Firm Results

Jason Azzarone and Jonathan Ficarrotta were successful in securing a summary judgment in a negligence case filed in the United States District Court, Middle District of Florida, in which the firm represented a large hotel chain. The Plaintiff alleged causes of action for breach of express and implied warranties, negligence and strict liability stemming from being diagnosed with E Coli. Specifically, the Plaintiff alleged that she acquired E Coli after eating a cheeseburger in the hotel’s restaurant. A motion for summary judgment was filed on the basis that the Plaintiff could not establish via direct evidence that the cheeseburger was the source of the E Coli. Mr. Azzarone and Mr. Ficarrotta also argued that the Plaintiff could not, through expert testimony, establish the source of the Plaintiff’s E Coli exposure. The Court agreed and specifically held that as a matter of law, the Plaintiff could not establish causation and that her expert’s opinions were speculative. In granting summary judgment on behalf of the hotel, the Court held that while Plaintiff may have established that the cheeseburger was a potential source of E coli, based upon the evidence presented, a reasonable juror could only speculate as to whether it was the true cause, and that there was no adequate evidentiary basis to conclude that it is more likely than not that Plaintiff contracted E coli from the cheeseburger.

Lou La Cava and Karen Mallin obtained a defense verdict in a medical malpractice case in Polk County. The Plaintiff alleged the Defendant internal medicine physician was negligent in failing to properly evaluate, monitor, treat, and diagnose the patient with a retroperitoneal hematoma and liver disease resulting in his death. After an 8 day trial the jury returned a verdict finding there was no negligence that was a legal cause of the patient’s death.

Barbara Chapman obtained a dismissal for her client in a medical malpractice case. The Plaintiff alleged the physician was negligent by replacing a pacemaker in a previously infected site. The Plaintiff agreed to dismiss the Defendant from the case prior to trial

Lou La Cava and Jim Wetzel obtained a defense verdict in a wrongful death case tried in Hillsborough County. The Plaintiff alleged that the Defendant surgeon inappropriately evaluated and treated the patient who had an infection and fecal impaction. After a 5 day trial the jury returned a verdict for the defense finding no negligence on the part of the surgeon which was a legal cause of the decedent’s death

Lou La Cava and Jim Wetzel obtained a dismissal of their client from a lawsuit prior to trial. The Plaintiff alleged that the physician was negligent in not determining that the Plaintiff was wrongly diagnosed with cancer. After litigating the case for a number of years, the Plaintiff dismissed the case a week before it was set for trial.