I. Wrongful Death
SEVEN FIGURE POLICY LIMITS SETTLEMENT FOR SURVIVORS OF TRAGIC CRASH IN OSCEOLA COUNTY
Wrongful death case involving the deaths of four persons, including two minors, caused by a horrendous and tragic multi-vehicular crash on a road in an unincorporated area of Osceola County. The company’s employee drove its pick-up truck into the rear of a minivan which was occupied by the Plaintiffs’ families.
Settled confidentially for the limits of applicable policies.
FIRM RECOVERS OVER $52 MILLION DOLLARS FOR SURVIVORS OF CRASH IN HAITI
$10 million (present value) confidential settlement. Senior partner Scott Sheftall represented personal representative in wrongful death action stemming from husband/father’s death in single vehicle accident while on business in Haiti. Sheftall established that jurisdiction and venue were proper in Miami. Also proved that foreign law of Haiti established a sufficient basis for liability and that American law governed survivors’ claims for wrongful death damages.
Total guaranteed payments to survivors in structured settlement exceed $52,000,000
HONDURAS PLANE CRASH RESULTS IN $1,638,000 VERDICT FOR PLAINTIFFS
International Wrongful Death action / Aviation disaster. Scott Sheftall won verdict for surviving children of parents who were killed in crash of commercial flight from Managua, Nicaragua to Tegucigalpa, Honduras.
Total Judgment: $1,638,000.
SOBER LIVING HOME HELD TO ACCOUNT FOR SUICIDE DEATH OF FEMALE RESIDENT
Wrongful death case in which decedent overdosed on prescription medications while under the care and supervision of a sober living home (a/k/a recovery residence) in Jacksonville Beach, Florida. The defendant had induced the young woman to stay at defendant’s facility after suffering from a traumatic brain injury. The defendant misrepresented that the facility was certified by the Florida Association of Recovery Residence (FARR). The defendant failed to confiscate the decedent’s prescription medications and failed to provide the promised supervision and care to the young woman. Settlement against the defendant was one of the highest settlements against a sober living home/recovery residence in Florida’s history.
Case settled for full policy limits on eve of mediation.
$637,407 VERDICT FOR JAPANESE FAMILY WHO LOST SON IN HELICOPTER CRASH
Scott Sheftall brought a Federal Tort Claims/Wrongful death action for Japanese family who lost their son in mid-air collision. Judgment for Plaintiff rendered by district judge in non-jury trial in amount of $637,407 (limited to recovery of the estate’s loss of net accumulations and funeral expenses) District judge’s imposition of 30% comparative negligence for violation of “see and avoid” rule reversed by US Court of Appeals. Scott Sheftall successfully argued the appeal before the Court of Appeals, Fifth Circuit, which reversed the trial court’s imposition of 30% comparative negligence and reinstated full amount of judgment.
Total Verdict: $637,407
II. Personal Injury
SCOTT SHEFTALL RECOVERED $1.2 MILLION FOR 5-YEAR-OLD PLAINTIFF WHO FELL OFF ROOFTOP
Scott Sheftall represented a minor child (age 5) who suffered a severe injury to his forearm when he fell from the rooftop of a commercial office building. Suit filed against the building’s property manager for maintenance of a dangerous condition (rooftop parapet not in compliance with building code) and for negligence (unimproved office space left open to common hallway and windows to rooftop left unlocked). Real estate manager’s insurer denied coverage under its policy with limits of $1 million. Plaintiff gave a covenant not to sue to property manager in exchange for its consent judgment and assignment of his claim for coverage against his insurer. Trial court granted summary judgment establishing coverage was wrongfully denied, affirmed on appeal.
Plaintiff recovered $1.2 million (excess over policy limits without proof of bad faith).
FIRM HELPS CLIENT RECOVER FULL $2 MILLION DOLLAR POLICY LIMITS IN TRAGIC PEDESTRIAN CRASH NEAR DISNEY
Our client, a mentally handicapped young man, was tragically struck by the defendant’s van while walking across a busy highway near Disney in Orlando, Florida. As a result of the crash, the plaintiff suffered severe injuries including traumatic brain injuries which necessitated extensive rehabilitative medical care for the rest of his life. The case settled for the full policy limits ($1 million primary coverage; $1 million excess liability coverage) for a total of $2,000,000.
60-YEAR-OLD PLAINTIFF RECOVERS $495,000 AGAINST TRUCKING COMPANY FOR CRASH WHICH EXACERBATED HER NON-SYMPTOMATIC PRE-EXISTING CONDITIONS
60-year-old client suffered exacerbations to her pre-existing degenerative spinal conditions. A truck struck the left rear passenger side of her compact car. Before the crash, the client’s neck and low back had been pain-free. The trauma sustained in the impact caused irritating nerve pain in her neck and low back which required extensive medical treatment including nerve root injections, an ablation procedure, and finally a decompression surgery to repair the instability in her lumbar spine. The Defendant denied liability. The case was settled shortly after mediation.
Confidential Settlement for $495,000.
FIRM RECOVERS $500,000 FOR CLIENT WHO WAS SEXUALLY ASSAULTED WHILE AT WORK
Negligent security case/sexual assault. Defense verdict. The firm won a reversal on appeal.
Case settled for $500,000.
CLIENTS RECOVER FOR EMOTIONAL INJURIES AFTER DISCOVERY OF ROOMMATE’S CORPSE INSIDE FLORIDA SOBER LIVING HOME/RECOVERY RESIDENCE
Two 23-year-old plaintiffs experienced severe emotional distress, anxiety, and post-traumatic stress disorder (PTSD), after the coordinator at a sober living home (a/k/a “recovery residence”) commanded them to enter the locked bedroom of their roommate, wherein they discovered roommate’s corpse following her suicide. The incident caused the two plaintiffs, suffering from drug addiction and bipolar disorder, to relapse due to the psychological trauma. We proved that the defendant took advantage of the vulnerable young women on account of an unequal power dynamic, while simultaneously knowing they were particularly susceptible to emotional distress. Consequently, the plaintiffs were able to recover for their purely psychological injuries without any showing of physical injury. Following the resolution of the claims, special needs trusts were set up to ensure that that the plaintiffs could obtain a second chance at recovery under the supervision and care of qualified professionals.
Settled for a confidential amount.
FIRM HELPS FORMER PRO ATHLETE GET RECOVERY FOR BROKEN LEG FROM FALL AT MOVIE THEATER
The client, a former professional athlete, tripped and fell on uneven steps inside an unlit movie theater and fractured his leg. During discovery, the plaintiff adduced evidence not only that the theater was in violation of numerous fire, municipal, and building codes, but had knowingly engaged an unlicensed contractor to perform unlawful renovations to the very area which caused the plaintiff’s fall.
$490,000 RECOVERY IN HOTEL BATHTUB SLIP AND FALL CASE
Obtained $490,000 settlement for client after she slipped and fell inside a bathtub at a hotel. Our investigation uncovered that the hotel management knew that its bathtubs were unreasonably dangerous but chose not to replace them as a cost-cutting measure. Instead, the hotel chose to cover up the slippery tubs with an adhesive mat, causing a slippery film to form around the mat’s perimeter after continual use. The case settled shortly before trial was set to begin. Recovery reflected our client’s claim for loss of earning capacity, even though she was unemployed at the time of the fall.
VICTIM OF SEXUAL ASSAULT GETS JUSTICE VS. MALE NURSE AT URGENT CARE CLINIC
Our client, a woman, was sexually assaulted by a male nurse during a routine medical appointment at a local urgent care clinic. The healthcare clinic initially denied the client’s claim, but our client prevailed upon our firm’s discovery of a pattern of sexually charged and indecent behavior by the male nurse.
FIRM OBTAINS SLIP AND FALL SETTLEMENT AGAINST CRUISE LINE
The client slipped and fell in the cruise ship buffet line, breaking his hip.
Confidential Settlement for $310,000.
FIRM PROVES CRUISE POOL DECK WAS UNREASONABLY SLIPPERY, CLIENT OBTAINS $140,000 SETTLEMENT FOR FRACTURED WRIST
The client suffered a fractured wrist in a slip and fall aboard a cruise ship.
Confidential Settlement for $140,000.
CLIENT OBTAINS SETTLEMENT AFTER FIRM DISCOVERS AEROSOLIZED GREASE FROM KITCHEN LIKELY CAUSED UNREASONABLY DANGEROUS CONDITION IN CRUISE SHIP DINING AREA
The client slipped and fell aboard a cruise ship in the dining area and fractured her arm.
Confidential Settlement for $150,000.
FIRM WINS VERDICT EXCEEDING DEFENDANT’S BEST OFFER BY 2,362% IN SLIP AND FALL CASE
Slip and fall in the hospital waiting room. The defense offered $10,000 to settle at trial.
Verdict for Plaintiff client for $236,172.
FIRM ACHIEVES ANOTHER SETTLEMENT AGAINST CRUISE LINE IN FEDERAL COURT FOR UNREASONABLY DANGEROUS TILE
The client slipped and fell suffering a fractured wrist.
Confidential Settlement for $155,000.
FIRM VINDICATES MINOR CLIENT’S CLAIMS OF INSTRUCTOR’S SEXUAL ASSAULT
Sexual assault and abuse of a minor by a karate instructor.
Confidential Settlement for $390,000.
FIRM HELPS CLIENT WIN RECOVERY FOR BROKEN WRIST AFTER TRIPPING IN HOME IMPROVEMENT STORE GARDEN CENTER
Premises liability case in which our client and his wife were shopping inside the garden center of a home improvement store. While focused on another item for sale, the client fell backward after tripping over a large, heavy clay pot left towards the middle of the aisle. The client suffered a fractured wrist. The home improvement store denied liability by asserting that the store had no notice that the pot had been left in the customer’s walking path. However, our firm located independent witnesses who testified that they had observed store employees leaving the pot in the aisle where customers were walking, which was in violation of the store’s policies.
Case settled for $125,000.
VERDICT FOR PLAINTIFF IN AUTO NEGLIGENCE CASE
Jury verdict in auto negligence case for $201,896.00.
CLIENT WINS RECOVERY FOR DENTAL IMPLANT INJURIES AFTER TRIP & FALL INSIDE MOVIE THEATER
Premises liability case in which our client, a retiree, attended a matinee movie with his son. On the way up to their stadium seats, our client fell down an unlit aisle in between two rows and suffered extensive damage to his custom dental implants. After the fall, our client was unable to eat solid foods for months due to the implanted screws in his jaw becoming dislodged. The movie theater denied liability and asserted that the condition inside the auditorium was open and obvious. However, an intensive period of discovery revealed that the movie theater did not follow applicable building codes and municipal ordinances during a preceding renovation of the auditorium. As a consequence of the code violations and lack of adequate lighting, our client fell into a dangerous unmarked area between two rows which was imperceptible inside the darkened theater.
Case settled for $82,500.
CLIENT HIT IN MULTI-VEHICLE COLLISION OBTAINS RECOVERY FOR EXACERBATIONS OF NON-SYMPTOMATIC SPONDYLOLISTHESIS
Our client was minding her business in her car while on the way to work one morning. Suddenly, while lawfully stopped at a red light, she became the victim of a secondary auto collision when two cars in front of her collided during a turn. As a result of the crash, our client suffered an exacerbation of her spondylolisthesis, which was non-symptomatic before the crash.
Case settled for $80,000.
RECOVERY FOR CLIENT IN AUTO ACCIDENT CASE WHO SUFFERED PERMANENT RINGING (TINNITUS) IN HIS EARS
Auto negligence case in which client suffered a broken nose, left orbital fracture, and tinnitus of both ears after being sideswiped by the defendant’s van on Immokalee Road in Naples, Florida.
Case settled for $75,000.
FIRM HELPS ELDERLY CLIENT WIN RECOVERY FOR INJURIES SUSTAINED IN PUBLIX PARKING LOT
The elderly client tripped and fell over a bollard in a Publix parking lot and suffered a fractured hip, facial bruising, and lacerations.
Settled for a confidential amount.
III. Business Litigation
SCOTT SHEFTALL ACHIEVES $2,235,783 JURY VERDICT FOR BREACH OF DISTRIBUTORSHIP
Breach of distributorship agreement.
Verdict for plaintiff client for $2,235,783.
SCOTT SHEFTALL RECOVERS $1.3 MILLION IN INTERNATIONAL ARBITRATION
Claim in international arbitration against a French citizen to enforce terms of Guaranty & Lease in default.
International Arbitration award for client for $1,369,024.
SCOTT SHEFTALL ACHIEVES A RECORD $2.8 MILLION CLASS ACTION ARBITRATION AWARD
Class action arbitration concerning PIP claims. Arbitrability of class action claims was established for the first time in Florida jurisprudence.
Arbitration award in favor of Plaintiff class for $2.8 million.
SCOTT SHEFTALL RECOVERS $2 MILLION IN ANTITRUST CASE
Scott Sheftall alleged that group boycott, or joint refusal to deal violated Section1 of the Sherman Antitrust Act and drove fledgling insurance companies out of business.
$2 million settlement in the antitrust case.
FIRM RECOVERS $8 MILLION DOLLAR FINAL JUDGMENT
Proceedings were supplementary against debtor successor corp./alter ego of the judgment debtor.
Final Judgment for the client for $8,016,602.20.
FIRM HELPS SOLO INSURANCE AGENT RECOVER LOST COMMISSIONS FROM LARGE INSURANCE AGENCY
The client, a solo insurance agent, was induced to sell her book of business to larger insurance company, who then failed to compensate the client for her commissions earned under the purchase agreement. After retaining our firm, the client recovered all amounts owed for the large insurance company’s breach of contract, including all litigation costs and attorney’s fees.
IV. Professional Negligence
CLIENT RECOVERS FULL POLICY LIMITS AFTER DOCTOR FAILED TO DIAGNOSE TESTICULAR TORSION
Medical malpractice action in which a physician’s substandard medical care caused our 22-year-old client’s right testicle to become necrotic. It had to be surgically removed. Despite presenting at the emergency room with all the classic signs and symptoms of testicular torsion, the physician sent his patient home without ordering a Doppler ultrasound, which is the standard of care for ruling out the condition of acute testicular torsion.
Confidential settlement for defendant’s full policy limits
THE FIRM RECOVERS SEVEN FIGURES FOR A CLIENT HARMED BY LEGAL MALPRACTICE
Legal malpractice action arising from federal district court action in which client’s previous law firm missed crucial expert disclosure deadline resulting in dismissal of the underlying action. Case settled for a confidential sum in seven figures.
FIRM PREVAILS IN 15-YEAR-OLD CLIENT’S MEDICAL MALPRACTICE ACTION AGAINST SURGEON WHO CAUSED TEEN’S BILATERAL COMPARTMENT SYNDROME
Medical malpractice action in which client, a 15-year-old, experienced unrelenting severe pain in both lower extremities and other symptoms of compartment syndrome, commencing immediately after surgery for an unrelated condition. The patient’s bilateral compartment syndrome went undiagnosed and untreated. Unfortunately, it was too late at that time, and irreversible muscle damage had already occurred necessitating surgical debridement of all the muscles in the anterior compartments of both of the teenager’s lower extremities.
PRE-SUIT POLICY LIMITS RECOVERY FOR A CLIENT WITH DEMENTIA WHO FELL INSIDE ASSISTED LIVING FACILITY
Our client, an elderly man with dementia, alleged that while inside a local assisted living facility he was shoved in the back by his nurse caretaker causing him to trip and fall inside a shower stall. As a result of the fall, our client suffered a fractured hip and other injuries which the treating doctor concluded were inoperable due to the client’s advanced age. The Defendants, the assisted living facility, denied responsibility. However, during our investigation, we uncovered facts that supported our client’s allegations that his nurse had, in fact, maliciously shoved him.
Confidential settlement for nursing home’s policy limits.
SCOTT SHEFTALL RECOVERS $2.3 MILLION IN IMMIGRATION LAW MALPRACTICE CASE
Immigration law malpractice.
Confidential Settlement for $2.3 million
LEGAL MALPRACTICE CASE SETTLES PRE-SUIT FOR $2.7 MILLION
Miami law firm whose actions caused the dismissal of its client’s federal court case.
$2.75 million confidential pre-suit settlement.
V. Defamation (libel & Slander)
FIRMS HELPS LOCAL TV PERSONALITY RECOVER FROM MEDIA DEFENDANT IN DEFAMATION CASE
Confidential settlement against national media corporation concerning the defamation of a local television personality. The defendant media corporation misidentified our client as being responsible for a heinous criminal act. The media defendant then published the false allegations in an Internet news article to tens of thousands of people with reckless disregard for the truth and even knowledge of falsity. Once on the Internet, the defendant’s news article quickly went viral across social media (Facebook, Twitter, Instagram, and Reddit). The media defendant asserted numerous privileges under the First Amendment.
VERDICT FOR PLAINTIFF IN DEFAMATION TRIAL VS. NON-MEDIA DEFENDANT
Defamation of a private figure plaintiff by non-media defendant. Case tried over eight days via Zoom. Circuit judge as trier of fact found willful and wanton defamation per se. Also, common law conditional privilege did not apply, but even if applicable, primary purpose malice would have destroyed privilege. Judgment for damage greatly exceeded the proposal for settlement and the plaintiff was awarded reasonable attorney’s fees and costs.
FIRM HOLDS BIG MEDIA COMPANIES ACCOUNTABLE IN ‘CLICKBAIT JOURNALISM’ CASE, RECOVERING OVER $1 MILLION DOLLARS FOR LOCAL BUSINESSMAN
The firm achieved settlements exceeding seven figures against major media corporations in lawsuits involving the defamation of a local private figure medical professional. Our client was falsely accused by a local TV station of deviant behavior on a local news broadcast and Internet news article. The false story then took on a life of its own when other major media outlets rushed to republish the salacious allegations without fact-checking. The false story was discussed coast-to-coast on radio broadcasts and podcasts and went viral on Facebook and Twitter, where our client was mocked and pilloried by countless persons worldwide. Our client suffered extreme anxiety, PTSD, and humiliation, as well as reputational damage and lost earnings. After successfully achieving a pre-suit settlement against the media defendant responsible for the initial publication of the story, this firm pursued (and won) additional settlements against the media defendants who republished the story without doing any due diligence as to whether the allegations were true or not.
Confidential settlements exceeding $1 million.
SCOTT SHEFTALL HELPS PUBLIC OFFICIAL WIN DEFAMATION CASE AFTER POEM DEPICTS CLIENT AS PROSTITUTE
Public official client defamed by poem depicting her as a prostitute and drug user.
SCOTT SHEFTALL WINS DEFAMATION CASE AGAINST PROMINENT NEWSPAPER THAT DEFAMED PROFESSIONAL ATHLETE
Sports figure client who was defamed when the newspaper published a fake interview falsely depicting him as a racist.
SCOTT SHEFTALL ACHIEVES RECORD SETTLEMENT FOR A COMPANY THAT WAS DEFAMED BY RIVAL
The private company whose exclusive Jewish cemetery was falsely depicted as catering to gentiles by a rival’s letter which was disseminated to prospective customers.