Michelle L. Hendrix - Vernis & Bowling

Michelle L. Hendrix, Esq.
Managing Attorney
Vernis & Bowling of Northwest Florida, P.A. 315 South Palafox Street Pensacola, FL 32502
Phone: (850) 433-5461
Email: MHendrix@Florida-Law.com
Fax: (850) 432-0166
Website: www.national-law.com
V-Card Email LinkedIn
Also Serving: Mobile, AL

Verdicts and Dispositions

Kyong Song v. Charles T. Melburn
Michelle L. Hendrix (Pensacola, FL) (Personal Injury), assisted by legal intern Pamela Dimo, obtained a Defense Verdict after a three-day jury trial that took place in the Circuit Court in and for Okaloosa County, Florida.

Plaintiff, Kyong Song, filed a Complaint against Defendant, Charles T. Melburn, alleging he was negligent, on or about May 2, 2020, by biting off a portion of her female anatomy while performing a consensual sexual act on Plaintiff, Plaintiff’s expert in obstetrics and gynecology testified that Plaintiff had lost this part of her anatomy as a result of the alleged sexual act. Plaintiff’s expert also testified that Plaintiff suffered from lichens sclerosus, which supported the Defense’s case, despite previously testifying in a discovery deposition that Plaintiff did not suffer from this condition. Upon realization that he had unwittingly supported Defendant’s case, Plaintiff’s expert returned as a rebuttal witness to recant his testimony, but then went on to say on cross-examination the second time that Plaintiff “possibly had lichens sclerosus.” Defendant’s expert in obstetrics and gynecology testified that Plaintiff’s injury was not caused by trauma. Defendant’s expert stated the injury was caused by atrophy or a condition in the lichens family which caused that part of the anatomy to fuse over itself.

Plaintiff also presented expert testimony from a psychiatrist. Plaintiff’s expert in psychiatry testified that Plaintiff exhibited PTSD symptoms when seeing dark vehicles, such as the one driven by Defendant, and when near the airport because she had driven Defendant to the airport one time. Plaintiff’s expert then went on to testify that Plaintiff would require, at a minimum, therapy one time per week for ten (10) years at a cost of $150 per session. He first saw her over two years after the incident, and Plaintiff had not received any psychiatric treatment in the three years since the alleged incident.

Plaintiff testified that she lost face in her traditional Korean community as a result of this incident. However, Plaintiff went on to admit during cross-examination that she also lost face in her community by getting two divorces and engaging in pre-marital relations. Plaintiff testified that face could be restored by returning home and praying on a mountain. Defendant testified that he did not commit this egregious act. He also testified that the Plaintiff had a dark car, and at the time of the relationship, he owned two white vehicles.

Plaintiff claimed that, since the alleged incident, she suffered from urinary incontinence, pain, PTSD, the loss of her femininity, and a lifetime of loneliness. Plaintiff had not sought treatment for the loss of her female anatomy or her PTSD. Her attorney requested the jury award her $16,500,000.00, but he told them that the decision was ultimately up to them. The jury returned a Defense Verdict after fourteen (14) minutes of deliberation.
Mitchell v. Childress and Walley Electric Company
Michelle Hendrix and Gregory Harris (Mobile, AL) (Commercial Auto) recently tried the case of Mitchell v. Childress and Walley Electric Company in the Circuit Court of Mobile County, Alabama. Childress was driving a Walley Electric Company vehicle for a personal mission when he ran a red light at 50 mph (five mph over the posted speed limit of 45 mph). Childress admitted to the investigating officer that he ran the red light. During discovery, Childress vehemently denied texting at the time of the accident, even when he was confronted with his phone records that clearly showed him texting in the moments leading up to the accident. Childress also testified untruthfully about the purpose of his mission at the time of the accident – he admitted to a personal mission, but the plaintiff’s attorney was able to easily prove that he was not truthful when he testified that he was delivering clean pants to his son at school because his son had an accident. School had been out for the summer for approximately two weeks before this accident. Plaintiff filed a complaint against Childress and Walley Electric for Negligence and Wantonness alleging that Walley Electric was vicariously liable because the accident occurred while Childress was in the course and scope of employment.

At trial, Childress admitted that he had lied multiple times during his deposition, including when he testified that he ran the red light because the sun was in his eyes (he was heading West at 8:13 a.m.) and that he was on his way back from his son’s school. At trial, Childress admitted to texting when he ran the red light and that he was on his way back to the job site after delivering money to a friend. He told the jury that he lied during his deposition because his boss, Mr. Walley, was present during his deposition, and he did not want to lose his job, as he was the sole provider for his ten-year-old son. Plaintiff’s counsel tried extremely hard to convince the jury that he was lying about delivering the money because he was trying to protect Walley Electric from a finding of liability, but the jury did not agree.

Before trial, the plaintiff refused to accept anything less than $1,000,000 to settle the case. The plaintiff alleged a three month aggravation of a prior low back injury and new injuries to his neck that included a herniated disc and cervical dystonia resulting in severe migraine headaches. The plaintiff’s headaches are being treated with botulinum toxin injections that he can only receive once every three months. He testified that these injections provide him with relief for approximately three to four weeks, and then he suffers from excruciating migraine headaches for the next two months until he can get his next round of injections. The headaches are so severe that he has to go to a dark room and spend hours at a time in a recliner or in bed. The plaintiff is 51 years of age and he has a life expectancy of 30.34 years.

At trial, the plaintiff asked the jury to award approximately $40,000 in past medical expenses, $337,000 in future medical expenses, $110,000 in past pain and suffering, $110,000 in past mental anguish, $1,011,000 in future pain and suffering, $1,011,000 in future mental anguish, and an unknown amount of punitive damages for wantonness for texting and driving. They asked for more than $2,600,000 plus punitive damages.

After deliberating less than three hours, the jury found negligence by Childress only (they determined he was not in the course and scope of his employment with Walley Electric) and no wantonness by either Defendant. They awarded $325,000 in compensatory damages and nothing for punitive damages because there was not a finding of wantonness. This verdict was below the defendants’ last offer before trial.
Morgan Holland v. Joseph Lennon and Jennifer Lennon
Michelle Hendrix and Rebecca Parker (Pensacola, FL) (PIP) obtained a favorable verdict on behalf of Allstate insureds, Joseph Lennon and Jennifer Lennon, litigated against Michles and Booth, a local firm that is “For the Victims.”

The verdict was obtained following a Santa Rosa County jury trial in the case of Morgan Holland v. Joseph Lennon and Jennifer Lennon. Plaintiff had approximately $45,000 in past medical expenses, two treating physicians who testified that she had a permanent injury to her cervical and lumbar spine, and a claim for future pain management estimated at $139,000 – $250,000. The defense was unable to locate any pre-existing injuries.

The defense had a record review only, with no physical examination of the plaintiff, due to issues related to the plaintiff having moved to North Carolina. Plaintiff testified that she enjoyed a pain free life, other than the occasional migraine headache, prior to this accident. As a result of the accident, she was claiming an odontoid fracture and two bulging discs in the lumbar spine.

In closing argument, the defense, knowing that most of the bills would be set-off by PIP payments, conceded that the jury should allow initial medical treatment and a limited amount of treatment following, but nothing related to the past pain management or any future pain management. The jury agreed and awarded just over $15,000 in past medical expenses. The jury also agreed with the defense that the plaintiff did not suffer a permanent injury, and, therefore no other damages were awarded.
Stand-Up MRI of Tallahassee v Allstate (Appeal)
Michelle L. Hendrix (Northwest Florida/Pensacola) (Automobile Liability/PIP) obtained a reversal from the First District Court of Appeal on a motion for summary judgment that was granted in favor of plaintiff, Stand-Up MRI of Tallahassee, and denied against the defendant Allstate.

The parties agreed early in the litigation that the issue presented was purely legal, i.e. whether the language of the Allstate policy gives sufficient notice of its election to limit PIP reimbursements by use of the schedules. The parties agreed to submit competing motions for summary judgment to the District Court arguing their respective positions.

After the District Court’s ruling, the First District Court of Appeal heard oral argument and issued a written opinion on March 18, 2015. Although the trial court found that the language of the Allstate policy was not sufficient to put the insured on notice that Allstate intended to make payments utilizing fee schedules, the First District Court of Appeal disagreed, finding that Allstate’s policy provided adequate notice of its election to use the Medicare fee schedules in _ 627.736(5)(a)2, Florida Statutes.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Civil Litigation
Condominium and Homeowners' Association Litigation
Construction and Construction Defect Litigation
Cyber Security & Data Privacy
Director & Officer Liability (D&O)
Employment Law/Employment Litigation
First and Third Party Property and Casualty Claims
General Liability Defense Litigation
Hurricane Claims
Liability Defense
Medical Malpractice
Negligent Security
Nursing Home Litigation
PIP/Personal Injury Protection Litigation
Premises Liability
SIU/Suspicious & Fraudulent Claims
Uninsured/Underinsured Motorist Liability
Wrongful Death

Bar & Court Admission

Florida Bar
Alabama Bar
Florida Supreme Court (includes all Florida State Courts)
Alabama Supreme Court (includes all Alabama State Courts)
U.S. District Courts for the Northern and Middle Districts of Florida
U.S. District Courts for the Southern and Middle Districts of Alabama
11th Circuit Court Of Appeals

Education

Graduate:
Tulane University School of Law, J.D., 1999
Undergraduate:
University of Southern Mississippi, B.A. Degree in English, 1996

AV Preeminent Peer Review Rated by Martindale-Hubbell

Michelle was born and raised in Quincy, Illinois. In 1996, she graduated, with honors, from the University of Southern Mississippi with a Bachelor of Arts degree in English. She attended Tulane University School of Law and received her Juris Doctor degree in 1999. She began her legal career with the Office of the Public Defender, First Judicial Circuit, in Pensacola, Florida, in 1999, where she practiced until joining Vernis & Bowling in 2001. Michelle was awarded an 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. She is recognized in Martindale-Hubbell’s Bar Registry of Preeminent Lawyers in America. Michelle has also been awarded an AV Preeminent Peer Review Rating by the Judiciary.

Michelle is the Managing Attorney for Vernis & Bowling of Northwest, Florida, P.A. She has over two decades of trial experience and handles a variety of cases, including automobile liability, hurricane, first and third property claims, premises liability (including negligent security and slip and fall), labor and employment, construction defect, director and officer liability, product liability, and wrongful death. Michelle has tried over 50 jury trials in both federal and state court and has conducted countless depositions and argued a wide range of motions. Michelle’s most talked about trial continues to be a lawsuit where she successfully defended Hanes regarding a claim of defective manufacturing of a package of men’s briefs. The plaintiff claimed that the briefs gaped open during normal wear and caused personal injury, ruining his dream Hawaiian vacation.

Michelle is a member of the Florida Bar, the Alabama Bar, and the Escambia/Santa Rosa Bar Association. She is admitted to practice in all Florida and Alabama State Courts, the Northern and Middle Districts of Florida, the Southern and Middle Districts of Alabama, and the 11^th Circuit Court of Appeals.

Outside of the office, Michelle enjoys traveling, boating, scuba diving, and snow skiing with her husband of over 30 years.

Footer