Defending Your Future

Issue 4: January 2024

ICYMI - all the news from the past month!

I. Protecting Your Interests: Verdicts, Dismissals and Judgments

Defense Verdict: Orange County, FL (Medical Malpractice)

Orlando Partners, Richards Ford and Taylor McLeod, and Orlando Associate, Kimber Wittman, obtained a defense verdict in a medical malpractice case in Orange County, Florida.?We represented the hospital in the matter, which involved a stillbirth at 37 weeks. The co-defendant OB/GYNs and their group settled out the weekend before trial started, leaving our client as the only remaining defendant.?Plaintiff’s counsel focused heavily on sympathy, and asked the jury for $20 million in closing. Despite these challenges, the jury deliberated for a little over two hours before returning a complete defense verdict in favor of the hospital.

Defense Verdict: Hillsborough County, FL (Automobile Negligence)

Tampa Partner, Mike Reed, and Associate, Sonny Romano, obtained a favorable verdict in an auto negligence case in Hillsborough County, Florida.?This was a rear-end accident in which the Plaintiff claimed injuries to her neck and back. She underwent injections, radiofrequency ablations, and had a lumbar spine surgery recommendation. Her past medical bills were in excess of $85,000, and her recommended future medical care was estimated at more than $200,000.?After a five day trial, Plaintiff’s counsel asked the jury for over $6,000,000. The jury returned a verdict of $5,000 for past medical bills but found no permanency and awarded nothing for pain and suffering.?Post-trial, a Final Judgment was entered in which the Plaintiff’s verdict was reduced to zero.

Ruling Affirmed: Florida Third District Court of Appeal (Medical Malpractice)

Miami Partner, Jessica Gross, prevailed in an appellate matter before the Florida Third District Court of Appeal. The underlying case, handled by Jack McCoy, Leslie McCormick, and Jessica Gross, was a medical malpractice matter wherein the Plaintiff suffered a stroke nine days after her one-time visit to our client’s otolaryngology clinic. The Plaintiff alleged the stroke was caused by a failure to refer her to the emergency room in response to a hypertensive blood pressure reading at the ENT clinic. Our team moved to strike the opinions of the Plaintiff’s causation expert as unreliable under Daubert. The trial court agreed with our position, struck the causation expert, and entered summary judgment in favor of the Defendants. The Plaintiff appealed the order striking her expert and entering summary judgment in favor of the Defendants. After oral argument, the Third DCA entered a written opinion affirming the decision of the trial court. The Third DCA found the trial court acted within its discretion in striking the expert whose opinion failed to consider the patient’s long medical history of hypertension.

Ruling Affirmed: Florida Third District Court of Appeal (Probate)

Miami Partner, Jessica Gross, and Miami Associate, Nina Batista, recently prevailed in an appellate matter before the Florida Third District Court of Appeal. The underlying case was a probate matter wherein the Appellant failed to perform her obligations as a personal representative and trustee of her father’s estate and trust. The Appellee moved for summary judgment based on the Appellant’s breach of fiduciary duty, breach of trust, and maladministration of assets. The trial court agreed, granted summary judgment, removed the Appellant as personal representative/trustee, and determined the Appellant was individually liable for damages. The Appellant appealed the decision of the trial court. The Third DCA affirmed the summary judgment order in an 11-page opinion.

Defense Verdict: St. Johns County, FL (Professional Negligence)

Jacksonville Partners, Rick Ramsey and Charlene Poblete, recently obtained a defense verdict in a professional negligence case in St. Augustine, Florida. We represented a home inspection company in the matter. Plaintiff alleged that our client submitted negligently prepared inspection reports on her home, and further alleged that our client breached a contract with Plaintiff’s mortgage company to perform quality inspections. Plaintiff claimed she was a third-party beneficiary of the allegedly breached contract, and also claimed that our client was negligent in its inspection reporting. Plaintiff sought $650,000 in total damages for both claims. A good faith effort to settle the matter was attempted, but the plaintiff refused to negotiate, and the case was tried in St. Johns County at the end of December. After two hours of deliberation, the jury returned a complete defense verdict in our client’s favor. Due to the rejection of a Proposal for Settlement, our client is entitled to seek fees and costs.

II. We Are Wicker: Announcements, Recognition and Honors

Wicker Smith Selected to USLAW NETWORK, Inc., Founding Partners Program

Wicker Smith is proud to be a member of USLAW NETWORK, Inc. and a contributor to the USLAW NETWORK Foundation, which administers the organization’s scholarship initiatives.?Orlando Partner, Mike Tyson, serves as the Diversity Council Representative on the USLAW Board of Directors. In October 2023, he presented Diversity Scholarship awards to several recipients at the annual Client Conference meeting in Dana Point, California.?Now, we are honored to announce that we have been selected to join the esteemed Founding Partners program within USLAW NETWORK. This collaboration holds immense potential in expanding the impact of USLAW’s scholarship initiatives and providing enhanced opportunities for deserving students from diverse backgrounds and those who demonstrate a genuine commitment to diversity and social justice in their communities.?Wicker Smith has always been dedicated to diversity, equity and inclusion, and we are excited to continue this work in 2024 and beyond.?To read more about the Founding Partners program, go to: https://lnkd.in/emcyuJtQ

Goodbye and Good Luck: Happy Retirement to Denny O'Hara and Jack McCoy

As 2023 draws to a close, Wicker Smith bids goodbye and good luck to two pillars of the firm, Dennis M. “Denny” O’Hara, and Jackson F. “Jack” McCoy, as they embark on their next great adventure, retirement. Both men joined the firm in the early 1970’s. Jack pursued a career defending complex litigation and medical malpractice cases, while Denny focused on representing the aviation industry, complex litigation and some of our largest corporate clients. They advocated tirelessly on behalf of their clients for nearly 50 years, and secured countless favorable case outcomes and results. First and foremost, Jack and Denny were both trial lawyers. Their skills in the courtroom attracted clients that created the bedrock of the growth and success that followed. These skills and the focus on ethical treatment of clients, colleagues and adversaries created an environment for growth and success that we continue to enjoy today. For nearly 50 years, Jack and Denny have shared their brilliance, determination, leadership, and grit with us. Their vision helped to grow the firm from the original office in Coral Gables, to sixteen offices in four states; from just a handful of lawyers, to over 250 of them. Jack and Denny’s legacy is immeasurable. Each of them mentored and tutored countless other partners throughout the firm, generously sharing their wisdom and knowledge for decades. The next several generations of outstanding trial lawyers developed at Wicker Smith will have Jack and Denny to thank. We will certainly miss their day to day presence around the office, but their influence lives on forever. We wish them all the best in their retirement, and thank them for the lasting contributions they have made to our future success.

Congratulations to Our Newly Elected Shareholders and Partners!

Wicker Smith is pleased to announce the following partnership changes, effective January 1, 2024:

Shareholders

?? Krista Cammack, Orlando?? Jason Hull, Tampa ?? Nichole Koford, Tampa ?? Brandon Nichols, Naples?? Jessica Prince, Pensacola?? Alyssa Reiter, Fort Lauderdale ?? Taira H. Towne, J.D., M.B.A., Orlando

Partners

?? Chris Brown, Jacksonville ?? Danielle Carlsen Favata, Esq., Fort Lauderdale ?? Kate Zucco Gaset, Tampa ?? Kelley Godfrey, Orlando ?? Ryan Hestbeck, Orlando ?? Elyse Malouf, Miami ?? Christopher Palomo, Miami ?? Brittany A. Perez, Esq., Naples ?? Daniel Piscottano, Miami ?? Jaclyn Rozental, Naples ?? Joy Zubkin, Orlando

We could not be more proud of these outstanding attorneys, and we look forward to many more years of success together. To read more, go to: https://lnkd.in/eMEPyeHh

That's a Wrap on 2023!

We are so grateful for our fantastic team and our loyal clients who make our success possible. We will be here when you need us in 2024.

Join our team in 2024! Wicker Smith is currently accepting applications for associate attorneys in all offices, and legal accounting specialists in our Palmetto Bay, Florida, office. Interested parties should submit their cover letter and resume to Allyson Adams , Director of HR, at [email protected]

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