Fields marked with * are required

Captcha Image Reload image challenge

Solloway v. State of Florida, Dept. of Professional Regulation, 421 So.2d 573 (Fla. 3d DCA 1982)
  • Practice Area: Administrative Law
  • Plaintiff (Roy's party): DPR
  • Outcome: M.D. license revoked and upheld on appeal
  • Description: Dr. Solloway, a psychiatrist, experiencing countertransference, had sexual relations with a female patient and his license to practice medicine was revoked on the basis that it was serious medical ethics violation and departure from the acceptable standards of care. This was before the Florida Legislature enacted a specific statute prohibiting sex with patients. I was the Special Contract Prosecuting Attorney for DPR(Bd. of Medicine) at the trial level.

Zordan v. Page, 500 So.2d 608, rev. den., South Carolina Ins. Co. v. Zordan 508 So.2d 15(Fla. 1987).

  • Practice Area: Personal Injury
  • Plaintiff (Roy's party): Nicole Zordan, by and through her parents
  • Outcome: Settled after appeals
  • Description: Disapproved on conflict, Landis v. Allstate Ins. Co., 546 So.2d 1051 (Fla. 1989); Page v. Zordan, 564 So.2d 500 (Fla. 2d DCA 1990). Minor female was sexually abused by step-grandfather over a number of years. Initial appeal concerned insurance coverage issues. Second appeal addressed evidentiary errors at trial. Case was eventually settled.

Nationwide v. Jacoby, 505 So.2d 471 (Fla. 2d DCA 1987)

  • Practice Area: Workers Compensation
  • Plaintiff (Roy's party): Jacoby
  • Outcome: WC claimant prevailed
  • Description: Worker's compensation carrier attempted to impress statutory lien on third party recovery in motor vehicle accident that aggravated Mr. Jacoby's work related injuries. The lien was rejected by the appellate court.

Dad's Properties, Inc v. Lucas, 545 So.2d 926 (Fla. 2d DCA 1989)

  • Practice Area: Business & Commercial Litigation
  • Plaintiff (Roy's party): Dad's Properties, Inc.
  • Outcome: Settled after appeal
  • Description: Dad's Properties bought an exotic club from Lucas. As part of the transaction, Dad's executed a purchase money promissory note to Lucas and Lucas agreed not to compete within a certain geographical area of the club sold. Lucas, thereafter, had his wife purchase an exotic club that violated the terms of the previous sale and covenant not to compete. Dad's sought an injunction against Lucas, husband and wife, and the appellate court agreed the wife was subject to the injunction. Post appeal in Dad's favor, the promissory note was cancelled as part of the settlement.

Robinson v. Merkle, 723 So.2d 200 (Fla. 2d DCA 1997), affirmed, 737 So.2d 540 (Fla. 1999)

  • Practice Area: Birth Injury
  • Plaintiff (Roy's party): Robinson
  • Outcome: Settled after appeal
  • Description: Robinson, suffered cerebral palsy as a result of a traumatic birth caused by the medical malpractice of an OB/GYN. The birth took place in West Virginia. Many years later, the OB/GYN retired and moved to Florida, and later died. Robinson filed suit against the OB/GYN in both West Virginia and Florida. Because Robinson could not acquire jurisdiction over the Florida retired OB/GYN in West Virginia even after appealing to the West Virginia Supreme Court, the case proceeded in Florida. The medical malpractice insurance carrier for the deceased OB/GYN secured a judgment against Robinson based upon the Florida Statute of Repose. The Florida Supreme Court reversed on conflicts of law analysis. The case was settled through mediation after some preliminary discovery.

USAA v. Phillips, 740 So.2d 1205 (Fla. 2d DCA 1999), cert. den., Young v. Progressive South Eastern Ins. Co., 753 So.2d 80

  • Practice Area: Wrongful Death
  • Plaintiff (Roy's party): Phillips
  • Outcome: Settled after appeal
  • Description: Phillips, a pedestrian, was run over in a crosswalk by a municipal bus and killed. Her son and Personal Representative filed a claim against a self insured municipal transit authority and the claim was settled for the soveriegn immunity limits. Then, a wrongful death claim was made against her USAA auto underinsured coverage. USAA claimed that because the transit authority was self insured and Phillips could have recovered more from the transit authority through a claims bill to the Legislature, they denied underinsured coverage for the death. The trial court agreed with USAA. The appellate court did not and reversed. The case was thereafter settled for the USAA policy limits and an award of substantial attorneys fees to Phillips.

Welch v. Complete Care Corp., 818 So.2d 645 (Fla. 2d DCA 2002)

  • Practice Area: Workers Compensation
  • Plaintiff (Roy's party): Welch
  • Outcome: Settled after appeal
  • Description: Welch was severly injured at work when attempting to force open an industrial garage door which exploded in his face, suffering 50 subsequent surgeries. After filing suit against the commercial landlord, he settled with them but because the landlord had an indemnification agreement in its lease with Welch's employer, took an assignment of the landlords claim against his employer as part of the settlement. He then brought suit against his employer based upon the assigned indemnification agreement. The employer and worker's compensation carrier defended, contending that Welch could not sue them because of worker's compensation immunity and all this case was but a circumvention of his exclusive remedy against the employer for worker's compensation benefits. The trial court agreed with Welch's employer and worker's compensation carrier. The appeals court did not and reversed. The case was settled after favorable appeal. Then, Welch's worker's compensation case was also settled.

Bohannon v. Shands Teaching Hospital, 983 So.2d 717 (Fla. 1st DCA 2008)

  • Practice Area: Wrongful Death
  • Plaintiff (Roy's party): Personal Representative for Deceased
  • Outcome: Case of first impression lost but court recognized potential statutory cause of action
  • Description: Deceased who was Social Security disabled required multiple organ transplant at Shands. Attending staff improperly intubated him, left him unattended in a hallway after successful surgery, and he consequentially remained in a persistant vegatative state.  Shands admitted their errors and offered to settle the family's claims but later reneged so suit was filed alleging "abuse" and "neglect" under The Florida Adult Protective Services Act, Chapter 415, Florida Statutes. The trial court dismissed the case holding that it was a medical malpractice  claim not meeting the pleading requirements of the statute and the appellate court agreed. Had the case been brought as a medical malpractice claim, the deceased's family would not be entitled to non-economic damages. But, the appellate court recognized that an acute care hospital could be liable for "abuse" or "neglect" under different factual scenarios.

Stimpson v. Ford Motor Co., 988 So.2d 1119 (Fla. 5th DCA 2008)

  • Practice Area: Sudden acceleration product liability case
  • Plaintiff (Roy's party): Mr. & Mrs. Stimpson
  • Outcome: Won appeal on case of first impression
  • Description: Mrs. Stimpson was a passenger in a 1991 Ford Aerostar Van being operated by her husband.  In 2003, while pulling out from their driveway the van suddenl;y and unexpectedly went into full wide open throttle, crashing into a utility pole across the road, ejecting Mrs. Stimpson who was rendered an incomplete quadipalegic. Ford claimed Mr. & Mrs. Stimpson's suit was barred by the products liability statute of repose(like a statute of limitations) because the accident occurred more than 12 years after the van was sold.  The trial court agreed.  The appellate court reversed in favor of the Stimpsons, holding that the statutory language permitted the tolling or suspension of the repose period during the period of time Ford was alleged to have actively concealed the defect(claimed to be caused by electromagnetic interference with the cruise control). This case is still being prosecuted by the Stimpsons.

Cannino v. Progressive Express Ins. Co., 58 So.3d 275 (Fla. 2d DCA 2010)
  • Practice Area: Personal injury, worker’s compensation, and insurance
  • Plaintiff (Roy's party): Frank Cannino
  • Outcome: We prevailed after years of litigation and 2 appeals
  • Description: Mr. Cannino while in the course and scope of his work was seriously injured in a motor vehicle accident in 2004.  Since he was working at the time of the accident he received workman’s compensation benefits(medical and wage loss) from his employer.  Mr. Cannino also had his personal automobile insurance policy with Progressive which pays up to $10,000.00 in Personal Injury Protection benefits(PIP) that he did not initially collect from but reserved to apply toward the eventual satisfaction of the workman’s compensation lien.   Mr. Cannino collected the policy limits from the at fault driver and his underinsured motorist insurance, then settled his workman’s compensation claim.  At the point of settling his workman’s compensation claim, he was entitled to collect from his Progressive PIP coverage as he had to pay the lien of approximately $12,000 as part of the settlement.  He demanded the $10,000.00 PIP coverage to apply to the lien but Progressive refused contending he had to first, actually pay the lien before he was entitled to collect from them.  So, Progessive was sued for the PIP benefits , interest, costs, and attorney’s fees.  They lost at the county court level, the judge ordering them to pay---they continued to refuse payment and took an appeal to the circuit court which eventually reversed the county judgment  and sent it back to the trial court. In the interim, we executed on the judgment and with the aide of the sheriff took some of their office computers. Which caused them to then pay some of the judgment and collection fees and costs.  Then, Progressive asked the county court to rule in their favor and the court did so, but certified the issue as being of great public importance to the Second District Court of Appeal thus skipping an appeal to the circuit court this time around.  Mr. Cannino appealed and the appellate court agreed he was entitled to payment of his full PIP benefits, plus interest, costs and attorney’s fees.   Mr. Cannino ended up receiving around $14,000.00 from Progressive, including interest, and Progressive paid all costs of trial and appeals plus $60,000.00 in attorney’s fees.  This case clarified when and under what circumstances the PIP insurer has to pay its benefits to satisfy a worker’s compensation lien and was a important victory for consumers.