Defending
Your
Drivers

The driver of a rental vehicle was involved in a car accident, fatally injuring a husband and wife, who were driving in their car. The tortfeasor was arrested for DUI; however, the legitimacy of the blood draw and testing were questioned by the tortfeasor and his attorneys. After much litigation and expert discovery, our office prevailed in a federal declaratory action filed on behalf of the rental car company and its insurer, with summary judgment entered in its favor. The court ruled that the tortfeasor was, in fact, intoxicated at the time of the accident and that the intoxication exclusion in the insurance agreement was valid and not against public interest. 

The Plaintiffs claimed serious bodily injuries as a result of a motor vehicle accident, alleging that the Defendant improperly made a left-hand turn directly in front of them, violating their right of way. Our client claimed that he had a left green arrow, suggesting the Plaintiffs entered this intersection on a solid red light. Through intense discovery, light sequencing and investigation, our office was able to present forensic evidence at trial that proved that the Plaintiff entered the intersection on a solid red light. A defense verdict was returned for our client in under 30 minutes.

The Plaintiffs sustained serious injuries from a motor vehicle accident, with both eventually undergoing surgical intervention.  They claimed that our client improperly turned left in front of them at an intersection. The Plaintiffs maintained that they entered this intersection on a solid green light, whereas our client claimed he turned on a left green arrow, and that the Plaintiffs ran a red light. At trial, our office successfully proved to the jury that the driver of the Plaintiff’s vehicle had visual problems, and likely could not perceive the color of his traffic signal given his direction of travel, lighting and recent medical treatment for his eyes.  Our team put on forensic evidence to show the jury the significant reaction time the Plaintiff would have had to have avoided the accident and that his failure to do so is more evidence that in fact he simply did not see that his light was red due to visual problems. A defense verdict was returned.

The Plaintiffs alleged that they suffered neck and back injuries following an accident. In their depositions and answers to interrogatories, they denied sustaining any similar injuries before the subject accident. Discovery revealed that both Plaintiffs had sustained neck and back injuries in the past for which they sought treatment and filed claims. We filed a Motion to Dismiss for Fraud, Plaintiffs’ counsel withdrew and the matter was dismissed.

County of Cumberland New Jersey v. Kwap, 220 So. 3d 1207 (Fla 4th DCA 2017): New Jersey county’s affidavit, that refuted the allegations in prisoner’s complaint, shifted the burden back to prisoner and required the court to look beyond the allegations in prisoner’s complaint, alleging that he was injured in accident while in van owned and operated by international prisoner extradition company, that was hired by county to transport prisoner from Palm Beach County to New Jersey, and court erred when it did not consider county’s affidavit and stated that the allegations in complaint, if true, provided basis to invoke Florida’s long-arm jurisdiction over county. Case dismissed by trial court on remand and dismissal was upheld on second appeal.