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Case Results – Lawlor, White & Murphey

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Civil Litigation

  • Confidential Settlement

    Mr. G and Mr. M worked for Performance Power, LLC under a written contract of employment. After Mr. G and Mr. M separated from Performance Power, Performance Power sued them for violation of a non-compete agreement, copyright infringement, FDUTPA violations, among other things. In answering the complaint, Ben Murphey of Lawlor, White & Murphey filed a counter claim for the unpaid wages. After protracted litigation, the case settled for a confidential amount.

  • $251,315.91 Judgment

    Dr. A worked for Advanced Orthopaedics under a written contract. When Advanced Orthopaedics failed to properly pay her, Dr. A sued her former employer for back wages. Mr. Murphey litigated this case to a jury verdict, and the jury awarded Dr. A every penny she claimed her employer failed to pay. This case represents Lawlor, White & Murphey’s ability to successfully litigate labor and employment cases.

  • $355,000 Judgment

    Bay State Supermarket contracted for the sale of its business to JN Market. When JN Market failed to abide by the terms of the sales contract, Lawlor, White & Murphey pursued claims for breach of contract, violation of Florida’s Worthless Check Act, and breach of guarantee. The firm obtained a judgment in excess of $355,000.00.

Other Personal Injury

  • $300,000 Settlement

    T. W. was jogging in his residential neighborhood when Feaman’s dog jumped on him, knocking him to the ground. As a result, T.W. injured his shoulder, which ultimately required replacement surgery.

  • Confidential Pre-Trial Settlement

    M. D. was the front seat passenger in a rental vehicle driven by a friend of his. The driver had been drinking, lost control of the vehicle and collided with a sign-post, killing himself and M. D., and grievously injuring the back-seat passenger. The defendant owned an operated a gas station that supplied beer to the underage driver.

  • $1,036,000 Verdict

    B. B. was a guest at defendant’s nightclub when he was attacked by club employees, and suffered a traumatic brain injury.

Maritime / Admiralty / Cruise Injuries

  • Confidential Pre-Trial Settlement

    A. T. was a Jones Act seaman on board the vessel Mariner of the Seas, when he fell down a narrow flight of stairs in the kitchen. A.T. suffered multiple disc injuries to his back that required extensive orthopaedic treatment. The case settled for a confidential amount before trial.

  • Confidential Pre-Trial Settlement

    A. B. was on a cruise with her husband when she slipped and fell on wet stairs on the vessel Enchantment of the Seas. Annette suffered multiple fractures to her left lower extremity. Royal Caribbean settled for ca confidential amount.

  • Full Award of Benefits

    H. W. was a longshoreman working at the Port of Miami when he was injured in a chemical spill. His employer denied both that the accident occurred and that H.W. needed medical treatment. After a hearing before the U. S. Department of Labor, Herman was awarded benefits under the Longshore & Harborworkers Compensation Act.

  • Confidential Pre-Trial Settlement

    G. Z. was a Jones Act seaman aboard the vessel Norway, when he was diagnosed with a pre-maxillary tumor. G.Z. required extensive medical treatment that included removal of the tumor through facial re-sectioning and multiple brain surgeries. After receiving treatment and maintenance and cure for more than a decade, Norwegian settled for a confidential amount.

  • $170,000 Settlement

    Our client was vacationing in Florida from Philadelphia. She rented a wave runner on a local beach. Our client had no experience with wave runners and the rental facility failed to give her the pre-ride instructions required by Florida law. Because our client was not told about the effects of off-throttle steering in wave runners, she hit the anchor line of a boat moored off the beach and injured her throat and vocal chords. The injury required surgery and vocal therapy. The settlement will allow our client to continue her recovery. The case settled on the third day of the trial.

  • $250,000 Settlement

    This was a wrongful death case against a cruise ship and its corporate officers. Our client’s husband had a heart attack while on the cruise. The ship did not have an automated external defibrillator and failed to call the U.S. Coast Guard to get the man back to shore for treatment, even though they called the Coast Guard to take a man with a broken leg back to shore just days before. The ship also sailed in strong seas without its main engine working and that slowed the return of the ship to port and decreased the man’s chance of survival. The ship was in bankruptcy, but we were able to lift the bankruptcy stay, make a recovery against an insurance policy, and give the family a sense of justice and a better understanding of what caused the man’s death.

  • Confidential Settlement

    Our client was a Jones Act seaman working on a large ocean liner. He suffered a back injury when he fell down a narrow flight of stairs in the ship’s kitchen. He required extensive orthopaedic treatment for his injuries. The settlement allowed our client to return to his home country in Europe and continue to recover from his injuries.

  • Confidential Settlement

    Our client was working on cruise ship when he was diagnosed with a jaw tumor. He was entitled to benefits under the maritime law and required multiple surgeries to remove the tumor and reconstruct his face. The client received maintenance and cure for more than a decade and was frustrated that he could not get the case settled. We took over representation of the case and settled it before trial.

  • Confidential Settlement

    Our client was a passenger on a boat anchored at Peanut Island. She was relaxing with her hand slightly over the side of her anchored boat when a man operating another boat crushed her finger between the two boats. The man rented the boat from a local yacht club. The yacht club filed a limitation action in federal court. We filed a claim in the limitation action and settled the case at mediation. With the settlement, our client was able to reimburse her health insurance for the medical bills it paid. The client was also able to set aside money for her future needs.

  • Confidential Settlement

    Our client was working on luxury yacht owned by a United States Congressman. The yacht had a problem with a cabinet near a stairwell popping open. The problem was not corrected and our client was injured when the cabinet popped open and caused her to fall. The ship refused to make a reasonable settlement offer to the client. The client hired us and the case settled after we filed a lawsuit. The client was able to continue her recovery with the settlement and start her own business.

Legal Malpractice

  • $250,000.00 Settlement

    A married couple hired a law firm to handle a claim for damage to their home. Their insurance company went out of business and the firm was supposed to sue the Florida Insurance Guaranty Association. However, the firm filed the lawsuit a few days late. The firm knew about that mistake and other mistakes it made in other cases. However, the firm failed to tell its malpractice carrier about the possible claims when it applied for coverage. The carrier tried to deny coverage for all the claims. We litigated the case and it settled after a two day mediation involving many of the other clients harmed by the firm. The settlement allowed the clients to finish the repairs to their home and replenish the savings they used to start the repairs.

  • Confidential Settlement

    Ms. P was injured in an automobile accident in 2001. After her accident, Ms. P hired Attorney David Rowe to represent her. Mr. Rowe filed a lawsuit in 2004 on her behalf but failed to prosecute the suit. In December of 2005, the trial court dismissed Ms. P’s lawsuit for failure to prosecute after issuing a notice of the impending dismissal. Mr. Rowe failed to take appropriate action to protect Ms. P’s claims. Instead, Mr. Rowe refilled the lawsuit in August of 2007, not realizing that the statute of limitations had already run on Ms. P’s claims. For unknown reasons, the defense attorney did not notice the statute of limitations had run and answered the lawsuit. Amazingly, Mr. Rowe failed to prosecute the second lawsuit just as he had the first one. The trial court dismissed the second lawsuit for failure to prosecute after issuing a notice of impending dismissal. The case settled for a confidential amount at mediation.

  • Confidential Settlement

    A client was involved in multiple legal disputes and wanted to protect some assets. She hired a law firm to review several complex financial documents. The lawyer told the client he knew how to accomplish her goal quickly. The lawyer filed a lawsuit that was dismissed. Instead of learning from that mistake, the lawyer filed the lawsuit again. The lawyer’s plan of action was contrary to clearly established law. The lawsuit failed to accomplish the client’s goal and caused the client to pay a large attorney’s fee to the institution that was sued. As a final insult, the lawyer claimed the client owed him money for the bad advice. The case settled for a confidential amount.

  • Confidential Settlement

    A law firm was hired to protect a client’s intellectual property. The law firm failed to take the time to fully understand the client’s creation and to properly advise the client on how to best protect it. The law firm drafted documents that failed to provide the client with the greatest protection, and when a competitor brought a similar creation to market the client discovered the error made by the lawyers. The lawyers denied any wrongdoing and claimed too much time had passed to hold them responsible. The case settled for a confidential amount.

  • $305,670 Settlement

    A South American businessman and his wife were sued by two former nannies for unpaid overtime and other claims in federal court. The couple hired one of the largest law firms in the country to defend them. That firm failed to properly evaluate the nannies’ claims and advise the couple to settle the case. The firm also assigned three lawyers to the case who had never handled a single case with claims like the nannies were making. The firm failed to raise key defenses to the nannies’ claims, billed the couple more than $100,000 in legal fees, and lost the case. The nannies went to the press and the couple had to move from the area. The total value of the settlement was $305,670. The firm paid the couple $135,000 and waived its unpaid bill of $170,670. The firm still refused to admit any wrongdoing but the settlement gave the couple a sense of closure. The firm tried to add a confidentiality agreement to settlement but we were able to prevent that. Therefore, the couple will be able to tell anyone who brings up the news reports of the nannies’ claims that their lawyers paid them on their malpractice claim.

  • Confidential Settlement

    Our client was injured in an auto accident and hired a lawyer to represent her. The lawyer filed a lawsuit but failed to prosecute it. The court notified the lawyer it was going to dismiss the lawsuit. The lawyer failed to take appropriate action and the court dismissed the case. By that time the statute of limitations ran on the client’s case. The lawyer did not realize that and re-filed the lawsuit. The defense attorney did not notice the statute of limitations ran and answered the lawsuit. Amazingly, the lawyer failed to prosecute the second lawsuit and the court dismissed it again. The case settled for a confidential amount that allowed the client to recover the damages caused in the auto accident.

Medical Malpractice

  • 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.

  • Confidential Pre-Trial Recovery

    J. and D. 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.

  • Confidential Pre-trial Settlement for Defendant’s Policy Limits

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

  • $1,250,000 Verdict

    Multiple defendants misdiagnosed D. M.’s adrenal cortical cancer which, ultimately, resulted in his death at age 32. D.M. 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.

  • $2,013,000 Settlement

    M. 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, M.T.’s condition had advanced, requiring that a portion of her lung be removed, and that she undergo chemotherapy and radiation for metastatic lung cancer.

Premises Liability / Slip & Fall Injuries

  • Confidential Pre-Trial Settlement

    G. C. was a business invitee at K-Mart when she slipped on laundry detergent leaking from an over-loaded pallet display. G.C. 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.

  • Confidential Pre-Trial Settlement

    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.

  • $1,025,000 Recovery

    A gas station made changes to the entrance of its property and was supposed to repair part of the sidewalk, but it failed to do so. A young child was skateboarding down the sidewalk when his skateboard wheel caught in the damaged sidewalk. He was thrown into the street, hit by a car, and suffered serious personal injuries. The settlement represents the policy limits of the defendants. The damaged sidewalk was finally repaired.

  • $2,750,000 Recovery

    A large local boat dealer had an elevated platform built in its showroom. The platform was sold with railings and other safety features designed to prevent falls. The boat dealer failed to install the safety features and built the platform without any permits or inspections. Our client was looking at boats and fell from the platform because there was no safety railing to grab. She suffered a shoulder injury that required surgery and developed Reflex Sympathetic Dystrophy (RSD) which is also known as Complex Regional Pain Syndrome (CRPS). The case settled before trial.

  • $1,100,000 Settlement

    A store in Key West had broken bricks on the steps at the store’s entrance. The bricks were damaged over time by delivery men dragging heavy hand trucks up the steps. Rather than fix the bricks, the store exposed the public to the danger of falling on the bricks. Our client was vacationing in Key West and when she exited the store she lost her footing on the bricks and tore several ligaments in her ankle. She developed RSD/CRPS that spread from her ankle to her upper body and face. The case settled during litigation and the store had a new entrance built that was safe for people to walk on.

  • $3,000,000 Settlement

    A restaurant had open lit candles spread throughout the floor of its property. The candles gave the restaurant a romantic glow but they were dangerous and violated the life safety codes. Our client was on the restaurant’s patio when her dress was blown into one of the candles and caught fire. She suffered third degree burns over thirty percent of her body. She required multiple skin grafts and was badly scarred. The restaurant removed the candles and no other customer will be exposed to the danger of being burned.

  • $302,000 Settlement

    The neighbor of our young client allowed children to play in her garage. However, the neighbor stored her heavy metal storm shutters standing up against the garage wall with nothing securing them. One of the children hit the shutters and they fell and gashed open our young client’s face and hands. Our client had extensive plastic surgery to correct the wounds to her face. The neighbor’s insurance company paid the full amount of coverage available under its policy on the home. Our client reimbursed her health insurance for the bills it paid and she bought a pre-paid college plan. The settlement helped her secure her medical and educational future.

  • $768,000 Settlement

    Our client was misidentified as being involved in a dispute in a nightclub. The club allowed the men who misidentified the client to leave first. The bouncers then put the client out an alley door where the men were waiting to attack him. Our client suffered a broken jaw that required hospitalization and surgery, and the jaw will cause him problems for the rest of his life. The client had no health insurance to cover his medical bills. After a four day trial, the jury awarded our client $668,471.08. Our client was also entitled to recover costs and some attorney’s fees. The Defendant posted a $768,000 bond, appealed the judgment, and lost the appeal. A significant amount of interest and attorney’s fees accumulated on the judgment by the end of the appeal, so the bond company paid the entire $768,000 bond to settle the case. The settlement allowed our client to pay all of his medical bills and put money aside for future treatment. He was also able to buy a home and get a fresh start on life.

RSD / CRPS

  • $5,000,000 Arbitration Award with Confidential Pre-Trial Settlement

    B. 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)

Bad Faith Insurance

  • $132,500 Recovery on $25,000 Policy

    G. 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.

  • $200,000 Recovery on $25,000 Policy

    G. 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.

  • $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. S. underwent cervical spine surgery.

  • $610,000 Recovery on $10,000 Policy

    N. 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, N.O. 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, N.O. 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.

  • $900,000 Judgment on $25,000 Policy

    B. P. suffered severe brain injuries in a terrible automobile accident. Mr. P.’sright 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.

  • $8,500,000 Judgment on $10,000 Policy

    T. 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 T.H., 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

Auto Accidents

  • $132,500 Recovery

    G. 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.

  • $200,000 Recovery

    G. 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.

  • $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. S. underwent cervical spine surgery.

  • $610,000 Recovery

    N. 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, N.O. 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, N.O. 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.

  • $900,000 Judgment

    B. P. suffered severe brain injuries in a terrible automobile accident. Mr. P.’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.

  • $8,500,000 Judgment

    T. 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 T.H., 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.

  • $1,775,000 Pre-Trial Settlement

    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.

  • $345,000 Recovery on $110,000 in Coverage

    L. 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, L.M. suffered multiple injuries requiring surgery. The Defendants held a Bodily Injury policy of $100,000, and L.M. held an Uninsured Motorist policy of $10,000. Rather than simply accept those policies, Lawlor, White & Murphey worked to find additional coverage. As a result, an additional $100,000 was obtained from L.M.’s 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.

  • 450,000 Recovery

    R. 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, White & Murphey $200,000 for attorney fees and costs due to the Defendant’s unreasonable rejection of Plaintiff’s pre-trial offer.

  • $890,350 Settlement

    K. H. 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.

  • $3,300,000 Pre-Trial Settlement

    G. and J. 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.

  • $1,900,000.00 Pre-Trial Settlement

    The litigation team at Lawlor, White & Murphey 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 extremities or the left upper extremity 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.

  • $300,000 Pre-Suit Settlement

    M.H. 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 M.H.’s vehicle, and struck her from the rear. Bonomolo caused significant damage to Hernandez’s car, and an ambulance took M.H. to a local hospital from the accident scene. An MRI revealed the accident caused multiple herniated disks in M.H.’s back. M.H. underwent spinal surgery and suffered through more than a year of painful rehabilitation. During that time, M.H. missed a significant amount of work. M.H.’s 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.

  • $837,500 Pre-Trial Settlement

    H.M. was riding his motorcycle on Federal Highway in Hollywood, Florida when he was cut off by a driver 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, White & Murphey was permitted to bring a claim for Punitive Damages against both Handelman and Mazel & Co.

  • $1,336,593 Verdict

    Late one night our client was working as a heavy-duty tow truck driver on the side of I-95. Two cars were involved in a lane change accident. One car caused the other to spin out of control. The other car crushed our client between the car and the tow truck. Our client suffered multiple broken bones in his leg and pelvis. He went through a long painful recovery and had to take a lower paying job because he could not keep up with the physical demands of being a tow truck driver. One of the cars in the accident was a service loaner from a local dealership. The dealership argued the Graves Amendment prevented our client from suing the dealership. We obtained what appears to be the first ruling on this issue in Florida. The court ruled the Graves Amendment does not apply to service loaners. The jury’s verdict made up for our client’s lost wages and the harm he suffered.

  • $300,000 Settlement

    A man was not paying attention while he was driving and struck our client’s car from the rear. Her car was totaled and she was taken to the hospital for her injuries. An MRI showed multiple herniated discs in her back. Our client suffered through more than a year of painful rehabilitation and she missed a significant amount of work. The other driver’s insurance company settled our client’s claim for the full amount of his insurance policy. This case is a great example of how Florida’s laws regarding insurance bad faith resulted in the best possible settlement for our client.

  • $345,000 Settlement

    A company failed to have workers’ compensation insurance for its employees who were involved in an auto accident. However, the company’s owner titled the truck the employees were riding in his name. A young man speeding in his father’s Corvette hit the truck and injured our client. Our client suffered multiple broken bones requiring surgery. The young man’s father had a $100,000 insurance policy and our client had $10,000 in underinsured motorist coverage. Rather than accept those policies, we looked for additional coverage. The insurer of the truck our client was injured in failed to have a proper rejection form for uninsured motorist coverage. Therefore, we were able to get another $100,000 from the truck’s insurance. We also learned the young man’s parents were divorced and he lived half of the year with each parent, so we recovered another $100,000 from the young man’s mother’s insurance policy. We also required financial affidavits from the young man’s parents and discovered the father was a high wage earner. We were able to recover another $35,000 personally from the young man’s father. Our client’s medical bills would have taken almost all of the $110,000 in initial coverage. By being patient and looking for additional coverage and assets, we were able to more than triple the client’s recovery and help him get through his injuries despite his employer not having workers’ compensation insurance.

  • $837,500 Settlement

    Our client was struck on his motorcycle by a man driving a car leased by his employer. The accident left our client with a back injury that required surgery. The driver was arrested for DUI, but the charges were dropped because the arresting officer was caught falsifying a DUI claim in an unrelated case. Our client was allowed to make a claim for punitive damages against the driver and his employer. The client’s surgery corrected what could have been a life-threatening injury, but the client was not able to work like before the accident. A portion of the settlement was placed into an annuity and the client will receive a monthly check for the rest of his life.

Product Liability

  • $100,000 Settlement

    A man working as a lifeguard suffered a partial amputation of his right middle finger that was caused by a poorly designed handle on a surf rescue board. We ensured the board was preserved as evidence, and discovered similar injuries occurred before on similar rescue boards. We continued to investigate the case and were able to settle it without having to file a lawsuit. Because we did not have to file a lawsuit we were able to keep the fees and costs down for the client.

  • $249,900 Settlement

    Three wheeled all terrain vehicles (ATVs) were popular in the 1970s and 1980s. Over time the four wheel design became more popular. One problem with the three wheel design is that it would often not turn safely in loose dirt and sand. That problem was called “plowing.” Our client was riding his friend’s three wheeled ATV when it plowed in loose dirt and caused him to hit a tree. He suffered a shoulder injury that required surgery. We were able to settle the case during litigation. The settlement allowed our client to repay Medicaid for the treatment it paid for and to set up a fund for his future needs.

Class Actions

  • Settlement

    A chain of South Florida medical clinics were overcharging patients for copies of medical records and our client was one of the victims of the overcharging. A class action lawsuit was filed against the medical clinics under Florida’s Deceptive and Unfair Trade Practices Act. We were able to get the medical clinics to refund 100% of the amount it overcharged each class member and pay our attorney’s fees and costs separately. Therefore, the class members did not pay any attorney’s fees or costs from their refunds. The settlement also benefits other members of the community because the medical clinics agreed to never overcharge for medical records in the future.

  • Settlement

    A Fort Lauderdale towing company had a policy of only accepting cash from people whose cars were towed. The towing company also refused to provide change when people would pay to pick their cars up. A class action lawsuit was filed against the towing company. We were able to get the towing company to refund the illegally withheld change, post a sign in its lobby informing towing victims of their rights, and the company agreed to stop its illegal practices. The settlement will protect all future people whose cars might be towed by the company. The towing company also agreed to pay our attorney’s fees which further benefitted the class members.

Appeals

  • Space 34, LLC v. Lopez

    This was an appeal of a judgment entered after a jury trial. During the trial, the court limited the testimony of one of the defendant’s experts. The defendant also claimed we made improper closing arguments and there were errors in the jury instructions. The Third District Court of Appeal quickly issued a PCA which means it affirmed the judgment without an opinion. The client collected every penny of the judgment. 2014 WL 1493563 (Fla. 4th DCA April 16, 2014).

  • Bender v. Caregivers of America, Inc.

    A nursing agency sent our client a home health aide who was supposed to drive our client around town. The brakes on the aide’s car were not working properly and our client was injured in an auto accident. We sued the nursing agency and it argued it was not liable based on documents the client signed. The trial court entered summary final judgment for the nursing agency. We argued the documents were no defense to our client’s negligence claims. The Fourth District Court of Appeal agreed ruled an agreement to release someone from a future claim of negligence must include the word “negligence.” 42 So. 3d 893 (Fla. 4th DCA 2010).

  • Ginsberg v. Northwest Medical Center

    Our client sued a doctor, the doctor’s employer, and the hospital when he lost a kidney during a stone removal procedure. The trial court granted summary final judgment for the hospital on the client’s agency claims because of documents the client signed when he was in excruciating pain and on pain medicine. The forms stated in small print the hospital was not responsible for the doctor, even though the facts suggested the doctor was acting for the hospital. The trial court also improperly relied on unauthenticated documents when it entered the judgment. The Fourth District Court of Appeal reversed the trial court’s ruling. This case should have far-reaching consequences regarding hospitals that try to avoid liability for the doctors who practice in them. 14 So. 3d 1250 (Fla. 4th DCA 2009).

  • Bender v. F.H.C.S., Inc.

    This was another appeal of a different defendant in Bender v. Caregivers. In this appeal, the trial court granted another summary final judgment based on the same defective agreement. Before the first brief was filed, we told F.H.C.S. the prior ruling in Bender v. Caregivers made this appeal frivolous, and we would seek sanctions for the frivolous appeal. In a rare move, F.H.C.S. filed a Confession of Error in the appellate court and our client won the appeal. Many appeals to the Fourth District Court of Appeal take more than eighteen months for a decision. Mrs. Bender was in her nineties and this was the second appeal in her case. Waiting that long for another decision was not an option. 46 So. 3d 1108 (Fla. 4th DCA 2010).

  • Guarneri v. Nussbaum

    Our client sued a doctor for medical malpractice committed during surgery. After months of litigation, the trial court struck the doctor’s pleadings for multiple discovery violations. The doctor appealed the ruling to the Fourth District Court of Appeal. We argued the court lacked jurisdiction to hear the appeal. The Fourth District Court of Appeal agreed and within two weeks of oral argument it dismissed the case lack of jurisdiction. 40 So. 3d 925 (Fla. 4th DCA 2010).

Lawlor, White & Murphey Firm Results

Pursuant to Florida Bar Rules 4-7.13 and 4-7.14, if you are interested in viewing information about Lawlor, White & Murphey’s past results and testimonials about the firm, please read and acknowledge the information below. The information in this section contains information about Lawlor, White & Murphey’s past results, testimonials about the firm and its lawyers and statements regarding the firm’s quality. The information has not been reviewed or approved by the Florida Bar.

You should know that:

The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided.

All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials.

The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Where dollar amounts are provided, please be advised such figures represent the gross amount recovered, which may include attorney fees, costs of presenting the claim or case, medical bills, and other liens. The client’s portion of any listed recovery was significantly less than the gross amount provided. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.

Notable Cases and Firm Results for Fort Lauderdale Personal Injury Lawyers Lawlor, White & Murphey

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 that are proportionate with the pain and suffering that might have happened during this difficult time. While nothing can replace the loss of a loved one or the pain a family member, friend or even yourself may have endured, we want you to have the confidence that we will do our best to fight the wrongdoing done to you. We know that no experience is alike, and no client has the exact same needs. At Lawlor, White & Murphey, we don’t believe in “cookie-cutter” cases, but building a customized approach around you.

You are important – at Lawlor, White & Murphey we believe every client deserves justice.

If you have questions about any type of case, please don’t hesitate to contact us.

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