Timothy Kazee - Vernis & Bowling

Timothy Kazee, Esq.
Managing Attorney
Vernis & Bowling of Central Florida, P.A. 1450 S Woodland Blvd, 4th Floor DeLand, FL 32720
Phone: (386) 734-2505
Email: TKazee@Florida-Law.com
Fax: (386) 734-3441
Website: www.national-law.com
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Verdicts and Dispositions

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.
Beasley v. Wells Fargo Bank, N.A. and Lilac Group-Sanford, LLC
Tim Kazee and Matthew Bernstein (Deland, FL) (Appeal) The Plaintiff parked in the drive thru lane of our client, Wells Fargo bank. Plaintiff then walked across the street to a bar. Upon returning to his vehicle, he was shot in the head. Plaintiff survived and filed a premises liability lawsuit in federal court against the bank and the alleged owner of the premises, Lilac-Group Sanford, for negligent security. Ownership and control of the bank parking lot was disputed. First responders found a firearm in Plaintiff’s sweater and drugs near his person. Plaintiff testified he could not remember anything about the night of the incident due to his injuries. On behalf of Wells Fargo, we moved for Summary Judgment on the bases that (1) Plaintiff (a convicted felon) was engaged in the commission of a felony at the time of the incident by possessing a loaded firearm and drugs at the time of the incident; and (2) Plaintiff was an uninvited licensee and the defendants did not breach any such duty owed to him. Plaintiff argued there was no forensic proof the gun or drugs were his (such as fingerprints or DNA) and that he was a public invitee of the premises, for which Wells Fargo owed him a greater duty than that of an uninvited licensee. The district court agreed with Wells Fargo’s arguments and entered Summary Judgment in Wells Fargo’s favor. Plaintiff appealed to the 11^th Circuit Court of Appeals. Vernis & Bowling of Central Florida handled the appeal and the appellate court affirmed the federal trial court’s Summary Judgment in favor of Wells Fargo.
Donna M. Witkowski v. Augustus Minardi
Timothy S. Kazee and Anthony Aguanno (Deland, FL) (Auto Liability) obtained a favorable verdict of $31,555.37. The Plaintiff was injured in a hit and run accident caused by the insured. Liability was admitted, and the Defendant did not attend trial. The Plaintiff underwent cervical fusion and spinal cord stimulator procedures, with consistent treatment spanning four years and medical bills approximating $240,000.00. Futures were projected between $990,000.00 and $1,500,000.00. After Daubert motions (Sean Mahan, MD radiology), immediately before trial, the Plaintiff dropped her claim for TBI and anxiety, causing a major shift in Defense strategy. At closing, Plaintiff asked for $7,234,548.00. The Defense asked for $34,184.04 for services through two neurosurgical consultations and a finding of no permanency. The jury recalculated the expenses to delete additional medical costs, returning a total verdict of $31,555.37. The Defense has multiple applicable proposals for settlement.
NextGen Restoration, Inc. a/a/o Azeemur, Rehman v. Prepared Insurance Company
Timothy S. Kazee (Deland/Central FL) (Property) obtained Summary Judgment on behalf of Prepared Insurance Company against NextGEN Restoration, Inc. As the result of Hurricane Irma and ongoing water intrusion, NextGEN Restoration, with an alleged assignment of benefits, claimed extensive stabilization/mitigation services totaling $232,485.28. NextGEN Restoration argued there was direct physical loss, as evidenced by its expert, its moisture readings, and allegedly incomplete mitigation. It further argued Prepared Insurance invoked its “option to repair”, when it offered to the insured/assignor the mitigation company that performed an allegedly incomplete service. Prepared Insurance argued that, before reaching the issue of direct physical loss, NextGEN Restoration failed to establish standing because there was a severable cause of damage within the AOB, the claimed work was outside the scope of the alleged AOB, and the Plaintiff and Plaintiff’s expert had no competent basis to provide the opinions claimed. After two hearings on the competing motions, the Court granted summary judgment in favor of Prepared Insurance on the issue of standing and reserved on the issue of fees and costs.
Bluegreen Vacations Unlimited, Inc. and Vacation Trust, Inc. v. Kathleen McHugh, et al.
Tim Kazee and Matt Bernstein (DeLand/Central FL) (D & O), in the case of Bluegreen Vacations Unlimited, Inc. and Vacation Trust, Inc. v. Kathleen McHugh, et al., defeated Plaintiffs’ Motion for Preliminary Mandatory Inunction attempting to require Directors of a Timeshare-Condominium Association to hold an Association election.

The primary argument by the Plaintiffs was that the individual Directors were acting ultra vires to unlawfully prevent annual elections and, therefore, injunction was necessary to ensure the next election. In support, the Plaintiffs argued that the individuals allegedly, unlawfully, conspired against the Association’s former management company (the Plaintiffs’ business affiliate) to wrongly terminate the management contract and, relatedly, to wrongly disenfranchise the affiliate corporate Plaintiffs by preventing their ability to vote.

In response, the Defense argued that the Association was a necessary and indispensable party to the litigation because Directors in their individual capacities could not be compelled to conduct or interfere with official Association business, such as an election. The Defense also argued that the Plaintiffs failed to bring the action derivatively, failed to seek statutorily required arbitration, and that any alleged failure of the Association to hold an election was justified temporarily by the former management company’s failure to properly maintain Association records, including a current member roster.

Following an evidentiary hearing, the Court denied the injunction agreeing with the Defense that the Association was a necessary and indispensable party to the litigation,that it appeared the prospect of arbitration was the reason for the Plaintiffs not joining the Association, and that the Plaintiffs did not have a substantial likelihood of prevailing against the Defense.

Areas Of Practice

Appellate Practice
Automobile Liability (PIP/PD/BI/UM)
Civil Litigation
Cyber Security & Data Privacy
Director & Officer Liability (D&O)
First and Third Party Property and Casualty Claims
PIP/Personal Injury Protection Litigation
Premises Liability
SIU/Suspicious & Fraudulent Claims

Bar & Court Admission

Florida Bar
Ohio Bar
U.S. District Court for the Northern District of Ohio

Education

Graduate:
University of Toledo, College of Law, 2002
Undergraduate:
University of Toledo, Political Science, 1999

Timothy S. Kazee was born in Galion, Ohio. He graduated cum laude from the University of Toledo in 1999 with a Bachelor of Arts degree in Political Science. Before graduating college, Timothy completed course work in business and communications through the Walt Disney World College Program, and he went on to serve as his University’s College Program Ambassador. He then completed a Pre-Law Program at Oxford University, England and earned the Program’s highest achievement level.

In 2002, Timothy graduated from the University of Toledo College of Law. During law school, he clerked at a local, litigation law firm and served as an Equal Employment Opportunity Commission Legal Intern with Cedar Point Amusement Park, in Sandusky, Ohio.

Timothy is licensed in Florida and Ohio, and he has legal experience in state appellate and federal courts. While at VERNIS & BOWLING of Central Florida, P.A., Timothy has focused his practice on the areas of personal injury litigation and first party property claims, including auto liability defense, fraud / misrepresentation, premises liability, wind storm and water damage claims, and Personal Injury Protection litigation. In addition to defense litigation, his practice includes representing insurance companies in conducting good faith examinations under oath and preparing coverage opinions. He has defended community associations in claims arising from management and resident disputes and understands the value of working with residents, communities, and their insurers to explore prompt and meaningful dispute solutions.

Timothy has served his community as a municipal court mediator, as an Arbitrator for the Better Business Bureau, and as a University guest lecturer. He has also presented a wide- variety of Continuing Education seminars for insurance companies throughout the state of Florida.

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