Total Award $ Outcome Case Type Subcategory Facts

-$ Defense Med Mal

Failure to Properly

Diagnose and Treat

Critical Blood Clotting

Level

Plaintiff's personal representative sued the USA when the decedent was a

patient at a VA Outpatient Clinic. The decedent underwent routine

international normalized ratio (INR) testing which revealed a critical INR of

7.58. The decedent's physician instructed him not to take his blood

thinner, Coumadin, for 2 days and return for a recheck. The decedent was

found the day before the recheck unresponsive in bathroom bleeding from

numerous orifices and was pronounced dead later that day. The personal

representative claimed that the USA was liable under the Federal Tort

Claims Act.

615,000.00$ Plaintiff UM

Failure to Stop for Red

Light

This case was tried on damages only. The insurance company admitted to

the tortfeasor's negligence. The plaintiff was a fatally injured decedent

when the defendant tortfeasor allegedly ran a red light causing injury. The

plaintiff claimed that the defendant insurance company carrying UM

coverage for decedent had to pay 4 adult daughter-survivors damages due

to loss of their mother (close family relationship). The insurance company

claimed all daughters were self-sustaining adults.

333,500.00$ Plaintiff Med Mal

Negligent

Performance of

Gastrojejunostomy

Decedent plaintiff claimed that the defendant hospital and surgeons

involved in his care negligently performed a gastrojejunostomy, provided

inadequate post-op care, and failed to determine cause of the decedent's

post-op fever (misdiagnosing developing peritonitis as right arm

thrombophlebitis), resulting in wrongful death from peritonitis and

overwhelming sepsis. The defendants maintained that the decedent's

treatment met the standard of care in all respects and that the right arm

thrombophlebitis was properly diagnosed. The defense also claimed that

death was an unavoidable consequence of required surgery.

2,295,500.00$

CN: Plaintiff 20%;

Defendant 80% Premises Liability Accident at Hotel

Judgment reduced to $1,971,000 for CN. A minor decedent died from

drowning in the defendant-owned hotel's pool. The plaintiff claimed that

the defendants were negligent, failed to provide lifeguard/staff trained in

CPR, failed to provide mechanisms to call 911, built kiddie pool too close to

adult/deeper pool and without a gate, and failed to make life vests

available for children. The defendants denied liability and contended that

the incident was due to parental negligence.

Wrongful Death Research

-$ Defense Intentional Torts Assault

Estate of decedent's personal representative sued the defendant when the

decedent was in an altercation with the defendant causing

unconsciousness and leading to brain hemorrhage and eventual death. The

defendant claimed that the decedent instigated the altercation and that,

while the defendant's actions were intentional, they did not lead to death.

-$ Defense Med Mal

Violation of Nursing

Home Resident's

Rights Act

Estate of the decedent sued the defendant nursing home under Chapter

400, Florida's Nursing Home Resident's Rights Act. The plaintiff claimed

that the defendant negligently allowed the elderly decedent to fall twice in

its facility, leading to death from neurological decline. The decedent did

not see a physician following the 1st fall and was sent to ER with

contusions in orbital area of the right eye following the 2nd. The plaintiff

also claimed that the defendant did not implement safeguards to prevent

falls. The defendant maintained that the decedent was appropriately

assessed for falls and could not be physically restrained without a

physician's order. The defense also contended that the decedent was

alert/oriented post-fall and a safety plan had been enforced. The

defendant also denied that the injuries sustained in the falls resulted in the

decedent's death based on a full neurological workup (including CT scans

and MRIs) following the 2nd fall and that an MRI noted a possible ischemic

attack.

1,500,000.00$ Plaintiff

Residential Half-Way

House Rape and Murder

Estate/mother of minor decedent sued the defendant mission and its

director as they allegedly allowed a dangerous ex-convict with a history of

child molestation to move into a residential neighborhood near young

children. The decedent was killed when a resident of the half-way house

broke into the decedent's home (directly next door to half-way house),

raped, and murdered her in her bedroom. The defendants maintained that

the killer was not on probation or parole, that it had no duty to warn

neighbors of criminal background nor to control behavior, and that locks

on decedent's home were inadequate. Evidence showed that another

resident of the house made comments about decedent. The plaintiff

claimed that the decedent was staked/targeted prior to death. The

defendants knew of killer's criminal record but background checks to

determine suitability for residential placement were not made.

3,000,000.00$ Plaintiff

Motor Vehicle

Negligence

Road Construction

Worker Struck by SUV

Plaintiff (surviving son, personal rep.) sued the defendant after the

decedent was struck by his vehicle causing death at a construction site

where the decedent was a pedestrian. The plaintiff claimed alcohol was

involved in the crash.

-$ Defense MVA Intersection Collision

In this case. the defendant admitted negligence, but denied the cause of

death. The decedent was involved in a severe collision with substantial

property damage to both vehicles when defendant hit his vehicle. The

decedent was admitted to hospital post-accident to monitor a pre-existing

heart condition (quadruple bypass ~10y prior to accident) but

subsequently died from a heart attack ~1y after accident. The decedent's

cardiologist claimed that the accident caused a series of events leading to

the fatal heart attack. The defendant claimed that the heart attack

stemmed from the progression of advanced cardiovascular disease, not the

accident.

744,900.00$

CN: Plaintiff 10%;

Defendant 90% MVA Head-On Collision

Judgment reduced to $400,000 for CN. Estate/decedent's husband sued

the defendant National Car Rental company and the driver of vehicle that

collided head-on with the plaintiff's car while the decedent was a

passenger for negligence. The plaintiff claimed that the husband, the

decedent's minor son, and the decedent's adult son all suffered from

depression, PTSD, and depressed cognitive function stemming from

decedent's sudden death and that her husband suffered worsening of a

prior depressive disorder. The defendant driver claimed that the

unidentified car stopped suddenly in front of him, that he swerved to avoid

collision and hit plaintiff's vehicle. The defendant also claimed that a

phantom vehicle contributed and plaintiff's husband had sufficient time to

have taken action to avoid collision.

5,000.00$ Plaintiff Negligent Supervision

Drowning of Minor

while in

Grandparents'

Custody

Action was brought by the legal representative of the plaintiff father

(incarcerated at time of trial) who alleged that drowning death (from pool)

of his 16-month-old son was the result of the defendant maternal

grandparents' negligent supervision. The defendants argued that accident

was not foreseeable and that plaintiff did not live with or support the child,

nor was married to the boy's mother.

-$ Defense Med Mal

Failure to Prescribe

Anti-Clotting

Medication after

Surgery

Decedent went to ER after MVA when, under the care of defendant

physicians, he was allegedly diagnosed with complex leg fractures

requiring surgery. The decedent was discharged but not prescribed anti-

clotting medications causing wrongful death.

-$ Defense Med Mal Internist Negligence

Plaintiff claimed that the defendant negligently failed to recognize and

treat the decedent's alcohol withdrawal symptoms resulting in aspiration

and death. The defendant doctor claimed that the treatment met the

standard of care in all respects and was not the cause of death. The

decedent underwent spinal surgery by a non-party surgeon and followed

up with the defendant internist post-surgery when the plaintiff claimed the

decedent suffered post-surgical alcohol withdrawal symptoms that were

not properly treated by defendant causing respiratory arrest, irreversible

brain damage, and eventual death. The defendant stressed that the

decedent did not disclose, and actually denied, his excessive alcohol

consumption to every physician, that hospital nursing staff did not

administer medications prescribed properly, and that the nursing staff did

not tell physicians when the decedent developed Clinical Institute

Withdrawal Assessment for Alcohol (CIWA) scores of about 15. The

defendant finally claimed there was no indication that treatment would

have altered decedent's medical course or averted death.

1,717,624.00$ Plaintiff Doctor Mal

Failure to Refer to

Specialist

Estate of the decedent sued the defendant physician and physician's group

after the decedent suffered a fatal cardiac arrest 4 days after leaving the

physician's office complaining of chest pains and an administered ECG

revealed troubling results. The plaintiff estate claimed that the physician

and physician's group were liable for failing to properly assess high risk of a

cardiac event and for failing to schedule a cardiac catheterization or refer

him to ER for a cardiac consultation. The defendants denied that the

physician's treatment caused decedent's death.

1,280,000.00$ Settlement Medical Negligence

Missed Diagnosis of

Hirschsprung's

Disease

Minor plaintiff showed multiple signs of Hirschsprung's disease which was

never diagnosed. He became severely dehydrated, went into shock, and

later died.

-$ Defense MVA

Auto/Pedestrian

Collision

Decedent and another pedestrian crossed a 4-lane divided highway to the

far right lane when they were struck by the defendant's pick-up truck

owned by defendant company. The case brought by the estate of the other

pedestrian resulted in a defense verdict the previous year. The plaintiff

claimed that the driver of truck could have avoided the accident and was

not driving attentively. The defendant company claimed that the decedent

was intoxicated (BAC .23) and that the accident was caused by decedent's

own negligence for running in front of the truck.

10,000,000.00$ Plaintiff

Public School

Negligence Sports

The defendant in this case was the University of Central Florida (UCF). The

decedent died during football practice due to exhaustion. His estate sued

the UCF Athletics Association, claiming that the coaches and trainers,

acting as servants or agents of defendant, failed to provide the football

players with proper access to water and demanded that the players

continue with football drills although they were exhibiting physical

distress; the defendants denied liability.

-$ Defense Products Liability Aircraft Part

Estate of decedent sued the defendant airplane manufacturer, Learjet,

when a plane lost cabin pressure and crashed causing decedent's death.

The estate contended that the defendant negligently designed,

manufactured, and sold the plane in a defective condition and that it failed

to properly maintain the airplane, and that a broken adapter caused

decompression of the cabin when an outflow valve came loose from the

frame of the plane. The defendant denied liability and contended that the

valve was damaged in the crash, not before.

500,000.00$ Settlement Aircraft Liability Crash

Plaintiff died when the airplane in which she was passenger, owned and

piloted by defendant, crashed. The plaintiff contended that the defendant

operated the airplane in negligent manner and that negligence resulted in

decedent plaintiff's fatal injuries. The defendant's estate denied liability

(defendant also died in crash).

15,206,113.00$

CN: Plaintiff 7%;

Defendant 93% MVA

Trucker Driving

Excessive Hours

Decedent was riding his motorcycle when he was killed in a collision with a

tractor-trailer operated by the defendant and owned by defendant

company. The plaintiff (the decedent's widow) filed suit against the

defendants claiming the defendants were negligent in violating the Federal

Motor Carrier Safety Administration's Hours of Service limits (prohibits

interstate truckers from driving 11+ hours after 10-hr consecutive break) at

time of accident. The plaintiff further claimed that the defendants falsified

logs on crash night and on many days prior by using paper logs, not

electronic logs.

1,300,000.00$ Plaintiff MVA Rear-End/Broadside

Judgment increased to $2,277,000 for economic damages. The decedent

passed when his vehicle was rear-ended by the defendant and forced into

southbound lane where it was broadsided by the 2nd defendant causing

fatal injury. The decedent's wife filed suit against both defendants for

wrongful death and vicarious liability (one defendant was driving vehicle

owned by co-defendant).

2,857,400.00$ Plaintiff Premises Liability Electrocution Liability

Judgment reduced to $2,226,690 for setoffs. The decedent passed when

he was not warned, prior to entering the attic of a property owned by

defendant, that electrical wires and circuits in attic were energized or

"live". The decedent was installing a telecommunications cable when he

came in contact with energized electrical wires and circuits and was

electrocuted causing his death. The estate sued the defendant property

owner and two businesses that owner contracted out to while installing

electrical fixtures in the property for wrongful death with an amended

complaint of negligence and negligent selection and supervision of

contractor.

-$ Defense Med Mal

Failure to

Detect/Diagnose/Test

Decedent's wife filed suit against the defendant physicians and hospital

after her husband (decedent) suffered an undiagnosed brain abscess

resulting in death.

11,800,000.00$ Plaintiff Premises Liability Accident at Hotel

Decedent died 4 years after he participated in a 2-man suma match at the

defendant hotel, where he was a guest, from the injuries he received (Inc.:

fractured neck, resulting in paraplegia). The plaintiff decedent contended

that the game was dangerous, that defendant failed to remedy/warn

participants of danger, and that this failure was the cause of the

decedent's injuries and his death. The defendant denied liability and

contended that the decedent was the sole cause of injuries.

745,000.00$ Plaintiff Med Mal Nursing Home

Plaintiff's daughter filed suit on behalf of the decedent claiming she died at

a nursing home as a result of her care/treatment. The plaintiff alleged that

the defendants deprived and infringed on decedent's rights pursuant to FS

400.022 and 400.428 and asserted wrongful death and survivor action.

Specifically, the plaintiff claimed that the defendant nursing home

managers/owners breached a duty owed to the residents to hire, train,

and supervise employees so that such employees deliver care and services

to residents in a safe and beneficial manner.

-$ Defense Med Mal Cardiac Surgery

Decedent died after undergoing cardiac surgery for a dual valve

replacement and single vessel cardiac artery bypass graft causing her to be

on heart-lung bypass for 1-2 hours resulting in low cardiac output (death

certificate lists cause of death as septic shock secondary to ischemic

bowel). Decedent's daughter (plaintiff) sued the surgeon and his

professional association (Cardiovascular Surgeons) for medical malpractice

and wrongful death, claiming that the surgeon fell below standard of care

by not being able to technically perform the aortic root enlargement to

accommodate an aortic heart valve, forcing the wait for a smaller valve

(and making decedent be on heart-lung bypass for a longer time than

normal). The defense claimed that the decedent did not spend more than

necessary amounts of time on bypass, that the decedent was anatomically

too small to fit the original valve, that the new valve gave the decedent

almost double the blood flow than she had prior to surgery, and that death

was caused by heparin induced thrombocytopenia causing micro emboli

causing ischemic bowel leading to septic shock and death.

1,000,000.00$ Settlement Medical Negligence Asthma

Decedent died from a tension pneumothorax secondary to an asthma

attack while she was a patient at the defendant hospital. The estate of

decedent sued the defendant claiming that the physician negligently failed

to diagnose and treat the decedent's pneumothorax. The defendant

denied negligence and alleged that the pneumothorax was not visible on x-

rays and that the decedent's death was from an asthma attack so severe

that she had no chance of survival.

-$ Defense MVA Right-of-Way

Decedent died while driving his vehicle in the left inside lane when he was

allegedly struck by the defendant-driven truck tractor owned by the

defendant company causing fatal injury. The decedent's father/personal

representative of the estate filed suit against the defendants claiming that

the driver violated decedent's RoW causing a collision.

24,000.00$ Settlement

Violation of Civil

Rights

Use of Excessive Force

through Repeated

Tasering

Decedent was a patron at Universal Studios CityWalk when he began

exhibiting signs of mental distress/delirium. The decedent died when 4 off-

duty police officers working as security guards attempted to apprehend

and detain him to initiate Baker Act proceedings by pinning him to the

ground putting pressure on his back making it difficult for him to breathe

and shooting him with a taser while he was subdued and on the ground.

The decedent suffered sudden cardiac arrest and died. The decedent did

not have drugs/alcohol in his system. The decedent's parents/co-

representatives of his estate claimed wrongful death against the City of

Orlando and one police officer claiming common-law battery and claims

under 42 USCS Sec. 1983 and FSA Section 768.28. The defendants claimed

officer's use of taser was necessary due to plaintiff's resistance to efforts to

subdue him and that he was unruly and uncontrollable.

1,000,000.00$ Settlement Products Liability

Automobile Hand

Brake

Plaintiff decedent was driving a truck down an incline when the hand

brake malfunctioned and did not engage brakes causing a collision with

another truck and subsequent death. The decedent's estate sued the hand

brake manufacturer (defendant) for products liability claiming that the

connection to the brake from the hand control was a threaded rod that

vibrated loose, causing the brake to malfunction and that there should

have been more safeguards to prevent rod from coming loose The defense

claimed that 30,000+ units have been sold since the 1940s and never has

this been an issue. The defense also claimed that the impact of the

accident caused the rod to loosen.

810,000.00$ Plaintiff Doctor Mal

Failure to

Test/Delayed

Treatment

Decedent died when the attending defendant physician/medical staff at

defendant's medical facility failed to diagnose timely and treat his lung

neoplasm. The estate sued the defendants, claiming they were negligently

in failing to complete further evaluation by biopsy and inquire of decedent

as to the timing of last chest CT. The defendants denied negligence.

-$ Defense Med Mal Delayed Treatment

Minor decedent died while under the care and admittance at the

defendant hospital for thrombotic thrombocytopenic purpura (TTP). The

decedent's hemoglobin level fell and she received a blood transfusion

increasing the hemoglobin level, but it eventually fell again necessitating a

2nd blood transfusion after which she coded and passed. The decedent's

father acting as the representative of the plaintiff's estate sued the

defendant hospital claiming that the defendant failed to properly monitor

and treat the decedent's condition and that its failures constituted medical

malpractice, which caused decedent's wrongful death. The defendant

claimed that the blood transfusions do not treat TTP alone, and the

treatment she needed she was allergic to. The defense also claimed that

the decedent did not show signs of hypoxia, and died because of an

occlusion of small vessels in the sinus node of heart leading to an electrical

arrhythmia and resultant cardiac death.

754,100.00$

CN: Plaintiff 5%;

Defendant 95% Premises Liability Accident at Hotel

Decedent died at the defendant hotel by drowning in 8ft of water in a

swimming pool. The plaintiff contended that the defendant's pool failed to

meet Florida Department of Health and Rehabilitative Services.

Requirements that were broken included a lack of adequate water

visibility, lack of safety line, and lack of a safety throw ring. The defendant

maintained that the decedent caused own death by hyperventilating in an

attempt to stay underwater as long as possible and that the decedent

suffered from a shallow-water black-out caused by the hyperventilation.

Witnesses claimed that the decedent was a competent swimmer and that

he jumped into deep-end of pool feet first, came up once, then a second

time, and never came back up. A rescuer came to his aid but because of

cloudy water, he could not find decedent on his 1st attempt. Once he did,

he attempted CPR, but decedent was dead.

630,000.00$ Settlement

Nursing Home

Negligence

Violation of Nursing

Home Resident's

Rights

Decedent passed after wandering from the defendant-owned nursing

home facility and trying to cross a road when she was struck by vehicle.

She died 11 days later.

10,114,660.00$

CN: Plaintiff 10%;

Defendant 90% MVA

Agency of Pizza

Delivery Driver

Decedent passed after a delivery driver for the defendant's franchise of

defendant Domino's Pizza, LLC tried to merge into his lane causing the

decedent to swerve, flip, and hit a tree sustaining critical injuries causing

paralysis and death 15 months later. The decedent's estate added

wrongful death to a pre-existing negligence action after death. The

defendants denied that the driver was negligent in the operation of his

vehicle and contended that the decedent was negligent.

-$ Defense

Nursing Home

Negligence Abuse or Neglect

Decedent died after he was allegedly stabbed under the care of the

defendant nursing home and was found bleeding from his abdomen in

bed. The decedent's daughter/estate personal representative sued the

defendant claiming negligence and neglect and that, although decedent

had undergone surgery a month prior, his wounds were consistent with a

stab wound. The medical examiner claimed that the decedent's death was

"unknown". The defendant denied there being a stabbing and argued that

there was no evidence of foul play or witnesses, no motive, nor similar

crimes in the complex, and that the decedent suffered from wound

dehiscence.

30,000,000.00$ Plaintiff Med Mal

Failure to

Diagnose/Treat

Judgment reduced to $27,600,000. The decedent reportedly stepped on a

nail resulting in a puncture wound to the bottom of his foot which

developed into septic arthritis. He was treated at the ER of defendant

hospital and was treated by the defendant physicians who ordered IV

antibiotics and oral ibuprofen. The decedent's cause of death was the

development of liver/kidney dysfunction, acidosis, hyponatremia, and high

level of gentamycin (prescribed IV antibiotic), intubation with artificial

ventilation for excessive brain swelling, and ultimately brain death. The

decedent's mother sued the defendants claiming that they were negligent

in the care and treatment of the decedent because they knew or should

have known the appropriate method to diagnose, prescribe antibiotics,

monitor antibiotic treatment, and manage/monitor a 10-year-old patient.

-$ Defense Med Mal

Failure to

Diagnose/Treat

Decedent showed up to the defendant physician's medical practice for

care/treatment showing signs of disorientation/slurred speech. The estate

of the decedent filed suit against the defendant and medical practice

alleging that the physician deviated from the standard of care by failing to

timely recognize signs of disorientation and slurred speech which were not

medication related, failing to recognize lab values consistent with over-

anticoagulation, inappropriately ordering Lovenox, leaving decedent

unattended, and failing to timely begin reversal therapy for over-

coagulation.

450,000.00$ Settlement Med Mal

Failure to

Diagnose/Treat

Decedent presented to the defendant hospital's ER complaining of chest

pain/shortness of breath and was given an EKG which the defendant

physician said was abnormal, diagnosing him with costochondritis and

giving home care instructions with prescribed pain medications then

discharging him. The decedent returned to ER approximately 3 weeks later

complaining of chest pain and left arm numbness pointing to cardiac

ischemia with probable arrhythmia from acute coronary artery thrombotic

occlusion causing death. The estate of the decedent filed a lawsuit against

the defendant hospital and physicians alleging deviation in the standard of

care by failing to complete an accurate history, appreciating the

significance of decedent's signs and symptoms, timely and appropriately

diagnosing the severity of coronary artery disease, and performing

appropriate cardiac testing.

-$ Defense Med Mal

Failure to Diagnose

Heart Attack

Decedent experienced dizziness, a sharp pain in the chest when she bent

over, and shortness of breath while at work. An ambulance was called for

the decedent, who recommended she go to the ER, but she instead saw

her family practitioner (defendant) at his office (co-defendant) who

treated her for severe pulmonary hypertension and asthma, ordering a

nebulizer treatment for wheezing, which resolved. Later that night the

decedent was taken to the hospital for severe respiratory problems where

she coded and died while a respiratory therapist placed an arterial line to

obtain blood gas results. The estate of the decedent sued the defendants

claiming malpractice. The defendants claimed that the defendant physician

appropriately addressed decedent's problems given her symptoms.

12,240,000.00$ Plaintiff MVA Head-On Collision

Decedent was involved in a head-on collision with the defendant while he

was in the scope and course of his employment with the defendant

company causing death. The plaintiff, the decedent's son, filed suit against

the driver and company claiming that the company paid Worker's

Compensation benefits and for the hotel room he was travelling to when

the crash happened. The driver admitted liability.

-$ Defense Psychiatric Mal

Medication/Negligent

Supervision

Decedent committed suicide after being diagnosed with major depressive

disorder (MDD) and was treated with Zoloft by defendant, a PA-C, under

supervision of the defendant MD at the defendant medical practice. The

estate of decedent sued the defendants claiming misdiagnosis, that the PA-

C did not have a license to prescribe medicine and illegally dispensed the

Zoloft in violation of FL law, that neither defendants warned decedent or

family of known side effects of Zoloft and failed to monitor his progress,

and that the MD failed to supervise PA-C. The defendants denied liability

and contended that the decedent was fully cognizant and understood his

diagnosis and treatment plan and that he seemed calm and collected when

purchasing the gun he shot himself with and the 11 suicide notes he wrote

were not 'deranged' or 'crazy'.

-$ Defense Med Mal

Failure to

Diagnose/Treat

Decedent underwent bypass surgery by the defendant physician causing a

tear to decedent's aorta while performing an angiogram. The decedent's

wife filed suit, claiming her husband died from post-op treatment by

negligently deviating from the appropriate standard of care by failing to

disclose the tear to surgeons, failing to properly perform angiogram, and

failing to properly treat cardiac tamponade (tear).

1,509,379.00$

CN: Plaintiff 25%;

Defendant 75% MVA

Car Pulling into Path

of Motorcycle

Decedent was operating a motorcycle when the defendant allegedly pulled

out from side street into his lane of travel causing a collision. The estate of

the decedent filed suit against the defendant driver and defendant

company claiming that the driver was acting in the course and scope of his

employment when accident occurred. The defendants denied liability on

the grounds that decedent was under the influence of drugs (cocaine) or

alcohol at time of death, was more than 50% at fault for collision, and that

driver was not acting in course and scope of employment.

10,000.00$ Settlement MVA Head-On Collision

Estate of decedent sued claiming that the defendant driver and defendant

Geico Ins. Company were negligent for wrongful death as a result of a head-

on collision. The decedent failed to brake for another vehicle ahead of him

at an intersection and the vehicle skidded before the intersection and

struck the defendant's vehicle head-on. The plaintiff alleged comparative

negligence by the defendant on the grounds that defendant could have

seen decedent's vehicle go into a skid.

230,000.00$ Plaintiff Police Misconduct Excessive Force

Decedent walked aggressively toward the defendant City of Orlando's

officer with a silver surgical clamp. When officer backed away, the

decedent said "Shoot me". The officer fired 6 shots, claiming his life was in

danger. The estate of decedent (plaintiff) claimed that the officer was in no

immediate danger, could have used a baton or mace, and that it was the

custom/policy of Orlando Police Department to ignore proper training

dealing with emotionally disturbed/intoxicated persons. This is the 1st

time OPD has ever lost civil suit for excessive force.

134,947.49$

CN: Plaintiff: 70%;

Defendant 30%

Motor Vehicle

Negligence

Auto/Pedestrian

Collision

Judgment reduced to $40,484.25. The decedent was killed while trying

cross the street when she was struck by vehicle owned and operated by

defendants. The estate of decedent (plaintiff) claimed that the defendant

negligently operated/maintained vehicle.

1,699,091.00$ Plaintiff MVA

Auto/Pedestrian

Collision

Decedent was killed by the driver of a vehicle who struck him as he walked

along a center island on a road. The estate of the decedent (plaintiff)

claimed that the driver was intoxicated at the time of accident (BAC .20

1.5hrs after accident) and failed to negotiate a curve after exiting I-4

(corroborated by witnesses/police officer). The driver was uninsured at

time of accident and was in default. This case was tried on damages only.

1,856,885.00$

CN: Plaintiff: 15%;

Defendant 85% Med Mal

Failure to

Diagnose/Treat

Judgment reduced to $1,578,352.20 for CN. The decedent presented to the

defendant physicians at a medical practice with abdominal pain and

allegedly incorrectly diagnosed her with irritable colon and early pelvic

inflammatory disease and other diagnoses between Jan. and Feb. 1998.

The decedent was eventually found unresponsive and underwent surgery

at a hospital where she was found to have a large pelvic abscess with a

perforated sigmoid colon and sacral abscess due to a ruptured appendix.

The decedent declined after surgery and eventually died at the end of Feb.

The estate of decedent filed suit against defendants for negligence and

vicarious liability.

-$ Defense Med Mal

Failure to

Diagnose/Treat

Minor decedent presented to the defendant hospital and defendant ER

physician with respiratory issues and was discharged, but returned later

the same day to a different physician at the same hospital. According to

the parents, the decedent was suffering from a septic condition and/or

meningococcal infection and was administered a large dose of IV

lorazepam, allegedly causing respiratory and cardiac arrests resulting in his

death. The estate of the decedent (plaintiff) claimed that the defendants

were negligent for deviating from the appropriate standards of care.

1,950,000.00$ Settlement MVA

Auto/Pedestrian

Collision

Decedent was killed in an orange grove while crashing an all night camp-

out party with a .14 BAC and was trespassing. The defendant, the driver of

his father's vehicle, was reckless in revving engine to purposely scare

decedent, but due to grove conditions and a combination of other things,

the decedent was struck and killed instantly.

5,000,000.00$ Plaintiff Premises Liability

Failure to Provide

Adequate Security

Decedent was on vacation in Orlando with family members following a

high school graduation when he went into defendant's nightclub and was

assaulted by 3 assailants who were escorted out of the club. but fatally

shot and assaulted him as he was leaving..

1,100,000.00$ Settlement Negligence Failure to Supervise

The defendant in this case was the Florida A&M University Board of

Trustees. The decedent was 26-year-old university student in the FAMU

band where band hazing incidents had allegedly been escalating in

frequency and violence over the course of 2011. 2 weeks after a hazing

incident occurred, the FAMU then-president allegedly refused proposals

for a long-term band suspension and disallowing upperclassmen from

participating at the up-coming 2011 Florida Classic. About 2 weeks later,

the FAMU band took a charter bus to Orlando for the FL Classic Weekend.

Bus C, operated by defendant driver, allegedly started the bus with the

specific intent of allowing the Bus C hazing ritual including verbal and

physical abuse including the decedent. The defendant bus driver allegedly

stood guard while all of this was happening and pushed decedent back

into the bus after seeing him vomiting. The decedent died from fatal

internal injuries that night. The mother of the decedent filed this wrongful

death suit.

200,000.00$ Settlement Police Negligence Failure to Protect

Decedent was a hotel employee when she was shot by a fellow employee

who then immediately committed suicide. The decedent had been

harassed by the employee before and she had called the sheriff's office

regarding the harassment (charges written as stalking charges). The

employee was dismissed and appeared at the decedent's college and killed

her. The estate of decedent contended that the defendant sheriff

negligently failed to arrest the employee, failed to protect decedent, and

failed to properly train deputies. The defendant claimed it was not

responsible for the State Attorney's negligence in not issuing an arrest

warrant.

1,350,000.00$ Plaintiff MVA Centerline Violation

Minor decedent was a passenger in a vehicle when the defendant-

operated vehicle crossed the median into oncoming traffic and collided

with vehicle the decedent was riding in.

1,750,000.00$ Settlement MVA

Auto/Pedestrian

Collision

Defendant struck and killed the pedestrian decedent after failing to stop

for a red light. The defendant also plead to count of civil conspiracy to

destroy evidence due to telling his stepmother that the damage to the

vehicle was due to a falling tree limb and she had the vehicle repaired,

impairing the Plaintiff's ability to prove liability and prevented a forensic

determination of whether there was a traffic violation between either

defendant or decedent.

215,000.00$ Settlement MVA

Auto/Truck Collision-

Attempt to Pass

Plaintiffs, parents of decedent infant, were involved in a collision caused by

the decedent's negligent passing attempt forcing another vehicle into their

vehicle and pushing them off of the road. The decedent's mother was 5

months pregnant at the time, was examined at the ER and was discharged,

then suffered a prolapsed cord and premature rupture of membranes 5

days later calling for an emergency C-section. The decedent remained in

NICU until her death at 75 days old. The plaintiffs were insured through

State Farm and INA Ins. Company for UM coverage and sued for pain and

suffering for death of child under FL Wrongful Death Act.

1,200,000.00$ Plaintiff MVA Wrongful Death

Plaintiff/decedent was parked in line waiting to enter the defendant's mine

where he was employed when he went behind his tractor-trailer to inspect

the brake lights. A truck ahead of him attempted to leave and backed into

the front of decedent's truck causing it to roll backwards over him, causing

death.

-$ Defense Doctor Mal

Lack of Informed

Consent

Decedent was the patient of the defendant doctor who died from bilateral

pulmonary thromboemboli from deep vein thrombosis (DVT) due to

surgery performed by the defendant. The plaintiff estate of the decedent

claimed that the decedent was under the defendant's medical care for

symptoms of left ankle pain and swelling and was diagnosed with a

possible tendon rupture in the left leg and tendonitis in the right and left

Achilles tendons. At a 1-week post-op visit, the decedent was given a

removable walking cast and died approximately 1 week later. The plaintiff

estate contended that the defendant failed to recognize that the decedent

was a high risk for developing DVT and that defendant failed to obtain

informed consent. The defendant denied liability and claimed comparative

negligence.

377,500.00$ Settlement Doctor Mal Childbirth

Minor decedent died from injuries that she suffered during her delivery by

the co-defendant doctor at a non-party hospital following prenatal care by

the defendant doctor. The plaintiff parent contended that the defendant

failed to accurately project the due date of the decedent and failed to

follow up on sonogram results. The plaintiff also claimed that the co-

defendant failed to provide prompt and adequate care during delivery

when he halted an ordered C-section, resulting in the decedent's brain

damage and that both doctors failed to provide the standard of care and

that a 3rd-named defendant insurance company provided financial

incentive to defendant to minimize care and to proceed with the least

expensive medical options. The defendants denied liability and contended

that acts/omissions of the plaintiff caused or contributed to minor's death.

150,000.00$ Settlement Premises Liability Drowning in Pool

Decedent was traveling with a church group to Orlando when they stayed

at the defendant-owned hotel. The decedent was instructed by the

pastor/chaperone to stay in his room after dinner and to not swim in the

hotel pool. The decedent disobeyed instructions and left his room, along

with other children from the church group and went swimming around

midnight. The pool was open until 1AM and written rules were posted

poolside indicating that no lifeguard was on duty, that children were

supposed to be accompanied by an adult, and to swim at your own risk.

The decedent subsequently drowned in the pool. The decedent's parents

sued the hotel for wrongful death on a negligence theory stating that the

hotel should have a lifeguard on duty. The plaintiff parents of the decedent

would not give consent to sue the church.

10,000,000.00$ Plaintiff Med Mal Wrongful Death

Decedent was a developmentally-disabled child living at a licensed group

home when he was reportedly prescribed Methadone by the defendant

physician for the purpose of blocking endorphin responses. The decedent

was found dead the next day and autopsy results reported the cause of

death to be Methadone overdose with multidrug toxicity. The parents of

the decedent filed suit against the defendant physician alleging medical

malpractice and negligence, claiming that the defendant negligently failed

to give proper and appropriate medical advice and failed to receive

informed consent from the parents before prescribing Methadone. The

plaintiffs also alleged that the defendant's employer should be vicariously

liable for failing to provide prompt and appropriate medical care, to

protect decedent from harm, to keep decedent safe, and to appropriately

train and supervise employees.

3,000,000.00$ Settlement

Violation of Civil

Rights

Deliberate

Indifference to

Medical Needs of Jail

Inmate

Plaintiff/decedent was arrested on a warrant for obtaining medication by

fraudulent prescription and was booked into the Orange County

Jail/Correctional Facility. On the date of arrest, the plaintiff was under

psychiatric treatment and was on a methadone program. The day after her

arrest, the plaintiff was ordered released to home confinement due to her

medical and psychological condition, because she was receiving

methadone treatment under a doctor's care, and because she could suffer

from severe withdrawal if her medication was not maintained. However,

the plaintiff was not released because the Orange County Corrections

Division had run out of ankle monitors. The plaintiff passed about 10 days

after her arrest when COs and medical personnel at the jail failed and/or

refused to provide appropriate medical care and treatment to the plaintiff

causing severe, incapacitating, and deadly drug withdrawal symptoms

eventually ending in cardiac arrhythmia brought on by an electrolyte

imbalance resulting from malnutrition and dehydration.

5,000,000.00$ Plaintiff Premises Liability Wrongful Death

Decedent was a patron of Cyberzone nightclub where he purchased and

consumed Ecstasy from a fellow patron. The decedent was allegedly

thrown out of the club around 5:30AM by club employees, but they made

no attempt to assist him or call for medical assistance. The decedent was

pronounced dead at Orlando Regional Medical Center around 6:55AM.

Prior to the decedent's overdose, 5 overdoses allegedly occurred at

defendant nightclub and the nightclub had received notices of nuisance

abatement. The decedent's father, as personal representative of

decedent's estate, filed suit against the defendant nightclub alleging

negligence because it was on notice of patrons overdosing but failed to

take minimal steps to safeguard patrons.

1,100,000.00$ Settlement MVA Rear-End Collision

Defendant was operating a vehicle owned by his mother (the named

insured under a Liberty Mutual Ins. Company policy and other named

defendant). The plaintiff and her 4-year-old son, the decedent, had been

traveling in same direction and ahead of the defendant driver when she

slowed to make a left turn. The defendant, who was allegedly intoxicated

at the time, failed to notice the plaintiff's slowed vehicle and rear-ended

her, resulting in decedent's death and her injuries. Liberty Mutual insured

the defendants' vehicle with split limits of liability in the amounts of

$10,000/$20,000. The plaintiff took the position that the vehicle was being

operated with the permission and consent by defendant's mother and

coverage applied for this accident. Prior to the statute of limitations

expiration, plaintiff's counsel attempted to resolve the claim within liability

limits to no avail, so plaintiff's counsel filed suit. The defendants plead

comparative negligence as a defense and that defendant driver did not

have permission to be driving the vehicle, they also claimed that the action

was barred by statute of limitations, accord, satisfaction, compromise, and

settlement.

-$ Defense Med Mal

Failure to

Diagnose/Treat

Decedent presented to the defendant medical office and defendant

physician for medical care pertaining to a large left thigh bruise with

concomitant edema of the left lower extremity. The decedent received

treatment from the defendant physician during which he failed to order

deep vein thrombosis (DVT) prophylaxis or recognize that the decedent's

condition was not improving. The decedent died of a pulmonary embolism

about a month after ending treatment with the defendant. The decedent's

husband, as personal representative of her estate, filed suit alleging that

the defendant physician breached his duty to decedent and deviated from

the prevailing standard of care by negligently failing to observe decedent's

bruise, failing to order DVT prophylaxis, and failing to recognize that the

decedent's mobility was not improving. The plaintiff also claimed that the

defendant medical facility was vicariously liable.

2,350,000.00$ Settlement

Violation of Civil

Rights

Deliberate

Indifference to

Medical Needs of Jail

Inmate

Decedent was arrested for discharging a firearm in public when numerous

witnesses noted he was acting psychologically unstable. The decedent was

booked into the Osceola County Jail and placed in general population

instead of being placed in isolation or transported to a medical facility for

psychological evaluation. The morning after his arrest, the decedent and a

correctional officer delivering laundry were involved in a minor altercation

where the decedent shoved the CO. The plaintiffs, on behalf of the

decedent, claimed that for approximately 45 minutes, the decedent was

beaten by numerous COs, dragged from his cell, and was chained and

belted into a "restraint chair". While in the chair, the decedent was beaten

and one CO placed a towel over his mouth and chin and hyperextended his

neck, causing a brain stem injury and internal bleeding. After the decedent

went unconscious, jail nursing employees allegedly failed to establish an

effective airway, failed to provide timely and effective resuscitation,

demonstrated and inability to operate their equipment, and delayed

contacting outside emergency personnel (by the time EMS arrived,

decedent was in a cardiorespiratory arrest with no present vitals). The

decedent was removed from life support after 7 days without regaining

consciousness. 3 involved COs were criminally charged for their roles in the

decedent's death. The defendant claimed that the decedent did not die

from the towel injury, but a case of Bell's Mania where a confined person

with psychiatric difficulties struggles with almost superhuman strength

against restraint until the heart gives out.

1,408,000.00$

CN: Plaintiff 39%;

Defendant 61% MVA

Gov't

Vehicle/Pedestrian

Collision

Judgment reduced to $858,880 for CN. The decedent was crossing at an

intersection when she was struck and killed by an Orange County Fire

Department delivery van driven by one of its firefighters not driving in an

emergency situation. The mother of the decedent sued Orange County on

behalf of her daughter's estate on a theory of vicarious liability for the

negligence of its firefighter. The plaintiff claimed that the decedent was

visible in the roadway and that had he not been speeding and making an

unsafe lane change, the firefighter would have had more than ample time

to see the decedent and avoid her (decedent was thrown 48ft. through the

air and tumbled 52 more feet along the pavement). The defendant denied

that the firefighter was speeding and argued that the girl was at fault for

running out into the middle of the road right into the path of the van late

at night with dark clothing on, making her harder to see (the plaintiff's

meteorologist claimed there was sufficient visibility for the driver to be

able to spot decedent). The defense also contended that the girl was at

fault for not using the crosswalk which was approximately 637ft. north of

the accident and that the mother was at fault for failing to supervise her

daughter.

-$ Defense Doctor Mal Diagnosis

Decedent died of cardiac arrest the day she presented to the defendant's

ER with symptoms of chest pains, shortness of breath, and radiating pain.

The plaintiff contended that the defendant physician and defendant

hospital negligently and wrongfully diagnosed her condition as

hyperventilation and asthmatic bronchitis, failed to order the proper tests

to diagnose her condition, failed to monitor her physical signs,

prematurely released her from the ER with a life-threatening condition,

and failed to provide the standard of care. The defendants denied liability

and contended that they complied with the standard of care and that the

negligence of the decedent was the cause of her death.

3,006,200.00$ Plaintiff

Violation of Civil

Rights

Negligent Medical

Care Given to Inmate

at State Correctional

Institution

The personal representative of the decedent sued the State of FL

Department of Corrections and prison physician, alleging that the

defendants were negligent in failing to render proper treatment for the

decedent's alleged pneumonia, resulting in his death. The defendant

argued that the decedent's death stemmed from atrial fibrillation (a Fib)

which could not have been predicted/prevented. The decedent was

serving an 18-month sentence in the Jackson County Correctional

Institution in Marianna when he was given the oral antibiotic Keflex for flu-

like symptoms and that documentations showed that the decedent was

not eating/drinking and became dehydrated and experienced shortness of

breath, chest pain on inhalation, and nausea (decedent had a charted

history of tuberculosis (TB) approximately 10 years earlier which damaged

the upper lobe of his lung making him more susceptible to pneumonia).

-$ Defense Doctor Mal

Negligent Postsurgical

Monitoring

Decedent died while in the care of the defendant physician and medical

group while undergoing gastric bypass surgery. The plaintiff contended

that the defendants performed the surgery in a negligent manner,

resulting in an anastomotic leak and an ischemic small bowel, failed to

monitor decedent's condition post-surgery, and failed to provide the

proper standard of care. The defendants denied liability.

145,000.00$ Settlement Doctor Mal

Negligent Postsurgical

Monitoring

Decedent died of multisystem failure after gastric bypass surgery was

performed by the defendant in the co-defendant hospital. The plaintiff

contended that the defendants were negligent, failed to perform proper

diagnostic tests, failed to insist upon more timely intervention, and failed

to provide proper standard of care. The defendants denied liability.

2,000,000.00$ Settlement School Negligence Sports

The defendant in this case was the Florida State University (FSU). The

decedent was male football player who died of possible cardiac arrhythmia

after an early morning workout at the defendant FSU. The plaintiffs

contended that defendant was negligent, failed to properly supervise the

athletes, failed to provide enough liquids or adequate rest time during

exercises, and failed to provide the necessary medical attention. The

defendant denied liability and contended that the decedent had tested

positive for sickle-cell trait and that sudden deaths have been known to

occur in healthy, athletic males with the trait.

3,373,000.00$ Plaintiff Med Mal

Failure to

Diagnose/Treat

The defendant in this case was Professional Park Pediatrics. The plaintiffs

of the decedent newborn claimed that the doctors employed by the

defendant pediatrician association prematurely discharged the infant from

the hospital and that the defendant pediatrician negligently failed to

hospitalize him when he presented with breathing difficulties 4 days post-

birth. The plaintiffs claimed that hospitalization would have led to the

diagnosis and treatment of infant's pneumonia and would have prevented

the baby's death from a hypoxic brain injury at 5-days-old. The defendants

maintained that the newborn was appropriately discharged from the

hospital and treated on an outpatient basis, that there were no clinical

signs of pneumonia, and that the baby's death stemmed from unknown

causes. The decedent infant was born 5 weeks prematurely with a

deviated septum.

-$ Defense Hospital Mal Diagnosis

The defendant in this case was Tallahassee Memorial Hospital. The

decedent infant died at the defendant hospital where he was confined

since premature birth. The plaintiff contended that the defendant failed to

provide an adequate staff with the skill and knowledge to properly

diagnose her cardiac condition, failed to perform proper diagnostic testing,

and negligently damaged her pericardial sac, which resulted in cardiac

tamponade and subsequent death. The defendant denied liability.

3,000,000.00$

CN: Plaintiff 33%;

Defendant 66% Products Liability

Tobacco/Business

Fraud

Decedent died due to lung cancer after she became addicted to cigarettes

containing nicotine designed, manufactured, advertised, and marketed by

the defendant RJ Reynolds Tobacco Company. The decedent's estate

contended that the defendant either concealed or omitted known material

facts concerning the health risks and addictive nature of smoking

cigarettes and that the defendant and other cigarette companies

conspired to conceal the health risks and addictive nature of smoking,

warranting punitive damages. The defendant purportedly denied liability.

This case was part of the FL Supreme court's class action mandate in Engle

v. Liggit Group Inc.

-$ Defense Doctor Mal Diagnosis

The defendant in this case was Tallahassee Memorial Hospital. The

decedent died of a cerebral edema while in the care of the defendants for

a severe headache. The plaintiff contended that the defendant failed to

properly diagnose and monitor the decedent's medical condition, failed to

timely and properly advise health care providers of a report that showed

the decedent's cerebral edema, and failed to properly provide the proper

standard of care. The defendants denied liability and contended that their

care of the decedent was within acceptable medical standards at all times.

-$ Defense MVA Auto/Bicycle Collision

Decedent died when his bicycle was struck by a Leon County Sherriff's

Office patrol car operated by a nonparty employee of the defendant LCSO

on a public roadway. The plaintiff invoked the doctrine of respondeat

superior and contended that the defendant's nonparty employee operated

the patrol car in a negligent manner and failed keep a proper lookout. The

defendant denied liability and contended that the plaintiff rode the bicycle

into path of the patrol car at night without lights or reflectors. The

defendant further contended that the plaintiff was wearing dark clothing,

failed to wear a helmet, and was trying to operate a cell phone at the time

of the accident.

-$ Defense Clinic Negligence Diagnosis

Minor decedent presented to defendant with chronic breathing problems

and was seen by multiple employees of defendant, including two

defendant physicians, and suffered a fatal cardiac arrest while participating

in a high school track event. The decedent's estate contended that, after

sending decedent to a pulmonologist and ruling out pulmonary or allergic

reaction, no further action was taken to determine the cause of the

patient's breathing issues, nor was he restricted from participating in

sports. An autopsy revealed that the boy suffered from a congenital heart

problem, which a cardiologist would have diagnosed and treated. The

decedent's estate maintained that defendants failed to refer the decedent

to a cardiologist, failed to consider a differential diagnosis of cardiac issues,

and provided pediatric care below standard. The defendants denied

liability.

-$ Defense Med Mal Negligent Treatment

The defendant in this case was Capital Regional Medical Center. A disabled

decedent was admitted to the defendant hospital. On the 3rd day of

hospitalization, the decedent complained of back and side pain and was

given Fioricet with codeine and, approximately 2 hours later, the decedent

complained that he was unable to breathe and clutched his chest. He died

shortly after. On behalf of decedent's estate, the plaintiff sued CRMC for

medical malpractice, contending that doctors knew that decedent was

allergic to codeine. The defendant claimed that the codeine was not the

proximate cause of decedent's death, that nurses who monitored him an

hour before his death claimed he was fine, that decedent never mentioned

codeine allergy, and that a pre-existing heart condition including a valve

replacement was the cause of death (autopsy revealed a 90% occlusion of

the left anterior descending coronary artery, thickened heart wall muscle,

and an enlarged heart).

-$ Defense Police Negligence

Failure to Provide

Medical Attention

Decedent died after an incident where he was arrested by officers

employed by the defendant Tallahassee Police Department (TPD). The

plaintiff contended that the defendant's police officers failed to obtain

medical assistance for the decedent, who began vomiting inside of the

police vehicle after he was taken into custody, that they failed to report

this illness to their superiors, and that they waited an excessive amount of

time before seeking medical attention for the decedent. The defendant

denied liability and claimed that at the time the incident occurred, the

decedent was involved in illegal drug activity, ingested the drugs to hide

them from the police, failed to inform the arresting officers that he had

ingested a harmful substance, and that they had no knowledge that he was

in physical danger.

4,250,000.00$ Settlement Doctor Mal Diagnosis

Decedent died after he presented to the defendant health care providers

at the co-defendant hospital with an abdominal rash and abdominal pain.

The plaintiff contended that the defendants failed to timely and properly

treat the condition, that they failed to diagnose the decedent's chicken

pox and negligently allowed his condition to worsen, that they failed to

continue his asthma medication along with IV antiviral medication for

chicken pox, and that they failed to provide the proper standard of care.

The defendants denied liability and contended that nothing they did or

didn't do contributed to decedent's death.

325,000.00$ Settlement

Violation of Civil

Rights

Use of Excessive Force

by Gunshot

Decedent was in the parking lot of a business when police heard "shots

fired" over the radio in the vicinity of the business where he was parked.

Law enforcement arrived at the parking lot and approached the decedent's

vehicle. He tried to drive away but officers blocked all entrances and exits.

As he was attempting to vacate the parking lot, officers shot at the

decedent, which ended up killing him. 2 handguns and suspected crack

cocaine were found in the decedent's car. The officers involved were

cleared of wrongdoing in both an internal investigation and by a Leon

County grand jury. The estate of the decedent filed a civil rights action for

excessive use of force. The defendants claimed that the use of deadly force

was reasonable because decedent had refused to get out of his vehicle,

drove his vehicle into a parked car, and had almost struck an officer with

his vehicle.

-$ Defense Med Mal Diagnosis

Decedent was a medical patient of the defendant medical group and

defendant physicians. The plaintiff estate contended that the defendant

physicians failed to perform an urgent abdominal x-ray, an urgent

abdominal CT scan, a colonoscopy, start antibiotics, and failed to diagnose

a bowel perforation. The plaintiff contended the medical facility was

vicariously liable for its employees' actions. The defendants denied liability.

1,000,000.00$ Plaintiff Airplane Crash Wrongful Death

Decedent was a passenger in a state-owned airplane and was killed as a

result of a crash when the plane's left wing clipped a 90-ft pine tree 1.5

miles from the airport in St. Augustine. Suit was brought against the state

under the virtue of the "unrelated works exception".

130,000.00$ Settlement Negligence Wrongful Death

Decedent was killed by throwing gasoline on a fire after purchasing gas in

an unapproved, unmarked container. His cause of death was dying in

surgery after receiving 2nd and 3rd degree burns over 40% of his body.

-$ Defense Negligence Government

Decedent was pulled over by Tallahassee Police Department (TPD) for

playing loud music. The decedent consented to a search where officers

found marijuana in the ashtray and he was taken to a jail operated by the

Leon County Sheriff's Office at 2:30AM. Around 4:00AM, the decedent

started to seize and he was taken to Tallahassee Memorial Hospital where

he died around 5:00AM from the ingestion of a baggie of cocaine. The

decedent's estate sued the City of Tallahassee for the police officers'

negligence claiming that they should have know that decedent had

ingested cocaine pointing to behavior of decedent during the arrest

(running away from officers, vomiting in the back of the police car). The

defense counsel disputed that the police officers had notice of decedent

ingesting cocaine, that he did not vomit in the back of the police car but

was drooling and they found marijuana, not cocaine, so they expected him

to be under the influence of marijuana.

2,210,000.00$ Plaintiff Prisoner Escape

Shooting of Park

Ranger

2 inmates were being transferred from Holmes Correctional institution to a

physician's office in Bonifay to have their vision checked when they

escaped, taking the guard's gun and a homemade knife with them. The

inmates kidnapped and sexually assaulted a woman (who escaped) and

shot a park ranger in the National Sea Shore Park, resulting in the ranger's

death. The estate of the park ranger brought suit upon the negligent

failure to search the inmates and failure to adequately secure the inmates

or prevent the foreseeable escape and harm to decedent by the inmates.

The inmates had previous escape histories and were classified as high-risk

for escape.

700,000.00$ Settlement Med Mal Breast Cancer

Plaintiff had a family history of premenopausal breast cancer, so she had

annual mammograms and gynecological exams by her family practitioner.

In 1991, breast masses were found in the right upper outer quadrant and a

mammogram showed suspicious structure. The radiologist said there was

no change and to continue to watch the masses. Subsequent contacts with

the family practitioner regarding a change of symptoms and growth of a

lump produced no exam. In 1992, the cancer and metastasis to the bone

were diagnosed 1 day after plaintiff's wedding. The defendants disputed

cause of action of the husband, on the theory that he had married into the

action.

-$ Defense Products Liability Defective Design

Decedent was an underwater cinematographer who died while filming for

National Geographic. The widow of the decedent sued the maker of

decedent's rebreather claiming negligence, product liability, and failure to

warn after he perished during a dive. The defendant denied that oxygen

sensors in the rebreather were defective and claimed that the decedent

was inexperienced with rebreather diving and was neither trained nor

certified on the equipment as required by manufacturer.

11,500,000.00$

CN: Plaintiff 70%;

Defense 30% Tobacco Wrongful Death

Judgment reduced to $1.5mil. The decedent was a smoker for more than

50 years when she died from lung cancer. The children of the decedent

filed suit against RJ Reynolds, accusing the company of responsibility for

their mother's nicotine addiction and cancer through their concealment of

the dangers associated with smoking.

700,000.00$ Settlement MVA Wrongful Death

Decedent ran into the rear of a disabled vehicle in his lane causing death.

All lights on the section of the highway that decedent was driving on,

including the construction project area, were not functioning at the time.

375,000.00$ Plaintiff Medical Negligence Wrongful Death

Decedent infant died after a 2nd physician, thinking baby was healthy, did

not tell nurses that 1st physician had warned of the possibility of sepsis

and respiratory distress causing death.

475,000.00$ Settlement Employee Safety Wrongful Death

Decedent was a construction worker who suffered fatal injuries after

falling from a 2nd floor balcony while in the capacity of being a laborer.

1,200,000.00$ Settlement Medical Negligence

Undiluted

Nitroglycerin

Decedent died on the table during an elective open heart surgery when he

was dosed with undiluted nitroglycerin.

400,000.00$ Plaintiff Medical Negligence Ulcer

Action was brought against a physician who gave the decedent Percodan

after open heart surgery with the result that the drug triggered his ulcer

problems leading to his death.

3,000,000.00$ Settlement Products Liability Car Collision

Suit was filed after a low speed head-on auto collision which killed the

decedent due to negligent design of a Camaro from a pillar that deformed

upon impact.

1,000,000.00$ Settlement Products Liability Wrongful Death

Decedent was a construction worker when defendant's model 512 material

lift improperly raised about 12ft causing it to fall over backwards and strike

decedent causing death.

625,000.00$ Settlement Aviation Wrongful Death

Decedent was a flying instructor who was killed when his aerobatic trainer

crashed.

475,000.00$ Settlement MVA Wrongful Death

Decedent lost control of his vehicle and drove into a power pole due to

defective retread on a tire.

1,924,027.99$