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Donald Hayden Gibson's Legal Cases (17)

Orlando, FL

Construction and development Lawyer at Orlando, FL

Practice Areas: Construction & Development, Insurance

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Construction and development

Lockheed – Astronaut’s Turning Basin

Dec 02, 1996

OUTCOME: Arbitration - De minimus Award

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.

Intellectual property

Thomas v. Alloy Fasteners

Feb 01, 1995

OUTCOME: Injunction entered / Affirmed on Appeal

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 (custome ... r 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.

Libel and slander

Russell v. Shapiro, et al.

N/A

OUTCOME: Case Dismissed / Appeal Dismissed

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 i ... n arguing for the dismissal of the Case, and in arguing for the dismissal of the Appeal.

Construction and development

Belle Terre Parkway Delay Case

N/A

OUTCOME: Settlement in favor of Client

Multi-party delay case involving the widening of Belle Terre Parkway in Flagler County, Florida. General contractor claimed over $3 Million in delay-related damages allegedly arising from an alleged i ... nsufficient stromwater system design (detention pond was allegedly not included in Project scope), 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, Flagler County, Florida. Mr. Gibson successfully defended all claims against the County. On the eve of Trial, Mr. Gibson was successful in obtaining a summary judgment exonerating the County of any fault for the General Contractor’s alleged delay damages, and finding liability against the General Contractor and its surety for the County's Counterclaims. The General Contractor and its surety were then forced to pay the County a significant six-figure amount to settle the Case. Note: Mr. Gibson initially represented the civil engineer of record in this case when it was sued by the County (third-party complaint) after the County was unsuccessful in having the Contractor's Complaint dismissed. Mr. Gibson successfully extricated the civil engineer by prevailing on a motion for summary judgment against the County. The County then retained Mr. Gibson to represent the County against the General Contractor.

Class action

Trump Casinos Class Action

N/A

OUTCOME: Sucessfully defended class action claims

Plainitffs filed class action claims against Clients (Trump Castle Hotel & Casino, Inc., Trump Taj Mahal Corp., The Trump Group, Ltd. and Claridge at Park Place, Inc. (the "Trump Casino Entities") and ... a number of other casino owners and operators, and casino gambling machine manufacturers and distributers, in North America alleging "fradulent marketing and operation of casino video poker machines and electronic slot machines" through, among other things, alleged modifications to the computer programming of these casino machines. The Plainitffs sought unspecified damages that were alleged to exceed $1 Billion. The claims included actions allegedly based upon fraud and RICO Act violations. Mr. Gibson successfully defended the Trump Casino Entities.

Construction and development

Martin County Courthouse

N/A

OUTCOME: Settlement in favor of Clients

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; t ... he 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.

Construction and development

“___________” Condominiums.

N/A

OUTCOME: Settlment in Favor of Client

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 dam ... ages, 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.

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