Notable Results

We are proud of the results we have achieved over the years on behalf of our clients, and have provided some examples here.

Terrance H. v. Bernice Volz Insurer Bad Faith/Motor Vehicle/”Dart-out” $8,500,000.00.  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 $10,000.00 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Bruce G. v. Pescia, Russo and GEICO  Motor Vehicle Accident $5,000,000.00 Arbitration Award with confidential Pre-trial settlement. 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 Motor Vehicle Accident $3,300,000.00.  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.

Sandra M. v. Ristorante Bova Premises Liability $3,000,000.00. 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  $2,750,000.00.  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).

Michelle T. v. Various Health-Care Providers Medical Malpractice $2,013,000.00.  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.  Medical Malpractice $1,250,000.00.  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 $250,000.00 policy of insurance and his insurer, rather than defend a Bad Faith action, paid the Judgement.

Zachary H. v. Moraczewski, M.D. Medical Malpractice Confidential Pre-trial Settlement for Defendants policy limits.  Zachary H. suffered birth related brain injuries due to the Defendant OB/GYN’s negligence.

Guerline G. v. Bethesda Memorial Hospital Medical Malpractice/Negligent Infliction of Emotional Distress Confidential Pre-trial Settlement. 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.

Bronson B. v. New Millennium Entertainment Corp. Negligent Security, Negligent Hiring/Retention/Training $1,036,000.00.  Bronson B. was a guest at defendant’s nightclub when he was attacked by club employees, and suffered a traumatic brain injury.

Estate of Michael D. v. Universal Overseas Investment, Inc. Dram Shop/Motor Vehicle Accident Confidential Pre-trial Settlement.  Michael 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 Michael D., and grievously injuring the back-seat passenger.  The defendant owned an operated a gas station that supplied beer to the underaged driver.

Benedetto P. v. Sharon Turner Insurer Bad Faith/Motor Vehicle Accident $900,000.00.  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 $25,000.00 policy of insurance presuit, resulting in a bad-faith lawsuit which subsequently settled for a confidential amount.

Kimberly H. v. Trugreen Limited Partnership & Benjamin McCallum Motor Vehicle Accident $890,350.00. 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.

Natacha O. v. Raymond O., et.al.  Insurer Bad Faith/Motor Vehicle Accident $610,000.00 Recovery on a $10,000.00 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 $10,000.00 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 $600,000.00 as to her grandparents.  The insurance carrier made the business decision to pay these capped amounts rather than litigate the inevitable bad faith case.

Rafael P. v. Lyon’s Towing Motor Vehicle Accident $450,000.00 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 & Justice $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.  Motor Vehicle Accident $345,000.00 Recovery on $110,000.00 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 $100,000.00, and Luis held an Uninsured Motorist policy of $10,000.00.  Rather than simply accept those policies, Lawlor, Winston & Justice worked to find additional coverage.  As a result, an additional $100,000.00 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 $100,000.00 policy limit should be doubled, ultimately recovering $100,000.00 on behalf of each parent.  Before accepting the $200,000.00 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 $35,000.00 to the settlement.

T.W. v. Feaman  Dog Attack $300,000.00.  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.

Scott S. v. State Farm Insurance  Insurer Bad Faith/Motor Vehicle Accident $275,000.00 Recovery on $25,000.00 Uninsured Motorist Policy. Mr. S. sustained a herniated disk in his neck 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 Insurer Bad Faith/Motor Vehicle Accident $200,000.00 Recovery on a $25,000.00 policy.  Greg H. was rear-ended in his family van by Lisa Lipfield, who held a $25,000.00 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 her limits of insurance presuit, and ultimately paid the sum of $150,000.00 at mediation due to bad faith exposure.  An additional $50,000.00 was paid by Mr. H.’s underinsured motorist carrier.

Gerald Y. v. Jurgens, et al  Insurer Bad Faith/Motor Vehicle Accident $132,500.00 Recovery on a $25,000.00 policy.  Gerald Y. was rear-ended by Kyle Jurgens, who held a $25,000.00 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 $112,500.00 at mediation due to bad faith exposure.  An additional $20,000.00 was paid by Mr. Y.’s underinsured motorist carrier.

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