Issue 9: June 2024

ICYMI - all the news from the past month!

I. Protecting Your Interests: Verdicts, Dismissals, and Judgments

Defense Verdict: Cullman County, Alabama (Medical Malpractice)

Nashville Partners, John Floyd, Sr., and John Floyd, Jr., obtained a defense verdict last week in a chiropractic malpractice case in Cullman County, Alabama. Plaintiff alleged that our client’s treatment caused him to have an internal carotid artery dissection that ultimately led to a stroke. They presented evidence of alleged brain damage and a substantial loss of earnings claim. In closing arguments, Plaintiff’s counsel asked the jury to award $8 million per year for each year since the injury, for a total of $64 million. The jury returned a defense verdict in less than an hour.

Summary Judgment: Polk County, Florida (Premises Liability)

Tampa Partner, Amy Ray, recently obtained summary judgment in a premises liability matter on behalf of an apartment complex in Polk County, Florida. This case involved a minor child that was hit by a car while playing unsupervised in the parking lot of the defendant apartment complex. The Plaintiff mother alleged that but for the recent removal of a speed bump in the area the accident occurred, the accident and her child’s subsequent injuries could have been prevented. Record evidence showed that there were multiple speed bumps, cautionary signs, and other speed control methods implemented throughout the property, despite the fact that there is no code or standard for the placement or removal of speed bumps, and it is well established that an apartment complex does not have a duty to install or use speed control devices of any type. We moved for summary judgment citing this lack of duty, and also that the driver of the car was the direct and proximate cause of the injuries to the minor Plaintiff, not the apartment complex. The Court agreed, and summary judgment was granted.

Defense Verdict: Collier County, Florida (Medical Malpractice)

Naples Partners, Ashley Withers and Kevin Crews, and Naples Associate, Lindsey Grossman, obtained a complete defense verdict in a medical malpractice trial in Collier County, Florida. They represented a hospital and an employed general surgeon in this matter, that involved allegations of a failed hernia surgery utilizing mesh. Plaintiff alleged multiple counts of negligence against our clients throughout her admission and surgery, and further claimed that this negligence ultimately resulted in her sustaining irreversible, catastrophic damage to her abdomen. Most of Plaintiff’s claims were dropped or precluded by the Court as a result of extensive motion practice by the defense prior to trial, leaving only one remaining negligence claim to be tried. Plaintiff utilized their subsequent treating surgeon as their expert at trial, and Plaintiff’s counsel asked the jury for $2.5 million in closing arguments. The jury returned a complete defense verdict in just over an hour.

Ruling Affirmed: Florida Sixth District Court of Appeal (Professional Negligence)

Orlando Partner, Michael D'Lugo, and West Palm Beach Partners, Mark Ruff and Nicholas Seamster, recently prevailed in a matter heard by the Florida Fourth District Court of Appeal. This was a professional negligence claim brought by a contractor against our client, an engineer, stemming from the construction of two sewage pump stations. The Plaintiff claimed that our client negligently designed and negligently administered the project, causing the contractor to fall behind and to be improperly terminated by the city that had originally commissioned the project. The Plaintiff sought over $12 million in actual and consequential damages. Several counts of the Complaint were disposed of via summary judgment prior to trial, and Mark Ruff and Nicholas Seamster tried the case on the remaining counts in Palm Beach County, Florida, in February 2022. Although the jury awarded approximately $100,000 in damages and split the liability equally between the Plaintiff and our client, we moved for a directed verdict which was granted post-trial. Plaintiff appealed the directed verdict in June 2023, and Michael D’Lugo filed our Answer Brief in October 2023. In early June, the Florida Fourth District Court of Appeal affirmed without discussion on all issues related to our client.

Summary Judgment: Pinellas County, Florida (Trip and Fall)

Tampa Associate, Kayli R.T. Camarena recently obtained summary judgment in a trip and fall case in Pinellas County, Florida. Plaintiff in this case tripped over a large battery that our client placed on the floor of the rotunda at a professional sports complex. The battery was placed on the ground for 15 seconds while our client picked up a piece of trash, a fact which was corroborated by video surveillance. The video further showed that another family avoided the battery on the floor moments before the Plaintiff encountered it. Plaintiff admitted in her deposition that the battery was out in the open, not concealed, and she would have seen it had she looked where she walked. Good faith efforts to settle the case were rejected, so we moved for summary judgment based on the evidence that the battery was open and obvious. After hearing arguments of counsel and reviewing the surveillance video, the Court agreed with our position and summary judgment was granted.  

II. We Are Wicker: Announcements, Recognition, and Honors

Wicker Smith Receives Band 1 Ranking from Chambers and Partners

We are pleased to announce that we are once again ranked among the leading law firms by Chambers and Partners.

▶ Our Medical Malpractice Defense group received a Band 1 ranking in two regions: North/Central Florida, and South Florida.

▶ Partners Oscar Cabanas, Richards Ford , and Antonia Smillova received individual Band 1 rankings in Medical Malpractice Defense.

Congratulations to our entire Medical Malpractice Defense group for this outstanding achievement!

Proud Sponsors of the 2024 JWLA Judicial Reception

Wicker Smith was a sponsor of the Jacksonville Women Lawyers Association Annual Judicial Reception on June 5, 2024. The JWLA works hard all year to advance and promote women in the legal profession, and we are proud to support their important mission.

Congratulations to Wicker Smith's own Caroline Kubovy , who served as Co-Director of this year's successful event!

Wicker Gives Back

In addition to the important work we do for our clients, our teams are also dedicated to doing important work for their communities.

▶ On May 9, members of the Orlando office participated in the 30th Annual Simply IOA Corporate 5K benefitting Second Harvest Food Bank. Proceeds from the race helped to provide over 120,000 meals to people in need in Central Florida.

▶ On a regular bimonthly basis, members of the Jacksonville office assist at an outreach event for homeless individuals and veterans in downtown Jacksonville, providing donations of food and clothing to over 380 people.

We encourage our teams to support their communities in a variety of ways, and we are proud to recognize those who lead the charge

Beyond the Courtroom

On June 6th, John Floyd, Sr., John Floyd , Jr., and Summer Harcup of the Nashville office travelled to Destin, FL to celebrate the wedding of Nashville Associate, Nathan Dickerson . Congratulations to the happy couple!

Celebrating Three Years in Atlanta!

On June 14, we will celebrate the third anniversary of our Atlanta office, led by partner Joe Menello. After twenty years of successful practice in the Orlando office, Joe was tapped to lead the firm’s expansion into Georgia in June 2021, along with former Naples partner, Jonathan Silverman. Joe and his team represent some of the firm’s biggest clients, including several national retail chains, gas stations, grocery stores, and trucking companies, as well as doctors, hospitals, and allied healthcare providers, and a variety of other professional service providers. Their practice in Atlanta has grown rapidly, and they have added seven more talented lawyers to the team since they first opened the doors in 2021. Congratulations to the entire team in Atlanta on your growth and your success. Cheers to three years, and many more!

Welcoming Our Summer Associates

This year we are proud to welcome our biggest Summer Associate cohort ever. Sixty-two bright young law students are joining us this summer from across the United States, and we can't wait to see what they will accomplish. Many of the firm's most successful lawyers today started out in our Summer Associate program years ago. From Atlanta to Miami and every office in between, we are glad to have you. Welcome to Wicker Smith!

Join our team in 2024! Check out all our current job postings at www.wickersmith.com/contact/careers

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