 | Attention Members!
|
Take advantage of the deFENSE POST to share your verdicts, accomplishments,
recognitions and special achievements with FDLA members. Send your press releases, office relocation notices, defense verdicts and any other items of interest to the FDLA
office via email to ljude@fdla.org The content of deFENSE POST depends on
information from
FDLA members.
The date to remember to submit your "news" for the Winter 2014 issue of deFENSE POST is November 1, 2014 - send your news in NOW!
|
 | Dates to Remeber
|
FDLA ADVANCED LITIGATION BOOTCAMP
October 10, 2014
Longwood, FL
--------------------------
FDLA WINTER MEETING
January 14-19, 2015
Martin Luther King
Weekend
Crested Butte, Colorado
--------------------------
19th ANNUAL FLORIDA
LIABILITY CLAIMS CONFERENCE
June 3-6, 2015
Disney's Contemporary Resort
Lake Buena Vista, Florida
--------------------------WEBINARS
Watch your emails for notices/information on upcoming FDLA webinars!
|
 | Board of Directors
|
The FDLA Board of Directors meets on a quarterly basis. If any member has items/ issues he or she would like the Board to address, please use the contact information below:
Dale J. Paleschic
Phone: 352-358-0210
Email: djp@lawdjp.com
or
FDLA Office
Phone: 813-885-9888
The next
Board Meeting is
Thursday, October 9, 2014.
|
| |
FDLA OFFICERS
|
Dale J. Paleschic
President
Paleschic Law Firm
2725 SW 91st St, #110
PMB 19
Gainesville, FL 32601
P: 352-358-0210
djp@lawdjp.com
Andrew S. Bolin
President-Elect
Beytin McLaughlin
McLaughlin O'Hara & Bolin
201 N. Franklin St #2900
Tampa, FL 33602
P: 813-226-3000
F: 813-226-3001
asb@law-fla.com
Robert E. Bonner
Secretary-Treasurer
Meier Bonner Muszynski O'Dell & Harvey PA 260 Wekiva Springs Blvd #2000 Longwood, FL 32779 P: 407-872-7774 F: 407-872-7997 reb@fltrialteam.com Daniel J. Santaniello Immediate Past President Luks Santaniello Petrillo & Jones 110 SE 6th St, 20th Floor Ft. Lauderdale, FL 33301 P: 954-298-6691 F: 954-761-9940 djs@ls-law.com
|
|
Enjoy the Fall 2014
Electronic Edition of
"deFENSE POST!"
|
|
President's Column 
Dale Paleschic
FDLA President
Paleschic Law Firm
Gainesville, FL
ARE YOU BLIND?
As defense brethren, we pretty much subscribe to the same principals. But sometimes there is a tendency to become jaded by the process and to lose sight of the fact that Plaintiffs in personal injury suits are people first and foremost and deserve to be treated with respect. We may not like the way they behave or the claim they have brought against our client, but that is a person sitting across the table. And, like it or not, just like we zealously defend our clients, the Plaintiffs' bar jealously represents their clients. Part of what our board decided was a core value for the FDLA as an organization was that we promote justice in the civil trial system. But what is justice? In my view, justice starts with making sure you treat the opposing side with respect and fairness. It is far too easy sometimes to get caught up in the "battle" with the opposing side and lose sight of our core values as defense lawyers. I know that I have personally gone into a Plaintiff's deposition thinking they were the scourge of the earth only to get a totally different view as the deposition progressed. Sometimes our clients want us to hang onto that initial view and to make it a "war." It can take a lot of courage to tell a client that what they are advocating is simply not fair or just, even if it might be legal. As lawyers, especially defense lawyers, we have a large role in determining what justice is for a case and its parties. We are also called "counselors" for a reason. We simply cannot be "blinded" by the law and forget the true role we have in the civil justice system.
This also ties into one of FDLA's other core values which is to promote professionalism. You cannot be blind to fairness and justice while professing to be professional. I think through the years the FDLA has contributed greatly to my own sense of professionalism through its programs and my interaction with the membership and leadership of the FDLA. While I always felt that I went away from an FDLA seminar or conference having learned something new in the law, I also took away a sense of what being a "professional" is from the FDLA leadership. If you attended the Annual Meeting at the Breakers you saw many of our past leaders were present. We had eleven Past Presidents attend the meeting. They all helped make me the lawyer, and hopefully, professional, that I am today. I am humbled to follow in their footsteps as the new FDLA President and I hope to continue their tradition of making professionalism one of the hallmarks of being an FDLA member.
A special word of "Thanks!" to Dan Santaniello our immediate Past President (I am sure he likes the sound of that) for putting together another outstanding program and Annual Meeting. If you missed it, you missed something special. Charles "Chubby" Damsel, Jr., Past President (1976) on Dan's motion became one of three "Honorary Members" of the FDLA. I am proud to say that Chubby is still practicing and still active in the organization and has missed only one Annual meeting in the last 15 years. He defines the term "professional" and exemplifies what the FDLA is about. I am also proud to say that the FDLA raised three thousand dollars ($3,000) to support the iPad for Soldiers organization. That will be enough to send nine new iPads to our troops so they can stay in touch with loved ones. Sally Seltzer (Board Member, District 3) did a phenomenal job of organizing the raffle drawings and selected a great cause! Giving to charity at the Annual Meeting is one of the best traditions we have in the FDLA and if you did not make it to the meeting, you can still go their website and donate.
Speaking of traditions, one tradition that you can and should participate in is attending one of the great upcoming FDLA programs. We have a great things in store in the coming months starting off with an advanced version of our "Boot Camp" on October 10, 2014 in Orlando. Chuck Ingram (Board Member, District 5) has lined up a great program of speakers and it promises to have something for lawyers of all levels. That will be followed in January by the 2015 FDLA Winter Seminar in Crested Butte, Colorado. If you have never attended the Winter "Ski-inar" you should make it a priority. It is more like a classroom setting and discussion of the issues raised by the topics than a conference. Our speakers encourage discussion and it is some of the best CLE time you will ever have. This is by far my favorite conference even leaving aside the great skiing. Mike McCoy (Board Member, District 1) has once again stepped up to the plate and volunteered to organize the CLE sessions and of course Linda Jude, as always, will be helping to make it all run smoothly. If you are thinking of attending, act quickly as Crested Butte gets crowded as there is a great Folk Festival going on at the same time and we are already past our room block guarantee date. Go to our website and get the information and come join us in Colorado. Here's to hoping I see you at the "Secret Stash!"
Finally, I ask a favor. If you have a suggestion on how we might improve the FDLA, please let one of us on the Board know your thoughts. This is after all your association. Help us grow and encourage your colleagues and associates to join. Help us make the Florida Defense Lawyers Association the strongest and largest SLDO in the nation. And while you are doing that you might just help us prevent some blindness!
Dale J. Paleschic
|
Member Profile
The last name is Polish, even though it doesn't look it, but Bruce Trybus was born in the tiny copper mining town of Mangula, in what was then Rhodesia and is now Zimbabwe. How that ended up happening is, he says, much more interesting than the story of his own journey from sub-Saharan Africa to south Florida - his father was one of many Polish orphans that survived Siberian labor camps during the second world war and ultimately ended up in refugee settlements in Iran, from where the Red Cross dispersed them throughout the world; in his father's case, to South Africa. Years later his father married a South African girl and they moved to Rhodesia. Bruce obtained his undergraduate and law degrees at the University of the Witwatersrand in Johannesburg, South Africa. He then completed his Articles of Clerkship (something similar to an internship) in Johannesburg with an insurance defense firm called Deneys Reitz, named after a Boer war commando leader who later in life was South Africa's ambassador in London. In 1986, during the second year of his Articles, Bruce met Dave Cooney while assisting as local counsel on a case that Dave was defending, and the following year the firm at which Dave was then working sponsored him into the United States, where he began working as Dave's paralegal. A couple of years later he went back to law school at Nova University, from which he graduated after two years, cum laude. He has been working with Dave Cooney now for the better part of three decades. In December Bruce will celebrate his 20th wedding anniversary with his long-suffering wife Marnie, after mistakenly thinking that he might get away with enjoying a summer fling with her while she was interning with the firm as a criminology student at FSU. They live in Fort Lauderdale with their 15-year-old son William, 12-year-old Aidan, and a French Brittany called Cody. His practice focuses on defending general liability, trucking and automobile claims, along with first party matters and a smidgen of medical malpractice defense. He is a member of ABOTA and the Claims & Litigation Management Alliance and enjoys reading, cooking (but not cleaning), driving Marnie crazy with his brown-thumb attempts at gardening, and watching the Canes and praying for them to become relevant again. Earlier this summer, and after researching for over a year, Bruce and Will traveled to central Siberia and, with the help of some local vodka-swilling Russians who spoke almost no English, visited the remote location of the labor camp to which his father's family was exiled from Poland in the dead of winter of 1940. His wife and friends questioned his sanity in making the trip. It turned out to be quite an adventure, but that's a story for another day . . . . |
Diego J. Arredondo
Roig Tutan Rosenberg Martin & Stoller PA
Miami, FL
Nelson C. Bellido
Roig Tutan Rosenberg Martin & Stoller PA
Miami, FL
Lawrence E. Burkhalter
Weinberg Wheeler Hudgins Gunn & Dial LLC
Miami, FL
William E. Crabill
Quintairos Prieto Wood & Boyer PA
Miami, FL
Alva L. Cross
Cross HR Law
Wesley Chapel, FL
Eric M. Fresco
Roig Tutan Rosenberg Martin & Stoller PA
Miami, FL
Christopher M. Long
Dell Graham PA
Gainesville, FL
Kimberly E. Lorenz
Fisher Rushmer PA
Orlando, FL 32801
Sterling A. McMahan
Cooney Trybus Kwavnick Peets PLC
Ft Lauderdale, FL 33309
Sean L. Mulhall
Eraclides Gelman Hall Indek Goodman & Waters
Jacksonville, FL
Bernard J. O'Donnell
Michaud Mittelmark Marowitz & Asrani PLLC
Boca Raton, FL
Michael A. Rosenberg
Roig Tutan Rosenberg Martin & Stoller PA
Deerfield Beach, FL
Ronald A. Salem
Jakab Law PLLC
Jacksonville, FL
Ian M. Sirota
Smith Hood Loucks Stout Bigman & Brock PA
Daytona Beach, FL
Kate D. Spinelli
Weinberg Wheeler Hudgins Gunn & Dial LLC
Miami, FL
Jason R. Urbanowicz
Rogers Towers PA
Orlando, FL
Angela C. Valdivieso
Roig Tutan Rosenberg Martin & Stoller PA
Deerfield Beach, FL
Carissa R. Wheeler
Beytin McLaughlin McLaughlin O'Hara & Bolin PA
Tampa, FL
|
COMMITTEE NEWS
AMICUS
Chair
Caryn L. Bellus
Kubicki Draper
Phone: 305-982-6634
Email: cb@kubickidraper.com
AUTO/TRANSPORTATION
Chair
Benjamin A. Kashi, Esq.
Cooney Trybus Kwavnick Peets PLC
Phone: 954-568-5091
Email: bkashi@ctkplaw.com
CONSTRUCTION LAW
Chair
Michael B. Bittner, Esq.
Marks Gray
Phone: 904-398-0900
E-mail: mbittner@marksgray.com
GOVERNMENT LAW
ChairJoseph R. Flood Jr., Esq.
Dean Ringers Morgan & Lawton PA Phone: 407-422-4310 Email: jflood@drml-law.com INSURANCE COVERAGE LAW Chair Christienne H. Sherouse, Esq. Gaebe Mullen Antonelli & DiMatteo Phone: 305-667-0223 Email: csherouse@gaebemullen.com LABOR/EMPLOYMENT ChairMichael P. Spellman, Esq.
Sniffen & Spellman PA Phone: 850-205-1996 Email: mspellman@sniffenlaw.com PREMISES LIABILITY Chair Todd T. Springer, Esq. Luks Santaniello Petrillo & Jones Phone: 904-791-9191 Email: tspringer@ls-law.com PRODUCTS LIABILITY Co-Chairs Mark C. Greene, Esq. Banker Lopez Gassler PA Phone: 813-221-1500 Email: mgreene@bankerlopez.com Larry D. Smith Southern Trial Counsel PLC Phone: 407-422-6100 Email: lsmith@southerntrialcounsel.com PROFESSIONAL LIABILITY Co-Chairs Carrie M. Roane, Esq. Guilday Schwartz Simpson West Hatch & Lowe PA Phone: 850-224-7091 Email: carrie@guildaylaw.com Renee D. Faried, Esq. Beytin McLaughlin Phone: 813-226-3000 Email: rdf@law-fla.com TRIAL ADVOCATE QUARTERLY Chair Matthew J. Lavisky, Esq. Butler Pappas Weihmuller Katz Craig LLP Phone: 813-281-1900 Email: mlavisky@butlerpappas.com WOMEN & THE LAW Co-Chairs Jill F. Bechtold, Esq. Marks Gray PA Phone: 904-807-2170 Email: jbechtold@marksgray.com Kimberly E. Lorenz, Esq. Fisher Rushmer PA Phone: 407-843-2111 Email: klorenz@fisherlawfirm.com WORKERS COMPENSATION Chair Reinaldo Alvarez Luks Santaniello Petrillo & Jones Phone: 305-377-8900 Email: ralvarez@ls-law.com YOUNG LAWYERS Co-Chairs John M. Miller, Esq. Henderson Franklin Starnes & Holt PA Phone: 239-344-1310 Email: john.miller@henlaw.com Mark J. Rose Roig Tutan Rosenberg Martin & Stoller Phone: 954-462-0330 Email: mrose@roiglawyers.com If you are interested in joining-or becoming active in any of FDLA's committees, please contact either the Committee Chair or the FDLA office (ljude@fdla.org). Join a Committee TODAY!!
|
Scott M. Sarason & Armando G. Hernandez of Rumberger, Kirk & Caldwell, P.A. (Miami), recently obtained summary judgment on a warnings claim in the product liability matter styled Rene Leoncio and Heidi Leoncio v. Louisville Ladder, Inc. before the Honorable Cecilia M. Altonaga in the Southern District Court of Florida.
On the day of the accident, Plaintiff, an accountant, was using a 20 foot fiberglass extension ladder to remove Christmas lights when he fell and sustained an open elbow dislocation, torn rotator cuff, and bicep tear. Plaintiff and his wife brought claims against the manufacturer sounding in strict liability and negligence. Plaintiffs claimed damages for past and future medical expenses, past and future pain and suffering, loss of consortium, and loss of past and future earnings. Plaintiffs' pretrial demand exceeded $550,000.
The crux of Plaintiffs' claim was for failure to warn foreseeable users of the fiberglass extension ladder regarding proper orientation and set up. Ralph L. Barnett's (Plaintiffs' sole liability expert) only opinion regarding a defect concerned the warnings as to orientation and set up. The ladder is designed, tested, and manufactured to be used in a fly-over-base orientation. The on-product label contains safety instructions and warnings on how to properly set up the ladder to avoid severe injury or death, including a pictogram depicting the ladder in the proper fly-over-base orientation. Contrary to the warnings and the manufacturer's intended use, Plaintiff improperly set up the ladder in a base-over-fly orientation. At his deposition, Plaintiff clearly, unambiguously, and unequivocally testified that he saw the on-product warning labels, knew them to be warnings, but chose not to read them. He justified his failure to read the on-product warnings by way of an analogy to his toaster oven.
Defense counsel argued Plaintiff's failure to read the on-product warning label negated the element of causation as a matter of law. Plaintiff's deposition testimony precluded any argument regarding prominence or conspicuity. In opposing summary judgment, Plaintiff filed an affidavit stating he had in fact read the warnings, which plainly contradicted his clear deposition testimony and failed to provide any explanation for the wholesale revision of his testimony. Defense counsel successfully argued the affidavit was a last-minute sham created for the sole purpose of defeating summary judgment. Despite Plaintiffs' continuous efforts, defense counsel convinced the federal court that there is no heeding presumption under Florida product liability law.
Plaintiffs moved for reconsideration of the Court's Order granting summary judgment on Plaintiffs' warnings claim. Defense counsel argued Plaintiffs' Motion for Reconsideration failed to satisfy the standard for reconsideration, merely re-litigated the case, and provided no newly discovered evidence or arguments that could not have been previously asserted. The Court denied Plaintiffs' Motion for Reconsideration. Final judgment was entered. The Plaintiffs have 30 days to appeal.
  Taylor County School Board, represented by attorneys David Delaney and Jamie White of Dell Graham, P.A., won a retaliation trial in federal court on April 9, 2014, which was filed by a cosmetology student.
The student was dismissed from an adult education cosmetology program for failing to follow school rules and disturbing the educational environment. She subsequently filed suit in the United States District Court for the Northern District of Florida, claiming that the School Board discriminated against her based on her disability and retaliated against her by dismissing her from the program for complaining of racial discrimination. After discovery, the disability discrimination claim was dismissed for lack of evidence, leaving the race-based retaliation claim for the jury to decide. Ms. Harris asked the jury to award her $75,000 for mental pain and emotional anguish and in excess of $40,000 for lost wages. In just over an hour (and while eating lunch), the jury returned a verdict in favor of the School Board, awarding Ms. Harris nothing and finding that she did not have a good faith complaint of race-based retaliation.
Finally, in addition to the student failing to have a good faith complaint of race-based retaliation, defense counsel believes that entering the student's extensive criminal and medical history into evidence - which counsel was able to have admitted over objection from the student's attorney - was critical to prevailing in this case.
John D. Kiernan of Abbey, Adams, Byelick & Mueller, LLP, recently obtained a defense verdict in his clients' favor in a case in Manatee County. Defendant tractor-trailer driver pulled off of I-75 in Manatee County because he had perceived an emergency situation dealing with the trailer he was pulling. Plaintiff drove head-on into the rear end of the trailer and suffered significant injuries resulting in two surgeries on his neck and one on his left wrist. He has incurred $170,000.00 in medical expense and lost wages of $240,000.00. He told the investigating Florida Highway Patrol Trooper immediately following the accident that he had looked down for his cell phone and while distracted, had veered out of his lane of traffic onto the paved shoulder with the resulting collision. Florida's accident report privilege prevented the jury from learning of that statement and at trial, the Plaintiff advanced a theory that a gust of wind had caused his car to veer out of his lane of traffic off onto the shoulder of the interstate. Plaintiff retained a retired television meteorologist to testify as to wind velocity and direction at the time of this incident. In addition, Plaintiff retained a trucking safety expert from South Carolina who testified regarding numerous Motor Carrier Safety Administration regulations that were violated by the Defendant driver and his employer. Defendant's traffic reconstruction expert calculated that the effective crosswind acting on the Plaintiff's vehicle that day was not sufficient to cause it to veer out of its lane of traffic. The jury returned a defense verdict finding no negligence on the part of the Defendant driver.
Michael L. Forte a partner at the Tampa office of Rumberger, Kirk & Caldwell, P.A., and an associate of the firm, successfully defended a car accident case in which the parent of a five year old girl alleged the child sustained a brain injury. The case was styled Jacqueline Ward v. Bruce Robinson and was tried over the course of seven days in Polk County, Florida. The child hit her head in the car crash and received stitches for lacerations on the front and side of her head. Plaintiff's attorneys Web Brennan (Tampa) and Greg Abaray (Lakeland) argued the child subsequently underwent a behavioral transformation in which she became highly emotional, moody and defiant, and that the child began struggling in school. Plaintiff presented a SPECT scan to the jury that purportedly showed vascular damage to the brain. Defense argued the child's behavioral issues were due to her chaotic home life, where she was exposed to domestic violence and alcoholism. The Defense further argued that SPECT scans are an inappropriate tool for diagnosing brain damage, and that this particular SPECT scan did not show any defects. During closing argument, Plaintiff asked the jury for $1.2 million. The jury determined the child's total damages were $6,828, which is comprised of the ambulance and emergency room bills. The jury assigned 47% fault to the client of Mr. Forte and 53% fault to the nonparty driver of the vehicle in which the child was riding. A setoff for PIP resulted in a judgment for $0. Defendant's motion for attorney's fees and costs is pending.
Robert J. Cousins, managing partner of the Fort Myers, Florida office of Quintairos, Prieto, Wood & Boyer, P.A. and a partner from the Fort Lauderdale, Florida, office, achieved a defense verdict in a medical malpractice claim on behalf of a board certified family practice specialist. A 64-year-old man became a patient of the defendant in July 2006. He had undergone replacement of his aortic valve in 1993 and had been regularly taking Coumadin to prevent the formation of clots in the artificial valve. Coumadin is monitored by regularly obtaining a laboratory value called the INR, which shows the anti-coagulation properties in the blood.
The treating cardiologist and the previous primary care doctor, who had been following the plaintiff since 1993, documented in their records that they wanted to maintain an INR level of 2.5 to 3.5. The risk of Coumadin administration when the INR level gets too high is bleeding, including bleeding in the brain. The risk when the INR level gets too low is a higher risk of a clot forming. The clot can then travel to the brain and cause a stroke. The defendant decided to maintain the patient at a level of 2.0 to 3.0 to lessen the risk of bleeding. The defense argued that this was the evolving trend in medicine for Medtronic-Hall aortic valves.
The patient suffered a significant stroke in January 2007, which left him with a right-sided hemiparesis and difficulty speaking and communicating. His death three years later was claimed to be related to the deficits which remained following the stroke. The plaintiffs alleged that the stroke was caused by a low INR which, at the time of the stroke, was shown to be 1.8. The plaintiffs claimed that this level was too low and that, when the previous doctors had kept the patient at the higher levels, he never had a problem.
During the trial, the defense demonstrated that the specific type of valve used in the case-a Medtronic-Hall valve-has the lowest risk of clot formation of any type of mechanical valve when placed in the aortic position. The defense was also able to demonstrate that several physicians who treated the plaintiff after the stroke agreed that a level of 2.0 to 3.0 was appropriate. The defense contended that the risk of a bleed with the particular valve was many times higher than the risk of a clot formation and, therefore, the defendant's decision to use the lower level was appropriate and consistent with this particular artificial valve.
The defense also argued that the location of the actual stroke was not consistent with a stroke that would come from a clot in the heart and, therefore, the plaintiffs were unable to prove that the stroke, and ultimately the patient's death, was as a result of a clot from the mechanical valve.
The jury returned a complete defense verdict in favor of the family practice physician.
Scott A. Richman, partner, and an associate, at McDonald Toole Wiggins, P.A. in Orlando, Florida, prevailed on final summary judgment in favor of their client, Ford Motor Company, before a Senior U.S. District Court Judge for the Southern District of Florida. The plaintiffs were the original owners of a 2000 Ford Expedition that was allegedly equipped with a defective component that allegedly started a fire on December 6, 2008, that destroyed their $1.75M oceanfront house in the Florida Keys along with all of its contents. Plaintiffs sought to recover approximately $3.5M for property damages, sentimental losses, severe emotional distress, and punitive damages.
After years of litigation, including the case's involvement in multidistrict litigation for nearly two years, Ford was able to show that the allegedly defective component had been removed from the vehicle more than three years before the fire per a recall repair that had been completed in 2005. Ford was then successful in having the plaintiffs' lead liability expert, David Reiter of Houston, TX, excluded under Daubert with a finding that his opinions were "unreliable, based on speculation, and unsupported by the evidence." The plaintiffs' only damages expert was excluded under Daubert as well.
After this, the court invited the parties to re-brief their summary judgment arguments. Ford moved for final summary judgment based primarily on the plaintiffs' lack of evidence and expert testimony to support that a defect existed in the vehicle, or that such defect proximately caused the subject fire. The plaintiffs responded, relying heavily on an argument that due to the severe damage caused by the fire, they were entitled to go to a jury based on an "inference of defect" permitted by Florida law, given that the product malfunctioned during normal operation and was so destroyed by this malfunction that their remaining expert was unable to determine the specific cause. The court rejected this argument and found that the "inference of defect" did not apply to this eight-year-old vehicle with more than 100,000 miles. The court further found that the plaintiffs were required to prove the existence of defect before the issue of causation could be considered, and without "admissible evidence" proving a defect existed in the vehicle, summary judgment was appropriate. The plaintiffs' case was dismissed in its entirety.  Robert J. Cousins, managing partner of the Fort Myers, Florida office of Quintairos, Prieto, Wood & Boyer, P.A. and a partner from the Fort Lauderdale, Florida, office, received a defense verdict that was obtained in the representation of a Board Certified family physician. In this trial, the defense took to the courtroom to successfully represent a physician on allegations of negligence in performing a colonoscopy. The plaintiff, a 58-year-old female, was an employee of a nursing care facility when she first came in contact with the defendant, a board certified internal medicine specialist. In speaking with other employees at the facility, the plaintiff learned that the doctor had a good reputation. She made contact with him to become her primary care physician. At the first office visit in October 2008, the doctor evaluated her and among other things, recommended she undergo a colonoscopy, particularly because she had a prior medical history of tongue cancer. The doctor explained that while his specialty was internal medicine, he had extensive training in colonoscopy during his residency and was qualified to perform the colonoscopy himself. On March 13, 2009, the doctor performed the colonoscopy. The only findings of significance included diverticula, internal hemorrhoids, and a "tortuous" Colon. In the recovery room, the plaintiff complained of cramps and pain not relieved when she passed flatus. Despite the continuing complaint, she was discharged home. The next evening, she developed increasing pain and was taken by ambulance to the emergency department. She was admitted to the hospital by the defendant. She later developed significant signs of infection and a surgeon was called in. At surgery, it was discovered that she had a perforated colon due to a segment which was fixed in place with adhesions from prior surgeries. She underwent a bowel resection and diverting colostomy which she had for eight months before reversal. The plaintiff claimed that, as a result of an improperly performed colonoscopy by an unqualified physician, the plaintiff suffered the perforation. The plaintiff argued that while a perforation can be an expected complication of colonoscopy, the defendant failed to properly assess the prior surgical history, which included a hysterectomy that increased the risk for perforation. At trial, the defense argued that the adhesions, which were found during surgery, could not have been detected by the defendant; therefore, if the perforation occurred during the procedure, it was still a recognized risk. The defense further argued that because the plaintiff did not develop symptoms until 36 hours after the procedure, the perforation evolved and was not present at the time of the actual colonoscopy. After deliberating for less than an hour, the jury returned a defense verdict.
KEEP THOSE VERDICTS COMING!!!
|
MARKS GRAY, P.A. ATTORNEY JEPTHA F. BARBOUR NAMED TO THE BOARD OF THE INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL
Marks Gray, P.A. shareholder, Jeptha ("Jep") F. Barbour was named to the Board of the International Association of Defense Counsel (IADC) at its annual meeting in Vienna, Austria. The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC's members hail from five continents, 40 countries and all 50 states. The core purposes of the IADC are to enhance the development of skills, promote professionalism and facilitate camaraderie among its members, their clients, as well as the broader civil justice community. Mr. Barbour has been an active member of IADC since 1992, serving as Chair of the Medical Defense Committee, the faculty of the 1997 IADC Trial Academy and IADC Trial Academy Director in 2011.
Mr. Barbour received a B.B.A. in 1979 from Stetson University and J.D. degree from Stetson College of Law in 1982. He is Board Certified in Civil Trial Law by The Florida Bar and practices primarily in the area of civil litigation including: products liability, professional liability, commercial litigation and disability litigation.
Mr. Barbour is a Fellow of the American College of Trial Lawyers. He is a member of the Defense Research Institute, the American Board of Trial Advocates (President - Jacksonville Chapter, 2005), the Florida Defense Lawyers Association, the Jacksonville Defense Lawyers Association and is an Emeritus member of the Chester Bedell Inn of Court. He served as president of the Jacksonville Bar Association (1996-1997) and was a member of the Executive Council of the Trial Lawyers Section of The Florida Bar (2002 - 2008).
Mr. Barbour has been listed in Florida Super Lawyers® consecutively since 2007 (as a 'Top 100 Lawyer in Florida' in 2009 and 2013) and listed in Florida Trend magazine's Legal Elite consecutively since 2008 in the area of Civil Trial. Mr. Barbour was named in 2010 and 2013 edition of The Best Lawyers in America® in the specialties of Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation and named 'Lawyer of the Year' in 2012 and 2014 by Best Lawyers.
Angela C. Valdivieso joins Roig Lawyers as a
Senior Associate in the Deerfield Beach Office
Roig Lawyers, a minority-owned multi-practice law firm dedicated to serving clients across seven offices throughout Florida, is pleased to welcome Angela C. Valdivieso as a Senior Associate in the firm's Deerfield Beach office.
Angela joins the Litigation practice group where her practice primarily focuses on investigating Special Investigation Unit (SIU) claims. She has extensive experience litigating contested insurance claims throughout Florida. She has dedicated her career to first party and third party insurance matters including personal injury protection, bodily injury, premises liability and contract actions.
Angela has successfully tried cases to verdict and understands the importance of trial preparation from inception. For those matters best suited for alternative dispute resolution, she has obtained favorable results for her clients without the necessity of trial.
Angela earned her Juris Doctor degree from Nova Southeastern University Shepard Broad Law Center and her Bachelor of Arts degree, in Psychology, from Georgetown University.
The law firm of McIntosh Sawran & Cartaya, P.A. and its founding partner Douglas M. McIntosh have received special recognition. McIntosh Sawran & Cartaya, P.A. is included in the 2014 "Best Law Firms" ranking as compiled by the publication Best Lawyers, in conjunction with U.S. News & World Report. The publication also named Partner Douglas M. McIntosh in the list of Best Lawyers.
For the sixth consecutive year, McIntosh was also named a Florida Super Lawyer, a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
Mr. McIntosh founded the law firm 25 years ago, which has offices in Fort Lauderdale, Miami, West Palm Beach and Orlando. He practices general insurance defense with a focus on representation of major insurance carriers in coverage and extra-contractual litigation.
Michael L. Forte, a partner at the Tampa office of Rumberger, Kirk & Caldwell, P.A., has been selected to serve on the editorial board of the Florida Bar Journal.
Edward J. Carbone, Partner at Roig Lawyers,
Named to The Best Lawyers in America© 2015
Roig Lawyers, a minority-owned litigation law firm dedicated to serving clients across seven offices throughout Florida, is proud to announce that Edward J. Carbone, managing partner in the Tampa office, has been selected by his peers for inclusion in The Best Lawyers in America© 2015 in the field of Health Care Law.
Edward is the managing partner in Roig Lawyers' Tampa office and the partner in charge of the firm's medical malpractice group. Mr. Carbone has primarily represented hospitals, physicians, hospices, and other health care providers.
As a litigator, he defends providers against claims for medical malpractice, general negligence, billing and collections issues, and other claims, both at trial and on appeal. He has significant experience handling birth injury claims, including disputes over the applicability of Florida's Neurological Injury Compensation Association (NICA) no-fault compensation program for birth-related neurological injuries.
As an advisor, he helps health care providers manage their risks and seek to reduce the frequency and severity of claims. He offers health care providers risk management advice to help them comply with the various laws and regulations that govern them and to help them try to prevent claims from arising.
Ed has particular interest in medical ethics and consent to treat issues, including end-of-life decision making, living wills, and advance directives.
Ed also has substantial experience with Florida's public records and public meetings (Sunshine) laws, commercial litigation, general civil litigation, including representation of day care centers and sports organizations, and hospital lien litigation.
He frequently lectures on health care-related topics such as hospital liability for medical malpractice, deposition preparation, medical confidentiality, privacy, and the Health Insurance Portability and Accountability Act (HIPAA). Earlier in his career, Ed was a law clerk for the Honorable Arthur Minuskin of the Superior Court of New Jersey.
Ed is AV® Rated by Martindale-Hubbell, and has been named in Best Lawyers in America.
The Best Lawyers in America lists are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Best Lawyers is the oldest and most respected peer-review publication in the legal profession.
|
The Breakers-even the name invokes visions of a spectacular resort. Located on Florida's Atlantic coast, The Breakers has lured generations of travelers to its idyllic, Italian-Renaissance setting. Attendees at the 2014 FDLA Annual meeting experienced the irresistible charm and storied history of this legendary oceanfront resort and felt the allure of its glamorous yet classic ambiance. For a few days, (August 7-10) attendee escaped to sun, sand and soothing breezes at The Breakers.
FDLA opened the 2014 Annual Meeting opened with a Thursday evening a "Welcome Reception" for attendees, their families and guests. Recognizing the importance of its history and its past leaders, FDLA hosted a Past President's dinner that evening. A number of FDLA' s Past Presidents attended and reminisced about their time as President and events/trends affecting FDLA.
Every FDLA Annual Meeting features an outstanding seminar. Topics and speakers for this year's seminar included: Dangerous Instrumentality Doctrine A/K/A Plaintiff Lawyers' Relief Act Wounded But Still Alive-Sally Seltzer (Quintairos Prieto Wood & Boyer PA, Miami) John H. Richards (Boyd Richards Parker Colonnelli, Ft Lauderdale) and Warren Kwavnick (Cooney Trybus Kwavnick Peets PLC, Ft Lauderdale); Challenging The Reasonableness Of Medical Charges-Connie Coleman (Pyramed Inc, Lakeland) and Nicholas D. Mermiges (Hightower Stratton, Miami); Trial Strategy For Millennial Jurors-S. Ross Suter (Magna Legal Services, Philadelphia) Peter Hecht (Magna Legal Services, Philadelphia) and Hannah S. Lim (ADT Security Services, Boca Raton); Creative Approaches In Mediating High Severity Claims-Charles N. Tetunic (Upchurch Watson White & Max, Plantation) and Daniel J. Santaniello (Luks Santaniello Petrillo& Jones, Ft Lauderdale); Social Media Discovery And Admissibility-Mark J. Rose (Roig Tutan Rosenberg Martin & Stoller PA, Deerfield Beach) and John M. Miller-Henderson Franklin Starnes & Holt PA, Ft Myers); The Ten Essential Steps In Preparing For Legal Negotiation-Peter L. Wechsler (Wechsler Law Group, Pinecrest).
 
The 2014 Annual meeting seminar was approved for 7.0 credits by The Florida Bar.
Following the morning seminar on Friday, attendees were free to enjoy the many activities available at The Breakers or participate in the annual FDLA golf outing. This year's golf outing was played on The Ocean Course-Florida oldest (and first) 18-hole course, adjacent to The Breakers. Thank you to Jeff Johnson (Johnson Law Group, Boca Raton) for coordinating this year's golf outing. All players enjoyed the fun.
Friday ended with FDLA' s annual family event and entertainment by Rockstar 101. This was an evening filled with food and star performances featuring attendees of all ages. Who knew there was so much "talent" in FDLA?
Saturday began with the FDLA Annual Business Meeting. FDLA elected officers and directors for the upcoming year. Daniel J. Santaniello (Luks Santaniello, Ft. Lauderdale) passed the FDLA presidential gavel to Dale J. Paleschic (Paleschic Law Firm, Gainesville) FDLA's new president. Joining Dale as officers of the Association are Andrew S. Bolin (Beytin McLaughlin, Tampa) president-elect and Robert E. Bonner (Meier Bonner, Orlando) secretary-treasurer.
Edward J. Carbone (Roig Lawyers, Tampa) was elected as a director from District 2. Douglas P. Jones (Carr Allison, Tallahassee) District 1; Traci T. McKee (Henderson Franklin, Ft Myers) District 2; Jeffrey W. Johnson (Johnson Law Group, Boca Raton) District 4; David A. Corso (Fisher Rushmer, Orlando) District 5; and John M. Miller (Henderson Franklin, Ft Myers) Young Lawyer Directorwere re-elected.
The other FDLA directors are Michael D. McCoy (Marks Gray, Jacksonville) District 1; Sally H. Seltzer (Quintairos Prieto, Miami) District 3; Devang Desai (Gaebe Mullen, Coral Gables) District 3; Bruce M. Trybus (Cooney Trybus, Ft. Lauderdale) District 4; and J.Charles Ingram (Estes Ingram, Orlando) District 5.
Following the morning seminar, Saturday afternoon was again free for attendees and guests to enjoy activities at The Breakers or just to relax by the pool or on the beach
The 2014 FDLA Annual Meeting concluded on Saturday evening with the annual Dinner Dance. Following an exquisite dinner, FDLA held the annual awards ceremony. Attendees then danced the night away to the music of the Euphoria. This band previously performed at the 1995 Annual Meeting during Doug McIntosh's presidency.
Organized by Sally Seltzer, the 2014 Annual Meeting charity Raffle/Silent Auction benefited the iPADS for Soldiers program. Thanks to all who took part!
A "very special thanks" to Dan Santaniello (Luks Santaniello, Ft. Lauderdale) for a truly outstanding 2014 Annual Meeting! Indeed, once you've stayed at the Breakers Palm Beach you will understand that it offers the best of Florida.
FDLA's Annual meetings are the ideal opportunity to renew old friendships and make new ones with other lawyers and their families from around the state. Watch for information on the next FDLA Annual Meeting in October 2015---make your plans to attend!!
|
 
January 14-19, 2015
Crested Butte Colorado
FDLA IS GOING TO CRESTED BUTTE
FOR THE 2015 WINTER MEETING!!
There is still time for you to join FDLA for the 2015 Winter Seminar when FDLA returns to Crested Butte Colorado!! Those of you who have been with us for previous Winter Meetings know how fantastic they are. Please plan to join us for the 2015 event, January 14-19, 2015. Join us for top rate CLE programs, fellowship, and skiing.
Crested Butte has always been known as the perfect mountain to improve your skiing because of the diverse terrain and easy progression from beginner, intermediate and advanced sections of the mountain. This unique character of the mountain combined with uncrowded slopes, fantastic grooming and snow conditions gives one a sense of freedom and confidence. The mountain has some of the easiest access to what is considered the country's best steeps where you can find classic bowl skiing or unexplored lines on every run.
Winter activities abound-horseback riding in the snow-cross-country skiing-dog sled tours- sleigh ride dinners-zipline tours-snowshoeing--snowmobile adventures-tubing-an Adventure Park-Snowcat driving
Considering the distinctive qualities of Crested Butte, it is easy to understand how it has been called "Colorado's last great ski town."
A limited number of rooms remain in the block.
Rooms are in The Elevation Hotel & Spa and The Lodge at Mountaineer Square. The Elevation, is a newly remodeled ski-in/ski-out luxurious full-service hotel & spa. The Lodge at Mountaineer Square is located in the heart of the base area just steps from the ski lifts and features luxury condominiums. The Lodge is a short walk from The Elevation.
Reserve your room now by contacting Nell McInnish at 800-365-1224 or mcinnish@andavotravel.com.
The seminar brochure is available on the FDLA website.
- go to the FDLA website (www.fdla.org)
- Click on EVENTS tab along the top
- Scroll down to January 14-19, 2015 - Winter Seminar
- Click on the RED brochure and download the PDF file
- Complete the form and send it in!
|
Advanced Litigation Bootcamp!
FRIDAY
- October 10, 2014 -
Protegrity Conference Center
280 Wekiva Springs Road
Longwood, FL 32779
10.5 CLER (including 3.0 ethics) APPROVED
by The Florida Bar
10.5 Civil Trial Certification Credits
For the price and the credits, this seminar is a
deal that cannot be beat!!
For details on the seminar and registration information,
go to the FDLA website at www.fdla.org and download the brochure. It's right on the home page under "WHAT'S NEW". Just click on the link.
You don't want to miss this event!
|
Copyright © 2014 deFENSE POST is published four times a year by the Florida Defense Lawyers Association. While information in deFENSE POST is believed to be accurate, it is recommended that interested parties telephone or write to the submitting attorney named in each case report or article before incorporating the information into their work product. Items of interest to the membership are welcome and may be sent to the Association office for inclusion in deFENSE POST. Linda L. Jude, Executive Director Florida Defense Lawyers Association 6105 M Memorial Highway PO Box 260037 Tampa, Florida 33685 Phone:(813) 885-9888 Fax:(813) 885-5547 E-mail: ljude@fdla.org http://www.fdla.org |
|
|
|
|
