INSURANCE - MIAMI-DADE CIRCUIT COURT Homeowners' Water Damage Claim Rejected Over Covered Peril A judge rejected three homeowners who claimed their insurer improperly denied a property-damage claim. In 2015, Sandra Gonzalez, Yean Gonzalez and Jose Perez claimed their Miami home in Miami sustained water damage from a roof leak and filed a claim with their carrier, Citizens Property Insurance Corp., to cover the water damage. Citizens Property denied the claim, and the plaintiffs sued for breach of contract. After plaintiff’s counsel rested its case, the defense moved for a directed verdict. The defense argued the plaintiffs failed to meet their burden[...]
MEDICAL MALPRACTICE - BROWARD CIRCUIT COURT Cardiologist Cleared in 41-Year-Old Patient's Death A jury decided a cardiologist was not liable in the death of a patient he was treating at a hospital. Lisa Macko, 41, a mother of two, died from cardiac arrest on July 8, 2014, a day after she went to a hospital emergency room complaining of severe chest pain. She was seen by an on-call cardiologist, Dr. David Jurkovich. Macko’s estate sued Jurkovich, alleging he failed to diagnose spontaneous dissection of the coronary artery, a known postpartum condition. The defense contended a catheterization had not revealed an indication[...]
CSK’s George Hooker and Lindsey Halligan secured a complete defense verdict in a denied roof leak case in Broward County. Plaintiffs claimed their roof was damaged by wind, but George and Lindsey presented evidence that the roof was old and just past its normal life expectancy. The jury was out 45 minutes before finding the Plaintiffs didn’t even meet their initial burden of showing a sudden and accidental loss during the policy period. Benaejah Simmonds, Ismary Cepero and Suly Birnbaum assisted with case work-up and defense.
Howard Scholl and Eric Nelsestuen, a partner and associate, respectively, in Cole, Scott & Kissane’s Tampa Office, recently tried a rear-end admitted liability case where Plaintiff, who was a long term diabetic with chronic kidney disease, claimed injuries to his neck and back. He underwent extensive chiropractic treatment, ESI and had a multilevel fusion recommendation. Additionally, he claimed that because of the overall impact of his injuries, he transitioned from stage 4 chronic kidney disease to complete renal failure, necessitating dialysis three times a week. Plaintiff presented past medical bills approaching $1,000,000 and requested an award of future medical expenses[...]
Dan Shapiro and Michele Bartels, partners in Cole, Scott & Kissane’s Tampa Office obtained an extremely favorable verdict of $21,000 in a rear-end auto accident heavily contested litigation involving multiple vehicles, having admitted liability. The Plaintiff had undergone several years of treatment including 2 back surgeries and total medicals exceeded $560,000. Plaintiff proposed a life care plan of $4.5 million at trial.
Barry Postman of CSK’s West Palm Beach office and Michael Brand of CSK’s Miami office obtained a defense verdict after a two week jury trial that concluded on Friday in Miami. The plaintiff was former Miami Dolphins football player - OJ McDuffie. He claimed that the team physician for the Miami Dolphins committed malpractice when he treated him for an on the field injury causing him to prematurely end his career and lose out on millions of dollars in future NFL contracts. The case was previously handled by a different law firm and went to trial in 2010 resulting in[...]
Ten years ago, Cole Scott & Kissane and its partner, Jonathan Vine, was hired to represent a Chicago lawyer and his law firm in a legal malpractice action brought in West Palm Beach. The plaintiffs in the lawsuit were a husband and wife who owned an investment firm and a broker/dealer who had been sued by the SEC in an enforcement action alleging that the husband and wife had defrauded their clients out of millions of dollars (a Ponzi-scheme, of sorts). The allegation was that their lawyer in the action brought by the SEC committed malpractice in the defense he[...]
By Catherine Wilson | February 07, 2019 at 11:07 AM Richard Cole, Managing Partner of Cole, Scott & Kissane, Miami Cole, Scott & Kissane managing partner Richard P. Cole has given $20 million to the University of Florida Levin College of Law’s health law program in honor of his late father, a fellow UF law alumnus. The public university said the bequest funding an endowment is the largest individual contribution in the law school’s history and one of the largest donations to any law school in the country. Cole’s gift honors Robert B. Cole, the founding chairman of Baptist Health of South Florida. The[...]