Awards & Verdicts
Hall Estate v. R.J. Reynolds Tobacco Co. – Wrongful Death – Rod Smith, Mark Avera, Dawn Vallejos-Nichols
Trial verdict in the amount of $17.5M to the estate of Lamar Hall, who died in 1995 of lung cancer related to nicotine addiction. This case was the first to be heard in North Central Florida after a landmark ruling by the Florida Supreme Court in 2006, in which the high court upheld a jury verdict finding tobacco companies liable for smoking-related injuries and deaths, but said that smokers and their families must bring individual suits to prove that smoking harmed them. In this case, and others following, attorneys challenge whether or not the tobacco company concealed or omitted information for decades regarding the dangerous health effects caused by cigarette smoking.
Alexander Estate v. R.J. Reynolds Tobacco Co. – Wrongful Death – Rod Smith, Mark Avera, Dawn Vallejos-Nichols
Trial verdict in amount of $5M. Decedent John Alexander died in 1999 after suffering tobacco-related chronic obstructive pulmonary disease.
Mack Estate v. R.J. Reynolds Tobacco Co, Inc. – Wrongful Death – Rod Smith, Dawn Vallejos-Nichols
Trial verdict in the amount of $1M for the estate of Peter Mack, Sr., who died of laryngeal cancer as a result of smoking cigarettes.
Arbuckle v. Comtrak Logistics, Inc. – Tractor Trailer Truck Accident – Mark Avera Settlement for 2008 accident in which Comtrak Logistics driver crashed into the rear of a Marion County school bus, killing one child and injuring dozens of others.
Corbin v. Subaqueous Services, Inc. – Personal Injury – Rod Smith and Marian Lee
Trial verdict in the amount of $1.9M in damages to plaintiff, a commercial crabber whose boat collided with an unmarked dredge pipeline near Horsehoe Beach, Florida.
Scott v. Crete Carrier Corporation – Tractor Trailer Truck Accident – Mark Avera and Lance Avera
Settlement for the crash in which Crete Carrier’s driver smashed into the rear of a car behind a stopped school bus, killing two Scott children.
Gonzalez v. – J.K. Roofing, Inc./ALM Home Services, Cenimark Corp., Crum Resources — Workers’ Compensation – Lance Avera
Settlement in the amount of $300,000, including purchase of an annuity. Gonzalez, an illegal alien working as a roofer, fell from 2nd story of building, resulting in traumatic brain injury. Dispute regarding employee/employer relationship resulting in Judge’s decision that this relationship did, in fact, occur.
Berry v. Romac Lumber & Supply – Workers’ Compensation – Lance Avera
Mediated settlement in the amount of $235,000 in workers’ compensation claim for disability claim for worker involved in a motor vehicle accident while driving a company vehicle. Subsequent mediated settlement for $325,000 for personal injury claim.
Lipira Estate v. Krishna Rao, M.D., P.A. – Wrongful Death – Mark Avera
Settlement in the amount of $250,000 (physician’s policy limit) for 80-year-old patient with hyperlipidemia (high cholesterol) who had been prescribed statin medication to control the condition, medication which also may cause rhabdomyolyosis, a condition that causes muscle cells to break down and, if untreated or unrecognized, may lead to death. Statin drugs were not discontinued, causing patient to die of complications from rhabdomyolyosis.
Funderburk Estate v. Jang Lee/JL Trucking Co. – Personal Injury – Lance Avera
Settlement for plaintiff. Defendant’s driver abandoned the vehicle in a moving lane of traffic on U.S. 301 for the purpose of buying boiled peanuts causing the decedent to crash into the rear of the truck.
Smart Estate v. Redwine – Personal Injury and Wrongful Death – Lance Avera
Confidential settlement amount. Plaintiff Smart was operating a motor vehicle in which her daughter, the decedent, Amberlyn Patricia Rand, was a passenger. Defendant Redwine crossed the center line and sideswiped the vehicle operated by Plaintiff. Plaintiff made claim for personal injuries, as well as a claim for wrongful death for the death of her daughter. Suit was filed for both claims and settled prior to trial.
Watts Estate v. USAA Insurance Co – Wrongful Death – Mark Avera and Dawn Vallejos-Nichols
Trial verdict in the amount of $2M rewarded to the estate of the deceased, who was killed instantly when his car was struck by a truck operated by Mathews Trucking Company.
Sledge v. Fresenius Medical Care, N.A. – Workers’ Compensation – Lance Avera
Settlement in the amount of $217,500 for employee who injured her back at work while lifting a patient, which required several surgeries and loss of ability to work. Carrier remains responsible for client’s medical care related to her work injury.
Loudermilk and Holt v. MasTec, Inc. – Wrongful Death and Personal Injury – Lance Avera
Settlement in the amount of $2.M in the death of Loudermilk, and $2.1M in the personal injury of Holt, sustained when a truck owned by MasTec, Inc. crossed the center line on State Road 24 resulting in a head-on collision which killed Ms. Loudermilk and caused traumatic brain injury to Mr. Holt.
