Case Results

Tamisha Richburg, as Personal Representative of William J. Perry v. Brian H. Squire

Case No. 07-34135 CA 32

Verdict for the Plaintiff: $943,733.00

Judd G. Rosen, Esq., along with Co-Counsel, Brett M. Rosen, Esq., represented the family of William J. Perry in a wrongful death case against Brian H. Squire. The Defendant in the case disputed liability for the accident and damages. They claimed the accident was not their fault and that the Plaintiff’s death was not related to the accident, since the Plaintiff died eight months after the accident from an infected bone bruise. The jury found that the Defendant was the cause of the accident and awarded over $940,000.00 in damages. The Defendant appealed the final judgment and the appeal was denied. GEICO, who was the insurance company for Mr. Squire, turned their back on their insured after refusing the settle the claim prior to trial for less than $100,000.00. Subsequently, Goldberg & Rosen, P.A. was retained by Brian Squire to sue GEICO for the damages that he sustained as a result of GEICO’s bad faith in the case. A copy of the Order of Remand is attached hereto. Goldberg & Rosen, P.A. continue to fight for the full recovery that is deserved on this case.

Josette Mollet v. The Ritz Carlton Hotel Company LLC

Case No. 08-12103 CA 11

Verdict for the Plaintiff: $406,000.39

Josette Mollet attended a friend’s party at the Evolution restaurant located inside The Ritz Carlton Hotel. While she was exiting the hotel, she stepped into a camouflaged pothole, and suffered a ligament tear to her ankle. After two unsuccessful surgeries, it became clear that the injury was permanent. The Plaintiff went to trial against The Ritz Carlton Hotel and the Evolution restaurant. On August 13, 2010, a Miami-Dade County Jury awarded $406,000.39, which included over $300,000.00 of pain and suffering for the injury that Mrs. Mollet sustained.

Luis Rodriguez v. Adrian Machado and Pablo Machado

Case No. 08-74425 CA 25

Verdict for the Plaintiff: $290,000.00

Judd G. Rosen, Esq., along with Co-Counsel, Jesse Bernheim, Esq., took Luis Rodriguez v. Adrian Machado and Pablo Machado case to trial. Luis Rodriguez is a young barber and member of the Miami Dade County community and suffered a torn meniscus as a result of a motor vehicle accident. The Defendants disputed liability and damages and on March 4, 2010, a Miami Dade County Jury awarded $290,000.00 for damages as a result of a torn meniscus. This is one of the largest known verdicts for a torn meniscus in the jurisdiction. The award includes $198,000.00 allocated for pain and suffering that the Plaintiff suffered as a result of the torn meniscus. Furthermore, the jury verdict was nearly ten times more than the offer from State Farm to settle the claim prior to trial.

Iulia-Emilia Ilie v. NCL (Bahamas) Ltd. d/b/a NCL Jones Act Case

Case No. 05-16592 CA 11

Verdict for the Plaintiff: $173,400.00

Goldberg & Rosen, P.A., along with Co-Counsel Peter Sotolongo, Esq., obtained a $173,400.00 verdict on March 12, 2008 on behalf of a former crewmember of NCL, Iulia-Emilia Ilie. This case involved a Jones Act claim, where the allegation was that NCL failed to properly provide maintenance and cure for their crewmember, as well as proper and adequate medical care. The Plaintiff had suffered a slip and fall, which was unreported for several days, while working aboard the NCL ship. The allegation was that NCL had an obligation to provide medical care to Ms. Ilie and failed to appropriately do so. After a one week jury trial, the jury found negligence against NCL and awarded $173,400.00 in damages on behalf of the Plaintiff.

Giomar Martin Gras v. Pedro N. Tomas and Justo Miguel Fernandez

Case No. 07-17441 CA 31

Verdict for the Plaintiff: $100,000.00

This is a case where Goldberg & Rosen, P.A.. along with Co-Counsel Jesse Bernheim, Esq., took on United Automobile Insurance Company, who failed to pay a settlement on behalf of their insured, Pedro Tomas. Mr. Gras, the Plaintiff, was a taxi driver who was struck from behind while driving his taxi. He suffered a herniated disc which was not operated on nor did he receive any injections or invasive procedures. After a one week jury trial, the jury awarded $100,000.00 on February 26, 2009. This was ten times the amount of the insurance policy with Untied Automobile and ten times the amount the Plaintiff had previously offered to settle for. The Defendants filed an appeal, which was denied and eventually paid the $100,000.00 verdict and an additional $100,000.00 in attorneys’ fees and court costs based on their unreasonable refusal to settle for the policy limits.

Frederick Bradshaw v. Gaming Arcade II d/b/a Grand Prix Race-O-Rama, Inc. and Zamperla, Inc.

Case No. 9-13435 07

Verdict for the Plaintiff: $34,094.41

This case involves a Plaintiff who injured his hand punching a defective punching bag machine at Grand Prix Race-O-Rama. This was a products liability case and premises liability case. The Plaintiff’s injuries were not of a serious nature, however the defendants refused to accept responsibility and Judd G. Rosen, Esq. tried this case in Broward County ,Florida on April 18, 2002 and obtained a verdict in the amount of $34,094.41. The parties also settled with an additional defendant in this matter.

Boat yard worker injured in saw incident receives one million dollars ($1,000,000) settlement (policy limits)

Verdict for the Plaintiff: $1,000,000

The Plaintiff, a Goldberg and Rosen client, suffered a partial amputation of multiple fingers in a saw incident. The incident occurred while the Plaintiff was at work at a local South Florida boat yard. The work place provided him with a saw that did not have an appropriate safety cover. The wood that the Plaintiff was working with slipped, causing his fingers to be injured and amputated. The lawyers at Goldberg and Rosen, P.A. obtained an expert witness in the saw industry who proved that the saw was defective because it failed to have the proper safety guard and failed to utilize modern technology which automatically stops a saw upon impact with human flesh. The insurance company initially denied responsibility and made no offers to settle before suit was filed. On the eve of trial the insurance company was forced to pay their $1,000,000 policy. The funds are used to provide medical care for the injured client and for his loss of income and pain and suffering sustained in this incident.

Over $2,500,000 recovery for premises liability victim.

Verdict for the Plaintiff: $2,500,000

The Plaintiff was only 30 years old when he suffered a fall at the premises of a local restaurant. His injuries, although they appeared minor at first, continued to deteriorate ultimately requiring surgery in his cervical spine. Although the surgery was successful the injured Plaintiff was left with permanent injuries and permanent restrictions on his body. This case settled after multiple mediations and discovery depositions proved that the Defendants knew about the dangerous condition but chose to do nothing.

$1,100,000 recovery for injured South Florida tow boat driver.

Verdict for the Plaintiff: $1,100,000

The Plaintiff in this case was driving a tow boat at night in Biscayne Bay when another vessel crashed into his side fracturing his wrist and hand, causing other orthopedic injuries. The settlement was a result of litigation against the driver of the vessel that struck the Plaintiff as well as his employer who placed him at sea without a proper lookout and proper safety conditions. The employer also failed to provide appropriate maintenance and cure. The total settlement is believed to be one of the largest of this kind in recent history.

$6,000,000 verdict for elderly woman whose husband died in a fall at local hospital.

Verdict for the Plaintiff: $6,000,000

Jury demands additional safety measures be taken. The Plaintiff was with her husband of 50 years discussing their plans for the upcoming Valentine’s Day when her husband fell on an improperly marked stair at Mount Sinai Hospital. The stair was camouflaged with the surrounding area and did not meet the requirements of our local building codes. After the Plaintiff fell he fractured his hip and required hospitalization which ultimately led to his death. Prior to trial the hospital denied responsibility and failed to settle the case. After a week-long jury trial, the jury awarded $6,000,000 for pain and suffering and demanded that the hospital paint their stairs yellow, install a guardrail and rebuild the stairs according to code. Goldberg and Rosen is proud that these changes were made and that the Plaintiff had her day in court and her voice was heard.

$5,000,000 verdict (paid in full) for Plaintiff who suffered “invisible injury”

Verdict for the Plaintiff: $5,000,000

Former University of Miami football star, Rasheed Ali, was 28 years old when he was struck head on by a UPS truck. Although the impact was moderate, the consequences were quite severe. Mr. Ali suffered a tear in his shoulder, a herniated disc in his back and a mild traumatic brain injury from the impact of the crash. All of the brain injury testing was inconclusive, however based on testimony of Mr. Ali, his family and friends, it became quite clear that he had some serious “invisible injuries” to his brain as a result of this collision. The insurance company for UPS failed to offer a reasonable amount of money and the Plaintiff was forced to take this case to trial. Using expert testimony as well as credible testimony from the Plaintiff’s family, the attorneys at Goldberg and Rosen, P.A. were able to prove that the injuries are permanent and a result from the UPS crash. Only after a jury verdict, UPS paid the full amount of the judgment plus interest. The monies are being used by the Plaintiff for charitable purposes and to assist him in his career as a music executive.

$1,500,000 settlement for pedestrian struck by Holiday Inn transport van

Verdict for the Plaintiff: $1,500,000

The Plaintiff was almost 80 years old and walking in a cross walk at Miami International Airport when a hotel transport truck struck him from the side. He fell and broke his leg and suffered other orthopedic injuries. Testimony through depositions proved that the bus driver was not paying attention and looking back as he was driving through the crowded airport. Ultimately, the insurance carrier settled the case for 1.5 million dollars and allowed the Plaintiff to get the medical care and compensation for pain and suffering he deserved.

$800,000 recovery for soft tissue injuries from car accident

Verdict for the Plaintiff: $800,000

The Plaintiff, a 57 year old school teacher, was struck by a car in Miami that had run a stop sign. Initially the insurance carrier failed to even offer for her medical expenses and the Goldberg and Rosen law firm was forced to take this case to court. On the eve of trial and after multiple mediations, the insurance carrier paid the fair amount of money to settle this case of $800,000 which represents an acknowledgement of the pain and suffering that the Plaintiff had endured.

$2,000,000 recovery for victims of hit and run crash with a Bentley

Verdict for the Plaintiff: $2,00,000

The Plaintiffs, a young couple in their early 30’s were minding their own business driving down the quiet streets of Pinecrest, Florida, when a Bentley struck them, forcing their car off the road and crashing into a tree. The Bentley fled the scene of the accident but was ultimately located by police and the driver arrested. The Plaintiffs both suffered permanent injuries as a result of the collision in the form of herniated discs and other orthopedic conditions. The $2,000,000 settlement was achieved at mediation after multiple depositions had been taken and the Defendants had no choice but to pay the fair amount to settle this case or let a jury potentially award a more significant amount of money at trial.

$6,000,000 verdict and claims bill approved by the Florida Legislature pays immigrant family for the loss of their mother

Verdict for the Plaintiff: $6,00,000

After years of litigation, including a jury trial and passing of a claims bill, the Goldberg and Rosen law firm is proud to say that full and just compensation has been made to the family of Nhora Acosta. The Goldberg and Rosen law firm participated in lobbying the state of Florida to pass a law which allows the government to exceed the statutory cap and pay a settlement which is nearly five times the amount of the statutory cap for the benefit of the two surviving children who tragically lost their mother as a result of a Miami-Dade County bus accident.

$1,100,000 recovery for bicyclist hit by a delivery truck driver

Verdict for the Plaintiff: $1,100,000

The Plaintiff was driving his bike on the side of the road in South Florida when a delivery truck driver struck him causing serious injuries. Although the driver claimed to only have $25,000 of insurance and a commercial driver’s license, the Goldberg and Rosen law firm discovered that he was in fact working for a corporation which maintained $1,000,000 of insurance. What was even more interesting was that he was working for the corporation under a fake name and with a fake driver’s license. On the eve of a motion for punitive damages, a settlement of $1,000,000 was obtained providing the Plaintiff with the financial security he would need to receive future medical care and in recognition of the significant pain and suffering he experienced from this incident.

$1,500,000 recovery for injured crew member

Verdict for the Plaintiff: $1,500,000

The Plaintiff was a foreign crew member who suffered a herniated disc while lifting heavy luggage as part of his responsibilities aboard the ship. The cruise line, in an act of complete negligence, sent the crew member back to Asia to receive medical care without directing him as to what medical providers he would need. Ultimately, they failed to pay for his medical care and the crew member was forced to sell his home to obtain back surgery. The back surgery was done improperly in Indonesia and a cage that was put in his back ultimately broke in half. The Plaintiff, through discovery, found the broken cage and arraigned for the proper medical care to be provided at a local Miami hospital. Fortunately, after a nine hour surgery, the cage was removed and modern medical instrumentation was placed in the Plaintiff’s back providing him with almost complete physical recovery. The $1,500,000 settlement is believed to be one of the largest pre-trial settlements for a herniated disc in a Jones Act case.

$2,000,000 recovery for victim of a drunk driving incident

Verdict for the Plaintiff: $2,000,000

On the night of April 24, 2014, the Defendant was driving his Lamborghini over a hundred miles per hour down the streets of South Beach, Florida, when he struck the Plaintiff, who was stopped at a red light on his way home from work. The impact from the crash caused an umbilical hernia and herniated discs in his neck as well as a tear in the shoulder. Although the Plaintiff has made a complete recovery, the $2,000,000 settlement represents the pain and suffering that was experienced by the Plaintiff following this severe crash.

$250,000 verdict for injured finger (paid in full)

Verdict for the Plaintiff: $250,000

Leslieann McClain was sitting in her rented home when the ceiling collapsed injuring her finger requiring minor hand surgery. This was a case where the Defendants insurance company, Citizens, failed to accept responsibility or even offer more than a nominal amount prior to trial. Brett Rosen took the case to trial and proved to a jury that not only were the Defendants negligent but they caused serious injuries and must be held accountable. The jury awarded exactly what was asked for, $250,000, which was subsequently paid in full. Attorney’s fees were also awarded because Citizens failed to pay timely and accept a proposal for settlement. The difficulty of the case was that there were no witnesses other than Ms. McClain to the roof collapse and the jury obviously understood that she was a credible Plaintiff being represented by a very credible attorney.

$750,000 award to Miami Police Officer injured in elevator accident

Verdict for the Plaintiff: $750,000

Willie Sanchez was taking an elevator to go walk his dog. He had no idea that prior to him entering the elevator the building had hundreds of reported complaints with that same elevator system. The roof collapsed in the elevator striking Mr. Sanchez in the head and causing a herniated disc and shoulder injuries. At mediation, the case settled for $750,000 which represents the pain and suffering to Officer Sanchez as a result of the negligence of the elevator company and the building who owned the elevators.

$35,000,000 Verdict awarded to family of drunk driving victims

Verdict for the Plaintiff: $35,000,000

Paulette and Robert Kirkpatrick were enjoying their retirement driving down Tamiami Trail on a clear Florida night when the Defendant, a drunk and reckless individual named Thomas Cypress, crashed into them head on, killing them instantly and ruining the lives of their children, grandchildren and all those who knew them. This was a high profile case that Judd and Brett Rosen took to trial. The jury heard evidence of the Defendants’ drunkenness and the severe loss of life that he caused. The Kirkpatrick’s were teachers and loving people in their local community. The Miami-Dade County jury understood the loss that was caused and awarded $30,000,000 in compensatory damages which is believed to be the largest verdict for adult surviving children in the history of the State of Florida. $5,000,000 were also awarded in punitive damages to represent a punishment in financial terms for the damage caused through the criminal acts of Mr. Cypress. A confidential settlement was ultimately reached.

$700,000 for victim of crash with garbage truck

Verdict for the Plaintiff: $700,000

The Plaintiff was only 35 years old when she was struck from behind by a garbage truck in Broward County, Florida. She suffered a herniated disc and an aggravation of pre-existing condition which she had from an accident that occurred about a year earlier. The herniated disc did not heal and the single mom was forced to undergo surgery. The case settled in the eve of trial for $700,000 which represents money for her past and future medical expenses for pain and suffering and her loss of capacity to enjoy life.

$750,000 verdict for 60 year old man struck by semi-tractor trailer from behind

Verdict for the Plaintiff: $750,000

This was an interesting case involving a “minor impact” from a tractor trailer. The law firm was able to proove that the actual force of the crash was absorbed by the Plaintiffs body rather than his car. The Plaintiff suffered a herniated disc which ultimately required a surgery to fuse the disc together. The $750,000 settlement occurred after a year of litigation including multiple depositions which proved that the Defendant driver was 100% at fault for the crash.

$600,000 settlement for victim in slip and fall with orthopedic injuries

Verdict for the Plaintiff: $600,000

The Plaintiff was 66 years old when she tripped and fell at a local restaurant. The restaurant admitted that it violated its own standard of care but still tried to blame the fall upon the Plaintiff for wearing heels. That argument ultimately failed and the restaurants insurance paid $600,000 to resolve this claim.

$970,000 verdict on behalf of family whose father passed away from automobile accident

Verdict for the Plaintiff: $970,000

The Plaintiff, Willie Perry, was struck by a driver in the streets of South Dade, Florida. He suffered a bruise to his leg which remained stagnate until 8 months later he died of a flesh eating disease in the area of his original wound. The case was tried before a Dade County Jury, which awarded almost $1 million dollars to the surviving children. The insurance company failed to accept responsibility and took an appeal, which they also lost, when the Florida Appellate Court affirmed the Jury’s findings.

$950,000 settlement for Tampa wrongful death victims

Verdict for the Plaintiff: $950,000

The family of 60-year-old man received $950,000 settlement for the loss of their father. The settlement is for the surviving spouse and children who are continuing to suffer. The liability in the crash was questioned and Goldberg & Rosen hired an expert accident reconstruction to help show the true circumstances surrounding the crash. After the accident, the expert’s report was published; the insurance companies had nowhere to run and all three insurance companies were forced to pay their policy limits and compensate the family for the harm that they suffered.

Over $2.5 million dollars recovered by family whose child died due to medical negligence

Verdict for the Plaintiff: $2,500,000

This was a tragic case in which a beautiful young girl died due to medical malpractice. The medical providers denied responsibility but ultimately were forced to pay $2.5 million dollars to the surviving parents.

Over $825,000 recovered for Cuban born immigrant with low back injuries from car accident

Verdict for the Plaintiff: $825,000

The Plaintiff was a 50 year old Cuban immigrant on his way to work when he was struck from behind by a delivery truck . The Plaintiff suffered a herniated disc which ultimately required a surgery. Although the Plaintiff made a significant recovery from his injuries, there was no doubt that his herniated disc was a permanent condition and the insurance carrier for the delivery company paid $825,000 to settle this claim.

Policy limits tendered on DUI crash case - Policy limits of $250,000 were tendered on a DUI crash

Verdict for the Plaintiff: $250,000

Progressive Insurance Company was forced to tender its policy limits of $250,000 after the Goldberg and Rosen law firm secured an Order granting punitive damages against their insured for his drunk driving at the time of the crash. The $250,000 was in recognition of the Defendant’s gross negligence and the Plaintiff suffering a tear in her shoulder that was repaired arthroscopically.

$1,000,000 policy recovered for young man who falls from roof while working at father’s roofing project

Verdict for the Plaintiff: $1,000,000

The Plaintiff was a 17 year old who stayed home from school and went to work with his father at a roofing project. While on the roofing project, he fell through an inconspicuous hole in the roof, suffering a traumatic brain injury and other orthopedic injuries. The insurance carrier for the roofing project denied the claim and offered no money prior to filing suit. Once the lawsuit was filed, the carrier continued to deny responsibility until a proposal for settlement in the amount of the policy limits was filed. The proposal for settlement forced the insurance company’s hand. They had no choice but to accept responsibility or face paying a significant judgement in attorney’s fees when they were unsuccessful at trial. The money has helped the young man in his recovery from his brain injury and now he is a proud father and wage earner in our community.

After multiple trials, a jury awards damages in excess of proposal for settlement

Verdict for the Plaintiff: Excess of Proposal

This case involved a minor car accident with disputed liability. The Plaintiff offered to settle for a nominal amount prior to trial by way of a proposal for settlement. The Defendants rejected it. After the jury came with their award, the Defendant was forced to pay the Plaintiff all of his attorney’s fees and court costs from the time of the proposal of settlement through multiple trials. The case ultimately settled for a significant amount of money more that the initial offer.