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Motor Vehicle Accident

$35,000,000

Damages awarded for family of drunk driving victims

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$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.

Motor Vehicle Accident

$18,500,000

Damages awarded for catastrophic injuries to victim struck by vehicle

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Catastrophic Injuries

Verdict for the Plaintiff: $18,500,000

Injured Plaintiff’s family receives $18.5 million dollars judgment for catastrophic injuries sustained in a vehicle vs. pedestrian. The Plaintiff was an innocent bystander waiting for a bus on the side of Biscayne Blvd. when the Defendant negligently drove off the side of the road striking the Plaintiff causing catastrophic and horrific injuries

Motor Vehicle Accident

$10,577, 853

Jury Verdict for a Brain Injury Client

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$10,577, 853.93- Verdict on Denied Liability Car Crash

Verdict for the Plaintiff: $10,577, 853.93

There are automobile bumps and bruises and then there are cataclysmic car crashes. Unfortunately for Miami resident David Brown, he found himself stuck with the latter. While driving to work for his new job as an electrician assistant, Brown’s 2012 Honda CR-V was T-boned at the intersection of Southwest 88th Street and Southwest 117th Avenue around 5:30 a.m. on Feb. 25, 2015. Upon being struck, Brown’s car began to spin before eventually giving way to a roll. After being picked up and transported to Kendall Regional Hospital, Brown’s situation only worsened. Having suffered a traumatic brain injury and with his blood pressure rising, he was placed into a medically induced coma to ease his breathing. He also endured a stroke, and required a tracheotomy, which led to more medical complications.

After being unable to speak, eat or drink for two years, Brown is doing much better these days, his attorney says. With the help of medical professionals and his legal team at Miami law firm Goldberg & Rosen, his discomfort has been allayed with almost $5.4 million from the driver who’d collided with him.

“We knew going into this case there were obstacles,” said Goldberg & Rosen attorney Brett Rosen. With the help of his brother, Judd, Rosen, they persuaded a Miami-Dade jury to reach a nearly $10.6 million verdict for their client. However, this substantial sum wasn’t reached easily, with 49 percent of fault assigned to Brown on the verdict form.

“It was a he-said, she-said,” Rosen said, noting there were no eyewitnesses to the early-morning incident. Additionally, Brown’s status as a convicted felon with an eighth-grade education did not help to endear him to jurors. His testimony didn’t help either. “He was confused about which lane of traffic he was in, and that was a major part of the defense’s theme: that he didn’t know which lane he was in and what company he was going to work for,” Rosen said.

Rosen attributed Brown's not knowing what company he was going to work for to his client's status as a new hire. Through due diligence, Brown’s legal team was able to find compelling evidence assigning fault to the other driver.

While he was examining evidence from the crash, Rosen made an eyebrow-raising discovery. “I’m looking through the photos again and I realize that her visor on her driver’s side is down,” Rosen said. “It wouldn’t make sense for the visor to be down on her driver’s side if it wasn’t on her passenger’s side. I looked on her Facebook and I saw she went to makeup school. I argued to the jury she was actually putting her makeup on, because why else would she have her visor down?”

Rosen also cited cross-examination of the defendant as well as her partner as particularly pivotal moments in the case. “Once we were able to get out the fact the defendant admitted Brown’s car came from 117th Avenue, that became hard to overcome,” Rosen said. “They tried to call a surprise witness, the defendant’s boyfriend at the time. When I crossed him I was able to get him to admit the only thing the defendant told him at the scene was David’s vehicle was coming north. So I went two for two on that.”

Rosen said his team repeatedly cited the defendant’s testimony for the remainder of the case, as it placed doubt on the findings of their own expert. However, he acknowledged opposing counsel made for a formidable opponent and called the defendant’s attorney, Dan Martinez, a “cream of the crop, brilliant guy.”

At the end of the day, Rosen attributes their success to the teamwork of the Goldberg & Rosen firm. “We’re nothing without our team. We have a great staff, great paralegals, we have a great system in place for trying these types of cases. A lot of the legwork was done before the trial because we had to figure out these issues and how people would be receptive to them,” he said. “We felt we made very few, if any, mistakes, which never happens in a trial. It just doesn’t happen. Thank goodness they got the right decision because we believe in our client and the tragedy that he went through.”

Motor Vehicle Accident

$8,200,000

Badfaith Recovery for a brain injured 24 year old

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$8,200,000.00- Injured 24-Year-Old Plaintiff

Verdict for the Plaintiff: $8,200,000

Judd Rosen and Brett Rosen won an 8.2 million dollar settlement for a plaintiff injured in a car crash. Sadly, the plaintiff suffered a traumatic brain injury from the crash. The funds have provided needed therapy that has improved the plaintiff’s condition and is not covered under ordinary health insurance.

The initial offer in the case was only $300,000 but after years of litigation the insurance company recognized its responsibility and paid the significant settlement. Judd and his team took multiple depositions, prepared a detailed settlement package with a day in the life video that truly illustrated how a severe injury affects the injured and all those close to them in all aspects of life.

Motor Vehicle Accident

$8,000,000

Badfaith Recovery for little girl injured in car accident

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$8,000,000.00- Confidential Bad Faith Settlement

Verdict for the Plaintiff: $8,000,000

On February 25, 2019, the 20-year-old defendant was driving on the wrong side of the road when he collided head-on with a vehicle occupied by a grandmother and her granddaughter. This horrific crash resulted in the loss of grandmother’s life and the paralysis to the young granddaughter. This was a heart wrenching case with only $100,000.00 of insurance.

Despite the overwhelming evidence that the value of the case was well in excess of the minimal policy limits, the insurance company made multiple mistakes and failed to properly and timely tender the policy limits. Brett Rosen, Judd Rosen, and Glen Goldberg recognized these critical mistakes and felt strongly that the insurance company was acting in bad faith. A lawsuit was filed and after years of hard-fought litigation, the parties reached a settlement in the amount of $8,000,000- an amount 80 times more than the original policy limits.

While the amount will never compensate the loss of life nor the significant damages to a young girl, the firm was especially proud of the result given the circumstances. Amongst other things, the settlement funds were used to purchase a home and to help provide future medical care.

Wrongful Death

$6,800,000

Awarded damages for family of fall victim who died of injuries

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$6.8 million dollars awarded to family of fall vitcim

Verdict for the Plaintiff: $6,800,000

The Plaintiff suffered a fall at a local premises and tragically died from his injuries. His family, through the work of Senior Partner Judd G. Rosen, received a settlement of $6.8 million dollars from the responsible parties.

Wrongful Death

$6,000,000

Awarded damages for elderly woman of husband who died of fall

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$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.

Wrongful Death

$6,000,000

Damages awarded for immigrant family for loss of their mother

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$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: $6,000,000

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.

Motor Vehicle Accident

$5,000,000

Awarded damages for plaintiff who suffered "invisible injury"

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$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.

Motor Vehicle Accident

$4,670,000

Jury verdict for a seriously injured to a 19 year old single mother in a car accident.

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$4,670,000.00- Verdict on Head-On Collision Verdict

Verdict for the Plaintiff: $4,670,000

The attorneys of Goldberg & Rosen won a $4.67 million verdict for a victim of a wrong-way collision on Interstate 95, in a case made unusually challenging by the fact that the plaintiff did not attend the trial.

Plaintiff Amanda Fader told her attorneys she did not want to testify before the jury, or even enter the courtroom, because of lasting trauma from the 2012 head-on crash. Fader, then 20, was a passenger in a friend’s Chrysler PT Cruiser when they were hit by a Honda Accord headed the wrong way through Broward County at 3 a.m.

“The first thing she remembers is seeing her friend, who was driving the car, slumped over the steering wheel, not knowing if she was dead or alive,” said Fader’s lead attorney, Brett Rosen of Goldberg & Rosen in Miami. The PT Cruiser burst into flames. Both friends were rescued and rushed to the hospital along with the driver of the Honda, then-23-year-old Nicole Herrera. No criminal charges were filed against Herrera, Rosen said. The PT Cruiser’s driver, Azayna Hayes, agreed to a pre-suit settlement.

Herrera and her father, the car’s owner, admitted liability and negligence in Fader’s case, which then proceeded to a damages trial in October. Rosen knew it would be tough to try a case with an “empty-chair plaintiff.” One friend told him, “You better hope the jury likes you!” But Rosen and his colleagues Jocelyn Santana and Mustafa Dandashly knew letting Fader sit out the trial was the right thing to do. “While the case is important, the case wasn’t so important as to subject her to reliving that experience for the week,” Rosen said.

Nicole and Jorge Herrera attended the October trial before Broward Circuit Judge Carol-Lisa Phillips, but they did not testify. Counsel for both parties told the story of the crash through photos, medical records, and testimony from doctors, police and experts.

Defense attorneys Kenneth Carman and Anthony Gonzales of Carman, Beauchamp, Sang & Gonzales in Deerfield Beach, argued Fader made a full recovery. But the Goldberg & Rosen team argued she had permanent physical and psychological injuries. Everyone was wearing a seatbelt in what easily could have been a fatal collision, according to police. Fader left the scene with a broken jaw and fractured vertebrae, and she needed her intestine repaired, Rosen said.

She will need future medical treatment costing more than $600,000, Rosen said, and the scars on her abdomen and back will stay with her. Fader also has to live with the horrible memory of the crash, which plaintiff’s counsel argued was traumatic enough to damage her relationship with her 6-year-old son, who was 1 year old at the time of the crash.

The jury accepted the argument on Oct. 26, awarding $4.67 million to Fader. Her past pain and suffering award was $1.45 million, with $2.25 million for future, and she was awarded about $321,000 for past medical expenses and $650,000 for the future.

After a defense post-trial motion, the judge ruled Jorge Herrera’s liability is capped at $600,000 as the car’s owner, but Nicole Herrera will be liable for the full $4.67 million.

Brett Rosen’s advice for lawyers aiming to win over a jury that will never get to meet the client? “You have to give it your heart and your soul and know your client as best you can, so that when you’re speaking to the jury you’re speaking as if you are your client,” he said.

Wrongful Death

$3,500,000

Wrongful Death Overseas

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Confidential Settlement against fortune 500 company

Verdict for the Plaintiff: $3,500,000

Judd Rosen, Glen Goldberg, and Brett Rosen secured a $3,500,000.00 settlement in a wrongful death case overseas. The litigation sent Rosen overseas, and undercover, to obtain crucial evidence linking the crash to a US company that was ultimately responsible. This hands-on approach is often what is needed to win complex high stakes litigation.

Wrongful Death

$3,000,000

Work place injury resulting in loss of limb

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Policy Limits Recovery for Amputee Victim in Forklift Case

Verdict for the Plaintiff: $3,000,000

Judd Rosen & Brett Rosen represented a 36-year old warehouse worker who was tragically struck by a forklift and lost his leg. Judd and the plaintiff worked together to secure both workers compensation benefits and a three-million-dollar policy limits tender from the owner of the forklift.

The funds were used to purchase cutting edge prosthetic devices, helpful rehabilitation therapy, and financial security for the injured plaintiff and his family.

Workplace Injury

$3,000,000

Damages awarded for warehouse worker who suffered amputated leg

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Three million dollar settlement on behalf of injured [immigrant] warehouse worker

Verdict for the Plaintiff: $3,000,000

The 36-year old Plaintiff was a warehouse worker at the same company for the past 15 years. He loyally served his employer and never had a single write up for any work related issues. He was a model employee.

Unfortunately, the Plaintiff was also the victim of a horrible negligent incident. On the day of the incident, our client was working stacking merchandise when a co-worker negligently struck him from behind with a fork lift. The blow was so severe that it amputated the Plaintiff’s leg below the knee. After years of rehabilitation, therapy and multiple surgeries, Goldberg & Rosen, through the use of a separate workers’ compensation firm, arranged for a full prosthetic device to be placed on the Plaintiff which allowed the Plaintiff to regain his mobility. Unfortunately, the Plaintiff will never be able to work again as a warehouse worker. Because the forklift was owned and operated by a separate company, Goldberg & Rosen was able to sue that company and obtain a policy limits settlement of $3 million dollars. The money is able to provide food and shelter for the Plaintiff’s family as well as peace of mind that he will always be able to receive medical care despite his tragic circumstances.

Liability & Damages

$2,954,000

Dramshop settlement

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Longshore Man/Jones Act/ Maritime/ E&O Insurance

Verdict for the Plaintiff: $2,954,000

This case is a prime example of Goldberg & Rosen’s “never give up attitude.” Brett and Judd Rosen represented a Haitian Longshore man who was catastrophically injured when he fell from a shipping container at port. The uninsured owner of the vessel fled to Haiti, but his joint business partner and owner of the port remained. The joint business venture fought liability by calling witnesses that were on the vessel to blame the Plaintiff for his own injures. Goldberg & Rosen was able to prove the joint business relation as well as negligence of the defendants for failing to have sufficient safety equipment, training and procedures.

The Plaintiff suffered a significant setback when the insurance company for the Defendant filed a declaratory action in Federal Court arguing that their insurance policy did not apply adequate coverage. The 11th Circuit Court of Appeals ultimately ruled that the Defendants’ insurance agent failed to properly secure coverage.

After five years of fighting this case in State Court, Federal Court, and Federal Appeals Court with zero offers of settlement from E&O carrier for the insurance agent, we were able to secure our client a settlement of $2,954,000.

Even after the settlement, Goldberg & Rosen went above and beyond and helped secure assets for this paralyzed man so that he will continue to receive passive income for the rest of his life

Wrongful Death

$2,750,000

Dramshop settlement

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Drunk Man Not Wearing Seatbelt Dies in Crash

Verdict for the Plaintiff: $2,750,000

20-year-old young man met up with some friends at a local restaurant/bar where he was illegally served alcohol and became intoxicated. On his drive home to his family, the young man was involved in a crash and was ultimately ejected from his car because he was not wearing a seatbelt. The mother and father of this young man filed suit against the restaurant/bar that illegally served him alcohol.

Wrongful Death

$2,500,000

Damages awarded for cervical spine injury victim

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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.

Premises Liability Victim

$2,500,000

Damages awarded for cervical spine injury victim

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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.

Medical Negligence

$2,500,000

Damages awarded for family whose child died due to medical negligence

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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.

Motor Vehicle Accident

$2,250,000

Damages awarded for victim of car accident who suffered serious injuries

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$2.25 million dollars damages awarded to victim of auto accident

Verdict for the Plaintiff: $2,250,000

This case occurred in the streets of Miami-Dade County where the Defendant was a distracted driver, either looking at his cell phone or failing to pay attention when he ran a red light, striking the Plaintiff in a T-bone crash. The Plaintiff’s vehicle flipped and the Plaintiff suffered serious injuries requiring hospitalization and surgery. The Defendant driver had $2.25 million dollars of insurance coverage and after intense negotiations, the insurance carrier was forced to pay its policy limits, recognizing that the case had a larger value in front a jury. The money has been used to purchase a home for the injured Plaintiff, provide medical care and schooling for his children.

Wrongful Death

$2,245,000

Wrongful Death Medical Malpractice Settlement

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Medical Malpractice settlement against local hospital

Verdict for the Plaintiff: $2,245,000

Goldberg & Rosen was brought in by another law firm to help prosecute the tragic loss of life that resulted from medical negligence at a major hospital. During a routine colonoscopy, a healthy 62-year-old husband and father suffered a puncture to his intestine. Unfortunately, the doctors and medical staff provided medical care that fell below the standard of care. The defendants failed to timely recognize the perforation resulting in a significant infection which ultimately cost our client his life.

Initially, the hospital and staff took the position that the perforation was a known risk and that the infection was a rare reaction that could not be prevented. The hospital and doctors denied responsibility during the pre-suit stage of the case.

After Goldberg & Rosen deposed several doctors, nurses, and corporate representatives under oath, the defendants’ insurance company realized they would have to compensate our client and own up to the mistakes that were made.

Motor Vehicle Accident

$2,200,000

Motorcycle Crash Confidential Settlement

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Motorcyle Accident resulting in brain injury with a rental car company

Verdict for the Plaintiff: $2,200,000

An ambulance flashing its light and blasting its sirens approached a busy intersection. The defendant, who was a manager for a rental car company, was running late for work. This ambulance caused the defendant driver to run the red light and strike our client who was on his motorcycle with a friend. Brett Rosen, Judd Rosen, and Mustafa Dandashly overcame many obstacles in this case. First, the defendant hired an expert who blamed the young motorcycle driver for the crash evidencing his ability to avoid the collision as well as his lack of a motorcycle license. Second, the defense asserted the Graves Amendment, a cap on damages assigned to rental car companies, which would have limited the liability of the company to only $10,000.00. Third, the Defendants insurance company hired a medical doctor who upon examination of the young man opined that he is doing fine and will not need any future medical treatment. After destroying the defense experts in depositions and defeating the defendants Graves Amendment argument, we were able to resolve the case for 2.2 million dollars. This was life changing money for our young client. The monies were used to ensure a good future for this young man including the purchase of a home and a reserve for future medical expenses.

Motor Vehicle Accident

$2,100,000

Recovery for Car Crash Brain Injury

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Confidential Settlement in a Motor vehicle crash that resulted in a brain injury

Verdict for the Plaintiff: $2,100,000

Judd Rosen secured a 2.1 million dollar policy limit settlement for an injured plaintiff. The plaintiff was a middle-aged Cuban immigrant who had recently arrived from Cuba with his family. One day he was driving lawfully down the road when a large SUV ran a red light hitting his car broadside and flipping it, causing a traumatic brain injury.

The settlement funds were placed in a structured trust to provide a lifetime of medical care for the plaintiff and a portion was used to purchase a home where the plaintiff can live with his family and nurse himself back to recovery.

Motor Vehicle Accident

$2,000,000

Awarded damages for victim of hit and run crash with a Bentley

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

Verdict for the Plaintiff: $2,000,000

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.

Motor Vehicle Accident

$2,000,000

Awarded damages for victim of a severe drunk driving incident

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$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.

Motor Vehicle Accident

$1,700,000

Couple Rearended at Train Tracks

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Motor vehicle crash involved a married couple settles for 1.7 million.

Verdict for the Plaintiff: $2,100,000

An older married couple was driving along the backstreets of South Florida when they approached an old nonoperating set of train tracks. The operator of a commercial truck was not paying attention and rear ended the Goldberg & Rosen clients. The defense claimed that there was no reason to stop at the train tracks and all of our clients’ injures were pre-existing. The offer pre-suit was zero. After we took the deposition of the defendant driver, the case resolved for 1.7 million dollars.

Wrongful death

$1,500,000

Child Dies of Rare Disease

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Medical Malpratice Wrongful Death policy limit settlement for a young boy untimely diagnosed.

Verdict for the Plaintiff: $1,500,000

The Plaintiffs were first time parents of a young child that they conceived through in vitro fertilization. When their child became ill, they took him to a local pediatrician. The Plaintiffs alleged that the doctor failed to timely diagnose their child with a rare autoimmune disorder. The Plaintiffs also alleged that the pediatrician failed to treat the disease appropriately. Unfortunately, the young child passed away due to his injuries.

Workplace Injury

$1,500,000

Damages awarded for ship crew member who suffered herniated disc

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$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.

Motor Vehicle Accident

$1,500,000

Damages awarded for pedestrian struck by Holiday Inn transport Van

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$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.

Motor Vehicle Accident

$1,100,000

Recovery for Longshoreman Injured on Way to Work

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Shoulder surgery results in a 1.1 million dollar settlement from a car crash.

Verdict for the Plaintiff: $1,100,000

Judd Rosen, Brett Rosen, and Mustafa Dandashly represented a Miami longshoreman who was struck from behind on I-95 by a semi-tractor trailer.  Although the plaintiff was never hospitalized, suffered no broken bones, and returned to work a few weeks after the crash, Judd and his team were able to prove that the plaintiff’s orthopedic injuries were severe and deserving of this settlement.  Some of the factors that influenced the result were the need for an arthroscopic shoulder surgery and diagnosed herniated disks. The plaintiff had approximately one hundred thousand dollars in medical bills and was able to use a large portion of his settlement funds to retire from the Port of Miami and enjoy his retirement with his children and grandchildren.

Wrongful Death

$1,100,000

Missed Infection at Local Hospital

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Medical Malpractice wrongful death misdiagnoses resulted in a settlement

Verdict for the Plaintiff: $1,100,000

The plaintiff came to Goldberg & Rosen when her husband presented to a local hospital with a fever and unexplained joint pain. Rather than run a full panel of tests, the doctors discharged him. Unfortunately, they missed a deadly infection, which travelled through his blood and killed him. The hospital's lawyers argued that their doctors followed all the standard protocols and did everything by the book, and that it was not negligence to fail to diagnose the infection. Goldberg & Rosen was able to successfully negotiate a presuit settlement in excess of Florida's Medical Malpractice caps and bring justice to the plaintiff's family.

Motor Vehicle Accident

$1,100,000

Damages awarded for victim of crash with tractor-trailer rig

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$1.1 million dollars settlement for injured stevedore involved in car accident

Verdict for the Plaintiff: $1,100,000

The Plaintiff suffered a shoulder tear requiring arthroscopic surgery following a car accident on I95. During the crash, the Plaintiff was stopped for traffic when he was smashed from behind by the Defendant driving a large tractor-trailer rig. After impact, the Plaintiff’s vehicle flew across three lanes of traffic before finally coming to stop on the opposite side of the highway. The Plaintiff was never hospitalized and suffered no broken bones. Nevertheless, his injury was severe and cost him to miss work for 2 weeks.

Boating Accident

$1,100,000

Damages awarded for water vessel crash in south Florida

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$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.

Motor Vehicle Accident

$1,100,000

Damages awarded for bicyclist hit by a delivery truck driver

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$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.

Sexual Assualt

$1,000,000

Sexual Assault by a Ride-Share Driver

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Results in a million dollar settlement

Verdict for the Plaintiff: $1,000,000

Plaintiff was sexually assaulted by driver of ride share company vehicle. Company denied claim and argued that the driver was “off the clock” and “plaintiff did not use the ride share App”. Case eventually settled for 1 million dollars.

Motor Vehicle Accident

$1,000,000

Confidential Settlement– Brain Injury Head On Collision

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Policy limit tender for brain injured client who was at fault for the car accident.

A man in the Florida Keys was driving to work when he fell asleep at the wheel and collided head on with a dump truck. The man suffered a severe brain injury and incurred hundreds of thousands of dollars in medical bills. Several eyewitnesses confirmed that our client was the sole cause of the crash leading the dump truck’s insurance company to deny liability. However, through the course of discovery, Goldberg & Rosen uncovered that the dump truck’s tires were bald diminishing his ability to avoid the collision. In addition, the dump truck driver did not react timely and was overworked. This resulted in the insurance company tendering their full $1,000,000.00 policy limits. This was an extremely difficult liability case, but Goldberg & Rosen is extremely proud of the result. It has provided our client with a quality of life and extra funds to help pay for his ongoing medical expenses.

Workplace Injury

$1,000,000

Awarded damages for a young man who fell while working on roofing project

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$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.

Workplace Injury

$1,000,000

Awarded damages for boat yard worker injured in saw incident

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Boat yard worker injured in saw incident recieved 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.

Motor Vehicle Accident

$970,000

Damages awarded for family of fatal automobile accident victim

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$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.

Wrongful Death

$960,000

Geico Acted in Bad Faith- Squire v. Geico

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Badfaith Verdict against Geico after 6 years and two separate verdicts.

Verdict for the Plaintiff: $960,000

“I told you we were gonna win and beat your policy limits, didn’t I?!” This was the theme that echoed through every deposition and witness in this insurance bad faith trial. “I told you so” because each adjuster and claims supervisor fumbled to explain why they failed to tender their policy limits when asked to do so multiple times by attorney Judd Rosen. “I told you so” when a jury confirmed our prediction with a jury verdict in favor of our clients.

Finally, after six years of litigation and being forced to pay two million in attorney’s fees and court costs, GEICO finally got the message that they picked the wrong firm to fight.

The case started years earlier when pedestrian, Willie Perry was hit by a vehicle driven by Brian Squire.  Perry died 8 months after the crash, and his daughters filed suit for wrongful death against Squire.  Geico insured Squire and despite evidence that Squire was partly at fault, GEICO refused to pay the $300,000 policy limits.

The Geico claims file was evidence in the case, and it was prophetic in that the claims adjuster noted conversations with Attorney Rosen where he promised to win millions for his client if Geico refused to pay. That is exactly what happened.  Judd and Brett won a $960,000 verdict in the first trial, then with the blessing of Perry’s daughters represented Squire in his suit versus Geico for its bad faith in failing to pay Rosen’s clients when he asked them to years earlier.

The jury heard from experts for both sides and concluded unanimously that Geico acted in bad faith. Shortly after the verdict, Geico satisfied the full judgement, and paid the Rosen brothers all of their fees and costs for the past several years.

“This case should be a lesson to insurance companies to protect their policy holders. Goldberg and Rosen will fight until the end to hold them accountable if they don’t. Funny thing is Geico could have settled this for $300,000 seven years earlier, but they didn’t. Because Geico didn’t listen to Goldberg & Rosen, Geico lost millions of dollars in judgements, fees, costs and exposure having to pay their own lawyers’ fees and the plaintiffs.”  “I told you so”.

Motor Vehicle Accident

$954,567

Verdict and Subsequent Million Dollar Policy Tender (Gilberto Borges)

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Jury verdict for a man that had knee surgery from a car accident.

Verdict for the Plaintiff: $954,567

Judd Rosen and Mustafa Dandashly tried this automobile accident case in two days and got the verdict that their client deserved. The defense claimed for years that the crash was “not their fault” and then on the first day of trial finally conceded liability but claimed that a “fair verdict” would be for 30,000 dollars.  They claimed that the plaintiff’s knee and back injuries were all pre existing from his years as a body builder. They even deployed surveillance teams to follow the plaintiff for weeks at a time. Those tactics failed and in less than two hours the jury came back with the right verdict for the right reasons. Justice.

Wrongful Death

$950,000

Awarded damages for Tampa family who lost father in automobile accident

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$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.

Wrongful Death

$943,733

Awarded damages in wrongful death suit - Geico insurance

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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.

Motor Vehicle Accident

$900,000

Drunk Driver Crash

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DUI victim received $900,000 after car accident

Verdict for the Plaintiff: $950,000

Defendant employed a three-time convicted drunk driver to drive its company truck. The Defendant/Driver crashed into the Plaintiff’s car spinning her out of control. He then fled the scene leaving behind the injured Plaintiff. When the Defendant/Driver was eventually apprehended by the police, he blew three-times over the legal limit. The Plaintiff suffered soft tissue injuries and did not need surgery.

Motor Vehicle Accident

$880,000

Damages awarded for truck driver who suffered multiple injuries from crash

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Policy limits one million dollars received after jury awards $880,000 plus attorney's fees and court costs

Verdict for the plaintiff: $880,000

In this heavily disputed car accident case, the insurance company, Travelers, refused to accept responsibility for causing the crash until the day before trial. After finally admitting that the crash was their insured’s fault, Travelers fought against each and every injury suffered by the Plaintiff. The Plaintiff, in this particular case, suffered a torn meniscus that required surgery. Although the Plaintiff suffered the knee injury immediately from the crash, he failed to disclose it to his doctors for 2-1/2 months following the initial impact. The Plaintiff was a hard working truck driver who prides himself on holding back pain and not being a “cry baby.” The Defendants felt that his failure to mention his complaints to his doctors for 2-1/2 months would be fatal to his case; however, the jury saw that not every person who is injured in a car crash should be prejudiced by medical records.

The Plaintiff was forced to go to trial because he needed future surgery for his knee, neck and back. If he did not take his case to trial, he would have been forced to live a life in pain or to sell his home to pay for his medical expenses. Fortunately, the jury awarded every penny he needed to get the medical care that his doctors recommended. Subsequent to the verdict, the Defendants were forced to tender their $1 million dollar policy limits. Although the jury is never informed that there is an insurance carrier in these types of cases, the carrier’s adjuster was present throughout the trial and recognized that this was a legitimate claim that needed to be paid once the jury had given its verdict.

Premise Liability Victim

$850,000

Intoxicated Patron Injured by Bouncer

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Negligent security against a national bar/restaurant results in great outcome despite no insurance.

Verdict for the plaintiff: $850,000

A Miami Dade County public school teacher was assaulted at a local bar by a security guard. His injures were significant. After delays, Brett Rosen was asked to take over the case from another law firm. It was a complicated case involving liability dispute, bankruptcy of the insurance company, and E & O claim against the defendant’s insurance agent.

“This was not your typical premises liability case. It required innovative legal thinking, hard work, and risky decisions,” said Brett Rosen. Brett went on to say, “We must have hit 10 dead ends in the case. However, my client’s quality of life was on the line, and we weren’t going down without a fight.

After three mediations, we were finally able to get the case settled. We obtained enough money for our client to get the medical treatment he needed.

Motor Vehicle Accident

$850,000

Damages awarded to young couple for collision with driver from large shipping company

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Large shipping company pays $850,000 when one of its drivers crashes into a young couple on the highway

Verdict for the plaintiff: $850,000

While driving on the Turnpike, the Defendant Shipping Company crashed its large van into the back of this young couple’s car sending it spinning out of control. The Defendant’s only liability defense was that the Plaintiff’s stopped short causing the crash. The Plaintiff/passenger initially ignored his pain and injuries in order to care for his terrified and inconsolable companion. This gap in treatment was a point of contention was The Plaintiffs underwent surgery and injections.

Motor Vehicle Accident

$835,000

Verdict/Settlement in Rear End Car Crash

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Jury Verdict & Settlement results in more 25x the pretrial offer for unoperated herniated disc.

Verdict for the plaintiff: $835,000

The defendant rear-ended the Plaintiff’s car. The causation of the Plaintiff’s herniated discs and subsequent medical treatment was heavily disputed by the defendant. In fact, the defendant’s insurance company only offered a total of $35,000.00 to settle her case leaving Goldberg & Rosen with no choice but to take this case to trial.

Brett Rosen took the lead of the hard fought 4-day jury trial. The veteran defense team took the approach that the plaintiff was not hurt and would need no future medical care. The defense asked the jury to give $15,000 for past medical expenses. However, the plaintiff’s trial team presented her evidence leading the jury to reject the defense’s argument and award the Plaintiff over $560,000.00.

Prior to trial, plaintiff made a formal offer to settle the case in its entirety for the low policy limits of the defendant. Defendant rejected this offer. Due to the verdict which was over 5 times in excess of the proposal, the defendant was forced to pay our attorney’s fees in addition to the verdict. Prior to appeal, the parties entered into a confidential settlement for far more than jury verdict and insurance policy.

Motor Vehicle Accident

$825,000

Damages awarded for victim of car accident who suffered low back injuries

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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.

Motor Vehicle Accident

$800,000

Damages awarded for school teacher struck by car in Miami

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$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.

Premises Liability Victim

$800,000

Unsecured Handrail Falls Along with Plaintiff

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Premises liability and negligent construction case resulted in aggravation of client’s injury.

Verdict for the plaintiff: $800,000

In this case, the Plaintiff, a Miami-Beach man was strolling when he decided to stop and rest along a handrail. Unbeknownst to him, the handrail had been left unsecured by construction workers, causing him to tumble backwards and get hurt. At the time of the fall, the Plaintiff was recovering from a back surgery due to a pre-existing injury. The insurance company tried to take advantage of this fact, but the Goldberg & Rosen team was able to prove that the fall aggravated and re-injured the Plaintiff’s back and secure him an $800,000 settlement

Motor Vehicle Accident

$750,000

Damages awarded to young woman who suffered a herniated disc in car accident

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$750,000 awarded to young woman who suffered a herniated disc in a car accident

Verdict for the plaintiff: $750,000

The Plaintiff was rear-ended and suffered a herniated disc in her neck following a car accident. The garbage truck that struck her denied that the accident was their fault and also blamed her herniated disc on a prior neck complaint that the Plaintiff had suffered years before. Goldberg & Rosen performed an extensive investigation into their own client’s medical records and found that the records proved completely different symptoms and no diagnosed herniated disc before the crash. Based on the Goldberg &Rosen evaluation, the parties were able to resolve the case for $750,000.00.

Liability & Damages

$750,000

Damages awarded for elderly man in fall accident at local flea market

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Goldberg & Rosen partner Zachary Bodenheimer wins $750,000 for local south Dade man injured at Redland Market Village

Verdict for the plaintiff: $750,000

This was a hotly contested premise liability case which was litigated by a top insurance defense firm. The case proceeded to trial because the Defendant refused to offer more than $15,000.00 to settle the Plaintiff’s serious injury claim.

The Plaintiff, Mr. Johnson was an elderly man who broke his ankle attempting to enter through a large hole in a barbed wire fence that was made to allow customers to enter into the flea market. The flea market was on notice that customers were entering through this hole, but they failed to do anything to remedy the situation. On the day of the fall, Mr. Johnson arrived at the flea market looking to buy some clothes for his wife who was dying of cancer. When he arrived, the gates were closed so neighborhood visitors were entering through the hole in the fence. As Mr. Johnson attempted to navigate through the structure, he fell and broke his ankle.

At trial, the flea market called the local preacher to testify against Mr. Johnson; however, on cross-examination, Zac exposed that the preacher was actually getting free publicity and free booth rental at the flea market. Another witness against the Plaintiff was a police officer who coincidentally earned more money as a security guard for the flea market than he did at serving our community. Zac also exposed several lies in the testimony of the flea market’s corporate representative including the flea market’s hours of operation; how many others had walked through that same hole in the fence; and why the flea market failed to allocate any funds towards fixing the fence.

At the end of the day, the jury was fed up with the lies of the defense and awarded a fair and just verdict of $750,000.00- every penny that our firm requested in closing argument for the injured Plaintiff. Justice has been served, and now Elijah Johnson will have the resources to take care of his dying wife.

Liability & Damages

$750,000

Damages awarded for Miami police officer injured in elevator accident

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$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.

Motor Vehicle Accident

$750,000

Awarded damages for elderly man struck by a semi-tractor trailer

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$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.

Motor Vehicle Accident

$750,000

Disputed Liability in Scooter vs Car Collision

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Vehicle accident results in fantastic result for G&R client that received the ticket in the accident.

Verdict for the plaintiff: $750,000

The Plaintiff inured his foot and shoulder when the Defendant made a left-hand turn and hit his scooter. The Defendant claimed that the Plaintiff ran the red light and that he was the cause of his own injuries. However, Goldberg and Rosen were able to find a witness and obtain a statement favorable to the Plaintiff and discover that the Defendant may have been on her phone at the time of the collision. Eventually, the insurance company succumbed to the pressure of litigation and settled out of court with the Plaintiff for $750,000.00.

Motor Vehicle Accident

$750,000

Motorcycle Crash Victim

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Motorcycle crash results in significant recovery for a G&R client

Verdict for the plaintiff: $625,000

Judd Rosen secured a $750,000.00 settlement for a motorcycle crash victim who suffered mild orthopedic injuries.

Premises Liability

$750,000

Premises liability for slip and fall at a local mall

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Premises liability for slip and fall at a local mall

Verdict for the plaintiff: $750,000

Judd Rosen and Kathy Ortega obtained a $750,000.00 settlement for a store customer who fell on water leaking from a roof. The plaintiff suffered a herniated disk that was surgically repaired.

Motor Vehicle Accident

$725,000

Awarded damages to victim rear-ended by trailer tractor

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$725,000 awarded to plaintiff who undergoes micro-discectomy back surgery following crash

Verdict for the plaintiff: $725,000

The Plaintiff was stopped at a red light when a tractor-trailer struck him at a low speed from behind. Although the impact did not show significant damage to the vehicles, the force was enough to injure the Plaintiff’s back, causing him to require a micro-discectomy back surgery. The Goldberg & Rosen law firm, led by Senior Partner, Judd G. Rosen, utilized physics to prove that the amount of force and momentum can be calculated by using a mass times velocity equation. In other words, a car typically has a mass of about 4,000 lbs. and a car upon car impact would deliver far less force than a tractor-trailer, which in this case, was fully loaded and weighed 80,000 lbs. Using the 20 to 1 ratio, Goldberg & Rosen was able to prove that the amount of force was actually 20 times more at 5 mph than it would be by a car. Therefore, the actual force upon the Plaintiff was like getting struck by a regular car travelling at 100 mph. This use of physics was persuasive in getting the insurance company to settle for an amount that satisfied the Plaintiff’s medical expenses and allowed him the financial security to move on with his life.

Liability & Damages

$725,000

Awarded damages to mall shopper when temporary wall falls and crushes her

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Damages awarded to mall shopper when temporary wall falls and crushes her

Verdict for the plaintiff: $725,000

The Plaintiff was walking at a local South Dade mall when a temporary structure, built to hide the interior of an unoccupied retail space, collapsed and fell on top of her. The 40-foot long plywood/temporary wall fell and slammed the unsuspecting Plaintiff to the floor. She suffered serious neck and back injuries from this incident. The key moment in the case occurred when Goldberg & Rosen obtained the surveillance footage which showed two very important happenings: 1) the obvious impact of the wall falling upon the Plaintiff, and the Plaintiff hitting the ground hard; and 2) the fact that security personnel walked away from the incident after the incident occurred rather than rushing to provide first aid. This was a highly litigated case in which the mall even attempted to blame “Santa Claus” for removing some of the nails which were supposed to keep it in place. This case was litigated by Judd Rosen. Justice prevailed and a favorable settlement of $725,000.00 was awarded prior to trial for the injured Plaintiff.

Premises Liability Case

$725,000

Elderly Man Shot in Own Apartment Complex

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Negligent security case results in amazing settlement for an elderly man

Verdict for the plaintiff: $725,000

Judd Rosen and Mustafa Dandashly represented the shooting victim who was attacked by a perpetrator hiding behind a staircase. The thug chose that location because the lights were out in the building and the security cameras were nonexistent. Although the plaintiff survived the shooting and valiantly shot at the robber to defend himself, he was still left with permanent injuries. 

Motor Vehicle Accident

$700,000

Damages awarded for victim of crash with garbage truck

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$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.

Motor Vehicle Accident

$675,000

Local Nurse Injured in Bicycle Crash

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Local Nurse hit by waste truck while riding her bike

Verdict for the plaintiff: $675,000

Brett Rosen represented a local children’s nurse who just moved to Miami when she was enjoying a beautiful South Florida day with a bike ride. Unfortunately, the Defendant driver was not paying attention and pulled out to make a right-hand turn and struck her with the truck. This resulted in our client suffering road rash to her legs. This permanent scar would stay with this young single women for the rest of her life. The offer presuit was $0. We filed a lawsuit and on the eve of trial the insurance company offered $675,000.00.

Motor Vehicle Accident

$650,000

Damages awarded to young man struck by utility vehicle

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$650,000 awarded to young man struck by utility vehicle

Verdict for the plaintiff: $650,000

The Plaintiff was driving his vehicle late at night when he was side swiped by a large utility vehicle. The accident caused a tear of the Plaintiff’s joint requiring an arthroscopic surgery. The cause of the crash and significance of the injuries were highly disputed by the defense. However, after several mediations, the case resolved for $650,000.00.

Liability & Damages

$625,000

Major Shipping Company Injures Plaintiff

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Car accident case results in high 6 figure settlement.

Verdict for the plaintiff: $625,000

Judd Rosen and Jocelyn Santana won a $625,000.00 settlement for an injured plaintiff hit from behind who suffered herniated disks.  The original offer was less than $10,000.00.

Liability & Damages

$600,000

Damages awarded for trip and fall incident at a local restaurant

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$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.

Motor Vehicle Accidents

$550,000

Cyclist Hit by Box Truck

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Cyclist struck by Box Truck in the middle of the night

Verdict for the plaintiff: $550,000

The Defendant was driving a large box truck on a dark road while making deliveries for a medical supply company. The driver of the truck struck Jose and left the scene claiming that Jose was not visible. Jose had been riding down this dark road wearing dark clothing. His bicycle had no lights or reflectors. However, the defendant returned to the scene when he saw fire rescue and the police. Jose suffered a hip fracture and was wheelchair bound while his hip fracture healed. Due to the liability dispute, the defendants offered only $10,000.00

This case was further complicated when the defendant driver’s company filed for bankruptcy. After filing the lawsuit and taking depositions, Goldberg & Rosen exposed the weaknesses in the defense. This case settled at mediation for $550,000.00.

Motor Vehicle Accident

$525,000

Low Speed Rearend Collision

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Low speed impact resulted in cervical spine fusion

Verdict for the Plaintiff: $525,000

Plaintiff and her husband and son were stopped at a light when they were rearended by a tractor trailer. Defendants argued that Plaintiff’s injuries and subsequent cervical fusion was not caused by the crash due to the low speed impact and minor property damage estimated at under $500.

Motor Vehicle Accident

$500,000

Motor vehicle accident results in insurance company paying the policy limits

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Low speed impact resulted in cervical spine fusion

Verdict for the Plaintiff: $500,000

The Plaintiff was injured when the Defendant improperly switch lanes and side-swiped his vehicle. The insurance company denied that the Plaintiff was hurt and claimed that his neck and back injuries were pre-existing and did not make a fair offer. Once Goldberg & Rosen filed a lawsuit and began litigating the case, the insurance company tendered the $500,000.00 policy limits.

Workplace Injury

$500,000

Supermarket Chain’s Leaky Fridge Causes Slip and Fall

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Slip & Fall resulted in a $500,000 recovery

Verdict for the Plaintiff: $500,000

The Plaintiff is a mother and grandmother who was shopping at a well-known grocery store. As she was exiting the store, she slipped on dirty water and fell injuring her knee, neck, and shoulder. The Defendant/Grocery Store refused to accept any responsibility for her injuries. There were two significant turning points in this highly disputed case. (1) The Defendant/Grocery Store refused to turn over the video of the fall. After argument, the Court granted the plaintiff’s motion for the video, and the Defendant was forced to turn it over before the plaintiff’s deposition. (2) The Plaintiff took several depositions of the grocery store’s employees. It was uncovered that the area of the fall was a “high spill” area, and the Defendant/Grocery Store violated its own procedures when it failed to place a rug in the area.

Motor Vehicle Accident

$500,000

Pedestrian Walks Into Oncoming Traffic

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Pedestrian struck by motor vehicle

Verdict for the Plaintiff: $500,000

The Plaintiff was crossing the street near the crosswalk when a company pick-up truck clipped her causing her to fall and sustain fractures to her pelvis. The Defendants argued that the Defendant/Driver had a green light and the right-of-way, and that Plaintiff tried to outrun the car across the intersection.

Liability & Damages

$500,000

Elderly Lady Falls Inside Trolley

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Negligent operation of a commercial trolley resulted in injury to an elderly client.

Verdict for the Plaintiff: $500,000

Plaintiff was aboard the Defendant/Trolley when the Defendant/Trolley failed to avoid a crash when a third vehicle allegedly blew through a stop sign. The Plaintiff, a now 80-year -old woman, fell causing a severe laceration to her head. The case was riddled with missing witnesses and multiple versions of the crash. Defendant alleged that the Plaintiff’s condition was based solely on her age and long list of pre-existing mental condition and co-morbidities.

Motor Vehicle Accident

$500,000

Settlement for Car Crash Resulting in Broken Elbow

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Car Accident results in confidential settlement for G&R client

Verdict for the Plaintiff: $500,000

The defendant caused a t-bone crash injuring a young mother and her 8-month-old son. Despite suffering from a dislocated elbow, this young mother focused on the health and well-being of her young child. The baby was unharmed; however, the young woman’s injuries resulted in her being out of work for months. The defendant strongly contended that this young mother was the sole driver at fault. Goldberg & Rosen was able to quickly secure a statement from an independent eyewitness that solidified the liability of the defendant. After one and half years of litigation, the parties entered into confidential settlement for $500,000.00.

Motor Vehicle Accident

$495,000

Passenger without Seatbelt Hurt In Crash

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Unbelted passenger in a ridesharing vehicle suffered a fracture clavicle

Verdict for the Plaintiff: $495,000

Plaintiff was an unseat-belted backseat passenger in a ride-share vehicle when it was involved in a two-car collision. Plaintiff suffered a fracture to his clavicle and emergency surgery.

Liability & Damages

$475,000

Stay in Cruise Line Infirmary Causes Bed Sores

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Cruise Line negligence and Medical Malpractice case.

Verdict for the Plaintiff: $475,000

80-year-old Plaintiff suffered horrific Class 4 bed sores while aboard a well-known cruise line. Plaintiff had an unrelated fall and fractured her hip while cruising with her family. She put her trust in the hands of the ship’s physician who failed to move or adjust her for several days at a time. This led to deep bed sores and infection which almost took the Plaintiff’s life. Further investigation into the ship’s doctor showed he had previously been sued for wrongful death. Despite this, the ship hired him to take care of its patients anyways.

Motor Vehicle Accident

$475,000

Heavily Dispute Left-Hand Turn Collision

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Disputed car accident resulted in great result for G&R client

Verdict for the Plaintiff: $475,000

Plaintiff was involved in a car crash at a well-known Coral Gables intersection. The Defendant claimed she had a left-hand turn signal and that Plaintiff took the red light. Plaintiff claimed that she had the green light, and that Defendant violated her right of way. The Plaintiff suffered a back fracture. This highly contested crash was ultimately resolved in mediation with all parties present.

Medical Negligence

$475,000

Cruise Line Stay Results in Bed Sores

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Cruise Line negligence and medical negligence results in serious injury

Verdict for the Plaintiff: $475,000

In this cruise line medical negligence case, the Defendant, a cruise ship operator, breached the medical standard of care which resulted in significant bed sores on her body. When the Plaintiff slipped and fell on the cruise ship, she broke her hip. She trusted the ship’s medical staff to care for her needs, but doctors and nurses aboard the ship failed to properly move and rotate the Plaintiff, causing her to develop the bed sores. The cruise line forced the Plaintiff to file in federal court, which is oftentimes a more favorable forum for cruise ship operators. Despite the legal obstacles posed by maritime law, Goldberg & Rosen were able to hold the cruise ship operator responsible for the Plaintiff’s injuries and obtained a $475,000 settlement.

Motor Vehicle Accident

$450,000

Heavily Dispute Left-Hand Turn Collision

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Disputed car accident resulted in great result for G&R client

Verdict for the Plaintiff: $450,000

Plaintiff was involved in a car crash at a well-known Coral Gables intersection. The Defendant claimed she had a left-hand turn signal and that Plaintiff took the red light. Plaintiff claimed that she had the green light, and that Defendant violated her right of way. The Plaintiff suffered a back fracture. This highly contested crash was ultimately resolved in mediation with all parties present.

Liability & Damages

$425,000

Gas Station Pays for Car Hitting Cyclist

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Premises liability, overgrown foliage, and car accident case.

Verdict for the Plaintiff: $425,000

A driver was exiting the Defendant’s gas station when she crashed into the Plaintiff who was riding his bike. An overgrown bush on the Defendant’s property had prevented the driver from seeing the Plaintiff ultimately leading to the crash. The Plaintiff sustained injuries to his ankle and foot. The Defendants denied liability claiming that the crash was solely the fault of the driver and that the impact was low speed and could not have caused such severe injuries. Furthermore, Plaintiff had a long history of foot and ankle problems stemming from a prior unrelated fall from a roof which resulted in fractures and surgeries.

Liability & Damages

$410,000

Damages awarded to elderly woman for fall incident at apartment parking lot

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Elderly woman steps in 'hidden hole' inside a parking lot and receives $410,000 settlement

Verdict for the plaintiff: $410,000

The Plaintiff was a pedestrian walking from her car to her daughter’s house in an apartment building when she stepped in a hole in the ground. This hole, which had existed for several years, was so old that grass had grown over it creating an optical illusion making it look like the ground was flat. However, this was a serious tripping hazard on the premises. Years of litigation pinpointed, through the use of aerial maps and Google Earth images, the time period the hole was created; what companies were involved in its creation and maintenance; and exactly how long the management knew or should have known of the presence of this danger on their property. The case was litigated by Zachary Bodenheimer and Judd Rosen and after multiple mediations, the parties were able to bring closure to the situation and secure a $410,000.00 settlement for the Plaintiff who suffered a serious lower extremity injury.

Premises Liability

$410,000

Trip and Fall Victim

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Premises liability for trip and fall at an apartment complex

Verdict for the plaintiff: $410,000

Judd Rosen represented an elderly woman who fell in a camouflaged hole outside her family member’s apartment complex. After the fall our investigator located the hole and built a life size plaster mold of the hole so the jury could truly visualize the dangerous condition. Turns out the hole was from a large tree that was excavated some time before the fall. Although the neighbors had complained, no one bothered to fill the hole until the lawsuit was filed. It was too late for our client who suffered an orthopedic injury but thankfully the hole is now gone and no one else will get hurt.

Liability & Damages

$406,000

Damages awarded for pain & suffering - the Ritz Carlton hotel

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Josette Mollet v. The Ritz Carlton Hotel Company LLC

Case no. 08-121-3 CA 11 Verdict for the plaintiff: $406,000

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.

Premises Liability Victim

$400,000

Kids Horsing Around in Store Get Hit by Falling Vase

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Premises liability, overgrown foliage, and car accident case.

Verdict for the Plaintiff: $400,000

The 4-year-old Plaintiff was walking in a well-known department store chain during the holidays with his mother and older brother. The Defendant/Department Store had overstocked their display tables with heavy vases on flimsy boxes. One of these 40-pound vases fell onto the Plaintiff’s head and knocking him unconscious. The Defendant/Department Store claimed that the two young boys were running around the store and knocked the vase over themselves.

Workplace Injury

$400,000

Damages awarded to hero plaintiff who saved co-working from electrocution

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Hero plaintiff who saved co-worker from electrocution receives $400,000 settlement

Verdict for the plaintiff: $400,000

The Goldberg & Rosen law firm is proud to represent this particular “hero/Plaintiff” who jumped off of his excavator and risked his life to dislodge his co-worker who was stuck to an improperly protected electric cable and was being electrocuted. The Plaintiff suffered burns to his hands and mild traumatic brain issues as a result of his being electrocuted. Nevertheless, the Plaintiff was able to return to work where he received a hero’s praise for saving his co-worker’s life. Goldberg & Rosen was proud to obtain a settlement that puts him in a financial situation that fairly equates with his injuries.

Workplace Injury

$400,000

Damages awarded for maritime victim of negligence

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Damages awarded for maritime victim of negligence

Verdict for the plaintiff: $400,000

The Plaintiff was a crew member aboard a local site seeing ship when another crew member negligently left a hatch open. While the Plaintiff was walking and carrying supplies for a party, he unknowingly stepped into the hatch and fell injuring his shoulder and knee. The Plaintiff was forced to undergo surgery to his knee and to his shoulder. The case proceeded under a Federal Maritime Law known as the Jones Act. The Jones Act requires a ship’s owner and crew employer to provide prompt, proper and adequate medical care to the Plaintiff along with maintenance and living expenses. Goldberg & Rosen secured the medical care and living expenses and even obtained a settlement in excess of $400,000.00 to compensate the Plaintiff for his pain and suffering.

Workplace Injury

$389,600

Awarded damages for a neck injury - Royal Caribbean

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Nashang Lizma Abina Lavia v. Royal Caribbean Cruises, LTD. - Jones Act case

Case No. 10-22925 CA 02 Verdict for the plaintiff: $389,600

This case was tried by Judd G. Rosen, Esq., along with Co-Counsel Peter Sotolongo, Esq., on December 5, 2011. The Plaintiff, Nashang Lavia was a former crewmember of a Royal Caribbean Cruise vessel. She suffered an injury to her neck, and the Plaintiff sued under the Jones Act, which requires the employer, ship company, to provide proper and adequate medical care. In this case, the evidence showed that the Defendant’s own doctor recognized that Ms. Lavia had a “permanent, painful and progressive condition” but discontinued her benefits and refused to provide future treatment. After a one week trial, the jury found that the “Defendant’s failure to provide Maintenance and Cure was unreasonable, arbitrary, willful and capricious”. The jury reached its verdict unanimously and the Plaintiff has since then been appropriately compensated.

Liability & Damages

$313,238

Awarded damages for injuries sustained - Iron Mountain Information, MGMT.

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Jose Calvo v. Jose F. Casanova and Iron Mountain Information Management, Inc.

Case No. 08-61122 CA 15 Verdict for the plaintiff: $313,238.98

This case was tried by Judd G. Rosen, Esq., along with Co-Counsel Peter Sotolongo, Esq., on December 5, 2011. The Plaintiff, Nashang Lavia was a former crewmember of a Royal Caribbean Cruise vessel. She suffered an injury to her neck, and the Plaintiff sued under the Jones Act, which requires the employer, ship company, to provide proper and adequate medical care. In this case, the evidence showed that the Defendant’s own doctor recognized that Ms. Lavia had a “permanent, painful and progressive condition” but discontinued her benefits and refused to provide future treatment. After a one week trial, the jury found that the “Defendant’s failure to provide Maintenance and Cure was unreasonable, arbitrary, willful and capricious”. The jury reached its verdict unanimously and the Plaintiff has since then been appropriately compensated.

Motor Vehicle Accident

$290,000

Awarded damages for torn meniscus - Adrian Machado & Pablo Machado

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Luis Rodriguez v. Adrian Machado and Pablo Machado

Case No. 08-74425 CA 25 Verdict for the plaintiff: $290,000

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.

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If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.

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