Congratulations to CSK Tampa Partners’ Brian Rubenstein and Erin Centrone for obtaining a defense verdict in a four day jury trial in Gadsden County involving a Florida Private Whistleblower Act Claim.
The Plaintiff, a resident assistant at Defendant’s assisted living facility, claimed that she objected to abuse/neglect of a 92 year old resident at the facility. Plaintiff claimed she was then assaulted and retaliated against by the Executive Director and forced out (constructive discharge). The Plaintiff asked the jury in closing argument to award $95,963.00 in damages. Additionally, if Plaintiff was the prevailing party, Plaintiff’s attorney could collect his attorney’s fees/costs.
The jury deliberated for around four hours before deciding that retaliation occurred. However, there were $0 damages, so there was a defense verdict with no award to Plaintiff. Defendant’s previously served Plaintiff with a proposal for settlement and will move to tax defendant’s attorney’s fees and costs.