ANOTHER TRIAL...ANOTHER GREAT OUTCOME!

 

Suit for property damage seeking $8.6 million as a result of repeated and continuing water intrusion into the plaintiff’s penthouse condominium from the common elements. Julio C. Acosta represented Defendant, Ocean Three Condominium Association, Inc., which Plaintiff alleged had breached its statutory duty under F.S. 718 to maintain the common elements of the condominium.  The Co-Defendants were the building’s developer and general contractor, which Plaintiff alleged breached their implied warranty of habitability, thereby causing the same damages. Defendant Association had filed an Offer of Settlement in the amount of $300,000.00 prior to trial.

At trial, the Plaintiff testified the penthouse unit had been bought in December, 2003 as an investment which he intended to sell at a profit, but due to multiple instances of water intrusion, including two caused by a rooftop Jacuzzi above the penthouse, and others caused by roof leaks and inadequate waterproofing of the building envelope, the penthouse now had no value and was unsellable. Co-Defendant’s position was that the association became responsible once the building was turned over to them. Defendant Association countered that the water intrusion events were the result of construction defects that the Defendant developer and contractor had assumed the responsibility of repairing

After three weeks in trial, and the testimony of numerous structural engineer’s, mold experts, and appraisers, Plaintiff and Defendant Association were able to reach a confidential settlement on the eve of closing arguments in an amount VERY near to the amount of the Defendant’s proposal for Settlement. Under F.S. Chapter 718, the prevailing party would be entitled to attorneys fees. According to counsel for the Plaintiff, by the conclusion of trial they would have had at least $1,000,000.00 in attorney’s fees. The next day, the jury returned a verdict against Co- Defendant Developer/Construction company, in the amount of $2,050,000.00.

 

 

ANOTHER DEFENSE VERDICT!!!! THAT'S 2, IN 3 MONTHS...

On 11/12/09 Julio C. Acosta obtained another Defense Verdict in a trip and fall accident with a fractured patella and humerus, with a $100k proposal for settlement.

Plaintiff alleged that the Defendant, property management company for the condominium building in which she and her husband reside, negligently maintained the premises, causing a crack in a tile of the elevator lobby of the floor on which their condominium unit is located, where upon she tripped and fell.  The Plaintiff sustained comminuted fractures to the left kneecap and right humerus, the latter of which produced impingement in her shoulder that limited the range of motion in her right arm.  The Plaintiff’s expert orthopedist testified that she would require cortisone shots in her knee and recommended surgery to reduce the impingement in her right shoulder, at a cost of $8,000.00 per year and $25,000.00, respectively. Plaintiff’s husband sued for loss of consortium. 

At trial, the Plaintiffs also presented an expert liability witness, who testified that the Defendant was negligent in its failure to install a metal transition strip between the border of carpeting on the floor and the tile which was cracked, and that the lack of this transition strip directly led to the tile cracking.  Defendant countered that it had no prior notice of the condition of the floor, despite regular inspections of the condition of the premises, and that it was impossible for the accident to have occurred in the manner that the Plaintiff stated it had. The Defendant further alleged that the Plaintiff was contributory in negligence by virtue of her poor eyesight and her admission that she had not been wearing her glasses on the date of loss, and that the Plaintiffs’ expert was not qualified in floor tile installation or maintenance.

Plaintiff asked the jury for $900K, and the jury returned a verdict for the Defendant. Defendant’s motion for Attorneys fees is pending.

 

DEFENSE VERDICT FOR ACOSTA STROMMEN!

Ronald J. Castro v. Bernard Darvel Woods

Defendant Represented by: Julio C. Acosta, Esq.

Plaintiff Represented by:  William C. Ruggiero, Esq.

The Plaintiff alleged that the Defendant, the driver of a cement truck, negligently operated the truck while making a right-hand turn into a roadside construction site so as to strike another car (driven by the Fabre Defendant), which in turn collided with the Plaintiff’s vehicle.  The Plaintiff sustained a significant tear of the lateral meniscus in his left knee, which required arthroscopic surgery, a total knee replacement was later recommended. Past medical damages totaled in excess of $53,000.00.  The Defense had the liability and damages bifurcated, and the trial was held solely on the issue of liability.

The Fabre Defendant testified that the Defendant’s truck appeared to be stopped in the left-hand turn lane, while she proceeded straight ahead in the thru lane before colliding with the truck.  The Defendant countered that Fabre Defendant was herself the cause of the accident because she attempted to pass the Defendant on the shoulder of the road and based upon her admission at the accident scene that she was late for work and had been in a hurry

VERDICT:  DEFENSE VERDICT (30 minutes, 7/28/2009)

Prior to the commencement of trial, the Defendant timely served a proposal for settlement in the amount of $5,000.00, which was rejected.  The Motion for Attorney’s Fees and Costs is now pending.

 

Jury returns verdict for half of our proposal for settlement!!!

The Plaintiff alleged a torn rotator cuff and laceration to the forehead after tripping and falling on uneven pavers in a driveway located at her son’s condominium building. The Plaintiff underwent arthroscopic surgery for a tear of her right rotator cuff muscle. Plaintiff’s orthopedic surgeon, Dr. Stanziola, testified that the Plaintiff would need shoulder replacement surgery in the future. Besides the Defense’s argument that the condition was open and obvious, the Plaintiff suffered from Diabetic Neuropathy. This condition causes loss of feeling, and numbness to the lower extremity.  Plaintiff filed a proposal for settlement in the amount of $300,000.00 for plaintiff and $10,000.00 for her husband.  Defendant filed a proposal in the amount of $75,000.00 as to both Plaintiffs. The jury retuned a verdict for the Plaintiff of $200,000.00 and found the Plaintiff 75% liable and the Defendant 25% liable. 

Final verdict: for the Plaintiff, (after set offs) $41,000.00, almost half of our Proposal!!!

Trial Date: August 2008

Defense Attorneys: Julio C. Acosta and Jill M. Strommen

 

Acosta Strommen is now AV Rated!

Julio C. Acosta, managing partner, for the firm has just obtained an “AV” peer review rating. The Martindale-Hubbell Peer Review Rating system is the predominant rating system for attorneys. Lawyer ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability. An AV rating signifies that peers rank him at the highest level of professional excellence. A lawyer must be admitted to the bar for 10 years or more to receive an AV rating.

 

Acosta Firm Wins Workers Compensation Trial!

Rafael Dj Pozo, a partner with our firm, recently won a final hearing in a workers compensation case. Mr. Pozo has

previously been recognized by the South Florida Legal Guide as one of south Florida’s top up and coming attorneys .

The Claimant filed suit as a result of a work related injury. Although the Claimant had treated with other doctors who did not find any further treatment was necessary, the Claimant was seeking a second opinion with a new doctor. Mr. Pozo argued that the Cliamants’s

request was not reasonable or medically necessary and the judge agreed entering a verdict in favor of the Employer/Carrier.

 

Slip and fall case, DISMISSED!

Jill M. Strommen, a name partner with our firm, managed to recently have a slip and fall case at a restaurant in New Port Richey dismissed as a result of the Plaintiff attorney’s failure to file a notice of substitution.

The Plaintiff filed suit as a result of a slip and fall in the bathroom of the restaurant claiming the floor was wet and no signs were posted. As a result of the fall, he was claiming to have sustained a bulging discs at the -C4-5 through C5-6 levels and demanded $100,000.00 to settle. During the course of litigation, the Plaintiff passed away for reasons unrelated to our accident. Under Florida Rules of Civil Procedure, the attorney has 90 days from the time we file our Suggestion of Death to find a legal substitute, such as the personal representative of the estate, or the suit shall be dismissed.

The dismissal is without prejudice. However, if the Statute of Limitations has already run, then it is as if the dismissal is with prejudice.

 

ACOSTA FIRM RECOVERS $61,812.85 IN FEES / COSTS AFTER DEFENSE VERDICT!!

Back in our 2007 November newsletter, we had reported that Julio C. Acosta and Rafael DJ Pozo of Acosta Strommen obtained a defense verdict on behalf of Grove Harbour Condominium Association on October 2, 2007.

The Plaintiff alleged that a leak from his neighbor’s toilet in the guest bathroom, upstairs, damaged a valuable painting he had stored in one of his bathrooms below. The painting was said to have been worth $100,000 at the time of the damage and $150,000 - $200,000 at the time of trial.

The Defendants in turn, sued Grove Harbour Condo. Assoc. (herein after “the Assoc.”) alleging if a leak did come into Pernetti’s unit, it was from a common element of the condominium building which was required to be maintained by the Assoc. and not them. The Defendant, Goodmans, sued the Assoc. as a third party defendant, for indemnity, breach of declaration of condominium and breach of the condominium statue.

The Jury deliberated for 5 hours, and returned a verdict in the amount of $37,500.00, finding that the Goodmans’ were 75% at fault for the damage, and the plaintiff was 25% at fault for the damage to his own painting. The Jury attributed no fault whatsoever to the Assoc. and the firm was able to obtain a full defense verdict in favor of the Assoc.

Recently, the court heard third Party Defendants, Grove Harbour Condominium Association, motion for attorney’s fees under F.S. 718 and the Condominium Declarations. The Court Granted all of Grove Harbour Condominium’s attorney’s fees and costs which totaled over $61,812.50. The motion was argued by Rafael DJ. Pozo of our firm.

 

Another DEFENSE VERDICT for the Acosta firm!

Pernetti v. Goodman v. Grove Harbour Condominium Association

Tried by Julio C. Acosta and Rafael dJ. Pozo of Acosta Strommen 9/25-10/2.

Party represented: Grove Harbour Condominium Association

Claim for damage to a rare painting. The Plaintiff alleged that a leak from his neighbor’s toilet in the guest bathroom, upstairs, damaged a valuable painting he had stored in one of the bathtubs in his unit below. The painting was said to have been worth $100,000 at the time of the damage and $150,000 - $200,000 at the time of trial. The Defendants in turn, sued Grove Harbour Condo. Assoc. (herein after “the Assoc.”) alleging if a leak did come into Pernetti’s unit, it was from a common element of the condominium building which was required to be maintained by the Assoc. and not them. The Defendant, Goodmans, sued the Assoc. as a third party defendant, for indemnity, breach of declaration of condominium and breach of the condominium statute.

The Assoc. defended the case by arguing that there was no evidence that the leak originated from a common element of the building, but rather that all evidence pointed towards the leak having originated from a pipe connected to the Goodmans’ toilet and that said pipe was not a common element for which maintenance was required by the Assoc. In support of the Assoc.’s position was the testimony of the plumber who fixed the Goodman’s toilet on the date of the alleged leak.

The Goodmans’ primary defense was that the plaintiff himself was negligent because at the time the painting was damaged it was being stored in the plaintiff’s bathtub. Additionally, they argued the Assoc. was responsible as it was a common element.

The Jury deliberated for 5 hours, and returned a verdict in the amount of $37,500.00, finding that the Goodmans’ were 75% at fault for the damage, and the plaintiff was 25% at fault for the damage to his own painting. The Jury attributed no fault whatsoever to the Assoc. and the firm was able to obtain a full defense verdict in favor of the Assoc.

The Assoc.’s motion for attorney’s fees under F.S. 718 and the Condominium Declarations is currently pending before the court and scheduled to be heard in December.

 

New Worker's Comp. Law limiting attorneys fees repealed? Not yet!

In a recent article put out by the Daily Business Review, the new worker’s compensation law was addressed. According to the claimant attorneys, the new law caps attorney fees payable for representation of injured workers at levels that make it impossible for them to take on these cases and be paid a reasonable amount for the legal work that was done . Numerous lawyers claim that the law is unconstitutional because it limits a person’s right to freely contract with an attorney and defies the constitutional separation of powers doctrine. For the past two years, lawyers have approached the 1st District Court of Appeal (this court oversees all compensation court appeals) to get approval for higher fees for their work spent on these cases. Although that court has turned them down repeatedly, they have brought this issue to the Florida Supreme Court five times this year as a question of great public importance. The Supreme Court has not accepted any cases challenging the fee cap as

of yet.

 

Jill Strommen Co-hosts TV Production of Vision: Miami, "A Mayor, an Entrepreneur, an Artists, and a Vision for a City!"

Jill Strommen, a name partner with the firm, co-hosted the TV production of Vision:Miami on October 19, 2006, “A Mayor, an Entrepreneur, an Artist, and a Vision for a City!” Ms. Strommen who co-founded Vision:Miami with a friend in 2002 has seen the group which started with just three people now become a TV production. Vision:Miami was founded to bring the business world together with the artistic world around the common objectives of building relationships, exchanging value, and supporting each others visions.

On October 19, 2006, Miami Beach mayor, David Dermer discussed his creation of a Cultural Arts Neighborhood District Overlay (CANDO) to protect and enhance the beaches many cultural facilities. Within CANDO, there will be initiatives and incentives to attract art related businesses and to explore methods to provide more affordable housing.

Vision:Miami was voted the “best networking group” by Miami Sunpost.

 

New Format for Public Hearings Implemented by Florida Office of Insurance Regulation

Kevin McCarty, Florida’s Insurance Commissioner annouced a new format for public hearings as well as plans to broadcast future hearings on cable television. This format was developed by OIR and is similar to one format used in workers’ compensation rate hearings. The new format allows insurance representatives to be questioned by OIR staff, in addition to consumer advocates, and representatives from consumer organizations.

OIR is also trying to broadcast the hearings on the Florida Channel for interested stakeholders and policyowners that do not wish travel to the hearings.

 

Julio Acosta Attends American Airline's "Special Tribute to Florida's Premier Lawyers Show"

Recently Mr. Acosta was invited as a guest to appear on Sky Radio Network's show entitled "Special Tribute to Florida's Premier Lawyers Show". The show appears on all American Airline's 29.000 worldwide, audio-equipped, flights to it's 4.2 million monthly passengers. It has several attorneys viewed as the state's pre-eminent legal minds. The list is compiled by contacting hundreds of attorneys in each of the specialities and asked which lawyer in their field they would trust with their business other then themselves.

Mr. Acosta was chosen to discuss the topic of Insurance and Self-insured Defense law.

 

Florida Cracks Down on Auto Insurance Fraud

On June 26th, Governor Jeb Bush signed anti-fraud legislation with the hopes of decreasing auto insurance fraud. This new legislation enhances the penalties on auto insurance fraud in cases where the accidents do not really occur, making them second-degree felonies. Other penalties include revocation of the drivers license. Fraud has driven up insurance rates in the past years, and this legislation is an effort to decrease these rates.

 

Dade County Courthouse Restoration Project

Acosta Strommen is proud to announce their contribution to the Dade County Courthouse Restoration Project. The existing courthouse was built in 1925 and served as both the Dade County Courthouse and the Miami City Hall, with the first six floors dedicated to the Courts. The restoration project aims to fully restore one of the original courtrooms. Acosta Strommen is excited to be a part of this historical renovation.

 

Acosta Strommen Attends 40th Annual Miami Dade County Judicial Reception

On April 27, 2006, the Acosta firm attended the 40th annual Judicial Reception for the Miami Dade County Bar Association. There, they met and spoke with the Circuit Court Judges for Miami Dade County as well as lawyers in all other fields throughtout Miami Dade County.

 

Joint and Several Liability Abolished in Florida

Florida Statute 768.81 which previously stipulated a possiblity for a party in a multi-defendant lawsuit to be forced to pay a majority, if not all, of the verdict regardless of the amount they were faulted was amended on Wednesday, April 26th by Florida Governor Jeb Bush.

The changes were made so that people and businesses were held accountable according to the responsibility they held in the injury or loss as opposed to their financial ability to pay.

Under the old "joint and several liability" law, a level of liability was allowed to be assessed to a defendant no matter their level of fault. With this, a defendant could be forced to pay full damages even though they were only marginally repsonsible. This new legislation removes a number of exceptions that previously existed, allowing for proportional liability based on the percentage the defendants were at fault.

 

Defendant's Motion for Summary Judgement is GRANTED

Facts: Narda Ceballos was injuried in a car accident and went to Napoli Chiropractic Center for treatment where she signed an assignment of benefits. She failed to attend two Independent Medical Evaluations (IMEs) as well as failed to report the motor vehicle accident to her insurance company, Star Casualty.

Due to complete breach of the insurance contract, Acosta Strommen prevailed on their Motion for Summary Judgement in the PIP suit of Narda Ceballos v. Star Casualty. The judge held that the insured's failure to comply with the provisions of the insurance policy relieved Star Casualty of any and all duties to pay the medical bills the insureds incurred related to this accident.

 

Acosta Strommen Attends Annual Jorge Mas Canosa Freedom Foundation Golf Tournament

On March 25, 2006, the Acosta firm participated in the Jorge Mas Canosa Freedom Foundation Golf Tournament. The firm's donation of $2,500 goes to scholarships for underprivileged children. Julio C. Acosta, Michele Rivera, Chris Tyrrell, and Andrew Decker comprised the team of four that played that day. The rest of the attorneys came out in support of the Foundation and volunteered. We all had a great day and were so glad to be part of a terrific cause.

 

DEFENSE VERDICT for Dollars Rent a Car!

Jury Trial Date: February, 2006

Judge: Barry Goldstein

Broward County Case No.: 04-008180 11

CHARLES CIRRONELLA and MARY CIRRONELLA vs. DOLLAR RENT-A-CAR, Inc.

Attorneys for Defendant: Julio C. Acosta and Jill M. Strommen

MECHANICAL DEFECT LIABILITY. Plaintiffs who rented a vehicle from Dollar Rent-A-Car, Inc. ("DOLLAR"), filed suit against DOLLAR claiming that it failed to properly maintain the tires on the subject vehicle by allowing the tire tread to wear down too low. This according to the Plaintiffs caused the subject vehicle to hydroplane as they attempted to maneuver a curve on the southbound ramp onto Westbound SR 84 causing the subject vehicle to cross two lanes of traffic where a T-bone collision resulted. The Plaintiffs made a demand of $1,250,000.00 at mediation and $1.5 million at the commencement of trial. Medical expenses totaled over $200,000.00. DOLLAR had the liability and damages bifurcated. Thus, the trial centered only on liability.

DOLLAR counter sued for property damages and indemnification as both Plaintiffs were claiming injuries.

DOLLAR settled the Counterclaim with the Plaintiffs' carrier for $10,000.00 (the amount of the property damage to the vehicle) immediately prior

to trial.

At trial, the Plaintiffs focused on the tire tread and Dollar's maintenance of their fleet as well as their policies and procedures throughout the five (5) day trial. Testimony was heard from both sides from tire experts, accident reconstructionists, and fleet/rental industry experts.

Defense argued the Plaintiffs were lost and looking for another ramp, which they had missed. Also, an argument was made that the ramp was difficult to manuever and poorly designed by FDOT. FDOT was also listed on the verdict form.

Verdict: Defense Verdict

 

Acosta Firm Wins Trial on DIRECTED VERDICT!

Jury Trial Date: August, 2005

Miami-Dade Co. Case No.: 0227241 CA 11

Judge: Robert Scola

MARGARITA CARRASQUERO vs. ABEL DIAZ and ETHAN’S AUTO EXPRESS, INC. Defendant,

Ethan’s Auto Express, Inc.’s, Attorneys: Julio C. Acosta and Chris Tyrrell

VICARIOUS LIABILITY. Plaintiff filed suit against Abel Diaz as the driver of the vehicle and Ethan’s Auto Express, Inc., (“Ethan’s”) as the owner, for injuries exceeding $100K in medical expenses as the result of a t-bone collision, where the driver fled the scene of the accident and Plaintiff had no liability.

Defendant Abel Diaz was represented by other counsel and argued theft of the vehicle prior to the accident. Ethan’s argued that the vehicle was not transferred to them until subsequent to the accident and that Abel Diaz was the “beneficial owner”.

The subject vehicle was transferred from Randall Auto Financing (who Plaintiff voluntarily dismissed on the first day of trial) to Ethan’s. The issue with regards to Ethan’s, was whether the transfer occurred prior to the date of accident or following same and whether they were the beneficial owner. A Bill of Sale with a date prior to the accident was introduced at trial. Additionally, testimony presented by all of the witnesses indicated the vehicle was being purchased by Ethan’s for Abel Diaz and was transferred to him by Ethan’s following the accident, as evidenced by another Bill of Sale introduced at trial. Testimony also revealed Abel Diaz negotiated the price and paid for the vehicle and that Ethan’s never took possession of same.

Verdict: Ethan’s auto succeeded on a Directed Verdict on the issue of beneficial ownership.

 

Acosta Strommen Co-Sponsors FWCI Convention

Acosta Strommen this year Co- Sponsored The Florida Workers Compensation Institute Convention in Orlando, Fl by retaining a booth in the exhibition hall August 21-24, 2005. Julio Acosta and Associates attended the convention.

Thanks to all of you that came by our booth, it was great to see some old friends and meet some new ones.

 

Acosta Strommen Sponsers 30th Annual Florida Rims Educational Conference Networking Raffle

Julio Acosta And Jill Strommen attended the 30th Annual Florida Rims Educational Conference held August 1-5, 2005 in Naples, Fl. The firm co- sponsored the networking raffle and the reception by providing 2 large gift baskets each including a 50 gift certificate to Outback Steak House.

 

Acosta Speaks at Broward RIMS

September 17, 2003 -- The Broward County Chapter of the Risk and Insurance Management Society, Inc. (RIMS) hosted Julio Acosta as featured speaker, September 17th. The topic of Acosta's informational presentation was "Lawsuits... When to Hold and When to Fold," and included guidelines for evaluating the worth and viability of a case.

RIMS was founded in 1950, and represents nearly 4,800 industrial, service, nonprofit, charitable, and governmental entities. The Society serves as "a proactive voice on behalf of risk managers, supporting their function and enhancing their profile as vital elements in organizational success." s