2010: $500,000 wrongful death settlement in medical malpractice claim for the pain and suffering of surviving widow. Husband died during operative procedure and physician settles the claim for pain and suffering and mental anguish of surviving widow.
$250,000 settlement. Middle District of Florida, Tampa, Florida 2008 case: The firm recovered for a group of 6 employees against their employer for overtime wages for 3 classes of workers. The Defending Corporation rejected all claims, but the parties resolved the matter at mediation.
$250,000 Settlement Medical Malpractice Claim against ER physician and Hospital, Pinellas County. Client had claim for failure to diagnose and almost died after physician failed to diagnose appendicitis, which then ruptured.
2010: $150,000 settlement in life insurance benefits for surviving widow. Insurance companies fought on paying the death benefits. Claims settled prior to trial for $150,000.
$150,000 Settlement: Automobile Accident. Alachua County, Florida. Client was T-boned by a Truck. Suffered multiple injuries and aggravations of pre-existing conditions. Case was settled within 30 days of filing suit.
$110,000 Settlement: Age Discrimination claim. The firm represented a group of several clients on age discrimination claim in Marion County Florida. The Defendant settled with the Plaintiffs prior to trial.
Personal Injury
Mitchell L. Feldman wins jury verdict in auto accident case:
Crystal Chalich and Kristen Mann v. The Florida Department of Transportation: On October 3, 2007 in the Alachua County Circuit Court, lead counsel, Mitchell L. Feldman, of the Firm's Tampa and Ocala offices, successfully obtained a JURY VERDICT in the case of Crystal Chalich and Kristen Mann v. The Florida Department of Transportation, stemming from an automobile accident in Gainesville, Florida on December 6, 2002. This case was a hard fought and heavily litigated battle, which had gone on for two years. Previously, the firm successfully obtained a Summary Judgment in favor of the Department of Transportation's immunity defense before Judge Roundtree. However, the case was reversed on appeal after the First District Court of Appeal found questions of fact existed in the record from Affidavits filed by the Plaintiffs' counsel. The case was remanded back to the Trial Court.
The facts in the case are as follows: at the intersection of State Road 26 and State Road 222 in Gainesville, at approximately 5:15 pm, a driver (deceased) Paul Angelico, while on SR 222, made a left-hand turn in the path of on-coming traffic on State Road 26, which caused him to be struck in a t-bone type fashion. Kristine Mann and Crystal Chalich, mother and daughter, were seated in the rear and both sustained injuries in the accident.
The Department of the Transportation, through its counsel, defended the claim on the basis that the deceased driver was 100% at fault in the accident as well as on sovereign immunity of the Department of Transportation. The complaint alleged a failure to warn and negligence in maintenance and creation of the road. The Department of Transportation's defenses included sovereign immunity, under which the DOT was immune to planning level functions such as the creation of the road, the installation of traffic lights and the speed limit determinations on the road. The Plaintiffs tried to carve out an exception to the sovereign immunity defense by proving that the intersection was a known trap. The Trial Court at Summary Judgment found that "readily apparent" conditions existed such that the Department of Transportation was immune. However, as noted above, the 1st DCA reversed and remanded.
Premises Liability, Negligence
Craig v. RJD Enterprises, d/b/a McDonald's: Circuit Court, Sarasota County, December 2001. Mitchell Feldman, Esq. Represented the defense in a 5-day jury trial in Sarasota. A Defense Verdict was obtained. Pursuant to a proposal for settlement, the defense had the opportunity to seek recover of all fees and costs against the Plaintiff. Plaintiff Craig, an 83 year old woman, alleged to have tripped and fallen over a curb near the McDonald's restaurant drive through lane, sustaining multiple fractures and injures to her face, hands, back, knees, wrists, along with aggravation of her global arthritis. The Defense strategy was to prove to the jury that the Plaintiff was either lying, or simply confused about the facts of her fall. The defense case in chief swayed the jury to discount sympathy for the Plaintiff. Witnesses for the defense demonstrated for the jury on large-scale photographs of the scene of the incident, that the Plaintiff was actually far away from the curb when she stumbled and fell due to her age, preexisting medical conditions, and failing to use her cane. The Plaintiff sought a huge damage settlement and jury award. The defense discredited the Plaintiff's medical experts, and the Plaintiffs credibility was attacked and impeached through prior trip and falls and slip and falls, as well as through inconsistent statements about her health and medical condition.
