Mark Antonelli and Elaine Walter of Gaebe Mullen Antonelli & Dimatteo were successful on appeal in reversing a trial court order granting a motion for new trial on the issues of liability and damages. In the underlying case, involving an automobile accident with issues based upon employer/employee liability as to whether the defendant was in the course and scope of his employment at the time of the accident, Mark was successful in securing a jury verdict in favor of the corporate defendant, with the jury verdict finding that the driver was not in the course and scope of his employment at the time of the accident. The jury found liability as to the individual defendant and awarded damages. The trial court later entered an order granting a new trial as to both defendants as to both liability and damages based solely upon a damages argument made on behalf of the corporate defendant. The appellate court reversed on the basis that the limited objected to closing argument spoke only to the issue of damages, and not to the corporate defendant's liability. The original jury verdict in favor of the corporate defendant was reinstated.  

John Jopling and David Delaney of Dell Graham PA recently obtained a defense verdict in a medical malpractice case in Marion County.  The five day jury trial centered on allegations that Dell Graham's physician client breached the standard of care by negligently assessing and monitoring a patient in sickle cell crisis.  The patient died less than three days after her admission to the hospital.  However, the defense experts explained that the patient was overcome by bone marrow and fat emboli resulting in Acute Respiratory Distress Syndrome despite the best efforts of the health care providers.  The jury deliberated for less than an hour before ruling in favor of our client.

Devang Desai and Elaine Walter of Gaebe Mullen Antonelli & DiMatteo successfully obtained summary judgment for their insurer client in a declaratory judgment action brought by an insured seeking defense and indemnification for an underlying lawsuit. The underlying lawsuit was brought by a psychic entertainer against The Zodiac Group, the psychic's former business partner. In an earlier lawsuit, the psychic has sued Zodiac for unauthorized use of her name and likeness is promoting their psychic services hotline after the date that the contract between the psychic and Zodiac has been

terminated. Although that suit was dismissed, the psychic later filed a second lawsuit - the one at issue in the declaratory judgment action. In the declaratory judgment action, the district court entered

summary judgment in the insurer's favor based upon the court's reading of the claims made policy and its "same wrongful act provision." The 11th circuit court of appeal affirmed the summary judgment in the insurer's favor with a written opinion which can be found at Zodiac Group, Inc. v. Axis Surplus Ins.Co., NO. 13-10941, 2013 WL 5718439 (11th Cir. October 22, 2013).

James Waczewski, Tallahassee Partner and a Tampa Associate of Luks, Santaniello, Petrillo & Jones successfully handled the appeal, before the First District Court of Appeal, of a summary final judgment that Todd Springer, Jacksonville Partner, had obtained from the Trial Court in favor of our clients. The appeal is styled Ramsey (Plaintiffs/Appellants) v. Store and Newbern (Defendants/Appellees). The appellate court issued a nine-page unanimous opinion affirming the summary judgment on October 25, 2013. Appellant Mrs. Ramsey was a customer at Appellees' store and parked her car in one of the designated accessible parking spaces. On her return to the car, Appellant Ramsey tripped and fell over a concrete wheel stop that protruded a few inches from underneath her vehicle on the driver's side because she had parked in an angle. Appellants alleged that although there was nothing defective with the wheel stop, it was nonetheless a dangerous and hazardous condition because it was located in a handicap parking space, and because it was redundant. Redundant as there was also a concrete bollard, which held the handicap pole/sign, and already prevented vehicles parking there from accessing the designated walkway to the store. Plaintiffs had presented the affidavit of an expert who opined that the parking space was negligently designed, even though its design did not violate any building code, statute, or industry standard. Our firm argued, on behalf of Defendants/Appellees, that the wheel stop was open and obvious, that Defendants complied with their duty to maintain the premises in a reasonably safe condition, and that the Plaintiffs' expert's personal opinion did not create an issue of fact that would prevent the Court from deciding the case as a matter of law.  Defense expert Rowland Lamb, a professional engineer, had also opined that the accessible parking spaces met the requirements of the Americans with Disabilities Act, the Florida building Code, and the Escambia County Land Development code. The First District Court of Appeal agreed that the trial court properly granted summary judgment and noted that Plaintiff's expert's affidavit was conclusory and did not raise an issue of fact that precluded the entry of summary judgment.  

Deborah Griffin v. Hamer Flo, LLC d/b/a Whiskey River

The managing partner and associate Matthew C. Martin of Gaebe Mullen Antonelli & DiMatteo obtained a defense verdict in this slip-and-fall case pending in Duval County, Florida. Plaintiff alleged she fell on a transient substance in the Defendant's restroom resulting in coccyx fracture, and aggravation of pre-existing conditions including post-polio syndrome, that manifested in constant radiating lumbar and hip pain. Plaintiff underwent multiple pain injections, a spinal cord stimulator implant, subsequent removal of the spinal cord stimulator, and alleged MRSA infection relating thereto. Plaintiff asked the jury for $1.8MM in closing argument.

Michael J. Thomas and a colleague of Pennington, P.A. (Tallahassee), recently obtained a defense verdict in Leon County in the case of Martha Alexander v. Tallahassee Memorial Healthcare, Inc. On October 16, 2006, Martha Alexander (age 55) was hired as a Registered Nurse in the surgical unit at Tallahassee Memorial Hospital ("TMH"). She was terminated a year later on October 24, 2007.

Patrick Knight of Victor Rams & Associates received a defense verdict in a motor vehicle negligence case tried in Miami. Plaintiff claimed a surgical herniated disc in her neck and a cyst in her right knee were caused by the motor vehicle accident. The impact of the collision was rather large with a pushed in trunk and a cracked bumper that fell off the vehicle after impact. Plaintiff's counsel asked for $150,000 in closing argument. The jury deliberated for twenty minutes and awarded $0. Defendant is now moving for fees and costs.

There was a defense verdict in the Fourth Judicial Circuit, Duval County medical malpractice case of AMANDA R. ASHFORD and SHAWN T. ASHFORD, as parents and natural guardians of JACOB D. ASHFORD, a minor, Plaintiffs, v. AMY W. WRENNICK, M.D.; NORTH FLORIDA OBSTETRICAL & GYNECOLOGICAL ASSOCIATES, P.A., Defendants, 16 2009 CA 003470, Division CV-H.  

Per Plaintiffs, Defendant, Amy Wrennick, M.D., was allegedly negligent during a left shoulder dystocia by pulling too hard on the baby's head and neck as referenced in Dr. Wrennick's medical records for treatment of her left fifth metacarpal shaft fracture that was sustained during delivery. The defenses were Dr. Wrennick's care and treatment met the prevailing standards of care, and maternal forces in the face of a shoulder dystocia were the cause of injury.  

Minor Plaintiff had sustained a permanent left brachial plexus injury at C5, C6, and C7 and underwent primary surgery to repair the damaged nerves, physical therapy, and nerve reconstruction with bilateral lower extremity sural nerve grafting. Plaintiffs' demand at trial was $1.1 million.  

Defense counsel were Richard E. Ramsey and a colleague of Wicker, Smith, O'Hara, McCoy & Ford, P.A.   

Gerald W. Weedon and Michael B. Bittner of Marks Gray PA obtained a defense verdict in Volusia County last month. This was a food poisoning case in which plaintiff, a 21 year old man with a

prior kidney transplant, alleged that he had severe gastrointestinal illness approximately three hours after eating allegedly contaminated food. Plaintiff alleged that as a result of food poisoning, he was unable to retain his kidney anti-rejection medication and suffered loss of his transplanted kidney. Weedon and Bittner defended the case on the grounds there was no evidence the food was contaminated, no evidence plaintiff in fact suffered from food poisoning, and no evidence of any causal relationship between the alleged negligence and plaintiff's kidney loss. Following a five day trial, the jury returned a verdict in favor their client.  

 Maureen Luongo v. Publix (15th Judicial Circuit)

Case No. 50-2012 CA 006405 XXXX MB AH.

Defense counsel sought and obtained summary judgment for this slip-and-fall incident. The incident was captured on video where plaintiff was observed walking on a long rug in front of a seafood case. When plaintiff took her first step onto the rug, it moved forward, causing her to fall. The video also showed water on the rug. Summary judgment was granted because the record contained no evidence as to how long the water was on the rug, whether or not a leak from the case existed, or notice to Publix of the condition.

Crystal Goodbread v. Publix (15th Judicial Circuit)

Case No. 50-2011 CA 012623 MB AA.

Defense counsel successfully obtained summary judgment in this slip-and-fall case. This suit involved allegations of a leaking refrigerator case. Plaintiff testified that there was a one or two foot puddle of water that she believed came from the refrigerator case. Because the suit was filed several years after the incident, initial recorded statements were not preserved and witnesses and employees had no present recollection of the incident. For summary judgment purposes, defendant conceded that there may have been water on the floor as described by the Plaintiff, but there was no evidence of notice, the time period the water was there before the incident, or negligence on the part of the defendant.

KEEP THOSE VERDICTS COMING!!!

 Disney's Contemporary Resort

4600 North World Drive

Lake Buena Vista, Florida

Based on previous years, we expect this program to provide  

15.0 CLE credits and 10.0 insurance credits. 

Chair

Caryn L. Bellus [Kubicki Draper]

Email: [email protected]

If any member has an issue they would like considered for an  

FDLA Amicus Brief, please contact the Amicus Committee chair.

Co-Chairs  

Warren B. Kwavnick [Cooney Trybus]

Email: [email protected]

Angela C. Mason-Reimer [Mason-Reimer]

Email: [email protected]

No report.

Email: [email protected]

Updates are sent to committee members and the

committee is always looking for authors for TAQ articles.

Chair

Michael B. Bittner [Marks Gray]

E-mail: [email protected]

The Construction Law Committee is seeking members interested in being

part of the Committee. Please email Mike Bittner ([email protected])

if you are interested or if you have any construction law news or materials  

that could be shared with the Committee.

Please see the FDLA Committee Case Notes Section.  

Co-Chairs

J. Charles Ingram [Estes Ingram]

Email: [email protected]

David A. Corso [Fisher Rushmer]

Email: [email protected]

An Advanced Litigation "Boot Camp" was presented on November 8 with 40+

attending. Please contact us with suggestions/ideas for webinars.

Chair

Dorsey C. Miller [Luks Santaniello]

Email: [email protected]

A new Chair has been named for this committee. If you want to be a part

of this new committee, please contact the committee chair. 

Chair

Joseph R. Flood Jr. [Dean Ringer]

Email: [email protected]

No report.

INSURANCE COVERAGE LAW

Chair

Christienne H. Sherouse [Gaebe Mullern]

Email: [email protected]

The committee submitted two (2) articles for the Winter 2014 issue

of Trial Advocate Quartly. 

Chair

Michael P. Spellman [Sniffen & Spellman]

Email: [email protected]

Please see the FDLA Committee Case Notes section. 

Chair

No report.

Chair

Todd T. Springer [Luks Santaniello ]

PROFESSIONAL LIABILITY

 Co-Chairs

Carrie E. Roane [Guilday Tucker]

Email: [email protected]

Renee D. Faried [Beytin McLaughlin]

Email: [email protected]  

Chair

Matthew J. Lavisky [Butler Pappas]

Email:[email protected]

The Trial Advocate Quarterly Committee would like to welcome its newest member, Michael Forte. Michael is a partner in the Tampa office of Rumberger, Kirk & Caldwell. 

Email: [email protected]

No report.

YOUNG LAWYERS

 Chair

John M. Miller [Henderson Franklin]

Email: [email protected]

The Young Lawyers Division of the Florida Bar has recently begun advertising a mentoring program for current law students within the Florida Bar Law Student  

Division which offers young lawyers a great way to get involved in mentoring early on. The opportunity is not just limited to young lawyers, but rather is available for  

all lawyers of any age.  The program started in the spring of 2012 when the Florida  Bar YLD Law Student Division launched a mentoring program at two Florida law schools.  Since that time, the Division has grown the program exponentially. This  

year, the Division is hosting its inaugural statewide mentoring program through

which students at all twelve Florida law schools will be paired with an attorney:  

(1) in the geographical area where the student currently attends law school, or  

(2) outside of the student's present location who practices in a geographical area  

where the student desires to practice upon admittance to The Florida Bar or in an

area of law in which the student is particularly interested. The Law Student

Division is looking for mentor attorneys to participate in the program.  

To help the Division achieve its goal, interested attorneys must simply  

complete the easy online registration form at  

http://www.flayld.org/students/LSD/programs/mentoring/mentor/.