Lawlor Winston's Notable Verdicts & Settlements

In personal injury law, the verdicts and settlements can certainly measure that of a firm’s success; however, the extent of injuries both mental and physical can cause such distress that the settlements may not necessarily reflect the victim’s true pain. We understand that and are sensitive to our clients' needs. We want to gain results commensurate with the pain, suffering and unjust that might have happened during this difficult time. While nothing can replace the loss of a loved one or hurt of a family member, friend or even yourself, we want you to have confidence that we will do our best to fight to undo the wrong done to you. We know that no experience is alike, and no client has the exact same needs. At Lawlor Winston, we don’t believe in “cookie-cutter” cases, but building a customized approach around you.

 

You are important – at Lawlor Winston we believe every client deserves justice.

 

A sampling of some noteworthy cases, verdicts and settlements are listed here, and details given below. If you have questions about any type of case, please don't hesitate to contact us. 

 

Auto Accidents

Insurance Bad Faith

RSD/CRPS

Premises Liability/Slip & Fall Injuries

Medical Malpractice

Legal Malpractice

Maritime/Admiralty/Cruise Injuries

Other Personal Injury

Civil Litigation

Appeals

 

 

 

H.M. was riding his motorcycle on Federal Highway in Hollywood, Florida when he was cut off by Joel Handelman who was driving a BMW leased for him by his company, Mazel & Co., Inc.  HM suffered multiple injuries, including a broken back which required surgery and implantation of Harrington Rods fusing his entire lumbar spine.  Handelman was arrested for DUI at the scene of the accident, but charges were subsequently dropped due to the termination and arrest of the investigating officer in an unrelated matter.  Notwithstanding, Lawlor Winston was permitted to bring a claim for Punitive Damages against both Handelman and Mazel & Co.

 

Mercedes Hernandez was driving her car on Lake Worth Road in West Palm Beach FL, and was about to turn in to a local business’s parking lot when Michael Bonomolo failed to notice Hernandez’s vehicle, and struck her from the rear. Bonomolo caused significant damage to Hernandez’s car, and an ambulance took Hernandez to a local hospital from the accident scene. An MRI revealed the accident caused multiple herniated disks in Hernandez’s back. Hernandez underwent spinal surgery and suffered through more than a year of painful rehabilitation. During that time, Hernandez missed a significant amount of work. Hernandez' attorney, Ben Murphey, sent Bonomolo’s insurance carrier a detailed demand package requesting a tender of Bonomolo’s policy limits. The recovery represents the carrier’s entire policy limit for Bonomolo. 

 

The litigation team at Lawlor Winston, LLP in Fort Lauderdale, Florida obtained a $1.9 Million pre-trial settlement for a 56 year old woman struck by a car.  The victim sustained multiple open fractures of the lower extremities and did not have distal pulses in the lower extremeties or the left upper extremety at the scene of the accident.  After being rushed to the hospital, she underwent multiple emergency surgeries to save her limbs, and months of in-patient treatment thereafter.  The victim's past medical bills exceeded $446,000.00.  She is expected to live with severe disabilities for the rest of her life.

 

Bruce G. was a practicing Chiropractor involved in two auto accidents less than six months apart. As a result of his spinal injuries, he underwent back and neck surgeries.  The back surgery failed, and Dr. G. developed Reflex Sympathetic Dystrophy (RSD), also known as Complex Regional Pain Syndrome (CRPS) 
 

George & Jennie T. v. A Private Bus Company: $3,300,000 Pre-Trial Settlement
George and Jennie T. were rear-ended in their Nissan Sentra by a private school bus operated by an elderly driver with terminal cancer.  Mr. and Mrs. T.’s injuries were catastrophic, but both have made excellent recoveries after lengthy hospital stays and surgeries.  The defendant bus company destroyed evidence in violation of a Court Order, and this was a factor in obtaining the ultimate result.

Kimberly H. v. Trugreen Limited Partnership & Benjamin McCallum: $890,350 Settlement
Kim was 25-years old when the defendant driver, while in the course and scope of his employment with Trugreen, ran a red light as she was making a left turn. Ms. H.‘s injuries resulted in torn labra in both shoulders, and four unsuccessful surgeries attempting to repair same.

 

Rafael P. v. Lyon’s Towing:  $450,000 Recovery ($250,000 Jury Verdict for Plaintiff, $200,000 award of Attorney Fees and Costs)
Rafael P. suffered multiple fractured bones and lacerations when he rear-ended a Lyon’s tow truck which pulled out in front of him and stopped during rush hour on I-95 in Palm Beach County.  Pre-trial, Plaintiff offered to accept $150,000 as full and final settlement.  Defendant’s highest offer was $17,000.  The jury returned a verdict in Plaintiff’s favor of $250,000 (which was reduced by 20% for Plaintiff’s comparative fault), and the Court entered an Order awarding Lawlor Winston $200,000 for attorney fees and costs due to the Defendant’s unreasonable rejection of Plaintiff’s pre-trial offer.

Luis M. v. Christopher Page, et. al.: $345,000 Recovery on $110,000 in Coverage
Luis M. was a passenger in his employer's truck being driven by a co-worker when it was struck by Christopher Page, who was driving his parents’ Corvette.  As a result, Luis suffered multiple injuries requiring surgery.  The Defendants held a Bodily Injury policy of $100,000, and Luis held an Uninsured Motorist policy of $10,000.  Rather than simply accept those policies, Lawlor Winston worked to find additional coverage.  As a result, an additional $100,000 was obtained from Luis’ employer's carrier for failing to obtain a valid UM rejection.  Christopher Page’s parents were divorced and the firm successfully argued the single $100,000 policy limit should be doubled, ultimately recovering $100,000 on behalf of each parent.  Before accepting the $200,000 from the parents' insurance company, the firm required financial affidavits from each Defendant, which revealed the father was a high wage earner.  Thereafter, he personally contributed an additional $35,000 to the settlement.

Patel v. Noblitt and Purple Pizza Eaters, Inc. : $1,775,000 pre-trial settlement for injuries sustained in motor vehicle rollover.
In 2001, Plaintiff was driving his Nissan Pathfinder on Florida Avenue in Tampa, Florida when Travis Noblitt exited a parking lot and struck the side of Plaintiff’s vehicle causing it to turn on its side. Plaintiff’s left arm was resting on the window at the time of the crash and the vehicle landed on top of the arm, causing a near-amputation crush injury. Plaintiff and his wife owned a cleaning company that they were forced to sell after Plaintiff could no longer work.

Terrance H. v. Bernice Volz: $8,500,000 Judgment
Terrance H. was 12 years old when he darted out into traffic in front of Bernice Volz, who was speeding and failed to take any evasive action until after her vehicle struck and ran over Terrance, eviscerating and paralyzing him from the mid-chest down. Ms. Volz’s insurance company failed to tender payment of her $10,000 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Benedetto P. v. Sharon Turner Insurer: $900,000 Judgment
Benedetto P. suffered severe brain injuries in a terrible automobile accident. Mr. Petraoli’s right of way was violated by Sharon Turner, who was under the influence of multiple medications, including psychotropics. Ms. Turner's insurance company failed to tender payment of her $25,000 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Natacha O. v. Raymond O., et. al.: $610,000 Recovery
Natacha O. was a 14 year-old passenger in her Grandparent’s car being driven by her father when he lost control and hit a tree. As a result, Natacha was paralyzed from the mid-chest down. The Defendant’s insurance company failed to investigate the matter for nearly one year pre-suit, and failed to timely offer their $10,000 limits of bodily injury coverage. As a result, Natacha sued her father and grandparents. Under Florida law, her recovery was limited to the policy amount as to her father, and to $600,000 as to her grandparents. The insurance carrier made the business decision to pay these capped amounts rather than litigate the inevitable bad faith case.

Scott S. v. State Farm: $275,000 Recovery
Mr. S. sustained a herniated disk in his neck faith case. resulting from a rear-end automobile collision. The Tortfeasor was without insurance and, therefore, Mr. S. filed a claim against his Uninsured Motorist Carrier. This case was settled in suit, after Mr. Schachter underwent cervical spine surgery.

Greg H. v. Lipfield, et al.: $200,000 Recovery
Greg H. was rear-ended in his family van by Lisa Lipfield, who held a $25,000 policy of insurance. So great was the impact, that Mr. H. ultimately underwent cervical spinal surgery with discectomy and fusion. Ms. Lipfield’s insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $150,000 at mediation due to bad faith exposure. An additional $50,000 was paid by Mr. H.’s underinsured motorist carrier.

Gerald Y. v. Jurgens, et al.: $132,500 Recovery
Gerald Y. was rear-ended by Kyle Jurgens, who held a $25,000 policy of insurance. Mr. Y. ultimately underwent cervical spinal surgery with discectomy and fusion. The Jurgens' insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $112,500 at mediation due to bad faith exposure. An additional $20,000 was paid by Mr. Y.’s underinsured motorist carrier.
 

Terrance H. was 12 years old when he darted out into traffic in front of Bernice Volz, who was speeding and failed to take any evasive action until after her vehicle struck and ran over Terrance, eviscerating and paralyzing him from the mid-chest down. Ms. Volz’s insurance company failed to tender payment of her $10,000 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Benedetto P. v. Sharon Turner Insurer: $900,000 Judgment on $25,000 Policy 
Benedetto P. suffered severe brain injuries in a terrible automobile accident. Mr. Petraoli’s right of way was violated by Sharon Turner, who was under the influence of multiple medications, including psychotropics. Ms. Turner's insurance company failed to tender payment of her $25,000 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Natacha O. v. Raymond O., et. al.: $610,000 Recovery on $10,000 Policy
Natacha O. was a 14 year-old passenger in her Grandparent’s car being driven by her father when he lost control and hit a tree. As a result, Natacha was paralyzed from the mid-chest down. The Defendant’s insurance company failed to investigate the matter for nearly one year pre-suit, and failed to timely offer their $10,000 limits of bodily injury coverage. As a result, Natacha sued her father and grandparents. Under Florida law, her recovery was limited to the policy amount as to her father, and to $600,000 as to her grandparents. The insurance carrier made the business decision to pay these capped amounts rather than litigate the inevitable bad faith case.

Scott S. v. State Farm: $275,000 Recovery on $25,000 Uninsured Motorist Policy
Mr. S. sustained a herniated disk in his neck faith case. resulting from a rear-end automobile collision. The Tortfeasor was without insurance and, therefore, Mr. S. filed a claim against his Uninsured Motorist Carrier. This case was settled in suit, after Mr. Schachter underwent cervical spine surgery.

Greg H. v. Lipfield, et al.: $200,000 Recovery on $25,000 Policy
Greg H. was rear-ended in his family van by Lisa Lipfield, who held a $25,000 policy of insurance. So great was the impact, that Mr. H. ultimately underwent cervical spinal surgery with discectomy and fusion. Ms. Lipfield’s insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $150,000 at mediation due to bad faith exposure. An additional $50,000 was paid by Mr. H.’s underinsured motorist carrier.

Gerald Y. v. Jurgens, et al.: $132,500 Recovery on $25,000 Policy
Gerald Y. was rear-ended by Kyle Jurgens, who held a $25,000 policy of insurance. Mr. Y. ultimately underwent cervical spinal surgery with discectomy and fusion. The Jurgens' insurer, Allstate, refused to tender the limits of insurance presuit, and ultimately paid the sum of $112,500 at mediation due to bad faith exposure. An additional $20,000 was paid by Mr. Y.’s underinsured motorist carrier.

 

RSD/CRPS

 

 

 

Sandra M. v. Ristorante Bova: $3,000,000 Recovery
Sandra was an opera singer on break while performing at the Defendant’s restaurant when her dress caught fire from a candle placed on the floor. She suffered third-degree burns over 30% of her body, requiring extensive hospitalizations and multiple surgeries, including skin grafting and colecystectomy. 

 

Melissa A. v. MarineMax, Inc. Premises Liability: $2,750,000 Recovery
Melissa and her husband were visiting a boat showroom owned by MarineMax when she fell from an elevated platform erected without building permits or inspection. The platform did not have hand-rails and otherwise violated applicable building and safety codes. Melissa’s original shoulder injury required corrective surgery, after which she developed Reflex Sympathetic Dystrophy (RSD), also known as Complex Regional Pain Syndrome (CRPS)

Aaron S. v. Finish Line Gas, Inc. et. al.: $1,025,000 Recovery
Fourteen-year-old Aaron was riding his skateboard on the Defendant’s premises when his wheels hit a broken section of pavement, causing him to fall into the street where he was struck in the head by a passing car. Aaron suffered catastrophic brain damage and is now confined to a wheelchair, requiring round the clock care. The settlement amount represents the policy limits for several defendants.

 

Jane Doe slipped off the broken bricks of the front steps of Little Switzerland and suffered torn ligaments in her ankle which led to rapid development of symptoms consistent with Reflex Sympathetic Dystrophy (RSD) also known as Complex Regional Pain Syndrome 1 (CRPS-1), a chronic pain syndrome that can be crippling.  Over the course of three years, she was diagnosed by eight different physicians with RSD/CRPS in her left lower extremity which spread to her left upper extremity and her face. Her physical impairment was rated by as severe by physicians, and her symptoms were progressive in nature. The case was settled for a confidential amount at mediation prior to trial.

 

Gail C. was a business invitee at K-Mart when she slipped on laundry detergent leaking from an over-loaded pallet display. Gail suffered severe back injuries which necessitated a surgical laminectomy with dorsal column stimulator implant for pain control.  The implant failed, and was removed in a subsequent back surgery.  The parties settled for a confidential amount prior to trial. 

 

 

Michelle T. v. Various Health-Care Providers: $2,013,000 Settlement
Michelle T. was the victim of misdiagnosed lung cancer. After presenting to her family doctor and urologist for kidney stones in April, 2000, she was sent for a routine chest x-ray to clear her for a lithotripsy procedure. The radiologist saw a small questionable area of increased density in her left mid lung field and recommended further study via shallow oblique film, or chest CT scan. The report was received by her internist and urologist, but was not read for 16 months. At that time, Michelle’s condition had advanced, requiring that a portion of her lung be removed, and that she undergo chemotherapy and radiation for metastatic lung cancer.
 

PATRICIA M., as Personal Representative of the Estate of DAVID M. v. RALPH GREENWASSER, M.D., et al.: $1,250,000 Verdict
Multiple defendants misdiagnosed David M. ’s adrenal cortical cancer which, ultimately, resulted in his death at age 32. David left behind a widow and three-year old son. The verdict was reduced by 50% comparative negligence. The Defendant Physician only held a $250,000 policy of insurance and his insurer, rather than defend a Bad Faith action, paid the Judgment. 

 

Zachary H. suffered birth related brain injuries due to the Defendant OB/GYN’s negligence.

 

Jessica & Danny H. v. Plantation General Hospital: Confidential Pre-trial Recovery
Jessica and Danny H. were expecting the birth of their first child, a son to be named Danny, when they presented to PGH for a planned induction of labor. They arrived at approximately 12 midnight and were left unattended despite numerous pleas for assistance due to lack of fetal movement until 4:00am. By that time, Danny had died in utero from a massive feto-maternal hemorrhage. Shortly before settlement, the Court granted a rare Motion to Amend to Claim Punitive Damages against the Defendant.

 

Guerline G. v. Bethesda Memorial Hospital: Confidential Pre-Trial Recovery
Ms. G. delivered a baby girl, Brithney, with massive birth defects at home. After being transported to the NICU (Neonatal Intensive Care Unit) of BMH, Brithney lived for three days before dying due to her birth defects. Brithney's body was taken to BMH's morgue, and placed on the cooler floor. Thereafter, a BMH employee mistook Brithney's remains for garbage, and incinerated it. 

 

Following the accident, Ms. Bender sued Caregivers for its vicarious liability for the aide’s negligence.  Caregivers then filed a Motion for Summary Final Judgment claiming the Release barred the lawsuit.  Lawlor Winston argued the release was defective because it failed to state the Release covered claims based on negligence.  Caregivers argued that because its liability was vicarious, inclusion of the word negligence was not necessary.  In its ruling, Florida’s Fourth District Court of Appeal conclusively established that exculpatory releases absolving a party of even vicarious liability for negligence must include the word negligence.

 

This appeal has created a clear expansion of the requirements applicable to exculpatory releases.  The opinion will have far-reaching effects in this area of the law. 

 

UPDATE: 

Guarneri v. Nussbaum, 40 So. 3d 925 (Fla. 4th DCA 2010).  Mr. Nussbaum sued Dr. Ralph Guarneri for alleged medical malpractice committed during a surgical procedure.  After months of litigation, the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida struck Dr. Guarneri’s pleadings for multiple discovery violations.  Dr. Guarneri appealed the ruling to the Fourth District Court of Appeal.  Attorney Ben Murphey argued the Appellate Court lacked jurisdiction to hear the appeal because the Trial Court’s ruling was a non-final order incapable of appellate review.  The Fourth District Court of Appeal agreed and, within two weeks of oral argument, dismissed the appeal for lack of jurisdiction.  The case will return to the Trial Court and proceed to a trial on damages.