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Donald Gibson’s Legal Cases

14 total


  • Elevator Death Case

    Practice Area:
    Construction & Development
    Date:
    Nov 01, 2002
    Outcome:
    Summary Judgment in favor of Architect
    Description:
    Wrongful death action involving the decapitation of a six year old boy in the elevator of a three story home in Santa Rosa Beach (Pensacola), Florida. Plaintiff parents alleged that design, manufacturing and construction deficiencies in the elevator safety/control systems, as well as the elevator cab, shaft and exterior (building) doorways, produced a “trap” for persons using the elevator, and were significant violations of both the Life Safety Code and Elevator Safety Code. Unlicensed (in Florida) Texas architect client (who had no MEP engineering consultants) was alleged to have wrongfully approved the elevator-related shop drawings and submittals, and to have designed an elevator shaft and exterior (building) doorways that were, in part, the cause of the accident. The case has been reported to be the largest recovery in a child wrongful death case in the history of the State of Florida. Mr. Gibson successfully defended all claims against the architect client. Mr. Gibson was successful in obtaining a summary judgment exonerating the architect client of any fault for the wrongful death of the six year old boy.
  • “___________” Condominiums.

    Practice Area:
    Construction & Development
    Outcome:
    Settlment in Favor of Client
    Description:
    Water intrusion and IAQ case involving defective design and construction of the exterior wall systems of a large multi-building condominium project which led to water intrusion problems, structural damages, and extensive mold and IAQ issues. These issues resulted in the partial evacuation of the project, the total remediation of the exterior wall systems; the removal, replacement, and upgrade of some of the HVAC systems, as well as the replacement of many of the interior finishes, including drywall, carpeting, and ceiling components, and the remediation of the IAQ and mold issues. Mr. Gibson successfully represented the Owner (Condominium Association) against the developer and the companies involved in the design and construction of the project. The lawsuit resulted in a seven figure settlement for the Owner client.
  • Harbor House Luxury Apartment Tower

    Practice Area:
    Construction & Development
    Date:
    Aug 01, 2002
    Outcome:
    Case Dismissed
    Description:
    Nationally known mold and IAQ case involving alleged inadequate outdoor air ventilation, and extensive mold, mildew and water intrusion problems that resulted in the complete evacuation of the building. There were numerous lawsuits filed as a result of these issues. One of the lawsuits was the first mold class action lawsuit certified in the United States. The commercial and personal injury claims were alleged to be over $1 billion. After the project was evacuated, the project underwent a remediation of the exterior wall systems; the removal, replacement, and upgrade of the HVAC and electrical systems; the replacement of many of the interior finishes, including drywall, carpeting, and ceiling components; and the remediation of the IAQ and mold issues. The mechanical engineering client was alleged to have improperly designed the HVAC systems. Mr. Gibson successfully defended the mechanical engineering client
  • WFLA TV Station

    Practice Area:
    Construction & Development
    Date:
    Jan 07, 2008
    Outcome:
    Jury Trial - Defense Verdict in favor of Client
    Description:
    Case involving alleged extensive mold, mildew and water intrusion problems resulting from cracks in the poured-in-place reinforced concrete exterior wall systems of the five-story building. These issues resulted in the partial evacuation of the project, the coating of the exterior wall systems with a reinforced coating system, as well as the replacement of some of the interior finishes, including drywall, carpeting, and ceiling components. Original building cost: $30 million. Remediation costs (including attorney’s fees and costs): $7 million. Mr. Gibson successfully defended the only entities involved in the design and construction process (the architect and structural engineer) that did not suffer a defeat to Owner. The case was tried before a jury in Federal Court. The jury awarded the architect client a defense verdict.
  • Martin County Courthouse

    Practice Area:
    Construction & Development
    Outcome:
    Settlement in favor of Clients
    Description:
    Nationally known IAQ case involving alleged inadequate outdoor air ventilation, and extensive mold, mildew and water intrusion problems. These issues resulted in the total evacuation of the project; the remediation of the exterior wall systems (EFIS wall system); the removal, replacement, and upgrade of the HVAC and electrical systems; as well as the complete replacement of all interior finishes, including drywall, carpeting, and ceiling components. Original building cost: $11 million. Remediation costs (including attorney’s fees and costs): $26 million. Mr. Gibson successfully defended the only three entities involved in the design and construction process (architect, structural engineer and electrical engineer) that did not suffer a defeat to Martin County, and in the process made Martin County pay the clients’ attorney’s fees. All of the other Defendant companies in the design and construction process (including sureties and insurance companies) either settled with (paid money to) Martin County, had judgments entered against them at trial, or declared bankruptcy. Mr. Gibson also later successfully defended the Project architect against multiple personal injury lawsuits arising from this Project.
  • Thomas v. Alloy Fasteners

    Practice Area:
    Intellectual Property
    Date:
    Feb 01, 1995
    Outcome:
    Injunction entered / Affirmed on Appeal
    Description:
    Uniform Trade Secrets Act Case. Mr. Gibson was successful in arguing for the entry of an injunction against Defendant Thomas relating to the misappropriation of Alloy Fastener's trade secrets (customer lists, profit / pricing information, etc.) and requiring the return of a large amount of company product. Defendent Thomas appealed the Injunction Order and filed a Motion for Writ of Prohibition against the Trial Judge. Mr. Gibson was successful in defending the appeal of the Injunction Order and in convincing the Appellate Court to not enter a Writ of Prohibition against the Trial Judge.
  • Russell v. Shapiro, et al.

    Practice Area:
    Libel & Slander
    Outcome:
    Case Dismissed / Appeal Dismissed
    Description:
    Defendant Russell filed suit against the Board Members of the Cavalier King Charles Spaniel Club, USA, Inc. (CKCSC) alleging that the CKCSC had defamed Defendant Russell. Mr. Gibson was successful in arguing for the dismissal of the Case, and in arguing for the dismissal of the Appeal.
  • Lockheed – Astronaut’s Turning Basin

    Practice Area:
    Construction & Development
    Date:
    Dec 02, 1996
    Outcome:
    Arbitration - De minimus Award
    Description:
    Multi-party delay case involving an a alleged erroneous pre-dredge hydrographic survey that the dredging contractor alleged resulted in significant damages to its dredging equipment, and delay-related damages in the millions of dollars. Civil engineering client was alleged to have generated an erroneous hydrographic survey that reportedly failed to properly depict the location of the actual navigable waterways of the canals and turning basin wherein the Space Shuttle’s solid rocket boosters are transported and recovered for over-land transport and refurbishment by NASA. The case was tried before a Panel of very experienced construction arbitrators in Federal Court. Mr. Gibson successfully defended the civil engineering client. The Plaintiff dredging contractor received an award of only $26,000, a sum that was only a small fraction of the Plaintiff dredging contractor's claims.
  • City of Kissimmee – U.S 192 Widening

    Practice Area:
    Construction & Development
    Date:
    Nov 01, 2007
    Outcome:
    Summary Judgement in favor of Client
    Description:
    Multi-party delay case involving the widening of U.S. 192 in Kissimmee, Florida, a Florida Department of Transportation (FDOT) Project. General contractor claimed over $25 Million in delay-related damages allegedly arising from unforeseen subsurface conditions, erroneous subsurface utility surveys, design deficiencies, and active interference of the various parties and governmental entities involved in the Project. Mr. Gibson represented the governmental owner and utility client, City of Kissimmee. Mr. Gibson successfully defended all claims against the City. On the eve of Trial, Mr. Gibson was successful in obtaining a summary judgment exonerating the City of any fault for the General Contractor’s alleged delay damages.
  • Morton Plant Hospital, Clearwater, Florida

    Practice Area:
    Construction & Development
    Date:
    May 03, 1999
    Outcome:
    Case Dismissed
    Description:
    Multi-party delay case involving the construction of new campus-wide domestic, hot water, gas and steam piping systems and tunnels for Morton Plant Hospital in Clearwater, Florida. The total of all parties’ claims were over $20 Million in defect and delay-related damages allegedly arising from design and construction deficiencies, and active interference of the various parties and governmental entities involved in the Project. The majority of the claims arose from the total failure of the insulated steam piping system. Mr. Gibson represented the MEP engineer. Mr. Gibson successfully defended all claims against the MEP engineer, including a dismissal of all subrogation claims asserted against the MEP engineer by the builder’s risk insurance carrier.