Attorney William Ashby Underhill's Legal Cases

Litigation

Slow Brew

Apr 19, 2022

OUTCOME: Defense Verdict

We defended two companies and a principal in a case for Declaratory Judgment after we had the remaining counts dismissed with prejudice, with the exception of one count that relied upon the result of t ... he declaratory judgment action. Plaintiff claimed that it remains a co-owner of Company A with Partner B and that Company A owned 40% of Company C. We represented Partner B, Company B and Company C who claimed claimed that an agreement was reached, and that Plaintiff owns Compnay A and Company C interest was transferred to Partner B pursuant to the agreement made by the principals of Company A. Plaintiff brought the claims two years after he left the start up company and discoverying that it was making substantial profits.

Landlord or tenant

Putnam Centre

Nov 02, 2016

OUTCOME: Defense/Counter Plaintiff verdict (won)

Client was sued for breach of a commercial lease. We filed a counter claim alleging the landlord breached first by failing to maintain the roof properly. Landlord claimed the roof directly over the s ... pace rented was new and the leaks were caused by the air-conditioning which was our clients responsibility. We prevailed at trial.

Insurance

Maharaj

Jul 12, 2016

OUTCOME: Dismissal with Prejudice

Plaintiffs brought a breach of contract claim against my client, an insurance company. Plaintiff alleged their home sustained $38,000.00 in damage as a result of a storm. Inspection of the home only s ... howed wear/tear and deterioration of the home and our meteorologist opined that there was not a storm in the area on the alleged date of loss capable of damaging the property. Plaintiffs' claim initially had a few inconsistencies, but through discovery and investigation, we were able to show material misrepresentation regarding their claim. We filed a motion to dismiss for fraud upon the court the day before pre-trial hearing. The court continued trial and scheduled the evidentiary hearing for the motion on the trial date. Plaintiffs voluntary dismissed the case prior to the hearing on our motion o dismiss for fraud.

Personal injury

Filipe v Sharp

Jun 08, 2016

OUTCOME: Defense

Personal injury claim against my client arising out of a 40 mph rear end collision. Plaintiff claimed permanent injuries, mainly a herniated disc in her lumbar spine. We presented expert witness that ... disputed the herniated disc and permanent injuries. The jury found in our favor that there was no permanent injury; therefore no pain and suffering. The jury awarded some past medical bills as damages. The verdict was for less than our pre-trial offer and more than 25% less than our proposal for settlement. Accordingly, final judgment will be entered in my clients favor and attorneys' fees and cost will be awarded to my client.

Car accident

Weavil v State Farm

May 03, 2016

OUTCOME: Defense Verdict.

Rear end motor vehicle accident. Plaintiff presented to ER with neck and head pain. Treated with chiropractor 2 months later and resolved cervical strain, but MRI showed a disc bulge and a disk protr ... usion. Almost a year later, Plaintiff developed cervical radiculopathy symptoms in in his left upper extremities and eventually received epidural steroid injections. We argued Plaintiff had disc degenerative disease and his injuries related to accident were resolved and not permanent. On July 15, 2015 the jury awarded past medicals only and found no permanent injury. Award of past medicals was lower than the applicable set-offs, therefore, ultimate award was zero dollars. We filed post trial motions for attorneys' fees and costs. On May 3, 2016, The court entered Final Judgment awarding our client $70,114.69 in attorneys' fees and costs.

Litigation

Trolley Boats

Mar 31, 2016

OUTCOME: Defense Verdict

Plaintiffs brought an action against my client for legal malpractice regarding a complex commercial legal dispute. Plaintiffs were seeking damages in excess of 2 million dollars. Through discovery, w ... e were able to show that damages were speculative and at best less than an 1/4 of Plaintiff's alleged amount. More importantly, we were able to show that my client was not liable as a matter of law and obtained final summary judgment in favor of my client in 2015. We ultimately obtained a Final Judgment on March 31, 2016 against Plaintiffs in the amount of $25,000 for attorneys' fees and costs as we had expired a proposal for settlement.

Personal injury

Jerman

Feb 17, 2016

OUTCOME: Defense Verdict

Plaintiff was a passenger in our client's vehicle. My client initiated a left turn at an intersection controlled by a traffic light after the light turned yellow. As my client and his passenger clear ... ed the intersection, another vehicle, whom was uninsured, t-boned their vehicle on the left rear passenger side. The passenger sued my client for negligence and made an uninsured motorist claim against his insurer for the negligence of the uninsured motorist. Plaintiff claimed neck and back pain and had low back surgery weeks before trial. Plaintiff argued our client was 100% at fault at trial and dismissed his uninsured motorist claim. We presented evidence that Plaintiff had pre-existing injuries and his surgery was unrelated tot he accident. We were also able to elicit testimony from the uninsured motorist that he speed up to get through the light and entered the intersection on a yellow light. We were further able to discredit his assertion that he took evasive actions. The jury did not make a determination as to causation of injuries as they found that our client was not negligent and returned a defense verdict on October 10, 2015. We had made a proposal for settlement in excess of $20,000 and therefore filed post trial motions. Final Judgment was entered on February 17, 2016 awarding our client $74,409.65 in attorneys' fees and costs.

Real estate

Rounsavall

Dec 23, 2015

OUTCOME: Defense Verdict

Plaintiff brought a breach of contract and failure to disclose claim against my clients, who sold the home. Plaintiff alleged that my clients knew of existing termites and termite damage and failed to ... disclose. The home required substantial repairs due to the termites. After initial discovery, we were able to show the Court that my client did not have knowledge of the damage and the Court awarded final summary judgment in favor of my client.

Car accident

Martinez

Apr 30, 2015

OUTCOME: 10% fault on our client, 90% fault on Plaintiff, $0 damages for future medicals or pain and suffering. Net $2,500.00 jury verdict. Pursuant to a Proposal for Settlement, Defense has a motion pending for attorneys' fees and costs.

Motor vehicle accident a T intersection. Our client was traveling northbound and was turning left across the south bound lanes. Plaintiff was traveling south bound. Plaintiff presented evidence that ... our client had red light at the time of the accident and Plaintiff had indicated she not only recognized a red light, but acknowledged our client had already entered the intersection prior to Plaintiff entering the intersection. Our client admitted negligence and raised a comparative fault defense. Through investigation and an accident reconstruction expert, we were able to show the jury that Plaintiff entered the intersection on a red light due to the time sequence of the red lights. Plaintiff sustained a broken wrist and was seeking future medical damages and pain and suffering. We were able to show that Plaintiff's complaints of loss of use, daily living activity restrictions and need for future medical treatment pre-existed the accident,

Insurance

Averdick

Apr 16, 2015

OUTCOME: Defense Verdict

Insurance claim dispute. Plaintiff claimed policy was ambiguous and provided $50,000.00 in fungi/mold property damage coverage instead of $10,000.00. We moved for summary judgment and prevailed. Publ ... ished in 22 Fla. L. Weekly Supp. 1020a

William Ashby Underhill's Legal Cases (11)

Slow Brew

Putnam Centre

Maharaj

Filipe v Sharp

Weavil v State Farm

Trolley Boats

Jerman

Rounsavall

Martinez

Averdick