Our client was taking her morning walk when she was attacked and mauled to death by two pit bulls that were allowed to run loose in a rural neighborhood in Naples, Florida.The dogs’ owner, once she realized what had occurred, rather than call the police, drove the dogs 40 miles away into the woods and abandoned them in a effort to avoid her responsibility. Through extensive investigation, we found one of the dogs and conducted DNA testing, linking the animal to dog saliva found on our client’s body. In addition dental impressions of the bite marks taken from the deceased’s body were matched to the dogs teeth As with most homeowners insurance policies, dog bite injuries were excluded from coverage. However, due to the egregious nature of the fact of the case, and a legal challenge to the validity to the animal injury exclusion in the policy,shortly prior to trial the insurance company capitulated and paid their entire policy limit.
This case involved a 9 year old boy who sustained a fractured skull and a traumatic brain injury when a neighbor’s dog jumped on him, knocking him to the ground. Up until two weeks before trial the only settlement offer from the insurance company was $19,000.00. Preparation for trial included plaintiff hiring experts in the fields of animal behavior and a pediatric child neuropsychologist to conduct the testing necessary to prove the extent of the child’s traumatic brain injury. As a result of these efforts, on the eve of trial the insurance company tendered their policy limit.
A taxi cab struck our client while she was on an early morning bike ride. It was dark outside when the accident occurred and liability was disputed. After extensive preparation, including hiring an accident reconstruction engineer and multiple depositions, the case settled shortly before trial for $500,000.00. Tunnage v. B & L Services, Inc., Case No. 10-04459 (17th Judicial Circuit).
This client had three accidents within two years. One a year before and one a year after the car accident Daniel R. Maier, P.A. represented him on. Both the prior and subsequent accidents had significantly greater property damage. The physical complaints were similar in all three accidents, primarily back pain. The offer at mediation was $5,000.00. The policy limits were $250,000.00. After a five day jury trial, a verdict was rendered in the amount of $638,000.00. Attorney’s fees were awarded and after withstanding the Defendant’s appeal there was over $1,000,000.00 total recovery including the entire verdict, attorney’s fees and interest. Rodriguez v. Kanengiser, 103, So3d 988 (4th DCA 2012)
The diagnosis was a herniated disc, but the defendant’s doctor said she was fine. There was no surgery. The only treatment the client received was physical therapy. The only offer ever made was pre-suit for $5,000.00. The verdict was $768,662.74, with only 5% comparative negligence attributed to our client, for a net verdict of $730,229.60. Shelia Forbes v. K Mart, Case No.: 95-011073 (17th Judicial Circuit).