2017 Year in Review/Verdict Alert

As we enter 2018, we would like to extend our sincere appreciation to you for allowing Vernis & Bowling the opportunity to be your strategic partner. Below, please find our recent verdicts along with some highlights from 2017. Best wishes for a prosperous New Year!

Recent Verdicts and Summary Dispositions

• Scott Black and Matthew Francis (Florida Keys) (Auto Liability) obtained a defense verdict after a three week jury trial against Progressive insureds in Monroe County, Florida. Plaintiff, a 19 year old local female, sought $37 million dollars in damages as the result of being struck by two Progressive insureds while crossing US-1 at night in the Florida Keys.

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• William Gula, Kory Watson and Ken Amos (St. Petersburg, FL) (Premises Liability) secured a defense verdict for the largest Pizza Hut franchisee in the world, NPC International, Inc., from a Pasco County, Florida jury. Plaintiff, Benjamin Press, represented by Chase Florin, Esq. and Luca Esposito, Esq. of Florida Roebig, claimed NPC was negligent in failing to maintain and/or warn of a dangerous condition involving a door closer in the front entry way to the restaurant.

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• Dirk M. Smits and Scott C. Black (Florida Keys) (Government/Education – Title IX) won summary judgment on behalf of The School Board of Monroe County, Florida in Federal District Court in the Southern District of Florida. This high-profile claim was reported and followed in local newspapers, concerned allegations by a former elementary school student that school officials did not adequately respond to her complaints that she was being sexually harassed by another student.

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• Jeffrey Kerley (St. Petersburg, FL) (Workers’ Compensation) prevailed in defending a workers’ compensation case before Judge Rosen. The case involved a request for psychiatric care, pain management care, an MRI and payment of attorney’s fees and costs. The case was defended on the grounds that the requested treatment was not medically necessary. The case went to an Orthopedic EMA who rendered an opinion favorable to the defense but despite the favorable opinion the claimant decided to take the matter to hearing. The claimant attempted to argue that she was entitled to two IMEs. That request was previously denied by Judge Rosen and the claimant appealed to the 1st DCA resulting in a PCA opinion.

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• John McClurkin (Mobile, AL) (Personal Injury) successfully defended a week-long jury trial in the case of Caplan v. Fleet, pending in Montgomery County, AL Circuit Court. This was a personal injury case with allegations of negligence, wantonness, and trespass, whereby the Plaintiff claimed that the Defendants’ wrongful actions caused her to suffer injuries including a heart attack.

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• Ken Amos and William Gula (St. Petersburg, FL) (Auto) obtained its second zero verdict in two months in a rear-end collision auto accident. The four day trial was held in Tampa, Hillsborough County before judge Herbert Baumann, Jr. It took the jury one hour to deliberate before returning a zero verdict in favor of a GEICO insured who was accused failing to maintain a safe distance between the Plaintiff’s vehicle and his vehicle, causing a rear-end collision.

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• R. Gregory Lewis (Charlotte, NC) (Automobile Liability) Lisa Rice v. Thomas Rosebrough, Buncombe County, Asheville, NC. Judge Mark Powell, Superior Court Judge presiding.

  Plaintiff alleged special damages of $20,110 in medical expenses, $5,678.64, plus pain and suffering associated with a shoulder injury requiring surgical arthroscopic debridement and sub-acromial decompression. Top pre-trial offer was $40,000.00. Lowest demand was a combined $50,000.00.

  Verdict: $36,000.00

• Maloree McDonough (Birmingham, AL) (Workers’ Compensation) obtained Summary Judgment on behalf of One Beacon Insurance. Plaintiff was an owner-operator who sued the common carrier, Southeast Logistics, Inc., for which he drove his truck for workers’ comp benefits. Plaintiff alleged a severe head injury, so the exposure was a permanent total award. The claim was denied based on the fact that the Plaintiff was an independent contractor and not an employee of the common carrier.

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• Ken Amos and William Gula (St. Petersburg, FL) (Fraud) defended a Tampa, Florida Chick-fil-A restaurant in a case where a Plaintiff was found to have committed fraud upon the court. The Plaintiff filed suit on October 1, 2013, alleging negligence against the restaurant.

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• Matthew Bernstein (Deland/Central FL) (Condo D&O) Our client, a condominium association, was sued in Osceola County by a LLC that allegedly provided maintenance and marketing services to the association pursuant to an implied or oral contract. The Plaintiff asserted four causes of action against the association (civil theft, breach of an implied or oral contract, intentional interference with a business relationship, and conversion).

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• Michael Barratt (Birmingham, AL) (Workers’ Compensation) obtained summary judgment in a workers’ compensation death case in Talladega County. The case involved an employee who died in a MVA while traveling home from work. The Court ruled that the death did not arise out of and in the course of the employment and found in favor of the Employer.

• Traci Teer (Atlanta, GA) (Workers’ Compensation) successfully defended an “all issues” Georgia workers’ compensation case. In Toler v. Brunswick Memorial Park, the Claimant worked as a part-time office manager at a funeral home. On June 29, 2016, she slipped and fell while turning a corner to go to the restroom. She sustained multiple injuries and was transported to a nearby hospital for treatment. Significantly, she admitted to not knowing what caused her fall, although she said that water from a nearby fountain occasionally collected on the floor. The claim was denied by the insurer as non-compensable pursuant to O.C.G.A. 34-9-1.

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• Len Hackett (Jacksonville, FL) (Employment) won summary judgment on behalf of three individually-named employees of the Department of Business and Professional Regulation in Duval County, Florida. Summary judgment was granted based on sovereign immunity for the employees’ acts taken within the course and scope of employment.

• Candace Padgett (Jacksonville, FL) (Employment) has successfully defended several appeals and secured two dismissals.

• Matthew Bernstein (Deland/Central FL) (Property) The Plaintiff (a collection company that had purchased a mold assessment company’s assignment of benefits in exchange for a second-tier assignment) sued our client, American Integrity, in Seminole County for breach of contract due to American Integrity’s alleged failure to pay the mold assessment company’s invoice.

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• The Workers’ Compensation team in the firm’s Jacksonville, FL office successfully drafted an appellate brief to the First DCA arguing that our client was not responsible for the employee’s claims seeking medical treatment of seizures related to an alleged lighting strike at his workplace. At the OJCC and appellate level, all claims for treatment, temporary indemnity benefits, and payment for past medical care were denied. We are now seeking to recover our client’s costs in defending the litigation.

2017 Firm Highlights

• G. Jeffrey Vernis and Robert C. Bowling, Managing Partners, were selected to the South Florida Business Journal’s 2017 Power Leaders in Law.
• G. Jeffrey Vernis and Robert C. Bowling, Managing Partners, were both selected as a ‘Top Lawyers–Insurance Litigation Defense’ by South Florida Legal Guide, January 2017 edition.
• Theron Simmons (Miami, FL) has obtained his Florida Bar Board Certification in City, County and Local Government Law. This prestigious certification is the highest level of evaluation by the Florida Bar of competency and experience within this area of law, along with professionalism and ethics in practice.
• Carol Greco, paralegal in the Islamorada/FL Keys office, was the recipient of the United Way’s 2017 Unsung Hero Award. Carol was recognized for her dedication to serving the community and her countless volunteer hours.
• Deborah Martin (Palm Beach, FL) was recognized by the Florida Insurance Fraud Task Force for her service, dedication and leadership.
• Christopher Blain (Tampa, FL) was accepted by the National Board of Trial Advocacy (NBTA) as a Board Certified Civil Trial Attorney. The NBTA has been recognized by the Supreme Court of the United States as having merit in recognizing expertise in lawyers.
• Nicole Ramos-Barrera (Hollywood, FL) was selected to the Florida Bar Leadership Academy. The goal of the program is to assist a diverse and inclusive group of lawyers in becoming better leaders within the profession, in their chosen path, while enhancing their leadership skills. The participants, lawyers from across the state who are selected through an open application process, will commence on a year-long series of training opportunities, legal events and educational programs.
• William Saintilus (Miami, FL) was nominated to The National Black Lawyers – Top 40 Under 40 Directory. Members of The National Black Lawyers exemplify superior qualifications of leadership, reputation, influence and performance in their area of legal practice. This exclusive organization provides superior networking opportunities, continuing legal education and the highest quality advocacy training for lawyers across the nation.