Issue 10: July 2024

ICYMI - all the news from the past month!

I. Need to Know: Articles and Publications

Tampa Associate, Tiffany Fearing , recently published an article in USLAW NETWORK, Inc. Magazine entitled, "Browsewrap v. Clickwrap: How Enforceable Are Your Terms of Service?"

Find the article and the complete digital issue here: https://lnkd.in/gqRij_DD

II. Protecting Your Interests: Verdicts, Dismissals, and Judgments

Defense Verdict: Orange County, Florida (Trucking Negligence)

Tampa Partners, Mike Reed and Chris Cazin , and Tampa Associates, Sara J. Thompson and Jocelyn Nance, Esq. obtained a defense verdict in a trucking negligence case in Orange County, Florida.

This case arose from a trucking accident that occurred on July 28, 2015. Our defendant driver was stopped in front of a car dealership in Orlando, driving a tractor trailer loaded with vehicles for delivery. Plaintiff was the passenger in a car stopped directly behind our vehicle. While backing up in an attempt to maneuver into the dealership, one of the vehicles on the tractor trailer impacted the Plaintiff’s vehicle.

Our driver was issued a citation for improper backing. Despite evidence that showed the only damage to both vehicles were minor scrapes, Plaintiff claimed that the tractor-trailer pushed his vehicle back 30 feet and caused major damage to his vehicle. Plaintiff further claimed widespread disk herniations in his neck and lower back, necessitating two surgeries, and over $275k in past medical bills and $800k in future medical expenses and treatment.

Throughout seven years of litigation, multiple good faith attempts to settle the case were rejected. Plaintiff’s counsel asked the jury for $4 million in closing arguments, but the jury found no negligence on the part of our driver that caused injury and returned a complete defense verdict in under two hours.

Favorable Verdict: Miami-Dade County, Florida (Auto Negligence)

Miami Partner, Jaime Baca and Associate, Lester Rodriguez, Esq. obtained a favorable verdict in an auto negligence case in Miami-Dade County.

This was an admitted liability case in which the Plaintiff was a passenger of a car that collided with our defendant driver at low speed. She claimed a rotator cuff and labral tear as well as bulging discs in the neck, for which she underwent surgery to her shoulder and multiple injections.

Plaintiff was a Registered Nurse, and her counsel leaned heavily on sympathy in their arguments. The defense of the case was further complicated by the striking of our radiology expert, who was deemed cumulative in combination with an orthopedic expert who performed an IME. Despite these challenges, the jury returned a verdict awarding the amount of Plaintiff’s ER bill only. After set-offs, the award will be reduced to zero. Due to the rejection of a Proposal for Settlement, our client will be entitled to seek fees and costs.

Summary Judgment: Pinellas County, Florida (Medical Malpractice)

Tampa Partner, Nichole Koford and Associate, Tiffany Fearing recently obtained summary judgment in a medical malpractice case in Pinellas County, Florida.

We represented a trauma surgeon and his practice in this case, that arose from Plaintiff’s presentation to the hospital after a bicycle accident. Upon arrival to the ER, the trauma surgeon ordered multiple CT scans, including one for Plaintiff’s cervical spine. Although Plaintiff initially complained of numbness and tingling to his lower extremities and an inability to move his lower extremities, records demonstrated that during the progression of his ER presentation, Plaintiff was able to move all of his extremities, bear weight, and withdraw from pain. None of the objective assessments, including the CT scan of his cervical spine, showed any signs of an acute spinal cord injury. As a result, the trauma surgeon discharged the Plaintiff home with instructions to follow up if his symptoms worsened. Plaintiff never returned. Instead, eleven days later he walked into a different hospital reporting neck pain along with numbness and weakness of his lower extremities. An MRI at the second hospital demonstrated an acute spinal injury and Plaintiff underwent spinal surgery.

Plaintiff filed suit against our client, alleging that the surgeon’s discharge of Plaintiff constituted a reckless disregard for the Plaintiff’s care and treatment and caused him to undergo spinal surgery that resulted in injuries including an inability to walk independently.

During the course of the litigation, Plaintiff’s trauma surgery expert opined at deposition that our client did not act with reckless disregard or cause the injuries Plaintiff complained of. As a result, Plaintiff filed an Affidavit of an Emergency Medicine physician expert but this expert’s opinions were stricken by the Court because he was not in the same specialty as our Defendant.

This case was in litigation for over six years, and during that time several good faith efforts to settle were rejected. As such, we moved for summary judgment, citing Plaintiff’s failure to provide any admissible expert opinions that showed our client breached the standard of care. The Court agreed, and summary judgment was granted.

Favorable Verdict: Broward County, Florida (Auto Negligence)

Fort Lauderdale Partners, Robert Paradela and William Peters obtained a favorable verdict in an auto negligence trial in Broward County, Florida.

We represented the defendant carrier in this admitted liability underinsured motorist case regarding a rear-end accident on I-95.

Plaintiffs claimed injuries to their neck and back, and also claimed surgeries to their shoulder and knee as a result of the accident. The soft tissue injuries were not disputed, but the medical records showed significant gaps in treatment. Defendant argued that these gaps demonstrated that Plaintiffs’ claimed injuries had completely resolved within six months of the accident and that the medical care costs were grossly inflated.

After five days of trial, Plaintiffs’ counsel asked the jury for $770,000. The jury ultimately found that both Plaintiffs suffered injuries but awarded nominal damages for pain and suffering and discounted the past medicals by over $50,000 as to each Plaintiff. The final award to each Plaintiff was below the policy limits.

Summary Judgment: Polk County, Florida (Workplace Injury)

Tampa Associate, Sonny Romano and Partner, Chris Cazin recently obtained a summary judgment in a workplace injury case in Polk County, Florida.

We represented a logistics and warehousing corporation in this claim brought by the Plaintiff, its employee, following a clamp lift truck collision which caused a catastrophic injury and leg amputation.

Plaintiff and his spouse filed their lawsuit in 2019. From the beginning of the case, we argued that our client was immune from tort liability under Florida Statutes section 440.11 because Plaintiffs could not demonstrate that our client committed an intentional tort under Section 440.11(b). Specifically, we argued that Plaintiffs could not show that our client engaged in conduct it knew was “virtually certain” to result in an injury or that the Plaintiff, as an employee, was unaware of the risk of danger because it was hidden.

We filed a Motion for Summary Judgment and argued that Plaintiffs could not prove the necessary elements under Section 440.11(b) to overcome our client’s immunity. The Court agreed and granted our Motion, disposing of a case nearly five-years-old. Additionally, Plaintiffs rejected proposals for settlement allowing our client to pursue both attorneys’ fees and costs.

Summary Judgment: Volusia County, Florida (Premises Liability)

Orlando Partner, Patrick Mixson and Associate, Jacqueline Bourdon recently obtained summary judgment for Publix Super Markets in a premises liability case in Volusia County, Florida.

The Plaintiff claimed that she slipped and fell in the produce department of a Publix store.?She alleged that she sustained injuries to her knee, requiring arthroscopic surgery, and lower back, attributing approximately $200,000 of medical bills to the incident.

Though the Plaintiff testified in her deposition that she believed she slipped on brown, slimy lettuce, the Court found that her testimony was inconsistent with the store camera video and that there was no evidence that the Plaintiff actually slipped on a transitory foreign substance.?The Court granted summary judgment in Publix’s favor.?As a result, Publix will be entitled to recovery of attorney’s fees and costs, in light of a previous Proposal for Settlement.

Ruling Affirmed: Florida Third District Court of Appeal (Foreign Judgment Domestication Proceeding)

Fort Lauderdale Partner, Jordan Cohen and Tampa Partner, Ethan Arthur, recently prevailed in a contested foreign judgment domestication proceeding that was heard by the Florida Third District Court of Appeal.

We represented Dantzler Inc,. f/k/a Dantzler Lumber and Export Co, a Miami based distributor of lumber and logistics provider. This case has its roots in a shipment of lumber that was delivered to the wrong port in Mexico in 2001. Plaintiffs side litigation against the shipper was previously successfully resolved. In the interim, the lumber supplier, FV de Araujo, filed a collection action against Dantzler in Brazil. Dantzler’s registered agent failed to respond and an adverse Order was entered in Brazil in 2004.

Seventeen years later, FV de Araujo sought to enforce that Order as a Judgment against Dantzler in Florida pursuant to Florida's Uniform Out-of-Country Foreign Money-Judgment Recognition Act. By this date, the Brazilian award had ballooned to R$2.5 million BRL ($622,217.29 USD). Multiple hearings were held in the trial court as to whether the Order was a “Final Judgment” under the Act and/or whether it could be enforced in comity. The trial court dismissed the Complaint with prejudice and FV de Araujo filed an appeal.

Following oral argument, the Third District Court of Appeal affirmed the dismissal on all grounds. This opinion represents the most fulsome analysis of Florida’s Act, with possible broad application across all sister states that have adopted similar Recognition Acts.

III. We Are Wicker: Announcements, Recognition, and Honors

Wicker Smith Partner, David Wynne, Now Offering Mediation Services

Wicker Smith is pleased to announce that Tampa Partner, David Wynne , is now a Florida Supreme Court Certified Circuit Civil Mediator. David's clients have always appreciated his creative problem solving and his ability to bring parties together to resolve a case, and he is excited to bring those same skills to his professional mediation practice. David is available to mediate commercial litigation, general liability, and personal injury matters throughout the State of Florida. For inquiries or to schedule, email David directly at [email protected].

Associate Profile: Selavi Grimes, Orlando

Each month, we highlight one of the outstanding associates throughout the firm who contribute their talents and skills to our mission. This month, we are pleased to introduce you to Selavi Grimes of Orlando.

Selavi is a graduate of Florida State University and Florida Coastal School of Law. She joined Wicker Smith in 2021, coming from another well-known defense firm in Orlando, and has been an invaluable member of the team ever since. She works primarily on transportation and trucking matters, as well as general liability and premises liability claims for retail and hospitality clients.

According to Orlando partner Kurt Spengler , with whom Selavi works most closely, “We are very fortunate to have Selavi as an attorney here. She has taken on a major role in the representation and growth?of one of the firm’s larger clients, not only by doing excellent work on her own files, but also by coordinating the representation of this client by our other offices as well. The client has complete confidence in her.?Selavi has a great understanding of what needs to be done to get a case ready for trial or settlement. She is the?consummate team player.”

Selavi is well-liked throughout the office. Firm managing partner Richards Ford calls her a self-starter, praising her ability to independently handle difficult cases and her great attitude. In addition to managing her own busy workload, Selavi always makes time to answer questions, take younger lawyers to lunch, and serve as a mentor to anyone who asks for her help.

We are thrilled to have Selavi on the team in Orlando, and incredibly proud of her and all the other bright young lawyers like her who are leading our firm into the future!

Why Wicker?

Jamie Lee Hardt is a paralegal in our Naples office and has been with the firm since September 2020. She works in our premises liability and first-party property practice groups, assisting partners Brandon Nichols and Julie Campbell. Outside of work, Jamie is in active member of her community. She enjoys spending time at the gorgeous beaches in the area, working out, and spending time with her family. We are happy to have you on board, Jamie. Thanks for choosing Wicker Smith!

Join our team in 2024! Check out all our current job postings at www.wickersmith.com/contact/careers

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