G. Jeffrey Vernis - Vernis & Bowling

G. Jeffrey Vernis, Esq.
Managing Partner
Vernis & Bowling of Palm Beach, P.A. 618 U.S. Highway One North Palm Beach, FL 33408
Phone: (561) 775-9822
Email: GJVernis@National-Law.com
Fax: (561) 775-9821
Website: www.National-Law.com
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Verdicts and Dispositions

Passarelli v. The Cheesecake Factory
G. Jeffrey Vernis and Natasha Coyle (N. Palm Beach, FL)(Premises Liability) tried the case of Passarelli v. The Cheesecake Factory in Palm Beach County, Florida from July 22-26, 2024 and beat the proposal for settlement filed almost 2 years earlier. This negligence claim involved an incident where the Plaintiff fell after an employee moved a chair 3 seconds before the Plaintiff attempted to sit in it. The Plaintiff claimed to have sustained a significant low back injury, had several epidural steroid injections and ultimately underwent a two-level spinal fusion. While the Plaintiff did have some prior minor low back complaints, she did not have any significant low back medical history, treatment or surgical recommendation. The Plaintiff incurred over $245,000 in past medical expenses and her doctor testified that she would need future medical treatment including an additional low back surgery. The Plaintiff asked the jury for over $1,015,000. The defense contended that the plaintiff was herself at fault for her fall and that she had longstanding preexisting conditions, and that the medical treatment was unrelated to the fall.

After the five-day jury trial, the jury returned a verdict finding the Plaintiff 75% at fault and awarding her $92,500, less than 10% of what Plaintiff’s counsel asked the jury to award and less than the proposal for settlement offered by the Defendant almost two years earlier. Post-trial motions are pending.
Rivas-Martinez v. Dominguez
G. Jeffrey Vernis and Mitchell Silver (N. Palm Beach, FL) (Automobile Liability) obtained a complete Defense Verdict in a 4-day jury trial in St. Lucie County, FL. Plaintiff was a passenger in a vehicle being driven by her son which was stopped at a traffic light when it was struck in the rear by the vehicle being operated by Mr. Dominguez. The Plaintiff’s vehicle sustained substantial damages in excess of $25,000. The Plaintiff was seen by EMS at the scene but declined medical treatment. The Plaintiff delayed her medical treatment for 8 months while she was caring for her adult son who had been in a life-changing motorcycle accident and was in a coma and had substantial physical injuries and brain damage. Subsequently, the Plaintiff underwent 20 epidural injections to her cervical, thoracic, and lumbar spine and ultimately underwent an L4-5 lumbar laminectomy surgical procedure. She continues to have symptoms. The Plaintiff’s medical expenses exceeded $204,000 and claimed future medical expenses of $368,000 for future surgeries to both the neck and low back. The Plaintiff also asked the jury for $400,000 in pain and suffering damages, requesting a total of $921,580.

The Defense admitted negligence conceding that the rear-end accident was the fault of the Defendant but that the Plaintiff did not sustain any injuries in this accident. The Defense called their CME orthopedic surgeon and their Neuroradiologist who opined that the Plaintiff did not suffer any injury from this accident. After deliberating for 2 hours, the jury returned a verdict of no causation of injury awarding the Plaintiff no money. There will be motions to tax attorney’s fees and costs against the Plaintiff under the proposal for settlement statute, prevailing party statute, and the non-binding arbitration statute.
Battle v. Ainsworth d/b/a Chick-fil-A
G. Jeffrey Vernis and Natasha Coyle (Palm Beach) (Premises Liability) obtained an excellent result in a 6-day jury trial in Palm Beach County, Florida on May 1, 2024. The case arose from a slip and fall that occurred in a service hallway located inside the Gardens Mall. The Plaintiff was working as a housekeeper and alleges that water spilled from the premises or property of the Chick-fil-A creating a dangerous condition causing him to fall. The Plaintiff claimed to have suffered injuries to his low back, neck, both knees and both shoulders. He underwent numerous medical procedures including two surgeries to his neck and lower back. The medical expenses that were presented to the jury totaled $594,746 and evidence of future medical expenses of $200,000. The Plaintiff’s pre-trial demand was $750,000 and the Plaintiff asked the jury to award $1,944,746. After the six-day trial, the jury returned a verdict finding Chick-fil-A only 20% at fault and awarded only $166,500 in total damages, making the recovery against Chick-fil-A only $33,300. Post trial motions are pending.
Perez v. Lowe’s
Jeffrey Vernis (N. Palm Beach, FL) and Timothy Kazee (Deland, FL) (Premises Liability) obtained a Defense Verdict after a week-long trial in Volusia County, Florida, in a case in which the Plaintiff demanded more than $1.3 Million. In 2019, the Plaintiff was shopping at Lowe’s Home Centers, LLC, and there was a pallet at the indoor garden center entryway. The aisle was blocked-off as workers were operating equipment and moving products. After entering the building, the Plaintiff walked with his wife around the pallet to a shelf to shop at the restricted aisle. A Lowe’s employee told the Plaintiff to leave the restricted area, and he backed up and fell on the pallet. The Plaintiff’s liability expert (George Zimmerman) testified that Lowe’s violated numerous codes and ordinances, and the Plaintiff argued Lowe’s violated its own policies and procedures through its pallet placement. Lowe’s offered the testimony of its corporate representative and employees to show that code, ordinances, policies, and procedures were not violated. The incident was captured on store surveillance.

As a result of the incident, the Plaintiff claimed severe injuries to his knees, hip, and back, and he underwent multiple injections and an extensive back surgery. He incurred more than $144,000 in past medical expenses. Plaintiff’s life care planner projected annual invasive procedures and a surgery, and total economic damages were demanded in excess of $550,000. Lowe’s offered expert testimony of an orthopedic surgeon to show that Plaintiff’s injuries were temporary aggravations of pre-existing arthritic conditions, despite the absence of any prior complaints or treatment for the area of operation and continued treatment. The Defense moved for Directed Verdict. After extensive argument, the Court granted Lowe’s Motion for Directed Verdict as to open and obvious condition (no duty to warn) and granted as to no hazardous condition for which Lowe’s had knowledge superior to the Plaintiff (no duty to correct) but left for the jury to decide whether Lowe’s breached the duty to maintain the premises in a reasonably safe condition. After a very brief deliberation, the jury returned with a verdict finding that Lowe’s was not negligent. The Court has reserved jurisdiction for post-trial motions, including Defendant’s pending Motion to Tax Fees & Costs to the Plaintiff based upon a Proposal for Settlement.
Lovett v. Heughins
G. Jeffrey Vernis (N. Palm Beach, FL/Melbourne, FL) and Isam Alsafeer (Melbourne, FL) (Auto Liability) settled the matter of Lovett v. Heughins just days before trial for an amount less than the Defendant offered at mediation. This case stems from a motor vehicle-bus accident that happened on November 8, 2019 in Palm Bay, Florida. The Plaintiff was an occupant in a public transportation bus that was struck by a vehicle driven by Ms. Heughins. The Plaintiff claimed that he looked out the front of the bus window and saw the Defendant’s car heading at them head-on. Instantly, the bus collided with the car, running over and crushing the car, forcing the bus onto two wheels. After teetering on two wheels, the bus came slamming down, projecting the Plaintiff from his seat onto the floor. Unfortunately for the Plaintiff, none of this was true. This was a rather minimal sideswipe accident where there was minimal damage to the bus, and all was captured on the buses cameras.

As a result of the accident, the Plaintiff claimed severe injuries to his neck and low back, underwent multiple injections and back surgery at L4-5 and L5-S1. He incurred over $150,000.00 in past medical expenses and had a life care plan that totaled $1,061,383.00in future medical care needs. The Plaintiff’s counsel, a very large national Plaintiff’s firm, demanded $1,250,000.00 in their time limit demand and re-asserted that demand again at mediation. At mediation, the Defendant made a final offer of $50,000.00. We were specially set for trial beginning June 13, 2022. After mediation, we continued to press the Plaintiff’s counsel on discovery and were able to get the Judge to severely limit Plaintiff’s treating doctor’s testimony and was in the process of seeking the same regarding the Plaintiff’s life care planner. After the final pre-trial conference with the Judge and knowing the matter was proceeding to trial within a week, the Plaintiff’s counsel inquired if the amount offered at mediation was “still available”. After additional negotiations and with the great support from our claims professionals team, we were able to settle this matter for $38,500.00 just a few days before trial was to begin. If you would like any additional information on this case, please contact GJVernis@National-Law.com or IAlsafeer@Florida-Law.com.
Greene, Tammia v. Lowe’s
G. Jeffrey Vernis (N. Palm Beach, FL) and Bill Hyland (Deland/Central FL) (Premises Liability) obtained a favorable Jury Verdict after a 4-day trial in matter of Greene v. Lowe’s in Lake County, Fl. The Plaintiff claimed serious injuries to her left knee and right hip, requiring anterior cruciate ligament (ACL) reconstruction surgery as a result of hitting her knee on an open drawer in the hardware aisle of Lowe’s. The Plaintiff contended she suffered an ACL tear to her left knee that required surgery and extensive reconstruction of her knee, with total medical bills exceeding $115,000. The plaintiff claimed her severe knee and hip pain was ongoing and made her walk with a severe limp and would require at least one additional surgery to repair her knee. The Defense denied any negligence and argued that the incident was an unfortunate accident and not negligence. At trial, the defense introduced the store security video of the proximity of the incident showing the plaintiff walking normally after the incident. The defense also called two expert physicians that testified the plaintiff’s MRI of her left knee was completely normal and surgery was not reasonable, necessary, or causally related to the incident.

At mediation, the Defendant had offered $50,000 and subsequently filed a Proposal for Settlement (PFS). The Plaintiff last demand at mediation was $675,000 and subsequently filed a PFS for $425,000. At trial, the plaintiff’s asked the jury for an award of $1,900,000 in damages. The jury returned a total verdict of $6,218.40 assigning 95% comparative negligence on the plaintiff, for a net verdict of $310.00. The Defendant is preparing their motion to recover attorney’s fees and costs incurred in the defense of the claim. If you would like any further information about this successful win, please contact us at GJVernis@national-law.com or WHyland@Florida-law.com.
Rosenzweig, Mark & Sandra v. Lowe’s
Kristy Sanders (Deland/Central FL) and G. Jeffrey Vernis (N. Palm Beach, FL) (Premises Liability) tried the matter of Rosenzweig, Mark & Sandra v. Lowe’s, before a jury in Seminole County from June 14-17, 2021 and secured a Defense Verdict. Plaintiff alleged that while shopping at Lowe’s, he tripped over a partially curled up display rug. Plaintiff claimed he sustained injuries to his neck, back, both shoulders and both knees. Plaintiff had surgeries to his neck and both knees; PRP injections in both knees, shoulders and neck and his medical bills totaled over $286,000. Plaintiffs demand was over $1M and was reduced just prior to trial to $670,000. Defendant filed a proposal for settlement for a total of $50,000 over a year before trial. During trial, Plaintiff alleged that Defendant was on notice that the rug display was a dangerous tripping hazard because it knew or should have known that rug corners have the tendency to roll upward as the result of humidity delaminating the two-sided tape adherent. Defendant countered by showing that no one, including the Plaintiffs saw the rug curled-up prior to the fall and that its policies and procedures were to check for safety issues every morning and throughout the day. Further, its loss prevention officer checked the rug personally at least once a week, if not more, to ensure that it was affixed to the floor. In addition, Defendant was able to show that the Plaintiff had numerous prior falls in stores causing similar injuries dating back to the 1990’s, including a similar fall also over a rolled-up corner of a rug, at another store just four years prior. Defendant was able to show that not only did the Plaintiff suffer similar injuries before the subject incident but failed to disclose those incidents/injuries to his own doctors and that the doctors’ opinion on causation were largely based on the credibility of a Plaintiff who failed to be honest with them or anyone throughout the litigation. At trial, the Plaintiff asked the jury for more than $1.8M. The jury was out for forty-five minutes and returned with a complete Defense Verdict. Defendants Motions to Tax Attorney’s fees and costs against the Plaintiff are pending.
Vernis & Bowling Obtains Defense Verdict in Florida's First Live Jury Trial post COVID-19
Jeffrey P. Gill (Pensacola, FL) and G. Jeffrey Vernis (N. Palm Beach, FL) obtained a Defense Verdict in the first live jury trial in the State of Florida this week in Panama City, Florida, since Covid-19 closed our courts.

With Covid restrictions in place, we started to pick a jury on October 12, 2020. The court room was reconfigured for social distancing and there were plastic shields around the judge, the court clerk, the court reporter and installed between the attorneys, even the one sitting at the same table. Everyone wore a mask the entire time they were inside the courtroom whether they were speaking or not. The jurors were brought in much smaller groups for the initial voir dire questioning and once selected, they sat, socially distanced on the benches in the gallery, rather than in the jury box. The jury pool was reduced by about 1/3 for Covid related reasons requiring access to more potential jurors. For each break and for the jury deliberation, the jury was placed in a separate courtroom so they could sit, and later deliberate, distanced from each other. Everyone worked around the new protocols as best as we could and there were certainly times when it was difficult to hear someone through the mask, but that was typically remedied quickly. All sidebars with the Judge were done with the plastic shield in place. Overall, the jury trial went smoothly and surprisingly considering the fear and protocols surrounding Covid-19. For more about the case itself, see below.

The matter of Streichert v. Ennis was tried in Bay County, Florida from October 12, 2020 to October 15, 2020. This case involved an admitted negligence rear-end accident where the plaintiff claimed to have sustained a permanent injury and a permanent and significant loss of an important bodily function as a result of an automobile accident which occurred on April 11, 2016 in Lynn Haven, Florida. The plaintiff claimed significant and permanent injuries to her neck, back, elbow and carpal tunnel syndrome and received medical care and treatment with a chiropractor, orthopedic surgeon, neurologist and pain management physician all of whom testified either live or through records. The plaintiff argued that she sustained three herniated discs in her neck and two in her low back as a result of this accident, together with carpal tunnel syndrome. Although the plaintiff had been recommended for surgery, she had a severe phobia of any treatment that could possibly result in paralysis since she grew up with a mother who was a quadriplegic. Since the plaintiff would not have surgery, she underwent pain management but there were significant gaps in treatment. The Plaintiff denied prior history of neck or back pain or problems before this accident and no records were found to prove otherwise. The plaintiff’s case was tailored to proving how her life has changed from before the accident to after the accident. The plaintiff presented five before and after witnesses all of whom testified how significantly the plaintiff has been affected by the injuries she received in the accident. Interestingly, the plaintiff decided to waive her claims for economic damages and exclusively seek only non-economic damages; i.e. pain and suffering and loss of enjoyment of life. While we admitted negligence for this rear end accident, we contended that the plaintiff was herself partially responsible but also that the plaintiff did not sustain a permanent injury or significant and permanent loss of an important bodily function as a result of the accident. In the defense case, we called a board-certified medical doctor who testified that the plaintiff did not sustain any permanent injury or significant and permanent loss of an important bodily function as a result of the accident.

The trial lasted four days and the jury returned a verdict finding the plaintiff 30% at fault for this rear-end accident and found no permanent injury or permanent or significant loss of an important bodily function and therefore the plaintiff received $0. We had filed a proposal for settlement earlier in the case and our motion to tax attorney’s fees and costs is pending.

If you would like more information concerning this trial, please feel free to contact JGill@Florida-Law.com or GJVernis@National-Law.com.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Construction and Construction Defect Litigation
Coverage & Declaratory Judgment Actions
Cyber Security & Data Privacy
Director & Officer Liability (D&O)
Errors & Omissions Liability (E&O)
First and Third Party Property and Casualty Claims
Garage and Garagekeepers Liability
Government Law
Medical Malpractice
Premises Liability
Product Liability
Professional Liability/E & O
Trucking

Bar & Court Admission

United States Supreme Court
Florida Bar
Florida Supreme Court (includes all Florida State courts)
U.S. District Court for the Southern, Middle and Northern Districts of Florida

Education

Graduate:
St. Thomas University School of Law, Miami, FL, 1987, Doctor of Jurisprudence
Honors:
Dean's List, 1987
Moot Court Board, 1984, 1985
Delta Theta Phi Law Fraternity
Undergraduate:
University of South Florida, B.A. Degree in Criminal Justice with minor degree in International Political Science, 1984

AV Preeminent Peer Review Rated by Martindale-Hubbell

Florida Bar Board Certified Civil Trial Lawyer
AV^® Preeminent^™ Peer Review Rated by Martindale-Hubbell
Martindale-Hubbell’s Bar Registry of Preeminent Lawyers in America
Florida’s Legal Elite, by Florida Trend Magazine
Florida’s Super Lawyers by Super Lawyers Magazine published by Law & Politics
Florida’s Leading Lawyers by South Florida Business Journal
Florida’s Power Leaders in Law by South Florida Business Journal
Florida’s Top Lawyers by South Florida Legal Guide

G. Jeffrey Vernis was born in Coral Gables, Florida. In 1984, he graduated from the University of South Florida with a Bachelor of Arts degree in Criminal Justice and a minor in International Political Science. While at U.S.F., Jeff was a founding member of a social fraternity requiring higher academic standards which later became a national fraternity. He then attended St. Thomas University School of Law, in Miami, Florida. St. Thomas University conferred a Juris Doctorate upon him in 1987. Some of his academic memberships and honors include Dean’s list, 1986, 1987; Moot Court Board, 1984, 1985; member of Delta Theta Phi law fraternity.

Since graduating from St. Thomas University in 1987, Jeff began working for Vernis & Bowling, in the Fort Lauderdale, Florida office, handling general insurance defense matters. In 1988, he began working in the Palm Beach County office, located in North Palm Beach, Florida, and became managing attorney in 1990.

Jeff specializes in civil trial and appellate practice and is Board Certified in Civil Trial Law by the Florida Bar Board of Specialization. Certification is the highest level of recognition by the Florida Bar of the competency and experience of attorneys. Jeff is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, which identifies attorneys with preeminent legal ability and is a reflection of expertise, experience, integrity and overall professional excellence. He is recognized in Martindale-Hubbell’s Bar Registry of Preeminent Lawyers in America. Jeff has also been selected as one of Florida’s Legal Elite by Florida Trend Magazine and one of Florida’s Super Lawyers by Super Lawyer Magazine. He has also been named one of Florida’s Leading Lawyers by the South Florida Business Journal. Jeff has been listed as one of Florida’s Top Lawyers by the South Florida Legal Guide and named one of Florida’s Power Leaders in Law by South Florida Business Journal.

Jeff’s areas of practice are insurance defense, commercial litigation and employment related practices (including trial and appellate practice). His experience includes the handling of lawsuits involving assault and battery, automobile liability, negligent hiring, supervision and retention, premises liability, negligent security, sexual assault, garage liability, construction and construction defect litigation, automobile dealership liability, consumer law, public law, including State, County and municipality, malicious prosecution/false arrest, product liability, coverage disputes, wrongful death, environmental law, employment related practices including sexual harassment, wrongful discharge and Americans with Disabilities Act, homeowner’s association law, professional malpractice liability, constitutional law, and subrogation.

Jeff’s experience in handling matters in these areas of practice includes the handling of catastrophic injury cases, complex litigation matters, multiple party actions and high profile cases. He has handled extremely high profile matters including Morelock v. William Lane (wrongful death), Kraus v. Smith & Co. (wrongful death), Saccone v. State of Florida Department of Children and Families, (wrongful death of a child), Garcia-Bengochea v. State of Florida Department of Children and Families (wrongful adoption), John Daly v. PGA (personal injury/negligent security) and national class action litigation and multi-federal district class action litigation before the Multi-District Litigation Panel in Washington D.C. Further, this experience has led to Jeff being a speaker at numerous seminars and insurance industry conventions throughout the country including the National Risk and Insurance Management Society annual convention, National Restaurant Association Conference, the Florida Retail Federation annual conference, the Council on Litigation Management’s Annual Conference, the Florida RIMS convention, the National Society of Professional Insurance Investigators’ (NSPII) annual conference and many other national conferences. Jeff has also been a speaker at numerous in-house seminars for insurance companies and self- insureds throughout the United States. He is a regular speaker for the Florida Bar, the CEU Institute and the Council for Litigation Management.

Jeff is admitted to practice before the United States Supreme Court, the Florida Supreme Court (includes all Florida State courts) and the U.S. District Courts for the Southern and Middle Districts of Florida (trial bar). In addition, Jeff is a member of the Defense Research Institute (DRI), the National Restaurant Association, and the Council for Litigation Management (CLM). Jeff also is a charter/founding member of the National Retail and Restaurant Defense Association (NRRDA) and currently serves as its General Counsel.

Jeff has an outstanding trial and appellate record and will provide details upon request. He has successfully handled numerous appeals in Florida. Among others, Jeff was lead counsel of record for the appellate matters of Kimmins Recycling, Inc. v. Rogers, 704 So2d 600 (4th DCA 1997) (tort threshold requirements); Stuart Lincoln Mercury v. Wisk, 25 F.L.W. D 578 (Fla. 4th DCA 2000)(attorney’s fees); Janashpa, Inc. v. Seitter, (Fla. 4th DCA 1999) (new trial); Brownell v. Florida Department of Corrections, (Fla. 1st DCA 1998)(compensable injury); Armstrong v. Wal-Mart Stores, Inc., (Fla. 4th DCA)(new trial, UM), Richards v. Luxury Imports, Inc., (Fla. 4th DCA 2005) (Fraud/Deceptive Trade Practices), Samuels v. Luxury Imports, Inc., (Fla. 4th DCA 2005) (Deceptive Trade Practices/new trial) and Verdino v. Pete’s Café, (Fla. 4th DCA 2005) (Liquor Liability), Green v. Luxury Imports, Inc., (Fla. 4th DCA 2006) (Deceptive Trade Practices/fraud/class-action), Rosenfeld v. Seltzer, (Fla. 4th DCA 2008) (trial evidence and jury instructions), Petit-Dos v. School Board of Broward County, (Fla. 4th DCA 2009) (Fabre defense/intentional tort/comparative negligence) and Cardany v. Lowes, Fla. (4th DCA 2009) (trial evidence/new trial).

Jeff is also actively involved in community organizations. He serves as President of the Board of Directors of Jeff Industries, Inc., which offers unique and innovative programs, education and training for troubled children and the mentally ill in Palm Beach County.

Jeff’s outside interests include tennis, boating, scuba diving, traveling and martial arts (aikido and iaido). Mr. Vernis holds the rank of sixth degree black belt and a teaching certification (Shidoin) in the Japanese martial art of Aikido, awarded by the Aikido Foundation (Aikido World Headquarters in Japan) and the United States Aikido Federation.

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