Marget Cole v. Citizens Property Insurance Corporation
Feb 01, 2014
OUTCOME: Plaintiffs Verdict
Obtained a verdict for Ms. Cole on her sinkhole claim with Citizens Property Insurance Corporation.
Ms. Cole filed a claim with Citizens which was denied based on testing by HSA Engineering and Sci...entists. Ms. Cole then went to Neutral Evaluation and Robert Stach, P.G. from Madrid Engineering confirmed HSA's opinion that sinkhole activity was not affecting Ms. Cole's home.
Our firm retained Arthur Baker, P.E. from Westcoast Forensic Consulting Group to test areas of Ms. Cole's home that were clearly missed by the earlier firms. Based on the additional testing, Mr. Baker confirmed that sinkhole activity was occurring at Ms. Coles' home. Our firm then retained James Funderburk, P.G., P.E., to review the reports and provide an independent as to the cause of damage. Mr. Funderburk concurred with Mr. Baker that sinkhole activity was a cause of the damage.
After a three day trial Pasco County the jury returned a verdict in favor of Ms. Cole.
Slip and fall accident
Larry Royal and Barbara Royal v. Michael W. Gunnin and Deborah Gunnin
May 01, 2013
OUTCOME: Defense Verdict
Defense jury verdict in Collier County in a slip and fall case styled Larry Royal and Barbara Royal v. Michael W. Gunnin and Deborah Gunnin. I represented the Defendants,Michael W. Gunnin and Deborah G...unnin.
Plaintiffs alleged that Mr. Royal was walking on the sidewalk past the Defendants' home when the Defendants' English Bulldog suddenly lunged toward him. Mr. Royal claimed that this caused him to step off of the sidewalk and slip on wet grass located between the sidewalk and the roadway. As result of the fall, Plaintiff completely shattered his elbow and required six surgeries, including two by a world renowned orthopedic surgeon in Boston, Dr. David Ring. Despite the surgeries, Plaintiff's elbow is still is not fully functional. Additionally, Plaintiff contracted MRSA from one of the surgeries and had to go through several months of treatment for the infection. The total cost of his medical treatment was in excess of $230,000.00.
Plaintiffs alleged Defendants were negligent in failing to properly leash their dog, failing to warn of the dog's presence and failing to warn of a defect in the wet, grassy area. Testimony elicited by the defense, however, showed that Defendants' dog had never lunged at anyone. Additionally, the dog had three surgeries to repair torn ligaments in her back legs approximately three years prior to Mr. Royal's fall. As a result of those surgeries it was difficult for her to walk, let alone lunge. During a lengthy cross examination, the defense was able to elicit testimony from Mr. Royal that he had multiple options to avoid the dog on the day of his fall, and he could have avoided the injury. At the end of the trial, the Plaintiffs asked the jury to return a verdict in their favor in excess of $700,000.00. Defense did not challenge the injuries or the amount of medical bills, but did challenge liability and the amount claimed for pain and suffering. The jury deliberated only 45 minutes before returning a verdict in favor of the Defendants.
