 31-01, January 2021
- Nbr. 30-12, December 2020
- Nbr. 30-11, November 2020
- Nbr. 30-10, October 2020
- Nbr. 30-09, September 2020
- $______ VERDICT - MOTOR VEHICLE NEGLIGENCE - TRUCK/PEDESTRIAN COLLISION - PLAINTIFF ESTATE SEEKS AWARD OF DAMAGES FOR WRONGFUL DEATH OF 14-YEAR-OLD PEDESTRIAN STRUCK BY DEFENDANT DRIVER WHILE WALKING TO SCHOOL BUS STOP - DEFENDANT FOUND NEGLIGENT BY DEFAULT BY COURT.
Palm Beach County, FL In this motor vehicle negligence case, the plaintiff’s estate asserted that the defendant driver struck the 14-year-old pedestrian with his vehicle with such force that it caused fatal injuries. The defendant failed to appear or answer the plaintiff’s complaint and a judicial default was entered by the court. The case proceeded to trial as to damages only.
- $______ GROSS VERDICT - MOTOR VEHICLE NEGLIGENCE - AUTO/MOTORCYCLE COLLISION - PLAINTIFF DRIVER SUSTAINS OPEN FRACTURE OF RIGHT FEMUR WITH DEGLOVING INJURY - DISTAL TIBIA AND FIBULA OPEN FRACTURE OF RIGHT ANKLE - FRACTURE OF CALCANEUS REQUIRING MULTIPLE SURGERIES AND RENDERING HIM COMPLETELY DISABLED - PLAINTIFF PASSENGER SUSTAINS LESSER INJURIES BUT UNABLE TO WORK FOR 4 MONTHS - SOME RESIDUAL LIMITATIONS.
Miami-Dade County, FL In this motor vehicle negligence case, the plaintiffs, the driver and passenger of a motorcycle, asserted that the defendant driver swerved off and back on the roadway, causing a collision wherein the plaintiffs suffered significant, permanent injuries. The defendant denied negligence arguing that an unknown person was responsible for dropping debris in the roadway, presenting the defendant driver with an emergency situation wherein her only option was to swerve around the debris.
- $______ VERDICT - MOTOR VEHICLE NEGLIGENCE - AUTO/BUS COLLISION - DEFENDANT BUS DRIVER REAR ENDS VEHICLE IN WHICH PLAINTIFF IS FRONT SEAT PASSENGER - DISC HERNIATION AT L4-5 - POSTERIOR INSTRUMENTATION AT L4-5 - POSTERIOR FUSION AT L4-5 - POSTERIOR L4-5 LEFT-SIDED FORAMINAL DECOMPRESSION.
Miami-Dade County, FL In this motor vehicle negligence case, the plaintiff asserted that the defendant bus driver struck a vehicle in which the plaintiff was a passenger with such force that it caused significant, permanent injury. The plaintiff also claimed the defendant bus company was vicariously liable for the negligence of the bus driver. The defendants admitted being at fault for the accident but contested the causation of the plaintiff’s injuries and damages.
- $______ GROSS VERDICT - INSURANCE OBLIGATION - PLAINTIFF STRIKES BARRIER - SECOND IMPACT BY TORTFEASOR - UNDERINSURED MOTORIST CLAIM - MULTIPLE FRACTURES AND LACERATIONS - 20% COMPARATIVE NEGLIGENCE.
Palm Beach County, FL In this action for motor vehicle negligence, the plaintiff’s car slid on a wet road surface and collided with a highway barrier. While it was stopped, a second vehicle, driven by the tortfeasor, approached and struck it in the passenger side. The tortfeasor settled the plaintiff’s claims prior to trial and the case proceeded against the defendant insurance company as an underinsured motorist claim. The defendant maintained that the plaintiff’s injuries were caused by the first collision with the highway barrier and that the first collision was caused entirely by the plaintiff’s own negligence.
- $______ VERDICT - PREMISES LIABILITY - FALL DOWN - PLAINTIFF SLIPS AND FALLS ON WATER LEAKING FROM ICE MACHINE ON DEFENDANTS' PREMISES - FRACTURED SUBTALAR JOINT - CONSERVATIVE TREATMENT - CLAIM FOR POTENTIAL FUTURE FUSION SURGERY - DEFENDANT MOVES FOR NEW TRIAL ON LIABILITY AND DAMAGES.
Broward County, FL In this premises liability case, the plaintiff asserted that he fell and sustained injury due to a hazardous condition at the defendants’ premises. The defendants were the county longshoremen’s association doing business as the local branch of the international longshoremen’s association who owned and operated the building where the subject incident occurred. The defendant denied knowledge of a hazard and argued that there was no evidence that the ice machine was in fact leaking on the day of the purported incident.
- DEFENDANT'S VERDICT - PREMISES LIABILITY - FALLING OBJECT - FAULTY 240- POUND WATER HEATER FELL THROUGH CEILING ONTO PLAINTIFF - CERVICAL DISC HERNIATIONS AT C4-5 AND C6-7 - LUMBAR DISC HERNIATION AT L3-4; RIGHT WRIST TENDON INJURY; RIGHT SHOULDER INJURY - MULTIPLE SURGERIES INCLUDING 2 NECK SURGERIES WITH HARDWARE AND FUSION - SHOULDER SURGERY - 2 BACK SURGERIES WITH HARDWARE AND FUSION.
Miami-Dade County, FL In this premises liability case, the plaintiff asserted that the defendant property owner allowed a hazardous condition to exist on the property where the plaintiff worked that caused the plaintiff significant, permanent injury.
- DEFENDANTS' VERDICT - MEDICAL MALPRACTICE - RADIOLOGY - ALLEGED FAILURE TO TIMELY DIAGNOSE GASTRIC LEAK FOLLOWING ABDOMINAL SURGERY - WRONGFUL DEATH FROM SEPTIC SHOCK AND ORGAN FAILURE.
Lee County, FL The estate of the 56-year-old decedent brought this medical malpractice/wrongful death action against a surgeon and a radiologist, along with their respective practice groups. The plaintiff claimed that the defendants negligently failed to diagnose and treat a gastric leak following abdominal surgery thereby resulting in the decedent’s death. The defendants maintained that the decedent’s treatment met the standard of care in all respects and that she developed a delayed gastric leak after her hospital discharge, which is a known complication of the surgery performed.
- BREACH OF WARRANTY. $______ VERDICT
Breach of warranty - Plaintiff maintains purchased vehicle subsequently experienced numerous issues that caused it to require frequent repair and loss of use by plaintiff as well as diminishment of value of vehicle - Defendant failed to fix defects per terms of warranty. Palm Beach County, FL In this breach of warranty case, the plaintiff asserted that the defendant auto manufacturer failed to repair or replace an unsafe, defective vehicle that the plaintiff purchased from the defendant. The defendant denied any breach of warranty and argued that any damages suffered by the plaintiff were the result of the plaintiff’s own acts or omissions with respect to failing to bring the vehicle to the dealership or maintain the vehicle outside of the warranty period.
- CONTRACT. DEFENDANT'S VERDICT
Breach of contract - Plaintiff argues it’s owed $______ for unused services due to defendant’s inappropriate, early termination of contract between parties - Defendant denies there was valid, signed contract and argues parties had agreement that lacked essential terms and did not include requirements for early termination. Miami-Dade County, FL In this breach of contract case, the plaintiff asserted that the defendant prematurely ended a contract with the plaintiff against the terms of the agreement and thus owed for the balance of unused hours and for the remainder of the terms of the contract. The defendant disputed that they entered into a contract, disavowing the electronic signature of its manager.
- INSURANCE OBLIGATION. $______ VERDICT
Insurance obligation - Defendant insurer failed to pay on valid claim for damages from peril - Defendant asserts plaintiff’s claimed damages were not caused by covered peril and thus excluded under policy. Broward County, FL In this insurance obligation case, the plaintiff asserted that the defendant insurer breached a homeowner’s policy of insurance by refusing to pay any amounts necessary to restore the plaintiff’s property to its pre-loss condition, and that the breach resulted in damages. The defendant denied that they breached the insurance contract and denied that the damages were caused by a covered peril.
- $______ VERDICT - BREACH OF CONTRACT - BREACH OF FIDUCIARY DUTY - PLAINTIFF CLAIMS DEFENDANTS BREACHED AGREEMENT TO DEVELOP PROPERTY TO BENEFIT ONE OF DEFENDANTS' COMPANIES TO DETRIMENT OF PLAINTIFF.
Miami-Dade County, FL In this breach of contract and fiduciary duty case, the plaintiff asserted that the defendant investment holdings company, its principal, and an associated luxury auto dealership acted in bad faith and against their fiduciary duty toward the plaintiff in development of a piece ...
- $______ VERDICT - MEDICAL MALPRACTICE - REHABILITATION CENTER NEGLIGENCE - DEFENDANT FACILITY FAILS TO APPRECIATE DECEDENT'S HISTORY OF UTIS AND FAILS TO RECOGNIZE DECEDENT'S SIGNS AND SYMPTOMS OF UTI CAUSING DECEDENT TO CONTRACT SEPSIS AND UROSEPSIS - WRONGFUL DEATH OF 61-YEAR-OLD FEMALE.
Palm Beach County, FL In this medical malpractice action, the plaintiff estate maintained that the defendant rehabilitation center failed to properly diagnose and treat the decedent’s UTI causing a severe infection, sepsis, urosepsis and the wrongful death of the decedent. The defendant denied all...
- MOTOR VEHICLE NEGLIGENCE. Auto/Truck Collision. $______ VERDICT
Motor vehicle negligence - Auto/truck collision - U-turn collision - Defendant, driving semi-truck makes U-turn in front plaintiff’s vehicle, colliding with plaintiff’s vehicle - DVT due to traumatic injury to left knee - Lifelong blood thinners and risk of clotting. Alachua County, FL In this...
- $______ VERDICT - MEDICAL MALPRACTICE - FAILURE OF DEFENDANT RHEUMATOLOGIST TO DETERMINE THAT FLARE UP OF AUTO-IMMUNE DISEASE INVOLVING CYANOSIS AND BLISTERING TO HANDS AND FEET WERE INDICATIVE OF NECROTIZING VASCULITIS DURING ONE-WEEK HOSPITALIZATION - PATIENT SUFFERS GANGRENE AND LOSES NINE TOES, AS WELL AS THUMB AND TIPS OF SEVERAL FINGERS.
Broward County, FL. This medical malpractice action involved a female plaintiff in her 20s who had been diagnosed with the auto-immune disease systemic Lupus approximately one and a half years earlier, and which had been well controlled with oral steroids The plaintiff maintained that after she...
- FRAUD. $______ RECOVERY
Fraud - Medical ‘discount’ card scammers banned from selling healthcare-related products - Alleged violation of FTC Act and Telemarketing and consumer fraud and Abuse Act. U.S. District Court, Southern, Florida In this action, the Federal Trade Commission (FTC) accused a mother-son marketing team...
- PREMISES LIABILITY. $______ RECOVERY - PREMISES LIABILITY - FALLING OBJECT - APPROXIMATELY 3 FT. HIGH PROMOTIONAL BOTTLE FALLS FROM TOP OF SPEAKER WHERE IT WAS PLACED DURING SPECIAL EVENT, STRIKING PLAINTIFF SECURITY GUARD IN HEAD - MULTIPLE LUMBAR AND CERVICAL BULGES - LUMBAR SURGERY - CEREBRAL CONCUSSION AND POST-CONCUSSION SYNDROME - FREQUENT HEADACHES - ALLEGED SPOLIATION OF EVIDENCE - CASE SETTLES DURING PENDENCY OF PRETRIAL MOTIONS.
Bronx County, NY In this premises liability action, the 28-year-old plaintiff, who was employed by a security company and who was working at the defendant night club during a Halloween promotion of a brand of champagne, contended that as he was standing in front of a large speaker on the stage, an...
- $______ VERDICT - VIOLATION OF FLORIDA'S WHISTLEBLOWER ACT - WRONGFUL TERMINATION FOR REPORTING REDUNDANCY OF POLICE SOFTWARE PROGRAM - BREACH OF EMPLOYMENT CONTRACT.
U.S.D.C. - Southern District of Florida. The plaintiff was a former salesman for the two defendant software companies. He brought this action against his prior employers under Florida’s Whistleblower Act. The plaintiff alleged, among other things, that the defendants subjected him to adverse...
- $______ VERDICT - BREACH OF CONTRACT - UNJUST ENRICHMENT - PLAINTIFF PORT SERVICES PROVIDER CLAIMS DEFENDANT SHIPPING COMPANY BREACHED CONTRACT TO USE PLAINTIFF'S SERVICES EXCLUSIVELY AND ARGUES DEFENDANT UNJUSTLY BENEFITTED FROM SERVICES OF PLAINTIFF - DEFENDANT DENIES CONTRACT AND ARGUES IT PAID IN FULL FOR ANY AND ALL SERVICES.
Broward County, FL In this breach of contract action, the plaintiff port services company asserted that the defendant shipping company breached an agreement to employ the plaintiff’s services for a period of 8 years. The plaintiff maintained that the parties had had a business relationship since...
- EMPLOYER'S LIABILITY. DEFENDANT'S VERDICT
Alleged violation of Florida Private Whistleblower Protection Act - Claimed wrongful termination of employment. Miami-Dade County, FL The plaintiff brought this action under Florida’s Private Whistleblower Protection Act against the company which employed him. The plaintiff alleged that the...
- MEDICAL MALPRACTICE. $______ RECOVERY - MEDICAL MALPRACTICE - DELAY IN DIAGNOSIS OF LUNG CANCER - PATIENT UNDERGOES ROUTINE CHEST X-RAY TO CLEAR HER FOR GYNECOLOGICAL SURGERY AND RADIOLOGIST, WHO NOTED SUSPICIOUS MASS IN HIS REPORT, DID NOT SO ADVISE THE PHYSICIAN WHO CLEARED THE PLAINTIFF FOR SURGERY - WRONGFUL DEATH.
Bergen County, NJ. This was a medical malpractice action involving a female patient, age 49 at the time of her death, in which it was contended that the defendant radiologist, who reviewed a routine chest x-ray taken for the purpose of clearing the patient for gynecological surgery involving the...