Firm Results

Tom Saieva filed a Motion to Dismiss and Motion for Determination on behalf of a hospital and its nurses due to plaintiffs’ failure to comply with presuit requirements under Florida law. Although the lower court denied the motions, the Second District Court unanimously granted certiorari. The District Court quashed the lower court’s refusal to make a “determination” and has required the lower court to provide an evidentiary hearing.

Kari K. Jacobson and Tia J. Jones obtained a defense verdict in a premises liability case tried in Orange County (Orlando) Florida. The Plaintiff alleged that violations of codes and standards in the design and construction of a curb at a hotel led to his trip and fall. Plaintiff further alleged the injuries sustained led to the end of Plaintiff’s career as a police officer. The jury found that the defendant breached no duty to Plaintiff.

Barbara Chapman and Jason Azzarone were successful in obtaining the dismissal of a medical negligence claim filed by an inmate in Hillsborough County, in which the firm represented a medical group which  provided medical care to Hillsborough County inmates.  The Plaintiff filed multiple causes of action predicated on his allegation that he was denied medical care.   A motion to dismiss was filed, arguing that the Plaintiff failed to satisfy the condition precedent of notifying the Florida Department of Insurance of the filing of a civil action,  failed to satisfy Florida’s medical malpractice presuit screening requirements, failed to state a cause of action for breach of contract and failed to comply with Florida law regarding the filing of a lawsuit by an indigent prisoner.  The Court agreed, finding that the Plaintiff failed to comply with Florida’s medical malpractice presuit screening requirements.  The Court further agreed that dismissal was warranted as the Plaintiff failed to notify the Florida Department of Insurance of the lawsuit as required by Florida Statute §768.28 and further violated Florida law regarding the filing of a lawsuit by a prisoner as required by Florida Statute § 57.085

Lou La Cava obtained a summary judgment for his cardiac surgeon client in a wrongful death medical malpractice case filed in Hillsborough County. The plaintiff alleged the surgeon was negligent in delaying bypass surgery and in the technical performance of the surgery which resulted in the death of the patient who was a physician. Mr La Cava had previously represented a cardiologist who was a defendant in the same case and obtained a dismissal with prejudice without any settlement payment from him or his employer. The cardiac surgeon, who was then represented by another law firm, requested his file be transferred to La Cava. After clearing all conflicts the case was transferred. La Cava ultimately was able to convince plaintiff’s counsel to agree to an unopposed motion for summary judgment in favor of the cardiac surgeon and the court entered an order granting the summary judgment.

 

David Young and Jason Azzarone were successful in securing a summary judgment in a slip and fall negligence case filed in Pinellas county, in which the firm represented a the tenant of an office complex. The Plaintiff alleged that the tenant and landlord negligently maintained a handicap ramp on the property.  Mr. Young and Mr. Azzarone filed a crossclaim on behalf of the tenant against the landlord for breach of contract, common law indemnity and contractual indemnity based upon language contained in the lease agreement between the tenant and landlord which provided that the landlord was responsible for maintenance of all common areas and which further provided for indemnification of the tenant.  The Court granted motions for summary judgment in favor of the tenant on the negligence claims raised by the plaintiff as well as the crossclaim.  In granting summary judgment on the crossclaim, the Court also entered a final judgment awarding the tenant its attorneys’ fees.