Nov
8
Court overturns Ford Explorer verdict
Filed Under Torts, Product Liability, Miami-Dade | Leave a Comment
Ford Motor Co. scored a victory Wednesday when the 3rd District Court of Appeal threw out a $60 million jury verdict, citing an error by Miami-Dade Circuit Judge Roberto Pineiro, according to a story on Law.com.
Pineiro should not have allowed testimony alluding to previous rollover accidents during the trial over a fatal crash involving a Ford Explorer, the story said. Lance Crossman Hall, 17, was killed during a 1997 accident when he was thrown out of his vehicle after it rolled over four times.
The appeals panel set aside the jury’s verdict and remanded the case for a new trial.
Pineiro “never inquired into the general characteristics of the other accidents,” [Judge Angel A. Cortiñas]wrote. “Here, throughout the trial, numerous references were made to other cases without laying a foundation for substantial similarity.”
Plantation attorney Richard M. Mogerman, who represents Hall’s father, told Law.com: “Everybody always likes the opportunity to do something a little better the second time around, but this is a little disappointing.”
More on the case, including a link to the DCA opinion, at South Florida Lawyers.
Nov
5
Family of dead ATV rider gets $3.6 million
Filed Under Torts, Palm Beach | Leave a Comment
The family of a 13-year-old girl who was killed while riding on the back of an ATV won a $3.6 million jury verdict on Friday, according to a story in the Sun-Sentinel.
Paul Jacobs, the attorney who represented the parents of Sara Hennarichs, said the owners of the ATV knew that the warning stickers and manual stated that riders should be at least 16, the story said.
“They chose to ignore those warnings,” he said. “As a result of their ignoring warnings … Sara was allowed to take a joy ride and she had no idea what she was doing.”
Additional coverage is in The Palm Beach Post.
Nov
2
Walgreen’s files motion for new trial
Filed Under Torts, Palm Beach, Miami-Dade | 1 Comment
We head back to Central Florida two days in a row to mention another news item in The Ledger of Lakeland. This one involves the case of Beth Hippely, a Mulberry woman who died after she was given the wrong dosage of medication from Walgreens, according to The Ledger.
Walgreens has asked the judge to either lower the $25 million jury verdict or give the company a new trial. Walgreen’s appellate attorney is Dinah Stein (left) of the Miami firm Hicks & Kneale. Plaintiff’s attorney is Christian Searcy of West Palm Beach’s Searcy Denney Scarola Barnhart & Shipley.
[Update: Here’s another Walgreen’s prescription foul-up involving a Jacksonville man in USA Today]
Nov
1
Brain-damaged boy awarded $50 million
Filed Under Torts, Miami-Dade | Leave a Comment
A Lakeland family, represented by the Miami law firm Neufield, Kleinberg & Pinkiert, won a $50 million jury award Wednesday against the drunken driver who crashed into the family’s car in a 2004 accident, according to a story in The Ledger.
The crash left then 4-year-old Mario Ladler II with severe brain damage. He will require a 24-hour caretaker the rest of his life, according to testimony. A doctor testified that the most of the boy’s frontal lobes, which control his judgment and reason, were removed. The award against Michael Yow is believed to be the largest civil jury award in Polk County history.
David Kleinberg (left), the family’s attorney, said that “Without round-the-clock care, (Mario) is a danger to himself and others.” Yow was insured by Geico at the time of the accident, though that is also a subject of separate litigation, according to the story.
Nov
1
Suit blames Delray man; he blames God
Filed Under Torts, Palm Beach | Leave a Comment
A fatal ATV crash that killed a 13-year-old girl was an act of God, according to the man being sued by the girl’s parents.
Roger Fina testified that neither he, his wife, or son could be blamed in the accident, according to a story in The Palm Beach Post.
“You guys are making it like we killed someone and that’s not fair,” Fina said under questioning from attorney Richard Rettamar, who is representing the [parents of Sara Hennarichs].
Oct
29
Smokers vs. Big Tobacco: Round II
Filed Under Torts, Product Liability | Leave a Comment
Thousands of Floridians are getting ready to take Big Tobacco back to court, according to a story in The Palm Beach Post.
While the Florida Supreme Court last year threw out a $145 billion jury verdict, it also opened the door for plaintiffs on several issues, writes Post reporter Jane Musgrave. One of the most important things to come out of the ruling was the high court’s decision that plaintiffs don’t have to prove again that smoking causes a long list of health problems.
Barry Mittleberg, a Coral Springs attorney who is representing 7 smokers, told The Post: “It opens a large crack in all of their defenses.”
More on Big Tobacco at The West Palm Beach Injury Lawyer blog, where John Hopkins a paralegal with Searcy Denney et al, says Big Tobacco is in for the fight of its life in Florida.
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