Fall/Winter 2016

Volume XVIII, Issue 3 and 4   


 

Inside this issue:
President's Column
Member Profile
FDLA New Members
Defense Verdicts
Committee News
Announcements
Andy Bolin Received DRI Award
2016-2017 Board of Directors
FDLA Lunch & Learn Premises Liability
Advanced Litigation Boot Camp Recap
2016 Annual Meeting
Special Sponsor Thank You!
2017 FDLA Lunch & Learn Webinars
2017 FDLA Membership Renewals
Happy Holidays!
deFENSE POST Information
Attention Members!

Take advantage of the deFENSE POST to share your verdicts, accomplishments,

recognitions and special achievements with FDLA members. Send your press releases, office relocation notices, defense verdicts and any other items of interest to the FDLA

office via email to ljude@fdla.org The content of deFENSE POST depends on

information from

  FDLA members .

 

The date to remember to submit your "news" for the Spring 2017 issue of deFENSE POST is February 1, 2017 - send your news in NOW!

Dates to Remember
2017 FDLA WINTER MEETING 
January 11-16, 2017 
Big Sky, Montana 
--------------------------
2017 FDLA LIABILITY CLAIMS CONFERENCE
June 7-10, 2017
Disney's Contemporary
Resort

Lake Buena Vista, Florida
--------------------------

FDLA ANNUAL MEETING
September 2017
Watch for details
--------------------------

2017 FDLA ADVANCED LITIGATION
BOOT CAMP
November 10, 2017

Longwood, Florida
--------------------------
2018 FDLA WINTER MEETING
January 10-15, 2018
--------------------------
2018 FLORIDA LIABILITY CLAIMS
CONFERENCE
June 6-9, 2018
Disney's Contemporary
Resort
Lake Buena Vista, Florida
--------------------------
WEBINARS
FDLA Lunch & Learn Webinar Series
    Wednesday, Feb. 8, 2017
          Defending Motorcycle             Crashes
    Thursday, April 6, 2017
          Closing Arguments
    Tuesday, June 20, 2017
          Resolution to            
          Homeowners'  Claims
    Friday, August 11, 2017
    Thursday, Oct. 12, 2017
    Thursday, Dec. 14, 2017

Watch your emails for notices/ information on how to register for upcoming FDLA webinars!

Board of Directors

The FDLA Board of Directors meets on a quarterly basis. If any member has items/ issues he or she would like the Board to address, please use the contact information below: 

 

Robert E. Bonner   

P: 407-872-7774

E: reb@fltrialteam.com

or
FDLA Office
P: 813-885-9888

 

 

The next  

Board Meeting is  Thursday, January 13, 2017.

FDLA OFFICERS
Robert E. Bonner 
President
Meier Bonner Muszynski O'Dell & Harvey PA
260 Wekiva Springs Rd 
#2000 
Longwood, FL 32779
P: 407-872-7774 
F: 407-872-7997 
reb@fltrialteam.com

Jeffrey W. Johnson 
President-Elect
Johnson Law Group
1900 NW Corporate Blvd
#450W 
Boca Raton, FL 33431
P: 561-994-9433 
F: 561-994-9099 
jwj@j2law.com

Traci T. McKee 
Secretary-Treasurer
Henderson Franklin Starnes
& Holt PA
PO Box 280
Ft Myers, FL 33902-0280
P: 239-344-1100
F: 239-344-1539
traci.mckee@henlaw.com

Andrew S. Bolin 
Immediate Past President
Beytin McLaughlin McLaughlin
O'Hara Bocchino & Bolin
201 N. Franklin, #2900
Tampa, FL 33602
P: 813-226-3000
F: 813-226-3001
asb@law-fla.com
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Enjoy the Fall/Winter 2016 Electronic Edition of 
"deFENSE POST!"
President's Column
Robert E. Bonner
FDLA President
Meier Bonner Muszynski O'Dell & Harvey PA 
Longwood, FL
 
HAPPY HOLIDAYS FROM THE FDLA... 

   
      One of my good friends is a retired FBI agent who recently went to work as a court security officer in federal court. When I asked him if anything about the job was surprising, he indicated that he was shocked by the lack of professionalism on the part of the lawyers. He explained that it's not every lawyer, but it's enough to catch your attention. He mentioned that some attorneys show up late for hearings, fail to stand when they address the court, are disrespectful to their fellow attorneys and, on occasion, are disrespectful to the court. Although this doesn't happen every day, it happens way too often. This is not good.
 
      I'm not sure what leads to this kind of behavior. But I would like to think that our members are not guilty of this type of conduct.
 
      As an organization, our goals are to "enhance the knowledge, skills and professionalism of defense lawyers, while fostering balance in the civil courts through judicial and legislative advocacy." Professionalism should not take a backseat to knowledge and skills. Instead, it should be a guiding principle in our approach to the practice of law.
 
      Those of us who are "more senior" lawyers should make it a priority to mentor the younger lawyers we deal with on a daily basis. We need to emphasize the importance of civility and underscore the value of professionalism to the legal system. It shouldn't be necessary to remind our colleagues of the importance of being on time for court, standing when we address the court, and treating everyone in the courtroom, including court personnel, with dignity and respect. Unfortunately, it is.
 
      One resource that all lawyers should be familiar with is the website for the Trial Lawyers Section of the Florida Bar. That website has links to Guidelines for Professional Conduct that is the result of a joint project between the Conferences of Circuit Judges and County Court Judges and the Trial Lawyers Section of the Florida Bar. Additionally, that website has a Discovery Handbook that is also the result of a joint project between the Conferences of Circuit Judges and County Court Judges and the Trial Lawyers Section of the Florida Bar. Both of these are a "must read" for any trial lawyer.
 
      If we truly dedicate ourselves to instilling civility and professionalism in our colleagues, it will go a long way toward restoring the reputation of trial lawyers as men and women of competence, character and civility. Let's all give this a chance and commit ourselves to this.
 

Robert Bonner
FDLA President 
 


Member Profile
Meet
 Kansas Gooden
 
            Life has a funny way of working out.  For Kansas Gooden, law school and becoming an attorney was a complete afterthought.  Kansas spent the majority of her life training and practicing to become a professional golfer. She was born into a family of golfers - her father, uncle and cousin are all professionals. She began traveling around the world at a young age to pursue this goal. She achieved success quickly. She was the 1997 and 1999 Virginia State Girls Champion and was highly ranked nationally. 
 
            She then went on to play collegiate golf - first at the University of Louisville and then James Madison University. While at James Madison, she was a member of the two-time CAA Conference Champion Team and was named to the all-conference team. Her senior year she had seven top ten finishes. 
 
Even while competing, she focused on academics and earning her degree in Finance. She made the Dean's list and Athletic Director's Honor Roll each semester and was chosen to be a member of the National Collegiate Scholars Association. She also found time to tutor foreign students in difficult subjects, such as philosophy, and maintained a jobs at the local Bath and Body Works and golf course. 
 
After graduation, Ms. Gooden continued working towards LPGA Qualifying School. She spent the summer competing in numerous events across the country. However, right before Qualifying School, Kansas woke up one morning and decided she no longer wanted to play golf. On a whim, she determined to go to law school. It had never crossed her mind before, but was a natural fit.  She never looked back. 
 
Law school brought her to Florida. She attended St. Thomas University School of Law.  While there, she served as the Articles Editor of the law review and was a competing member of the mock trial team.  She also served as a teaching assistant in Civil Procedure, a research assistant in Property, and tutored in various subjects. She also interned for Chief Judge David Gersten of the Third District Court of Appeal. She graduated magna cum laude. 
 
Upon graduation, she began her career at Walton Lantaff Schroeder & Carson practicing in the area of insurance coverage and bad faith litigation. One of her first cases was an appeal that was passed on to her. Kansas jumped at the chance. The First District ruled in favor of her client, reversed the order granting a new trial and reinstated the defense verdict. She obtained a sizable attorney fee award. She was hooked!
 
Shortly thereafter, she and her boss moved to the law firm of Boyd & Jenerette, PA. The firm did not have an appellate department. The firm allowed Kansas to create and grow the department.  She re-focused her practice to appeals and trial support. 
 
In 2015, Kansas earned Board Certification in Appellate Practice. She has received other recognition within the industry as she has been selected as a Rising Star by Super Lawyers Magazine every year since 2011, won the FDLA Amicus Award in 2015, and was featured as a Rising Star in Attorney At Law Magazine, First Coast Edition, in 2016. 
 
Kansas is heavily involved in bar activities. She is on the executive council of the Florida Bar's Appellate Section and chairs many of the CLE efforts for the section. She is past president of the Jacksonville Association of Defense Counsel and past-chair of the Jacksonville Bar Association's Appellate Section. This summer, she was elected to the board of directors of the FDLA. She also is involved with the amicus committee.
 
            Kansas resides with her long-time boyfriend, Andrew Abramovich, and their hyper, but lovable Golden-Doodle puppy, Lily. Andrew is also an attorney (UF undergrad and Stetson law). He and Kansas met while young associates at Boyd & Jenerette and have been together ever since. Outside of work, Kansas loves to cook and often studies her cookbook collection for ideas and techniques that she puts into practice on the weekends. 
 


FDLA NEW MEMBERS
     
Christie Alisca
Beytin, McLaughlin, McLaughlin, O'Hara, Bocchino & Bolin
Tampa, FL


 

Jeff F. Bogert

Bogert & Rembold PL
Miami, FL


 

Dorothy V. DiFiore

Quintairos Prieto Wood & Boyer PA
Tampa, FL


 

Kyle C. Dudek

Henderson Franklin Starnes & Holt PA

FT, Myers


 

Michael J. Humphries

Marshall Dennehey Warner Coleman & Goggin
Jacksonville, FL


 

Todd C. Hunter

Carr Allison Pugh Howard Oliver & Sisson
Tallahassee, FL


 

Ryan P. Kopf

Adams Hall Schieffelin & Smith PA
Winter Park, FL


 

Ramon L. Lloret Jr.

Gaebe Mullen Antonelli Esco & DiMatteo
Coral Gables, FL


 

Necia Logan
McCumber Daniels Buntz Hartig & Puig PA
Tampa,  FL


 

Ezequiel Lugo
Butler Weihmuller Katz Craig LLP
Tampa, FL


 

Kristin E. Marrero

Walton Lantaff Schroeder & Carson PA
Miami, FL


 

Thomas L. Morelli

Pearson Bitman LLP
Maitland, FL


 

Scott D. Rembold

Bogert & Rembold PL
Coral Gables, FL


 

Natalie B. Sherman

Adams Hall Schieffelin & Smith PA
Winter Park, FL


 

Lance B. Stephan

Walton Lantaff Schroeder & Carson PA
Miami, FL


 

Jacqueline A. Turmes

Taylor Day PA

Jacksonville, FL 

 
   
WELCOME TO FDLA!!!
 

Defense Verdicts  
   
 
 
 
In July, 2016, Attorney Thamir A.R. Kaddouri, Jr . obtained a defense verdict for LEI Construction, Inc., following the jury trial of a personal injury claim filed by the plaintiff, a former University of South Florida ("USF") student. The Plaintiff claimed he had sustained permanent injuries as a result of being stricken by a truck while Plaintiff was riding his bicycle across a cross-walk on campus, in front of a line of cars stopped at a stop-light. The collision occurred when the LEI employee pulled out from behind several cars that were stopped for a traffic light, and ran into the Plaintiff who was crossing the road.  Plaintiff claimed permanent injuries because the force of the impact threw him from his bicycle into the air, after which he hit his head on the employee's truck and fell onto the road surface near the crosswalk, and had to be air-lifted to the hospital. 
 
The truck was driven by an LEI employee, who had traveled to USF during an extended lunch break, to attend his young child's science fair at the USF Sun Dome. The Plaintiff sued LEI Construction for vicarious liability based on its employee's allegedly negligent driving, as well as for negligent hiring and negligent retention of the employee. Immediately before trial, Plaintiff dismissed the negligent hiring and negligent retention claims. In addition, LEI Construction admitted that its employee had driven negligently, but disputed that the employee had been acting in the scope of his employment at the time of the accident.
 
At trial, the testimony established that LEI Construction's employee had actually been assigned to perform minor interior painting and maintenance work at a hospital located in another city, and that his trip to attend his daughter's science fair at the USF Sun Dome had nothing to do with any work-related duties. The employee's wife also testified that he had just left the Sun Dome and was on his way to have lunch with his family when he was involved in the accident with Plaintiff. Plaintiff's counsel argued that LEI Construction should nonetheless be held vicariously responsible for its employee's driving, because it had not directly monitored the time that its employees (including Plaintiff) left the hospital for lunch, or the time those employees returned from their lunch breaks. Instead, LEI Construction allowed the employees to sign themselves in and out for lunch.
 
After 1½ hours of deliberations, the jury specifically found that LEI Construction's employee had not been acting in the course and scope of employment at the time of the accident, and it rendered a defense verdict in favor of LEI Construction. Following a post-trial agreement between the parties, the Plaintiff withdrew his motion for a new trial and agreed not to pursue any appeal.


 



In May 2016, Florida's Fifth District Court of Appeal affirmed a ruling by a trial court judge in favor of a radiologist and his practice. Plaintiffs sued the radiologist, alleging that he needed to call the Plaintiff's primary care physician regarding his radiology findings and not just submit his radiology report to the primary care physician. The trial court granted summary judgment in favor of the radiologist, and Plaintiffs appealed. 
 
Dell Graham attorney Jamie White, argued at the appellate level on behalf of the radiologist. She skillfully persuaded the Court that whether the physician submitted his radiology report to the primary care physician or made a phone call in addition to submitting his report made no difference in the outcome. Ms. White effectively established this position by demonstrating there was no dispute that the primary care physician received the radiology report, understood the significance of the report, and attempted to contact the patient. Arguing before the Fifth District, Ms. White responded with ease to the Court's questions and concerns. Relying on Ms. White's oral argument and her brief, the Fifth District ruled in favor of the radiologist and affirmed the trial court's grant of summary judgment. 
 
A few weeks later, Florida's First District Court of Appeal affirmed a ruling by a trial court judge in favor of an OB/GYN and his practice. Plaintiffs sued the physician and others, alleging that the physician committed medical negligence. After more than a two-week trial, the jury entered a verdict finding in favor of the physician. After trial, Plaintiffs asked the court for a new trial, claiming that the court made various errors throughout the trial proceedings. The trial court denied the request for a new trial and Plaintiffs appealed to the First District Court of Appeal. 
 
Once again, Dell Graham looked to attorney Jamie White to represent the physician in this appeal. Ms. White argued that there were no errors at trial by the judge or otherwise that would entitle Plaintiffs to a new trial. After denying requests for oral argument and relying on Ms. White's brief, the First District entered its opinion, affirming the trial court's order and judgement. 
 
Dell Graham attorney Jamie White represents physicians, business, and other institutions in both federal and state court appeals. As she works towards the level of appellate practice experience required to seek board certification, Dell Graham is continually impressed by Ms. White's persuasive ability, a key skill to master for success at the appellate level. These appeals mark Ms. White's fourth and fifth straight appellate wins in just over one year. With four more appeals pending, Dell Graham looks forward to supporting Ms. White as she continues to further develop the firm's growing appellate practice, and work towards her mastery of the skills needed to excel at the appellate level. 
 



  
  
Michael J. Thomas of Pennington, P.A., in Tallahassee, Florida, received a defense verdict in Okaloosa County on April 6, 2016, in Richard K. Brooks and Sue Ellen Brooks vs. Stephen T. Enguidanos, M.D.

In 2002, plaintiff Richard K. Brooks underwent surgery in Georgia to place spinal hardware in his cervical spine. In 2007, Mr. Brooks began treatment with defendant Dr. Enguidanos for lumbar spine pain. Dr. Enguidanos obtained x-rays and CT scan images of both the lumbar spine and the cervical spine. Dr. Enguidanos noted that a cervical screw, placed in 2002 by a surgeon in Georgia, had backed out slightly. Dr. Enguidanos discussed with Mr. and Mrs. Brooks the risks associated with a screw backing out, described what symptoms to watch out for, and told them to report to him or the ER if they noticed any of the classic symptoms. The Brookses disputed the warnings given by Dr. Enguidanos. Mr. Brooks moved back to Georgia and stopped treating with Dr. Enguidanos in 2008.

In 2010, Mr. Brooks began to experience the symptoms of the cervical screw backing out, and reported to the ER. He suffered a perforated esophagus, became septic, was placed on a ventilator, and experienced an extended hospital stay (five weeks). Mr. Brooks alleged that Dr. Enguidanos failed to warn him of the risks of the screw backing out, failed to take serial radiological images to monitor the screw, and failed to timely remove the screw to prevent the injuries he suffered. Mr. Brooks claimed past medical expenses and past pain and suffering. Mrs. Brooks claimed loss of consortium.

After a three-day trial, the jury deliberated for approximately 30 minutes before returning a defense verdict, finding no negligence by Dr. Enguidanos that was the cause of any loss, injury, or damage to Mr. Brooks.


  
 

 

Thomas Moffitt Howell and E.T. Fernandez of Fernandez Trial Lawyers (FTL), in Jacksonville, Florida, obtained a unique win in the case of Southeast Toyota LLC v. ATC Logistics as recently ordered by the First District Court of Appeals of Florida.

What makes this win so "unique" is how these two lawyers, now both members of FTL, combined their efforts-while in different firms, and at different stages of the case-to produce this great result. Before joining FTL at the beginning of this year, John Howell was a founding partner at O'Neal & Howell.

While at his former firm, John tried this very case as the lead defense counsel. The court made an unfavorable ruling and entered a costly summary judgment against his client, and John recommended that the client appeal. They agreed to follow his advice. Then, and at the appellate level, because of conflicts, E.T. was eventually asked to represent the same client and file the appeal.

Through both of their efforts, FTL Wins!

Not only did they win, they got an order mandating that the lower court reverse itself and enter summary judgment in their client's favor instead. This result saved the client close to $700,000.00.

The best part, though, is they now have the right to seek fees and costs from the plaintiff because of a Proposal for Settlement filed early in the lawsuit.

The eventual result could easily be in excess of $1.5M in savings to the client.




 
 
Partner Carol Rooney from the Tampa office and another partner from the Tallahassee office of Butler Weihmuller Katz Craig LLP, along with support from Butler's appellate team, recently won a summary judgment in a medical malpractice action. Plaintiff asserted that her medical providers negligently prescribed a medication that caused a particular gastrointestinal disorder which required surgical intervention. In deposition, the plaintiff specified her symptoms, admitting that she had experienced gastrointestinal issues throughout her life and was being treated with medication by other providers for other unrelated symptoms.

The medical providers moved for summary judgment, attaching affidavits from medical experts opining the medication the defendants prescribed did not cause the Plaintiff's gastrointestinal disorder. Plaintiff filed an affidavit from a medical expert who opined that the medical providers were negligent and that their negligence caused Plaintiff's maladies. However, his affidavit was based in part on his incorrect assumption that Plaintiff had no pre-existing gastrointestinal symptoms prior to taking the medication prescribed by the defendants, in direct conflict with Plaintiff's prior admissions about having life-long gastrointestinal issues.

The trial court granted summary judgment, ruling that the expert affidavit did not create a contested issue of material fact, because it did not address the Plaintiff's previous sworn testimony containing conflicting background information. This issue and others were raised on appeal, and the appellate court affirmed the summary judgment. The rulings are consistent with several decades of established Florida law prohibiting a party from contradicting her own prior testimony with her own affidavit or the affidavit of another in an effort to create a disputed issue of material fact to avoid summary judgment.


 
KEEP THOSE VERDICTS COMING!!!




COMMITTEE NEWS 
   


AMICUS
Chair
Caryn L. Bellus
Kubicki Draper
Phone: 305-982-6634 
 
The Amicus Committee is seeking FDLA members ready, willing
and able to author amicus briefs. Be sure to contact the Amicus Committee if you 
have a case that might benefit from an FDLA Amicus brief.


AUTO/TRANSPORTATION
Chair
Benjamin A. Kashi, Esq.
Cooney Trybus Kwavnick Peets PLC
Phone: 954-568-5091

 
CONTINUING LEGAL EDUCATION COMMITTEE
If anyone has any suggestions regarding topics for future seminars or webinars - 
or if you are interested in chairing this committee, please contact the FDLA office or 
FDLA President, Robert Bonner.

 
CONSTRUCTION LAW
Chair  
Michael B. Bittner, Esq.
Marks Gray
Phone: 904-398-0900

 
GOVERNMENT LAW
Chair
Meagan L. Logan, Esq.
Marks Gray PA
Phone: 904-807-2145
E-mail:  mll@marksgray.com


INSURANCE COVERAGE LAW
Chair  
Christienne H. Sherouse, Esq.
Gaebe Mullen Antonelli & DiMatteo
Phone: 305-667-0223

 
LABOR/EMPLOYMENT
Chair
Alva Cross Crawford, Esq.
Cross HR Law
Phone: 813-727-4574

 
PREMISES LIABILITY
Co-Chairs  
John A. Chiocca, Esq.
Cole Scott & Kissane PA
Phone: 561-383-9220


Heath L. Vickers, Esq.
Marks Gray
Phone: 904-807-2163

 
PRODUCTS LIABILITY
Co-Chairs 
Mark C. Greene, Esq.
Banker Lopez Gassler PA
Phone: 813-221-1500

Larry D. Smith
Southern Trial Counsel PLC
Phone: 407-422-6100

There were over 200 folks listed on the Committee when we took it over a couple of
 years ago, but almost none were active and most did not practice in the area. I have 
since paired the Committee down to approximately 40 members, all of whom practice 
in the product liability area and most of whom are active and responsive. Thus, it 
seems to working much better that previously now although we clearly could be doing 
more. We continue to recruit for new members and seek to obtain speakers at 
upcoming FDLA events regarding cutting edge product liability topics.
 
The Committee has been chaired by myself with Larry Smith as 
co-chair since early 2014.
 
This year we held an annual meeting in Orlando at the Claims Convention. We had 
rather tepid attendance, but the 5 of us that were there met for an hour or so and 
discussed the upcoming year. We also periodically send out case reports to the group 
for comment and have been fairly active in publishing 3 or 4 times a year in the deFense Post. We do need more volunteers from our group to submit case blurbs and short articles this year.
 
Overall things are going fine but we am certainly interesting in learning what other Committee  Chairs are doing and receiving input from the Board and our liaison on expansion, upcoming  speaking engagement opportunities and the like.


PROFESSIONAL LIABILITY
Chair
Renee F Knaust, Esq.
Beytin McLaughlin
Phone: 813-226-3000
 
 
TRIAL ADVOCATE QUARTERLY
Chair  
Matthew J. Lavisky, Esq.
Butler Pappas Weihmuller Katz Craig LLP
Phone: 813-281-1900

The Trial Advocate Quarterly continues to publish timely, substantive articles and case 
law updates. We've also added featured columns: Tips for Young Lawyers and 
Trial Essentials. Michael Forte is coordinating both featured columns. The Tips for 
Young Lawyers column has been very successful, with authors including retired Supreme  Court Justices Major Harding and Raoul Cantero.


WOMEN AND THE LAW
Co-Chairs
Isabel D. Barroso, Esq.
Quintairos, Prieto, Wood & Boyer, P.A.
Phone: 239-590-6065
Email:   i sabel.barroso@qpwblaw.com

Carol M. Rooney, Esq.
Butler Weihmuller Katz Craig LLP
Phone: 813-281-1900
Email:   crooney@butler.legal

  
WORKERS COMPENSATION
Chair  
Reinaldo Alvarez
Luks Santaniello Petrillo & Jones
Phone: 305-377-8900


YOUNG LAWYERS
Chair
John M. Miller, Esq.
Henderson Franklin Starnes & Holt PA
Phone: 239-344-1310

Vice-Chairs
Brett M. Henson, Esq.
Dickinson & Gibbons PA
Phone: 941-336-4680

Miguel R. Roura, Esq.
Roig Lawyers
Phone: 813-514-1865


If you are interested in joining-or becoming active in any of FDLA's committees, please contact either the Committee Chair or the FDLA office ( ljude@fdla.org ).

Join a Committee TODAY!!


Announcements 

 

 Martina Lanfersiek, Esq., named Senior Associate
 
McIntosh Sawran & Cartaya, P.A. announces that Martina Lanfersiek, Esq. has been named Senior Associate. Martina joined MSC in February 2010, following several years as an Assistant State Attorney in Orange and Broward counties. As part of the Miami Team, she focuses on premises, general and  commercial liability, and catastrophic injury. 


 
        



 
ROIG Lawyers managing partner, Michael A. Rosenberg, along with firm members from the Orlando and Miami offices, presented two courses titled "Examinations Under Oath- Back to the Future" and "The Subtleties and Technicalities of IME Reports in Insurance Defense Litigation" to 60 insurance adjusters.
 
Rosenberg's practice focuses on litigating complex insurance cases in the areas of fraud (SIU) investigations, Personal Injury Protection (PIP)/No-Fault litigation, and Examinations Under Oath (EUO) in federal and state courts. Rosenberg has managed disputes involving motor vehicle, wrongful death, premises liability, and commercial litigation matters. His experience also includes oversight for the defense of business owners, property managers, and other parties in business disputes brought across the state.


  



 
McIntosh Sawran & Cartaya, P.A., announce new Co-Chair of Construction Law Section of Broward County Bar Association, 
Michael F. Barzyk.
 
McIntosh Sawran & Cartaya, P.A. announces that Partner Michael F. Barzyk, resident in the Fort Lauderdale office, has been appointed Co-Chair of the Construction Law Section of the Broward County Bar Association. Mr. Barzyk presented a case law update to the Construction Law Section on July 27, 2016. 





   
Douglas M. McIntosh, reappointed as co-chair of the 
Professionalism & Ethics Committee of ACCEC.

Douglas M. McIntosh, President of McIntosh Sawran & Cartaya, P.A., has been re-appointed as co-chair of the Professionalism & Ethics Committee of the American College of Coverage and Extra-Contractual Counsel (ACCEC). Composed of preeminent coverage and extra-contractual counsel in the United State and Canada, ACCEC focuses on the creative, ethical and efficient adjudication of insurance coverage and extra-contractual disputes.







ROIG Lawyers promotes five attorneys statewide

ROIG Lawyers is pleased to announce the promotion of five attorneys throughout the firm's statewide offices. More than half of the promotions were awarded to minority attorneys.   
 
"These promotions reflect our focus on growth and our commitment to providing opportunities for our people," said Roig Lawyers' Founding Partner. "The continued hard work of each of these leaders' helps us make even more of an impact for our clients, providing the unique support that is expected from us. We are very proud of that."
 
Congratulations to Peter S. Nayrouz and Miguel R. Roura from the Tampa office!
 
Pete, a litigation attorney who handles a high volume practice, with an emphasis on Bodily Injury (BI), Personal Injury Protection (PIP), insurance fraud (SIU) and property litigation. Pete defends carriers throughout all stages of litigation, including SIU pre-suit investigations, conducting Examinations Under Oath and providing coverage opinions.
 
Miguel concentrates his practice in the areas of Personal Injury Protection (PIP)/No-Fault litigation and fraud (SIU) investigations. He also defends clients in cases involving bodily injury, uninsured motorist, property damage, and general liability litigation. The identification and investigation of fraudulent claims represents a significant portion of Miguel's practice.







Nearly 60% of the McIntosh Sawran & Cartaya employee body accepted President Douglas McIntosh's challenge to make individual lifestyle changes to improve their overall health and fitness. Coincident with the Rio Olympic Games, the "2016 MSC Wellness Olympics" got off to a fast start and has served to expand the firm's commitment to the health and wellness of its employees. "Our goal is to strengthen our employees' physical and mental well-being by creating a culture that supports healthy lifestyle choices," said McIntosh. "Making one simple change a month can make all the difference for many of us".





  
McIntosh Sawran & Cartaya Partner  Michael J. Lynott participated in the 2016 Annual Invitation SanPar Leukemia Golf Tournament in Tampa Florida, bringing awareness and support to the Leukemia and Lymphoma Society.
 
The Leukemia & Lymphoma Society (LLS), founded in 1949, is the world's largest voluntary health organization dedicated to funding blood cancer
research, education and patient services.




 

On October 13, 2016, ten members of McIntosh Sawran & Cartaya's team of professionals had the distinct pleasure of participating in the "Believing in Girls" luncheon event for the Miami-based non-profit school for at-risk girls, PACE Miami, at the Coral Gables Country Club.  PACE Center for Girls, Inc. is a nationally recognized and research-based model for girls and young women of middle and high school age that provides holistic, gender responsive and trauma informed services including academics, counseling, career preparation and independent living skills.
 
PACE Miami opened its doors to the Miami Community on March 6, 2014. PACE Miami is an innovative prevention and intervention program that addresses the needs of girls from the ages of 11-17, who have suffered trauma and consequently are failing in school or at risk of becoming involved in the Juvenile Justice system. 








In August, members of the McIntosh Sawran & Cartaya, P.A. firm, with the support of its Charitable Events Committee, participated for the third consecutive year in a back-to-school charity drive. This year, the firm again participated in HOPE Outreach Center, Inc.'s "Back to School Backpack Drive", which provides over 400 needy children with backpacks and supplies in Broward County. Members of the firm purchased school supplies and backpacks for 24 children grades kindergarten through fifth grade.
 
HOPE Outreach Center, Inc. is committed to Helping Other People Everyday. Their many programs and  services offer a hand up to people who are unable to make ends meet due to job losses, disabilities, health  crises, and other emergencies.




Pictured above are John Miller (left)
and Sue Miesel (right).

Holiday Sweater Day
at
Henderson Franklin Starnes & Holt PA




Andrew S. Bolin Receives 
Fred H. Sievert Award
 
 

FDLA Immediate Past President Andrew S. Bolin received DRI's 2016 Fred H. Sievert Award. The award honors an individual who, as president of a state or local defense organization, has made a significant contribution toward achieving the goals and objectives of the organized defense bar.

The award was presented at the Awards Luncheon on Thursday, October 20 at the 2016 DRI Annual Meeting in Boston, Massachusetts. The luncheon featured keynote speaker Ronald Kessler, New York Times bestselling author, who revealed what Secret Service agents have seen, providing inside stories about presidents, vice presidents, families, Cabinet officers and White House aides.

Congratulations Andy!


  
2016-2017 FDLA
BOARD OF DIRECTORS


PRESIDENT
Robert E. Bonner
Meier Bonner Muszynski O'Dell & Harvey PA
Phone: 407-872-7774
Email: reb@fltrialteam.com

PRESIDENT-ELECT
Jeffrey W. Johnson
Johnson Law Group
Phone: 561-994-9433
Email: jwj@j2law.com

SECRETARY/TREASURER
Traci McKee
Henderson Franklin Starnes & Holt PA
Phone: 239-344-1100
Email: traci.mckee@henlaw.com

IMMEDIATE PAST PRESIDENT
Andrew S. Bolin
Beytin McLaughlin McLaughlin O'Hara Bocchino & Bolin
Phone: 813-226-3000
Email: asb@law-fla.com

DIRECTORS
District 1: Douglas P. Jones
Carr Allison Pugh Howard Oliver & Sisson
Phone: 850-222-2107
Email: djones@carrallison.com

Kansas R. Gooden
Boyd & Jenerette PA
Phone: 904-353-6241
Email: kgooden@boyd-jenerette.com


District 2: Edward J. Carbone
Roig Lawyers
Phone: 813-514-1865
Email: ECarbone@roiglawyers.com

Mark C. Greene
Banker Lopez Gassler PA
Phone: 813-221-1500
Email: mgreene@bankerlopez.com


District 3: Devang Desai
Gaebe Mullen Antonelli & DiMatteo
Phone: 305-667-0223
Email: ddesai@gaebemullen.com

Sally H. Seltzer
Quintairos, Prieto, Wood & Boyer, P.A.
Phone: 305-670-1101
Email: sally.seltzer@qpwblaw.com

District 4: Mark J. Rose
Roig Lawyers
Phone: 954-462-0330
Email: mrose@roiglawyers.com

Bruce M. Trybus
Cooney Trybus Kwavnick Peets PLC
Phone: 954-568-6669
Email: btrybus@ctkplaw.com

District 5: Amanda J. Bowman
Smith Bigman Brock
Phone: 386-254-6875
Email: ajacobsen@daytonalaw.com

Francis E. Pierce IV
Goldberg Segalla
Phone: 407-458-5606
Email: fpierce@goldbergsegalla.com

Young Lawyer Director: John M. Miller
Henderson Franklin Starnes & Holt PA
Phone: 239-344-1310
Email: john.miller@henlaw.com

  


  

Limiting Damages in 
Premises Liability Cases
Lunch and Learn

The fourth in FDLA's 2016 Lunch and Learn Webinar Series was held on Tuesday, August 9, 2016.  Renee F. Knaust ( Beytin McLaughlin McLaughlin O'Hara Bocchino & Bolin PA in Tampa) presented  Limiting Damages in Premises Liability Cases
.
 
Renee provided a brief overview of strategic motions and supporting cases, aimed to limit damages that can be filed during the course of discovery and prior to trial.
 
The webinar was approved by The Florida Bar for 1.5 CLER and 1.5 Civil Trial Certification credits.  Webinar attendees earned credits from their own offices over the lunch hour. 

 


  

ADVANCED LITIGATION
BOOT CAMP

On Friday, October 14, 2016, attendees and speakers gathered for the Annual FDLA Advanced Litigation Boot Camp in Longwood, Florida.
 
Attendees earned 7.5 hours of CLE (including 2.5 ethics) and 7.5 Civil 
Trial Certification Credits from The Florida Bar while updating and honing 
their litigation skills. 
 
Topics and Speakers for this year's Boot Camp:
 
Surviving and Thriving in Federal Court
Robert E. Bonner
Meier Bonner - Longwood, Florida
 
How to Improve Your Chances of Obtaining a Successful Mediation
L. Johnson Sarber III
Marks Gray - Jacksonville, Florida
 
Workers Compensation Immunity
Shana Nogues-Pollack
Luks Santaniello - Miami, Florida
 
Ethics for Lunch:  
Don't be Stupid - and Don't be Stupid if You Have Been Stupid - or - How to Keep Your License to Practice Law in an Increasingly Booby-Trapped Practice World - and Suit Avoidance - and Bad Faith Avoidance
Mark Sullivan
Klein Glasser - Miami, Florida

Alex A Diaz
Klein Glasser - Miami, Florida

J. Charles Ingram
Estes Ingram - Orlando, Florida

Remember - Don't be Stupid - Don't Get Sued - Retire 
with Your License (Ethics - Continued)
Mark Sullivan
Klein Glasser - Miami, Florida

Alex A Diaz
Klein Glasser - Miami, Florida

J. Charles Ingram
Estes Ingram - Orlando, Florida
 
The Jury's Out: The Composition of Jury Pools Across Florida
Traci McKee
Henderson Franklin - Fort Myers, Florida
 
Case Law Update
John M. Miller
Henderson Franklin - Fort Myers, Florida


  

In addition to the CLE credits, attendees not currently FDLA members could  receive a "free" one-year FDLA membership for 2017 simply by completing and returning the membership application.
 
Don't miss out. Mark your calendars for Friday, November 10, 2017 for
FDLA's 2017  Advanced  Litigation  Boot Camp.

Thanks to all those who participated in our 2016 Advanced Litigation Boot Camp.
 
A VERY SPECIAL "THANK YOU" to the Sponsors of this seminar!

Global Engineering Scientific Solutions LLC
(GESS)
 
LexisNexis
 
Robson Forensic
 
SEA Ltd
 
 
 
2016 ANNUAL MEETING
took place on 
September 22-25, 2016
 
 LaPlaya Beach
& Golf Resort
Naples, FL




Attendees of the 2016 FDLA Annual Meeting were treated to a casual, relaxing meeting at LaPlaya Beach and Golf Resort in Naples. With white sand beaches and panoramic views of the Gulf of Mexico and Vanderbilt Bay, LaPlaya offered luxury at Naples' only true beachfront resort.

 

FDLA's Annual Meeting again provided an opportunity to renew old friendships and make new ones with other lawyers and their families from around the state. 


 
The meeting opened on Thursday evening with the Past President's Welcome Reception, open to all attendees and their families/guests. A buffet meal-featuring a Cuban Roast Pig-offered ample food. While the weather did not fully cooperate, attendees had an opportunity to meet with old (and new) friends and several of the FDLA early presidents.



A variety of topics applicable to all in attendance, were presented during the educational portion of the meeting on Friday and Saturday mornings. Topics/speakers included: 10 Things Your Clients Wish You Knew ( Michael W. Crouch-Auto-Owners Insurance-Ft Myers FL/Warren Wilson-Johns Eastern Company)Appellate Tips For Trial Lawyers (Kansas R. Gooden-Boyd & Jenerette PA-Jacksonville FL);  Effectively Presenting Prior Injury Evidence (Ronald L. Arend-Arend & Sisk PA-Ft Myers FL/Curtright C. Truitt-Curtright C Truitt PA-Ft Myers FL);  Jury Selection (Mark E McLaughlin-Beytin McLaughlin McLaughlin O'Hara & Bolin PA-Tampa FL/Francis E. Pierce III-Mateer Harbert-Orlando FL/David A. Corso-Fisher Rushmer PA-Orlando FL);  Ethics And Legal Malpractice (Traci McKee-Henderson Franklin Starnes & Holt-Ft. Myers FL); and  Preparing Your Client For Deposition And Defending The Deposition(Jeffrey M. Goodis-Goodis Thompson & Miller-St Petersburg FL/Michael A. Gross-CogentEdge LLC).
 
The seminar was approved for 8.0 credits, including 1.0 ethics and 8.0 Civil Trial Certification by The Florida Bar. 
 
On Friday evening, FDLA offered an optional event for attendees-a brewery tour/pub crawl.  Participants hopped on the FDLA trolley for a unique way to experience Naples.  Several attendees took the opportunity to continue their pub crawl after the "official crawl" ended.
 
a t the Annual Business meeting on Saturday morning (September 24) FDLA elected officers and directors for the upcoming year.  Andrew S. Bolin ( Beytin, McLaughlin, McLaughlin, O'Hara, Bocchino & Bolin , Tampa) passed  the presidential gavel to Robert E. Bonner (Meier Bonner Muszynski  O'Dell & Harvey PA, Longwood) FDLA's new president.  Joining Bob as officers of the Association are Jeffrey W. Johnson (Johnson Law Group, Boca Raton) president-elect and Traci McKee (Henderson Franklin Starnes & Holt PA, Ft Meyers) secretary-treasurer. 
 
Newly elected Directors are  Kansas R. Gooden (Boyd & Jenerette PA) from District 1, Mark C. Greene (Banker Lopez Gassler PA) from District 2, Sally Seltzer  (Quintairos Prieto Wood & Boyer PA) from District 3, and Amanda J. Bowman (Smith Bigman Brock) from District 5.  Edward J. Carbone, Roig Lawyers (District 2), Mark J. Rose, Roig Lawyers (District 4) and John M. Miller, Henderson Franklin Starnes & Holt PA (Young Lawyer Director) were re-elected.
 
The other FDLA directors are. Douglas P. Jones, Carr Allison Pugh Howard Oliver & Sisson (District 1); Devang Desai, Gaebe Mullen Antonelli & DiMatteo, (District 3); Bruce M. Trybus, Cooney Trybus Kwavnick Peets PLC (District 4); and Francis E. Pierce IV, Goldberg Segalla (District 5)
 
FDLA expresses its thanks to David Corso, Fisher Rushmer (District 5), for his service and efforts on behalf of the Association. His dedication to FDLA while serving as a director is greatly appreciated.
 
A highlight of each Annual Meeting is the FDLA awards presentation and this year was no exception. FDLA extends its congratulations and appreciation to those receiving awards. The awards were presented at the Saturday night Family Beach Party. Entertained by a steel drum duo, all enjoyed food, beverage, hermit crab races and games until once again the weather failed to cooperate.
 
This year FDLA's 50/50 Raffle benefited ECHO of Brandon. The Emergency Care Help Organization (ECHO Brandon FL) provides immediate relief in the forms of food, clothing and household items to those residents of Eastern Hillsborough County that have experienced a recent emergency. Since its inception in 1987, ECHO FL has assisted over 180,000 individuals, over half of whom were children, with the basic life necessities. Thanks to all who took part!
 
A "very special thanks" to Andrew S. Bolin for this year's FDLA Annual Meeting!  ALL who attended had a great time.
 
Watch for the dates and locations for the 2017 FDLA Annual Meeting.




2016 FDLA ANNUAL 
MEETING AWARDS

JOSEPH P. METZGER OUTSTANDING ACHIEVEMENT AWARD

In recognition of superlative members' dedication to FDLA and all its goal is 

  Robert E. Bonner
(Meier Bonner Muszynski  O'Dell & Harvey PA in Longwood)
 

PRESIDENT'S AWARD

Linda Jude
(FDLA Executive Director)

JAMES A. DIXON YOUNG LAWYER AWARD
In recognition for exceeding the standards of excellence, dedication and commitment to FDLA and its goals
 
Brett M. Henson 
( Dickinson & Gibbons PA in Sarasota)
 

AMICUS AWARD

Sharon C. Degnan 
( Kubicki Draper in Ft. Lauderdale)
 
TAQ
 
John M. Miller 
( Henderson Franklin Starnes & Holt PA in Ft Meyers)
 

CLE

  David A. Corso 
( Fisher Rushmer in Orlando)
 
J. Charles Ingram 
(Estes Ingram Foels & Gibbs PA in Orlando)
 
FLORIDA LIABILITY CLAIMS INSTITUTE
In appreciation for your leadership

Dale J. Paleschic 
( Luks Santaniello Petrillo & Jones in Ft Lauderdale)

 
DEFENSE RESEACH INSTITUTE 
OUTSTANDING 
RECOGNITION AWARD
 
Andrew S. Bolin 
( Beytin McLaughlin McLaughlin O'Hara, Bocchino & Bolin in Tampa)

OFFICERS/ DIRECTORS
Instead of the traditional awards, FDLA made a contribution to ECHO of Brandon on behalf of the Officers and Directors of FDLA.

OUT-GOING PRESIDENT'S GIFT
Bob Bonner presented out-going FDLA president  Andrew S. Bolin 
with a certificate of appreciation and FDLA made a contribution to 
ECHO of Brandon in Andy's name.




"THANK YOU"
2016 FDLA ANNUAL MEETING EXHIBITORS

ARCCA, Inc

CED Technologies, Inc

Exponent, Inc

Global Engineering Scientific Solutions

Magna Legal Services

Nelson Forensics LLC

Omega Forensic Engineering

RGL Forensic

Robson Forensic

S-E-A Limited

US Legal

Witnex, Inc



"THANK YOU"
2016 FDLA ANNUAL MEETING SPONSORS

ARCAA, Inc

Defense Research Institue (DRI)

Exponent, Inc

Global Engineering Scientific Solutions
(2016 FDLA Silver Sponsor)

Riesdorph Reporting Group, Inc

S.E.A. Ltd
(2016 FDLA Platinum Sponsor)




A SPECIAL THANK YOU 
TO THE
2016 FDLA SPONSORS!
 
 
2016 Silver Sponsor
 
 
2016 Platinum Sponsor
 






2017 FDLA  Lunch and Learn
Webinar Series
  
The 2017 Lunch and Learn Webinar Series kicked off on Tuesday, 
December 6, 2016. Kansas R. Gooden  ( Boyd & Jenerette PA 
in Jacksonville) presented Appellate Tips for Trial Lawyers.
 
This webinar provided trial lawyers - young attorneys and seasoned 
veterans alike - with the tools to preserve the record so their client can 
ultimately win the battle on appeal. It covered  pretrial issues, such as 
discovery, and issues arising during the course of the trial.
 
This webinar was approved for 1.5 CLER and 1.5 Appellate Practice 
Certification credits by The Florida Bar.
 
FDLA' s Lunch and Learn Webinars are an opportunity to earn 
CLE credit  right at your desk during your lunch break.
 
 
Be sure to mark your calendars with these dates for future Lunch 
and Learn Webinars:
  • Wednesday, February 8, 2017 - Defending Motorcycle Crashes - presented by Lee  "Pete" Muschott (Lee E Muschott PA in Ft. Pierce)
  • Thursday, April 6, 2017 - Closing Arguments - presented by Robert Bonner (Meier Bonner Muszynski O'Dell & Harvey PA in Longwood)
  • Tuesday, June 20, 2017 - Resolution to Homeowners' Claims -presented by Sterling McMahan (Cooney Trybus Kwavnick Peets PLC in Ft. Lauderdale)
  • Friday, August 11, 2017 - TBA
  • Thursday, October 12, 2017 - TBA
  • Thursday, December 14, 2017 - TBA 
 If any FDLA Committee or FDLA member is interested in 
presenting a  webinar, please contact the FDLA office and 
FDLA President, Robert Bonner.





2017 FDLA 
Membership Renewals
Are In The Mail!!
    Renew your membership, encourage others in your firm and your colleagues to join. FDLA needs your participa ­tion and suggestions on how FDLA can better serve the defense bar now and in the years ahead.   

FDLA Needs YOU!  


 
BEST WISHES
for a
HAPPY HOLIDAY 
SEASON
and for the
NEW YEAR!!
from FDLA!


Copyright © 20 16
 
deFENSE POST is published four times a year by the Florida Defense Lawyers Association.
 
While information in deFENSE POST is believed to be accurate, it is recommended that interested parties telephone or write to the submitting attorney named in each case report or article before incorporating the information into their work product.
 
Items of interest to the membership are welcome and may be sent to the Association office for inclusion in deFENSE POST.
 
Linda L. Jude, Executive Director
Florida Defense Lawyers Association
6105 M Memorial Highway
PO Box 260037
Tampa, Florida 33685
Phone:(813) 885-9888
Fax:(813) 885-5547
E-mail:  ljude@fdla.org