April 2010. - Bill Martin was successful in opposing a plaintiff’s motion for leave to file lawsuit against a court-appointed receiver. The court agreed with Mr. Martin’s argument that the allegations against the receiver stemmed directly from performance of his duties as authorized by the order of the court that appointed him. The court held that where a receiver acts in accordance with court order and direction, the court order under which he acts will a complete defense to personal liability.

March 2010. - Bill Martin was successful in obtaining dismissal of a legal malpractice case with prejudice based on Plaintiff’s inability to allege “exoneration” and “post conviction relief” in the underlying criminal case in which the defendant attorney represented the Plaintiff.

February 2010. - Heather Wallace-Bridwell obtained a successful verdict in a jury trial involving an auto accident in Palm Beach County, Florida. The client admitted responsibility for causing the rear-impact collision and the case was tried on damages only. The Plaintiff claimed multiple disc herniations to the cervical spine and underwent three surgeries following the accident. The plaintiff’s past medical bills were over $250K, and she claimed a need for extensive future treatment and pain and suffering. The plaintiff requested over $1 million in damages during closing arguments. We argued that the MRI films showed long-standing degenerative disc disease and spurring that was not caused by the accident, and that at most the plaintiff sustained a muscle strain to the neck as a result of the accident that required no surgery. The jury agreed and awarded a verdict of $24K, prior to the $10K PIP set-off. The jury awarded no amount for future medicals or pain and suffering. Attorney’s fees and costs will be sought from the plaintiff pursuant to proposals for settlement that were filed in the case.

January 2010. - William Martin picked a jury in a legal malpractice case, following which Plaintiff essentially surrendered based upon the defense opening argument, which focused on lack of causation. The case involved allegations that the defendant lawyer negligently drafted a deed provided as security for an antecedent debt, by ignoring the homestead interest of the debtor’s wife. The case also involved issues relating to the handling of eviction and quiet title actions by the defendant lawyer. The settlement was for less than the anticipated cost of defense at trial.

December 18, 2009. - Dennis Vandenberg successfully defended a Palm Beach County general dentist accused of failing to properly follow up on an aborted third molar extraction by direct referral of patient to an oral surgeon and/or provide the patient with antibiotics. The plaintiff was hospitalized overnight for completion of the extraction and debridement of the infected area. The plaintiff had claimed approximately $12,000 in medical expenses. He also contended that the doctor told him he had 30 days to address the situation, rather than as soon as possible recommendation as testified by the dentist. The plaintiff called a local general dentist with minimal recent experience with third molar extractions. The defense called an Oral Surgeon/MD in addition to reading the deposition of the treating Oral Surgeon. The jury deliberated for approximately 2.5 hours before returning a defense verdict. The plaintiff was represented by a local Dentist/Attorney.

November 2009. - Rucks: Mr. Mortell successfully obtained a defense verdict on behalf of an architect in Martin County. The Plaintiffs alleged negligent design theories relating to the design of a significant residential property. After a 1-week arbitration, the arbitrator entered a defense verdict in favor of the architect.

October 2009. - Santidrian: Mr. Mortell obtained a summary judgment in favor of a realtor in an Interstate-Land Sales Act (“ILSA”). The U.S. District Court for the Southern District of Florida, in the decision of Santidrian v. Landmark /Bell, ruled that the realtor was not subject to the ILSA claims based on the facts of the case. This case is currently pending before the 11th Circuit Court of Appeals.

October 2009. - Shelli Healy successfully defended a roofing contractor in a Department of Business and Professional Regulation investigation. The claimant alleged various violations of Chapter 489 of the Florida Statutes. The Department dismissed the complaint and found no probable cause to support the allegations.

September 22, 2009. - Dennis Vandenberg and co-counsel Brian Russell successfully defended a Martin County anesthesiologist/pain management physician in a claimed RSD injury from a cervical epidural. The Plaintiff, an individual with numerous injuries and cervical and lumbar procedures contended that he was pressured into a cervical rather than a lumbar epidural on the day of the incident. The physician testified that the patient jerked backwards when the isovue was injected. Initially the MRI showed a contusion to the cord, which disappeared after one year. The Plaintiff contended that he had RSD in his entire right arm. The signs and symptoms were inconsistent with RSD. The Plaintiff’s expert testimony was overwhelmed by a nationally recognized pain management specialist who testified not only to the standard of care but the lack of support for a diagnosis of RSD. The defense neurological evaluation had the same findings. Plaintiff’s sought $500,000 from the defendant, and after 90 minutes of deliberation found in favor of the defense.

August 27, 2009. - Dennis Vandenberg successfully defended a Palm Beach County endodontist accused of causing nerve injury as a result of root canal therapy. The Plaintiff was an 81 year old widow who had claimed immediate onset of pain and numbness following a lower left root canal treatment. Her history to several dentists was inconsistent. The numbness was confirmed by the defense neurologist but was again variable. The Plaintiff was represented by a dentist/attorney who was allowed at the last minute to add an oral surgeon as a standard of care expert. Plaintiff’s counsel also accused the dentist of making false entries into his electronic record. Imaging studies and an inconsistent history supported the defense position. The jury deliberated for five minutes followed by lunch before returning a defense verdict. The Plaintiff had asked the jury for $250,000.

August 17, 2009. - Dennis Vandenberg obtained a defense verdict for a local periodontist accused of producing a nerve injury after placement of several dental implants. The Plaintiff had supporting testimony from a nationally acclaimed oral surgeon associated with the University of Miami in addition to CT imaging studies. On the defense side, there was documentation of a delay in the onset of the complaints and a potential subsequent treater who caused or contributed to the injury. There were also contradictory CT images and testimony from another oral surgeon. The Plaintiff asked the jury for $500,000 and after 90 minutes of deliberation the jury in Palm Beach County returned a defense verdict. A substantial offer had been made pretrial to settle the matter.

July 2009. - Bill Martin recently obtained a defense verdict in a jury trial involving a collision between a bicycle and an automobile in a shopping plaza parking lot. The minor plaintiff had the right of way and the defendant had a stop sign. The minor’s leg was run over in the accident and he sustained a fractured femur. He subsequently fractured the same femur on two successive occasions; and his physician related the two subsequent fractures to the original injury. Medicals exceeded $200,000. Defendant only had a $10,000 liability policy, so the defense verdict was well received.

July 2009. - Heather Wallace-Bridwell and Ted Mortell obtained summary judgment on behalf a realtor who was sued by the plaintiffs in Federal Court for alleged violations of the Interstate Land Sales Full Disclosure Act(ILSA). The motion for summary judgment argued that the realtor could not be liable as an agent under ILSA under traditional agency principles. The court agreed and granted summary judgment in favor of the realtor, thereby finding that the plaintiffs were not entitled to any damages from the realtor. The realtor will be requesting that the court order the plaintiffs to pay the realtor’s attorney’s fees and costs.

June 2009. - Hickman: Mr. Mortell obtained a summary judgment in favor of a realtor who was sued for malicious prosecution. The summary judgment was affirmed by the 4th DCA in Hickman v. Wyer, Case No. 4D08-115. Additionally, the trial court awarded attorney fees and costs pursuant to a proposal for settlement filed by Mr. Mortell. The 4th DCA recently upheld the recovery of attorney fees and costs for $90,000. Unfortunately for the Plaintiff, he will have to pay out in excess of $100,000 for attorney fees and costs as a result of bringing this action.

February 2009. - Heather Wallace-Bridwell obtained a successful verdict in a jury trial involving an auto accident in St. Lucie County, Florida. The defendant admitted responsibility for the side-impact collision and the case was tried on causation and damages only. Plaintiff claimed multiple disc herniations to the cervical and lumbar spine and claimed that she needed a cervical fusion surgery as a result of the accident. The plaintiff requested approximately $700K in damages during closing arguments. We argued that the MRI films showed only degenerative changes that were not caused by the accident, and that at most the plaintiff had a temporary aggravation of her degenerative spinal condition. The jury agreed and awarded a verdict of $19K, prior to the $10K PIP set-off, which was only a portion of the plaintiff’s past medicals, and awarded no amount for future medicals or pain and suffering. The verdict was less than two proposals for settlement that were filed by the defense prior to trial.

September 2008 - Heather Wallace-Bridwell obtained summary judgment on behalf of a realtor who was sued by the plaintiff for conspiracy to intentionally interfere with a business relationship. The realtor represented one of the owners of a home that was part of a divorce proceeding. The plaintiff alleged that the realtor and the plaintiff’s ex-husband conspired to interfere with the sell of the home. The defense argued that there can be no tort of intentional interference with a business relationship when the alleged co-conspirator (the ex-husband) was a necessary party to the contract that was allegedly interfered with, and that the evidence showed that the realtor committed no independent act to interfere with the sell of the home. The court agreed and granted summary judgment.

August 2008. - Heather Wallace-Bridwell obtained summary judgment in a premises liability case on behalf of the owner of an apartment building in Ft. Pierce. The plaintiff alleged that the building owner negligently maintained the property and a broken chair left on a walkway caused her to fall and sustain injuries, including a broken hip. In the motion for summary judgment, the defense argued that it did not breach a duty to the plaintiff and that the fall was caused by the plaintiff’s own negligence and not by any wrongdoing on the part of the apartment building owner. The court agreed and granted the motion for summary judgment.

June 2008 – Sarah Vazquez obtained final summary judgment in a premise liability case in Martin County where the Plaintiff alleged that the Defendant, a general contractor performing road work in the area in question, negligently maintained the sidewalk on which Plaintiff alleges she fell. The Defendant countered that they did not owe a duty to Plaintiff to maintain the sidewalk as they did not own, possess or control the premises. The judge agreed there was no genuine issue of material fact and entered final summary judgment on those grounds.

April 2008. – Ted Mortell obtained a defense verdict in a jury trial involving an automobile accident which occurred in Vero Beach. The judge bifurcated the trial and the issue of liability was presented to the jury, who returned a verdict for the Defendant.

November 2007. - Edwin “Ted” Mortell and James Morrison obtained final summary judgment on behalf of a defendant in a malicious prosecution and negligence action after over seven years of litigation. The case involved an alleged altercation in Palm Beach when the defendant confronted the plaintiff in defendant’s neighbor’s vacant home. The Plaintiff, a real estate attorney, allegedly went onto the property without authority to obtain the name of the owner in order to deny the Defendant, a real estate agent, a commission on the vacant home. The Plaintiff was subsequently charged with trespass, petit theft, and battery. After the Plaintiff was found not guilty on all counts in the criminal trial, he sued the Defendant for malicious prosecution and negligence. The Court determined the plaintiff could not maintain an action for malicious prosecution, as the elements of probable cause were present, and the Defendant was not a legal cause of the criminal prosecution. As to the negligence claim, the Court agreed that the Defendant did not owe any legal duty of care to the Plaintiff arising out of the encounter. The Defendant’s motion for attorney’s fees and costs is pending.

October 2007. - Following Heather Rogers Barrow’s filing of a Motion for Sanctions, the plaintiff elected to file a voluntary dismissal in a significant personal injury suit involving a claim of a paralyzed diaphragm.

September 2007. – Sarah Vazquez obtained a voluntary dismissal for her client in a gas leak case venued in St. Lucie County. Plaintiff, a utilities company, claimed that the Defendant company improperly buried cable in a residential area, which resulted in a severed gas line and substantial loss of profits. The defense was predicated upon the theory that Defendant did not lay the type of cable which allegedly caused the gas leak.

August 2007 – Shelli Healy prevailed on a Motion to Dismiss, in part, on behalf of a rental car company pursuant to the Federal Transportation Equity Act. Plaintiffs sued the rental car company under a theory of vicarious liability for significant injuries sustained in a May 2007 motor vehicle accident. The Court granted Defendant’s Motion to Dismiss, limiting Plaintiffs’ claimed damages to $10,000/$20,000 pursuant to Fla. Stat. 324.021(7).

June 2007 – Brian Russell prevailed on an appeal before the Fourth District Court of Appeal where the Court upheld a defense verdict from a medical malpractice case in Palm Beach County, Florida.  The appeal resulted from a six week jury trial in April of 2005 where Dennis Vandenberg and Brian Russell successfully defended an anesthesiologist.  The case involved a patient that had undergone back surgery which included a fusion and an autologous bone graft.  During the bone graft, an artery was nicked which caused an internal bleed.  The patient alleged that the defendant doctors and hospital failed to timely recognize and treat the bleed which eventually resulted in bilateral foot drop and an alleged brain injury.  The jury deliberated for approximately two hours before returning a verdict in favor of all defendants.

June 2007 – Dennis Vandenberg and Brian Russell successfully defended an anesthesiologist in a medical malpractice case in Palm Beach County, Florida wherein the Plaintiff chose to voluntarily dismiss his case on the even of trial and after 2 years of litigation.   The case involved allegations that the anesthesiologist administered and/or allowed the patient to be given a medication that she was allergic to during a transforaminal epidural steroid injection.  The patient died from a severe anaphylactic reaction shortly after the epidural injection.  The defense established that there was no plausible evidence that the anesthesiologist gave the medication that triggered the anaphylactic reaction.

May 2007 – Dennis Vandenberg and Brian Russell successfully defended an anesthesiologist and a certified registered nurse anesthetist (CRNA) in a medical malpractice case in Palm Beach County, Florida wherein the Plaintiffs chose to voluntarily dismiss their case after 2 ½ years of litigation. The patient had been hospitalized following an automobile accident wherein he fractured his neck and wrist. Following surgery to repair his wrist, the patient’s condition began to deteriorate and the Plaintiffs alleged that there was a failure to timely secure the patient’s airway via a blind nasal intubation which resulted in a hypoxic brain injury, acute respiratory distress syndrome (ARDS) and resulting cognitive and physical impairment. The defense was able to establish that the cause of the patient’s brain injury was most likely the result of a vertebral artery dissection that occurred around the time of the automobile accident.

December 2006 –  Sarah Vazquez obtained a voluntary dismissal on behalf of her client under threat of a motion to dismiss due to fraud upon the court, after receiving testimony from Plaintiff's former employer that the Plaintiff removed evidence of disciplinary action from her personnel file. Plaintiff alleged injuries which ultimately resulted in surgery to her neck.

November 2006 – Jerome Silverberg and Dennis Vandenberg obtained a defense verdict on behalf of a family physician after a 5 day jury trial in Lee County, Florida.  The case involved an alleged failure to diagnose breast cancer.  The testimony focused on the self-reported history given by the patient to the defendant doctor during one office visit and as corroborated by two witnesses.  At the time of trial, the plaintiff had Stage IV breast cancer.

August 2006 – Dennis Vandenberg obtained a defense verdict in a dental malpractice after a 5 day jury trial in Broward County, Florida.  The Plaintiff alleged that the Defendant dentist failed to timely diagnose an ameloblastoma and failed to refer the patient to an oral surgeon for treatment.  The Plaintiff eventually underwent jaw surgery to remove the tumor and reconstruction of the jaw.  As a result, the Plaintiff experienced a nerve injury which affected facial symmetry and compromised everyday jaw functions.  The jury deliberated for 90 minutes before returning a verdict on behalf of the Defendant.

August 2006 – Bart Cozad obtained a final dismissal with prejudicefor lack of prosecution by the plaintiff despite his claim that the failure to prosecute the case was due to medical conditions.  This was a serious injury case in which the plaintiff incurred over $100,000 in medical bills.

July 2006 – Dennis Vandenberg and Brian Russell successfully defended an anesthesiologist in a medical malpractice case in Palm Beach County, Florida wherein the Plaintiffs chose to voluntarily dismiss their case one the eve of trial and after 2 years of litigation.  The case involved an alleged perforation to the Plaintiff’s left eye during a retrobulbar anesthetic block which resulted in a hemorrhagic choroidal detachment and eventual blindness.  Based on careful review of pre-operative ultrasounds, the defense successfully demonstrated that the hemorrhagic choroidal detachment actually began 2 days prior to the administration of the retrobulbar anesthetic block.

June 2006 - Shelli Healy obtained a final summary judgment on behalf of a landlord in a premises liability incident that occurred on September 22, 2000.  Plaintiff alleged that while he was renting the home owned by the defendant, a fan fell from the ceiling without warning, striking plaintiff in his neck and back.  The ceiling fan was installed by a former tenant without the landlord’s knowledge or consent.  Plaintiff occupied the premises for nearly seven months prior the incident and operated the ceiling fan on a daily basis and never noticed any problems with the fan.  The defendant/landlord moved for final summary judgment since Plaintiff failed to provide any evidence that he had actual or constructive knowledge of the alleged dangerous condition.

June 2006 – Dennis Vandenberg successfully defended an anesthesiologist in a medical malpractice case in Hillsborough County, Florida wherein the Plaintiffs chose to voluntarily dismiss their case against the Defendant anesthesiologist on the eve of trial and after more than 1 ½ years of litigation.  The case involved an alleged nerve injury and resulting brachial plexopathy caused by an interscalene anesthetic block before a shoulder surgery.

May 2006 – Brian Russell successfully collected attorney’s fees and costs from a Plaintiff in a medical malpractice in Palm Beach County, Florida.  In June of 2005, Dennis Vandenberg and Brian Russell obtained a defense verdict after a two week jury trial in which the Plaintiff alleged that the Defendant certified registered nurse anesthetist (CRNA) failed to properly intubate the Plaintiff during an emergency surgery to remove a small bowel obstruction.  The Plaintiff aspirated gastric content and developed acute respiratory distress syndrome (ARDS) and alleged cognitive and physical impairment.  After dropping his appeal in March of 2006, the Plaintiff paid attorney’s fees and costs incurred by the defense from approximately 1 year before trial through verdict.

October 2005 – Sarah Vazquez obtained a voluntary dismissal on behalf  of her client in a case where the plaintiff alleged that the defendant negligently installed a heater in their home, which subsequently burned to the ground. The dismissal was predicated under a threat of a 57.105 motion, based upon sworn testimony from the fire inspector regarding the origin of the fire.

September 2005 - Eric Peterson and Shelli Healy obtained a final summary judgment on behalf of an employer in a wrongful death action arising out of a work related accident. The employee was killed on a job site when a road grader backed over him.  Plaintiff’s estate argued that the employer had engaged in conduct that was substantially certain to result in injury or death based upon a non-functioning back up alarm on the grader.  The  motion for final summary judgment predicated upon workers compensation immunity  pursuant to Fla. Stat. 440.11. The plaintiff appealed the court’s ruling to the 4th DCA where the trial court’s ruling was affirmed.

September 2005 - Shelli Healy obtained a final summary judgment on behalf of a popular restaurant against plaintiff’s claim that she developed food poisoning from a meal she ate on January 10, 2003.  Plaintiff was unable to demonstrate that her injuries were caused by the meal.

August 2005 - Bart Cozad obtained a final summary judgment in a case where the plaintiff brought a personal injury claim following a trip and fall on a sidewalk under construction by defendant/construction company. 

August 2005 - Eric Peterson and Shelli Healy obtained a final summary judgment on behalf of a defendant in a third party action for contribution.  Plaintiff, an employee of the defendant was seriously injured on July 31, 2001 when the tractor he was operating was struck by a golf cart. The plaintiff was thrown from the tractor and was then run over by the tractor.  The owner and the driver of the golf cart both  filed a third party complaint against the defendant alleging that it engaged in conduct that was substantially certain to result in injury or death since the tractor was not equipped with a seatbelt.  The defendant’s motion  for final summary judgment was predicated upon workers compensation immunity under Fla. Stat. 440.11. 

June 2005 - Dennis Vandenberg and Brian Russell obtained a defense verdict after a two week jury trial in Palm Beach County, Florida.  The plaintiff alleged that the Defendant certified registered nurse anesthetist (CRNA) failed to properly intubate the plaintiff during an emergency surgery to treat a small bowel obstruction.  The plaintiff aspirated gastric content and developed acute respiratory distress syndrome (ARDS) and alleged cognitive and physical impairment.  The jury found that there was no negligence on the part of the CRNA that was a legal cause of injury or damage to the plaintiff.

May 2005 –  Bart Cozad obtained a final summary judgment on behalf of a defendant in a premises case involving a fall from a swing which was permanently affixed to the defendant’s house. The defendant had rented the property out and summary judgment was granted on the basis that he owed no duty to the plaintiff because the renter had installed the swing and there was no notice of a dangerous condition.

April 2005 – Dennis Vandenberg and Brian Russell obtained a defense verdict on behalf of an anesthesiologist after a six week jury trial in Palm Beach County, Florida.  The plaintiff had undergone back surgery which included a fusion and an autologous bone graft.  During the bone graft, an artery was nicked which caused an internal bleed.  The plaintiff alleged that the defendant doctors and hospital failed to timely recognize and treat the bleed which eventually resulted in bilateral foot drop and an alleged brain injury.  The jury deliberated for approximately two hours before returning a verdict in favor of all defendants.

November 2004 - Eric Peterson and Shelli Healy obtained a final summary judgment on behalf of  the owner of a tractor-trailer in a wrongful death action brought by the decedents estate against the owner for vicarious liability under Florida’s Dangerous Instrumentality Doctrine.  Plaintiff was killed instantly when her vehicle was struck from behind by the tractor-trailer owned by the defendant.  The tractor-trailer was driven by an employee of the co-defendant company that leased the tractor-trailer from the owner.  The owner moved for final summary judgment arguing that it was exempt from liability as the owner of the tractor-trailer pursuant to Fla. Stat. 324.021(9)(b)(1).  This statute relieves an owner/lessor from liability under Florida’s Dangerous Instrumentality Doctrine so long as the lease term is for one year or longer and the lessee maintains liability insurance that provides coverage limits not less than the limits set forth in the statute.  The trial court entered final summary judgment in favor of the owner and plaintiff appealed the ruling to the 4th DCA where the ruling was affirmed.  The case proceeded to trial against the co-defendants and the jury awarded over $12,000,000 in damages.