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 of $12,000,000. The jury deliberated for just under 3 hours and returned a verdict of $93,748.66, and found no permanent injury. This was Mr. Nelsestuen’s first trial with Cole, Scott & Kissane, having joined the firm 5 months prior.
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 a $11.5 million dollar verdict for Mr. McDuffie. After the verdict was thrown out, CSK was asked to handle the retrial. Both Dan Marino and Coach Jimmy Johnson were witnesses in the case. The Plaintiff asked the jury to award $19.9 million dollars and turned down a one million dollar settlement offer that was on the table until the jury came back with a defense verdict.
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 provided, causing millions of dollars in unnecessary legal fees and damages. CSK aggressively litigated this matter on behalf of their clients for the past ten years, culminating in trial. Right before the trial, the prominent law firm handling the case for the plaintiffs voluntarily dismissed the case on behalf of the wife in exchange for an agreement of the defense to not go after her for attorneys’ fees and costs. The husband decided to proceed to trial without counsel, with the Chicago lawyer and law firm represented at trial by our own Jonathan Vine and Barry Postman – partners in the Cole, Scott & Kissane West Palm Beach office. One of the two witnesses for plaintiff attesting to the legitimacy and satisfaction of provision of investment brokerage services was a former 4th DCA appellate judge. Plaintiff also elicited testimony from the investment firm’s compliance officer. Upon Mr. Vine’s vigorous cross examination of the witnesses, the plaintiff agreed to voluntarily dismiss his case also in exchange for an agreement not to seek fees and costs. Mr. Vine and Mr. Postman were assisted by CSK’s Josh Goldstein, Eric Sprechman and Michelle Frezer-D’Alena to achieve the great result that was obtained in this case.