OUTCOME: Jury verdict of $558,000. Together with attorney's fees, case settled without appeal for $750K.
2012 Jury trial in St. Lucie County, Fl. Head-on auto crash with short loss of consciousness of client. Mr. Bowes was a 55-year old head groundskeeper with the NY Mets. He was experiencing vertigo a...nd memory loss. MRI DTI confirmed axonal shearing in white matter of the brain. Pre-suit offer was $30K. Pre-trial offer was $100K. We filed a proposal for settlement of $350K.
Personal injury
Badillo v. Nationwide
May 29, 2009
OUTCOME: Jury verdict for over $500K against Nationwide. After a failed appeal, we proceeded with the bad faith case. The case settled for $750,000 which included costs, attorney fees, and the underlying verdict.
Uninsured Motorist case wherein 50-year old single mom was struck, while jogging, by a drunk driver who drove away from the scene (and was caught). Injuries included a fractured sacrum, torn rotator c...uff, and herniated lumbar disc. The drunk had no insurance. Client only had two stackable $25K policies with Nationwide. We demanded the limits. When the insurance company only offered $25K, we filed a civil remedy notice with the Florida Dept of Insurance and waited the required 60 days. When the settlement still was not forthcoming, we filed suit.
We sued both the drunk driver and the insurance company. Over a year after suit was filed, the company offered the other $25K, which we refused. Before trial, they offered $100K, which we refused. By then, Ms. Badillo had undergone a lumbar fusion operation. Because it was a bad faith situation, we would be entitled to attorney fees, if we prevailed.
Personal injury
Gressman v. Capok
Nov 09, 2002
OUTCOME: Settlement for $1,600,000.00
Products Liability case against the distributor of a faulty wheelchair. The axel broke, causing the paralyzed 40-year old male to fall, causing a complete tear of his supra-spinatus muscle of the rig...ht rotator cuff. The distributor destroyed the sheared axel after being requested to return it. Count one of the complaint was spoliation of the evidence. Injury resulted in Mr. Gressman losing the use of his right arm, and the ability to transfer in his wheelchair. He developed decubitus ulcers. Pre-suit offer was $40K. We were initially wrongfully removed to Federal Court. After a successful remand hearing, the case returned to State Court where the lawsuit was eventually settled.
Personal injury
Carrol v. State Farm
Mar 10, 2000
OUTCOME: A jury verdict of $268,502 was returned. Two months post verdict, the case settled, including costs and attorney fees, for %530,000.
Uninsured Motorist case involving single level herniated disc to 25 year old single mom. This was a rear end, absolute liability case. Client was injured in Florida shortly before moving to Ct. Cerv...ical MRI disclosed HNP at C-5/C6. Anterior Cervical Discectomy and Fusion surgery was performed at Yale in New Haven, Ct. State Farm accused client of fraud and only offered $7K pre-suit. We filed a proposal for settlement for $160K and had to obtain net judgment of at least $200K to be entitled to attorney fees. Before trial, several offers were made, finally culminating in a $200K offer the day of trial, which was rejected. The trial lasted two weeks.
