Due to confidential settlement agreements and privacy acts , the names of the parties to the following cases have been withheld.

Personal Injury  |  Wrongful Death |  Workers Compensation |  Estate Litigation

Personal Injury:

$1,760,000 Total Recovery (Policy limits: $100,000): A 42 year old emergency room nurse on her way home from the gym when the Defendant driver ran a red light and slammed into the passenger side of her vehicle.  The injuries that resulted from this collision were life altering for our client, leaving her in need of constant care & supervision.  Our office secured a settlement with the UM Insurance carrier months after the accident occurred.  However, the insurance carrier for the Defendant driver & trucking company was not willing to settle for our offer of the policy limits.  After several years of litigation, a settlement of $1,650,000 was reached just prior to going to trial.  Injuries: Closed head injury resulting in an intracranial hemorrhage and 5 week coma, pulmonary contusion, severe burn to right hand requiring surgery, spinal fractures, extensive care needed for remainder of life. Damages: Pain & suffering, Past & future medical expenses, lost wages, loss of earning capacity.  GUARDIANSHIP OF KATHY DEARMIN V. DEFENDANT TRUCKING COMPANY

$1,564,256.69 Total Recovery (Minor Child: $764,256.69 Recovery; Parents: $800,000.00 Recovery) (Policy limits: $500,000): Our client was a 10 year old unrestrained passenger in the backseat of a vehicle with 4 other children that were being transported to an after school gymnastics program when the vehicle was hit head on.  Nearly a year after her accident, a settlement was secured on behalf of the minor child from both the at-fault driver and the driver of the vehicle she was a passenger in.  Shortly thereafter the same insurance company agreed to settle the parent’s claims for an additional $800,000.  Injuries: Plaintiff was an un-restrained minor child in a vehicle that was hit head on.  Plaintiff suffered a closed head injury and multiple skull and facial fractures resulting in a subdermal hematoma which required multiple surgeries to reduce swelling to the brain resulting in an extended stay in intensive care, use of a ventilator and drug induced coma; vision, hearing & cognitive complications and impairments. Damages: Past & future medical expenses, pain & suffering, future earning capacity losses, loss of enjoyment of life & change of quality of life for parents & siblings of minor child JANE DOE (a minor child) & PARENTS OF JANE DOE v. JANE DOE – DRIVER/OWNER, JANE DOE – DAYCARE OWNER & JOHN DOE – DRIVER/OWNER.

$1,000,000 Policy Limits Recovery: Our client was leaving a local night club after enjoying his night out with his son when they were attacked by another patron of the club.  Our office spoke with witnesses that stated that the night club manager and employees locked the entrance to the club and refused to call the authorities for help.  We filed suit against the night club and at mediation secured a settlement for the policy limits.  Injuries: Plaintiff was comatose for 3 weeks, closed head injury, partial vision loss; Damages: Past & future medical expenses, past & future earnings loss/loss of business, pain & suffering.  JOHN DOE v. DEFENDANT NIGHT CLUB.

$1,000,000 Recovery (Policy limits: $200,000): Timothy and John Rooney were leaving their subdivision for a ride on their motorcycles when the Defendant driver went through a stop sign and struck both of them.  Both of the them were thrown from their motorcycles and sustained serious injuries, however both were fortunate to be wearing helmets at the time of the crash.  An offer was sent to the defendant’s insurance company requesting a policy limit settlement of $200,000.  Defendant’s insurance company initially denied liability and did not comply with our offer.  After filing suit against the defendant, but prior to trial, the insurance company agreed to settle for a total of $1,000,000.  Injuries: Timothy Rooney sustained multiple skull & facial fractures requiring surgery; subdural hematoma; pelvic fractures, fractured leg requiring surgery, broken collarbone and scapula, mid/low back and neck pain & vision complications.  John Rooney sustained multiple rib fractures, respiratory failure, multiple leg fractures requiring surgery, lacerated liver & spleen requiring a splenectomy, traumatic brain injury & broken vertebrae. Damages: Past & future medical expenses, loss of business & earning capacity, pain and suffering, loss of consortium.  JOHN, PAMELA & TIMOTHY ROONEY v. MELISSA McCALLISTER.

$708,301 Total Recovery ($130,000 Defendant Owner Recovery & $578,301 Verdict) (Policy Limits: $100,000): Travis Kirkland and his friend were on their way home after celebrating St. Patrick’s Day at a local bar.  While stopped at a light, his friend’s truck was struck from behind by a minor driver.  After the crash, both Travis and the driver exited the vehicle to assess the damage.  At that time, the minor driver restarted his vehicle, drove onto the side walk and struck Travis Kirkland throwing him in the air and severely injuring him.  The minor driver was caught a few blocks away and was arrested for leaving the scene of an accident as well as for drunk driving.  Travis was transported via Bayflight and then endured months of surgeries and rehab on his knee, eventually requiring a total knee replacement.  An offer was sent to the UM carrier of the vehicle that Travis was in as well as to the owner of the Defendant’s vehicle.  Our office secured settlements from the UM as well as from the owner of the vehicle for the initial crash. The liability insurance company denied our clients offer to settle and suit was filed.  After several years of litigation, our office took this case to trial and judge and jury returned a verdict of $578,301.  Auto Negligence/Punitive Damages; Injuries: closed head injury, leg injuries requiring multiple surgeries and total knee replacement, low back injury and continual neck pain; Damages:Loss of earning capacity, past & future medical expenses, pain & suffering, punitive damages. DANIEL TRAVIS KIRKLAND v. SEXTON & FEATHERSTON.

$589,717 Recovery (Policy Limits: $500,000): Our client was driving from her office in Palmetto to a meeting in Venice on I-75 when the defendant swerved into her lane causing her to leave the road and hit some trees on the side of the interstate.  The defendant initially fled the scene of the accident but was chased down by an eye witness.  The defendant and the company he worked for finally admitted to liability for the accident but did not comply with the terms of our offer to settle for the policy limits.    Auto Negligence; Injuries: Disc protrusions leading to spinal surgery & disc fusion, failed back syndrome resulting in severe pain and morphine pump installation; Damages: Loss of earning capacity, pain & suffering, past & future medical expenses.  SUEHR v. EVETT and MASON ENTERPRISES.

$575,000 Total Recovery: Nicolau Sommer was driving home from work when a vehicle driven by Neil Franzer crossed into his lane striking him head on.  Mr. Sommer suffered serious injuries which prevented him from being able to return to work at his previous job.  Mr. Franzer was charged with a DUI in connection with the accident.  Our office filed suit and after several years of litigation, secured a settlement from the Defendant’s employer for $475,000.  Auto Negligence/Liability;  Injuries: left clavicle fracture, sternum fracture, multiple rib fractures and rotator cuff injury resulting in surgery; Damages: Loss of earning capacity, pain & suffering, past & future medicals, wage loss.  NICOLAU SOMMER v. NEIL FRANZER & EMPLOYER PHARMACEUTICAL DISTRIBUTION COMPANY.

$500,000 Recovery: Our client was riding his motorcycle to work at his furniture company when the Defendant driver turned in front of him, violating his right of way and severely injuring him.  Due to his injuries, he was subjected to numerous surgeries over the course of a year as well as countless months of rehabilitation and physical therapy.  Since he was unable to work in his furniture business, he not only had to hire additional employees to complete the projects that were outstanding, he also had to turn down projects that there was no way to complete.  This cost his company and himself significant amounts of income.  The Defendant Cable Company agreed to settle for $500,000 at mediation.  Injuries: cuts & scratches requiring stitches, back injuries resulting in continual pain, compound leg fracture requiring surgery, knee injury requiring multiple surgeries; Damages: Pain & suffering, past & future medical expenses, loss of earning capacity and loss of consortium. JOHN DOE v. DEFENDANT CABLE COMPANY.

$490,000 Recovery (Policy Limits: $200,000): James and Kathilynn Mason were travelling home from work when they were rear-ended by the defendant.  Both clients were injured and were transported to the ER via ambulance.  Our office offered to settle the claims for the policy limits, however the Defendant’s insurer did not comply with the offer.  After our office had filed suit, the insurance company agreed to settle all claims for $490,000.  Injuries: James Mason: back and neck injuries requiring surgery, shoulder fracture; Kathy Mason: neck and back injuries, severe bruising of hip, pelvis and abdomen; Damages: Pain & suffering, past & future medical expenses, loss of earning capacity, lost wages.   JAMES AND KATHILYNN MASON v. DORIS MACBAIN and PROGRESSIVE INSURANCE.

$465,000 Recovery (Policy Limits: $200,000): Our clients were enjoying an evening ride on their motorcycle when the Defendant made an illegal right turn from the center lane of US 41, causing the motorcycle to strike the rear end of the Defendant’s vehicle.  Both of our clients were transported to the hospital with serious injuries.  Our office sent an offer to the Defendant’s insurer for the policy limits.  The insurer rejected our offer. Our client required multiple surgeries and was forced into early retirement due to the extent of her injuries.  At mediation, the insurer offered to settle for $465,000.  Injuries: bilateral shoulder fractures requiring multiple surgeries; Damages: Past & future medical expenses, past & future loss of earning capacity, pain & suffering, extra-contractual damages for bad faith.  JOHN & JANE DOE v DEFENDANT DRIVER/OWNER

$325,000 Recovery: Mr. Simpson was crossing the street when the Defendant’s vehicle appeared out of nowhere and struck him.  After numerous surgical procedures to repair the damage to his leg, the doctors had no choice but to amputate the leg.  The Defendant’s insurer would not admit to liability and therefore refused our numerous attempts to settle the case.  After several years in litigation but just prior to trial, our office secured a settlement with the Defendant’s insurer for $325,000.  Note: Our client was on disability at the time of the accident for a long term health condition, therefore there were no lost wages or lost earning capacity damages to recover additional funds for. Injuries: proximal tibiofibular open facture of  left leg, multiple facial lacerations & fractures, open fracture of left elbow, abrasions of face, chest & arms, left side superior & inferior pelvic fractures, right rib fractures, eventual above knee amputation of left leg; Damages: Pain & suffering, past & future medical expenses CHARLES SIMPSON v. JOHN ZIMMERMAN.

$325,000 Recovery: Our client was a passenger in a gondola type ride at an amusement park when suddenly and without warning another gondola car struck the one she was riding in from behind.  The sudden jolt broke a pedicle screw holding a plate in place in our client’s neck, causing our client immense pain and the need for another surgical fusion of the vertebrae.  After a long period of litigation and negotiations, the amusement park agreed to settle the case for $325,000. Injuries: neck injury resulting in multiple surgeries and fusion of vertebraes; Damages: Past & future medical expenses, past & future loss of earning capacity, pain & suffering. JANE DOE v. DEFENDANT AMUSEMENT PARK.

$315,000 Recovery: Theresa Sluder was a passenger in a vehicle when it was struck from behind by a tractor trailer.  Due to the accident, she sustained low back injuries that required numerous surgeries and physical therapy.  Ms. Sluder was a hair stylist at the time of the accident but due to her injuries she could no longer perform her duties and was released from her job.  At mediation, the Defendant’s insurer agreed to settle for $315,000.  Injuries: low back injury requiring two surgeries; Damages: Loss of earning capacity, past & future medical expenses, pain & suffering. THERESA SLUDER v. MOYERS AND RULEMAN TRUCKING, INC.

$300,000 Recovery: Our client was stopped at a traffic light when she was struck from behind by the Defendant tow truck.  At the time of impact, the tow truck had two vehicles in tow.  Our client received back, neck and shoulder injuries as a result of the collision.  These injuries required several surgeries and extensive time off of work.  The defendant driver admitted liability for the accident, claiming that traction and braking were reduced due to the weight that was being towed.  The defendant tow truck company refused to admit liability and argued that our client had pre-existing injuries due to 3 prior accidents and her obesity.  After almost 4 years of litigation, the defendant insurer agreed to settle for $300,000 at mediation. Injuries: soft tissue neck & back injuries requiring surgical intervention & epidural injections; rotator cuff tear requiring surgical repair.  Damages: past & future medical expenses, loss of business & earning capacity, pain & suffering.  JANE DOE v DEFENDANT TOW TRUCK COMPANY

$244,425 Jury Verdict; $254,425 Total Recovery (Policy Limits: $200,000): James Hubscher was on his way home from work when the Defendant went through a red light and striking his vehicle and causing severe back injuries.  Mr. Hubscher was subjected to numerous surgeries which required several rods and screws in his back in order to alleviate the pain and repair the damage.  Our office offered to settle the case for the policy limits, but the insurer(s) did not comply with our offers.  At arbitration, an award of $712,226 was awarded to the plaintiff, who turned down the award in favor of a jury trial.  The jury awarded $244,425 including damages for past & future medical expenses and past & future loss of earnings.  However, the jury refused to award damages for pain & suffering. (Verdict 2/12/04). Injuries: low back injury requiring two surgeries.  Damages: Plaintiff unable to return to his job functioning as a Chief Engineer for a large hotel (past & future loss of earning capacity), past & future medical expenses, pain & suffering.  JAMES HUBSCHER vs. VISION HOMES OF SW, FL, INC., DON MICHAEL PADGETT, and GEICO CASUALTY COMPANY.

$200,000 Recovery: Mr. Sergiacomi was riding a bicycle on the side of the road when the Defendant’s pontoon boat, which was secured sideways to the trailer, struck him in the back of the head.  Our client suffered numerous injuries as well as lost wages.  While the Defendant was cited in the accident and really couldn’t deny liability in this case, their insurer did not want to accept our offer to settle.  Finally, after several years of litigation, the Defendant’s insurer agreed to settle for $200,000.  Injuries: Lacerated spleen, multiple rib fractures, left clavicle fracture, collapsed lung, laceration to head & shoulder injuries; Damages: Pain & Suffering, past & future medical expenses, lost wages, loss of earning capacity.  MICHAEL SERGIACOMI v. LONNIE JUD

$175,000 Recovery (Policy Limits: $10,000):  Our client was a passenger in a vehicle when out of nowhere a truck slammed into her car door.  The Defendant then left the scene of the crash only to be found a short time later by the police department.  The crash left our client with severe injuries to her arm which required several surgeries and an extended time off of work.  Our office sent an offer to settle for the policy limits to the Defendant’s insurer but they did not comply with the terms of our offer.  The Defendant and his insurer argued that the crash report and eye witness were incorrect in the facts of the crash and that someone else was driving the Defendant’s vehicle at the time.  The Defendant or his insurer could not produce the phantom driver for questioning and in the end, they agreed to settle the claims for $175,000. Injuries: communicated fracture of the distal humerus involving the left elbow joint with displacement of the fracture fragments; loss of range of motion, ulnar nerve damage; Damages: Past & future medical expenses, past & future loss of earning capacity, pain & suffering, extra-contractual damages for insurance bad faith.  JANE DOE v. JOHN DOE.

$150,000 Policy Limits Recovery:  Heather Tobin was a passenger in Laura Calliea’s car when it was struck by the Defendant’s vehicle that ran a red light.  Unfortunately, because the Defendant vehicle was being driven by an underage, unlicensed driver there was no insurance coverage available to cover the injuries sustained by Ms. Tobin.  Our office sent offers to both Ms. Tobin’s uninsured motorist insurance as well as Ms. Calleia’s uninsured motorist insurance for the full policy limits available under both policies.  Both insurance companies complied with our offer due to the severity of Ms. Tobin’s injuries.  In addition to the recovery on Ms. Tobin’s behalf, our office also settled Ms. Calleia’s claims with her unisured motorist coverage for $40,000.  Injuries: ankle & foot factures requiring surgery, low back & neck injuries; Damages: Lost wages, pain & suffering, past & future medical expenses. HEATHER TOBIN v. PROGRESSIVE AUTO INSURANCE & GEICO AUTO INSURANCE.

$140,000 Recovery:  Our client, a minor teenager, was at a friend’s house when another teenager decided to start a fire by throwing gasoline on a pile of leaves and paper, causing the gas can to explode.  This explosion caused second degree burns over a large portion of our client’s body.  Prior to this incident, the owners of the property were aware that the teenagers had been starting small fires and had warned them against the behavior.  However, the gas can was left in an unsecured area for the teens to access.  Settlement was reached at mediation with the property owner’s insurance.  Injuries: Second degree burns on hands, face, arms, stomach & knees resulting in permanent scarring Damages: Pain & suffering, past & future medical expenses, scarring/disfigurement.  JOHN DOE (a minor child) v. DEFENDANT HOMEOWNER & DEFENDANT MINOR CHILD.

$100,000 Recovery:   Jamie Sterling was the passenger in a vehicle driven by her husband when they were rear ended.  Ms. Sterling suffered an aggravation of a pre-existing spinal injury which would require neck, back and shoulder surgeries.  The Defendant’s insurer agreed to settle for the policy limits at mediation.  Injuries: aggravation of pre-existing spinal injury and disc bulge resulting in back, neck & shoulder surgeries; Damages: Pain & suffering, past & future medical expenses. JAMIE STERLING v. AVIS & STEPHEN RAKEMAN.

$99,500 Recovery (Policy Limits: $10,000): The Defendant ran a red light striking our client’s vehicle in the drivers side and propelling him into two other vehicles that were stopped at the light.  Our client received significant injuries to his spine which required surgery.  In addition, he received a closed head injury that significantly impaired his memory, vision and other cognitive abilities.  Our office offered to settle for the policy limits but the Defendant’s insurer did not comply with the terms of our offer.  Our client’s claims were settled prior to trial for $99,500.  Injuries: low back injury requiring surgery and closed head injury; Damages: Past & future medical expenses, past & future loss of earning capacity, pain & suffering, extra-contractual damages for insurance bad faith.  JOHN DOE v. DEFENDANT DRIVER/OWNER

Wrongful Death:

$1,270,000 Recovery: Our office was co-counsel in the representation of an 18 month old minor survivor in an accident that claimed the lives of her parents.  A settlement was secured on her behalf as well as on behalf of both of her parents estates.   Damages: Loss of support & consortium.  JANE DOE, a minor child v. DEFENDANT TRUCKING COMPANY.

$351,666.68 Recovery: Early one morning in October 2006, Arnal Smallwood, his daughter, two of his nephews and three of his employees were driving to a job site when a car driven by Matthew McQueary hit them head on at a high rate of speed.  As a result of this crash, Mr. Smallwood, his daughter, her unborn child, one of his nephews and one of his employees were killed as was the driver of the other vehicle.  Our office was hired to represent the families of three of the deceased as well as one survivor of the crash.  Due to the severity of the crash and the number of injuries and fatalities associated with it, our office sent an offer to the defendant’s insurer within days of the accident.  Policy limits of $100,000 per individual and $300,000 per accident from the Defendant’s insurer were obviously not sufficient to cover all costs involved.  Our office sent an offer to all insurance companies involved for all policy limits available.  All insurance companies involved agreed to settle for the insurance available ($351,666.68) for the three death cases that our office represented. Injuries: multiple deaths due to the severity of the injuries.  Note: Our office is still representing one of the crash survivors in an ongoing case.  Damages: Pain & suffering, wrongful death, medical expenses and loss of earning capacity ESTATE OF NATHAN SIMPSON, ESTATE OF ARNAL SMALLWOOD AND ESTATE OF CORNELIO ZACARIAS v. ESTATE OF MATTHEW MCQUEARY.

$291,000 Recovery: Our client was walking to his mailbox to get his mail when he was struck by a US Postal Service truck that was driving in reverse down the street.  Unfortunately, the postal service employee had forgotten to deliver a package to a previous address and instead of turning around to go back, he choose to back down the street for a distance of more than 192 feet.  The US Postal service found that the employee was at fault through it’s own investigation, however they did not want to admit liability.  Due to the negligence of the postal employee, our client suffered severe spinal injuries that required surgery.  However, prior to surgery being performed, it was discovered that he had laryngeal cancer that was untreatable due to the spinal injuries.  Our client never left the hospital following his accident, passing away a short 38 days later of pneumonia due to his compromised immune system.  Due to the wrongful death of our 77 year old client, the US Postal Service agreed to settle the claims of his spouse and his estate for $291,000.  Injuries: fractured nose, lacerations requiring stitches, spine injuries requiring surgery and resulting in the plaintiff having an extended hospital stay leading to multi-system failure and eventual death; Damages: Pain & suffering, the estate’s loss of accumulation of value, medical expenses, funeral expenses and loss of consortium. JANE DOE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN DOE v. UNITED STATES POSTAL SERVICE.

Workers Compensation:

$480,000 Recovery: Injuries: Slip and fall in walk in cooler leading to low back injuries requiring surgery resulting in failed back syndrome and leading to the plaintiff becoming wheelchair bound with a morphine pump for continual pain; Damages: Loss of earning capacity, pain & suffering, future medical expenses. JANE DOE v. EMPLOYER BAR & GRILL/WORK COMP CARRIER.

$150,000 Recovery: Injuries: low back and hip injuries sustained while shoveling; Damages: Pain & suffering, loss of earning capacity. JOHN DOE v. EMPLOYER/WORK COMP CARRIER.

Estate Litigation:

$300,000 Recovery: Intentional Interference with an Expected Inheritance; Plaintiff was major beneficiary of decedent’s Will & Trust.  Prior to decedent’s death from terminal lung cancer, decedent’s ex-wife re-entered his life and as a result of her undue influence and duress was able to procure an amendment to the Trust whereby the plaintiff’s inheritance was greatly devalued.  IN RE THE ESTATE OF JOHN DOE; JANE DOE v. MRS. JOHN DOE

$200,000 Recovery: Intentional Interference with an Expected Inheritance; Plaintiffs were grandchildren of decedent; Prior to decedent’s death she was in the care of a daughter and named beneficiary.  Her daughter used undue influence and through duress forced the decedent to alter her will naming the daughter the sole beneficiary. IN THE ESTATE OF JANE DOE; JANE DOE’S GRANDCHILDREN v. JANE DOE’S DAUGHTER.

$175,000 Recovery: Intentional Interference with an Expected Inheritance; Plaintiffs were named sole beneficiaries under decedent’s trust for many years.  Prior to decedent’s death, she was in the care of family members who practiced undue influence upon her and by duress procured a trust amendment whereby the plaintiffs’ inheritance was devalued. WHALEN v. PROSSER; In Re The Estate of Alicia Hall.

$150,000 Recovery: Intentional Interference with an Expected Inheritance; Plaintiffs were relatives of the decedent and were told by the decedent that they would be included in his Will & Testament.  Prior to decedent’s death he was in the care of professional care givers that used their undue influence to force the decedent under duress to alter his Will to remove his family members and include the care givers. IN THE ESTATE OF JOHN DOE; FAMILY OF JOHN DOE v. CARE GIVERS OF JOHN DOE.