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Woman who was severely injured due to defective motor
home when fuel tank fell out on roadway - $14 million
recovered.
Bradley Winston, Esq.
56-year-old woman was traveling on an expressway when
her motor home suddenly lost its fuel tank. The fuel
fire that developed led to the death of her husband. She
was ejected and broke bones throughout her entire body,
suffered internal injuries and a head injury. The firm
settled the woman’s claims for $14 million approximately
one month prior to trial.
Small business sustains fire loss – Jury Verdicts and
settlements over $9.5 million
– Bradley Winston, Esq. –
A large shopping mall burned
down in September, 1997. Mr. Winston represented one of
the tenants, a small software development company, and
achieved an award on appeal after a jury verdict against
the client’s insurer, Britamco,
and court also ordered Britamco
to pay the client’s attorneys fee for the trial and the
appeal. After the insurance was exhausted, Mr. Winston
continued to pursue the mall’s owners and insurers and
obtained total court awards and settlements for his
client alone in excess of $1.5 million. The claims
against the parties that caused the fire, allowed it to
spread, and their insurance company for bad faith and
spoliation of evidence were part of approximately $9.5
million in settlements achieved by Mr. Winston as one of
the the four attorneys for
all of the tenants (the “Plaintiffs’ Legal Committee”).
$675,000 Jury Verdict for landlord defrauded of rent by
property manager
–
Bradley Winston, Esq. - A major Las Vegas and Biloxi
casino owner purchased a large office building in south
Florida as an investment. The property manager lied
about how many square feet were rented to a tenant, who
was eventually evicted for nonpayment of the rent on
their extra space. After a hotly contested 3 week
trial, the jury found that the property manager
committed fraud on the landlord and awarded $675,000 as
damages. The award was affirmed on appeal.
Motorcyclist loses limb and suffers internal injuries in
accident, medical providers’ negligence during treatment
renders motorcyclist quadriplegic, settlements obtained
exceeding $6 million.
Bradley Winston, Esq.
Claimant was a 19 year-old involved in a motorcycle
accident on March 29, 2003 when he was struck and then
partially run over by a truck. While treating for these
injuries, Mr. O was given excessive amounts of
sedatives, narcotic pain relievers and anesthesia by his
treating physicians which caused him to go into shock
and led to permanent brain damage. The insurer for the
truck driver tendered its $1 million policy. The medical
providers have also paid over $3 million in settlements
with an additional $2 million claims bill pending
with the Florida Legislature. The funds recovered have
allowed Mr. O to obtain the care he needs for the rest
of his life and for his mother to devote herself
exclusively to his care.
Firm obtains settlement of $200,000 OVER Doctor’s
$250,000 insurance policy - Bradley
Winston, Esq - Baby girl was born with rare heart
defect – Medical Malpractice - surgical repair botched -
$450,000 recovered after new trial was affirmed on
appeal. She lost this case at trial because the doctor
lied, and his own expert pointed that out in trial. The
judge ordered a new trial, and the doctor appealed. The
doctor’s insurance company never offered a penny to
settle until the new trial was upheld on appeal.
Shortly before the second trial, the insurance company
settled with the family. The little girl is now 10
years old and doing well.
Building collapse in Hobe Sound, Florida results in
deaths of two illegal immigrants hired as construction
laborers on the site - $5 million recovered prior to
trial.
Janet Peralta Lucente, Esq.
A townhouse building under construction in Hobe Sound,
Florida suddenly collapsed killing two illegal
immigrants hired to work on the project. Each man had
children in Mexico they were supporting prior to their
death. Following months of extensive discovery the
negligent parties paid $5 million to settle the claims.
Security guard at hospital chokes man visiting hospital
causing him brain damage. $2.3 million settlements
obtained.
Bradley Winston, Esq.
John Rowe went to the emergency room at Broward General
Medical Center, feeling depressed. He was
suicidal. After waiting several hours to be seen,
he decided to leave to go home with his mother.
Two Broward Sheriff’s Office deputies, two Fort
Lauderdale policemen and two hospital orderlies
physically subdued him and improperly used a choke hold.
Mr. Rowe lapsed into a coma, and then died two years
later. The various hospitals, institutions
and agencies ultimately paid $2.3 million in settlements
to resolve the extensive civil rights litigation in both
state and federal courts.
Retired woman slips and falls in parking lot due to
improper lighting. Jury verdict of $348,000 obtained.
Bradley Winston, Esq.
68 year-old woman tripped and fell in the parking lot of
a shopping plaza causing a torn knee cartilage and a
broken elbow. The insurer for the owner of the parking
lot offered $75,000.00 prior to trial. Following trial,
the jury awarded $348,000.00.
Passenger on motorcycle suffers head injury in accident
with automobile. $1.35 million recovered.
Bradley Winston, Esq.
Jane Doe was riding as a passenger on a motorcycle that
was involved in an accident. Her injuries resulted in
several weeks of hospital treatment while she was in a
semi-conscious state for several fractures and a closed
head injury. The insurer for the automobile driver and
the insurers for the young lady paid policy limits
totaling $1.35 million within a few months of the
crash.
Child shot in eye by b.b. gun wielded by another child.
Recovery of $600,000.
Alexander Clark, Esq. and Bradley Winston, Esq.
Johnny Doe, 17 years old, was at a friend’s home when he
was shot in the right eye with a b.b. gun being handled
by another minor child. Johnny’s eye suffered
permanent vision loss as a result. The insurer for the
parents of the bb gun shooter paid $600,000 to settle
Johnny’s claim prior to trial.
Firm obtains settlement over $1.25 million for victim of
slip and fall in home improvement store.
Bradley Winston, Esq.
36-year-old woman slipped and fell on a packing strip
left on the ground and jammed her finger into shelving
while breaking her fall. As a result of her trauma, she
developed reflex sympathetic dystrophy which spread to
her other extremities and prevented her from leading a
normal life. Prior to trial, the home improvement store
paid $1.25 million as settlement.
Man
killed on Palmetto Expressway after walking onto highway
from adjacent bar. Settlement of $500,00 recovered from
several negligent parties.
Janet Peralta Lucente, Esq.
John Doe, an alcoholic was served an excessive amount of
liquor during a short time. He was ejected from the bar
by security once he no longer had any cash. Doe got into
an altercation with the security staff then gained
access to the Palmetto Expressway due to construction
adjacent to the bar and highway. Doe was struck and
killed by an oncoming vehicle. Recovery was made from a
contractor involved in the construction based on failure
to maintain an adequate fence or barrier preventing Doe
from accessing the highway. Settlement was also obtained
from the bar owner for serving a known alcoholic and
failure to take appropriate steps to try and ensure
Doe’s safe return home.
$1.2
million verdict obtained at trial against City of
Hollywood who employed driver of truck causing head-on
accident.
Bradley Winston, Esq.
Ronald Miller was a 40-year old man driving his pickup
truck north on Federal Highway when a city employee
crashed a city-owned truck head-on into his vehicle.
Miller’s vehicle was totaled and he suffered neck
injuries and ligament and cartilage tears in both knees.
The city offered to settle for $49,000 prior to trial.
After a three-day trial and less than an hour of
deliberations, the jury returned a $1.2 million verdict.
Man
suffers injury when foot is crushed by vehicle at auto
auction. Jury returns verdict for $250,000.
Bradley Winston, Esq.
Plaintiff was an owner of a vehicle being sold at an
auto auction. An employee for the auction location
negligently drove Plaintiff’s car over his foot which
caused him to fall to the ground and suffer further
injury to his shoulder and knee. Plaintiff underwent
surgical treatment. Following trial, the jury returned a
verdict of $250,000.
Motorcyclist injured when automobile driver violated
right of way. $1.1 million recovered.
Bradley Winston, Esq.
Adult male plaintiff was driving his motorcycle when
another driver caused a violent crash such that the
motorcycle collided with the passenger side of the
vehicle. The passenger in the vehicle suffered
fatal injuries. The motorcyclist suffered a broken hand
and multiple severe internal injuries. The insurers for
the automobile driver paid their policy limits of $1.1
million to settle the claim before suit.
Insurer’s bad faith results in recovery of $465,000
where policy limits were $65,000.–
Alexander Clark, Esq. and Bradley Winston, Esq. –
Todd Vandenberg was in his early 20’s when he was stuck
by a car while riding a rented Harley Davidson
motorcycle. He suffered a badly crushed foot, but the
insurance available was only $65,000. The insurance
company eventually paid $465,000 to settle the claim.
Policy limits of $1 million obtained 2 months after
automobile accident causing adult male mild traumatic
brain injury.
Janet Peralta Lucente, Esq.
Colombian born adult male was the victim of a violent
rear-end crash when a tractor-trailer rig rear-ended him
on I-95 as he slowed down for a stalled vehicle. The
impact crushed the van driven by the Colombian male so
severely that only half of the van remained intact.
The driver of the van suffered a closed head injury
resulting in moderate brain damage and cognitive
deficits. The insurer for the tractor-trailer rig
tendered its policy limits of $1 million within two
months of the date of the crash.
Insurer’s bad faith results in recovery of $300,000
where policy limits were $15,000.
Bradley Winston, Esq.
Plaintiff was a victim of a motor vehicle accident who
sustained multiple fractures and 2 collapsed lungs
following a roll-over accident. Plaintiff underwent
surgery to his knee and spine. The insurer for the
driver of the vehicle that struck the Plaintiff failed
to tender its $15,000 policy limits despite having been
given ample opportunity to do so. As a result, the firm
recovered $300,000 as settlement from the insurer due to
its bad faith in failing to settle the case within its
policy limits when it could have and should have done
so.
$1
million verdict obtained from obstetrician who caused
broken collarbone during delivery.
Bradley Winston, Esq.
Infant girl was born with broken collarbone and
stretched nerves between the neck and shoulder. She
underwent over 10 surgical procedures to increase the
range of motion in her arm and shoulder. Following a
four-day trial, the jury delivered a $1 million verdict.
Pre-teen girl sexually molested by maintenance man at
apartment complex, $975,000 recovered as settlement.
Janet Peralta Lucente, Esq.
A 12 year-old girl was the victim of sexual molestation
by an adult male residing at her apartment complex who
also worked as a maintenance man. Following criminal
prosecution against the man by the state, a civil
lawsuit for monetary damages was brought against the
apartment complex for negligent hiring and retention of
the maintenance man. The apartment complex settled prior
to trial for $975,000.00.
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