Recent Past Results
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Automobile/Motorcycle Cases
Jonna Mays v. Richard J. Lucibella. Settled for $1,750,000.00, November 2004.
On October 24, 2000, thirty-two (32) year old Jonna Mays was a seat-belted driver of a vehicle traveling north on Interstate I-95. Traffic began to slow and Ms. Mays slowed and came to a complete stop. The Defendant, Richard Lucibella, who was using his cell phone at the time, failed to notice the traffic slowing and rear ended Ms. Mays’ vehicle. The impact was sufficiently forceful to propel Jonna Mays’ vehicle into the vehicle in front of her. Despite conservative care Ms. Mays eventually required surgical intervention. Robert A. Zimmerman reached a settlement with Mr. Lucibella’ insurance carrier at mediation and just prior to trial for $1,750,000.00.
Aida Pelaez v. GEICO Insurance Company. Settled for $1,000,000.00, July 2004.
Mrs. Aida Pelaez, an 83 year old passenger of a vehicle that was turning left on a green light at an intersection in Boca Raton, Florida was seriously injured when a vehicle ran a red light at that intersection and collided with the vehicle occupied by Mrs. Pelaez. She suffered a perforated colon requiring emergency surgery; a pulmonary embolism and a left pneumothorax, both requiring surgery, as well as a fractured pelvis and lumbar spine requiring a hospital stay of approximately 2 months. After thorough preparation by Baker & Zimmerman, the case settled for $1,000,000.00, which represented the insurance maximum on the case.
South Florida Automobile Accident Case
A local husband and wife were tragically killed in an automobile accident which occurred on August 5, 2006. After conducting our own internal investigation as well as from reviewing the autopsy reports, we found that the driver a rental vehicle negligently rear-ended the Plaintiff’s vehicle causing it to be propelled into oncoming traffic. The vehicle was subsequently struck by a semi-trailer and pushed into a canal. A settlement was reached in the amount of $1,190,000 with the company who insured the semi-trailer. A case is still being pursued against the rental car company.
Trucking Accident Cases
Confidential v. Trucking Company, Inc. Settled for $1,000,000.00, December 2005.
Plaintiff, a commercial truck driver, was driving a tractor-trailer tanker containing a load of aviation gas and traveling southbound on the 7-mile bridge on route to Key West. An SUV was traveling northbound in the same location and came over into the southbound lane colliding with the tractor-trailer. The tractor-trailer cab ignited as a result of this explosion. Both Plaintiff and the driver of the SUV perished in the accident. A settlement has been paid by the company who owned the tractor-trailer that Plaintiff was driving for policy limits of $1,000,000.00. Baker & Zimmerman is still pursuing claims against the driver of the SUV and a products liability claim against the truck manufacturer.
Insurance Bad Faith/Excess Verdict Cases
David Mangum v. Frank P. Stallone. Verdict $603,792.86. April 2005.
Mr. Mangum was driving his vehicle and exiting a parking lot in Boca Raton. As Mr. Mangum pulled out the defendant, who was traveling north, changed lanes and collided with Mr. Mangum’s vehicle. Mr. Mangum sustained a herniated disc requiring surgery, a rotator cuff tear and labrel tear to this left shoulder which also required surgery. Mr. Stallone’s insurance carrier claimed that the accident was entirely Mr. Mangum’s fault. They further claimed that Mr. Mangum’s surgeries were necessitated by a subsequent accident. The insurance company would therefore not tender their insurance limits of $50,000.00. The case was tried by Robert B. Baker and the jury rendered a verdict of $603,792.86 for Mr. Mangum. Post-trial Baker & Zimmerman sought an assignment of rights from Mr. Stallone to bring an action for insurance bad faith against his carrier for failing to settle, thereby insulating Mr. Stallone from an excess verdict.
Miscellaneous Injury Cases
Confidential v. Archdiocese of Confidential. Settled for $7,000,000.00, January 2005.
Plaintiff after suppressing his pain for many years decided to seek recourse through the civil justice system after obtaining counseling for sexual abuse which had occurred approximately 15 years earlier. Plaintiff contacted Baker & Zimmerman who agreed to pursue this highly controversial and distressing case. At the conclusion of several critical depositions the Archdiocese accepted responsibility and settled for $7,000,000.00 to avoid a trial verdict.
Boat/Personal Watercraft Cases
Confidential v. Personal Watercraft Manufacturer. $48,500,000.00 submission to Jury. Confidential settlement, January 2006.
In August of 1999, Plaintiff’s 12 year old daughter took out a personal watercraft under the supervision of the owner’s 17 year old son. The personal watercraft was not equipped with a rudder, nor was there an age-based warning present anywhere on the craft. Since it was not possible to steer the personal watercraft with the throttle off, the 12 year old ran it into a dock in the intracoastal waterway and died as a result of blunt trauma to the head resulting from the collision. Experts on behalf of the Plaintiff opined that the manufacturer was negligent in not posting a warning on the personal watercraft stating that it should not be operated by persons under the age of 16, which safety studies have shown to be necessary. Robert B. Baker asked the jury to render a verdict for $48,500,000.00 in closing argument. The jury proceeded to deliberations at which time a confidential settlement was reached between the parties.
Cruise Ship Cases
Confidential v. Cruise Line, Ltd. Settled for $7,000,000.00, May 2005.
Long-time employee of a cruise line suffered second and third degree burns as a result of an explosion in the boiler room while the cruise line’s ship was in port. These burn injuries proved fatal in that the cruise line employee died 3 days following the explosion. Robert A. Zimmerman traveled with his team of experts to Germany and inspected the dry docked vessel. Our experts determined that the boiler exploded as a result of negligence in maintenance. Shortly after Robert A. Zimmerman impassed mediation, the cruise line settled the claim with the employee’s widow and minor child for $7,000,000.00.
Drug/Pharmaceutical Cases
Confidential v. Bayer Pharmaceutical, Inc. Settled for $4,600,000.00, October 2004.
Plaintiff had taken Bayer’s drug Baycol and shortly thereafter was diagnosed with Rhabdomyolysis, a condition that results in muscle cell breakdown and release of the contents of muscle cells into the bloodstream. After withdrawal of Baycol by Bayer, Plaintiff sought representation from Baker & Zimmerman. Baker & Zimmerman’s experts were able to prove that Plaintiff’s Rhabdomyolysis was caused by Baycol. Bayer settled this claim for $4,600,000.00 in 2004.
