800-836-6400 volume 10,no.1 2005 a publication for lawyers ... · known over the years do not do...

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Central Florida Jury Awards $24.1 million to Raven Shoaf U.S. Marine Awarded $5 million in Miami After seven years of litigation, Raven Shoaf had her day in court. Obstetrical and hospital malpractice at birth left her with severe cerebral palsy as uncovered by Partner John Leighton and the medical malpractice trial team of Leesfield Leighton & Partners. John’s tenacity and the commitment of our firm is confirmed by the following litigation history. Continues on page 2 Case timeline on page 2 Our legal team on page 2 Before Richard Perez was run off the road by a piece of heavy construction equipment, he had served valiantly in the U.S. Marines, where he was highly decorated in combat. Within one year of receiving his tragic brain injuries, Ira Leesfield advanced this case to a $5 million award which allows Richard, his son and wife an opportunity for economic security,education and lifetime medical and nursing care. Continues on page 2 From the Florida Offices of Leesfield Leighton & Partners. Miami, Key West, Nationwide. Fall 2005 30 Years of Service to Clients and Co-Counsel Special Co-Counsel Edition

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Page 1: 800-836-6400 Volume 10,No.1 2005 A publication for lawyers ... · known over the years do not do half the preparation for trial that Ira’s firm does just for mediation.They could

CentralFloridaJuryAwards$24.1million toRavenShoaf

U.S.Marine

Awarded$5 million

in Miami

After seven years oflitigation,Raven Shoafhad her day in court.Obstetrical and hospitalmalpractice at birth left herwith severe cerebral palsyas uncovered by Partner John Leighton and themedical malpractice trialteam of LeesfieldLeighton & Partners.John’s tenacity and thecommitment of our firm isconfirmed by the followinglitigation history.

Continues on page 2

Case timeline on page 2

Our legal team on page 2

Before Richard Perezwas run off the road by apiece of heavy constructionequipment,he had servedvaliantly in the U.S.Marines,where he was highlydecorated in combat.Within one year of receivinghis tragic brain injuries, IraLeesfield advanced thiscase to a $5 million awardwhich allows Richard,hisson and wife anopportunity for economicsecurity,education andlifetime medical and nursing care.

Continues on page 2

From the Florida Offices of Leesfield Leighton & Partners. Miami, Key West, Nationwide. Fall 2005

Leesfield Leighton & Partners Hotline: 800-836-6400

Volume 10,No.1 2005 | A publication for lawyers and clients of Leesfield Leighton & Partners

Practice Areas Include:

Personal Injury

Wrongful Death

Aviation

Maritime

Crashworthiness

Defective Products

Premises Liability

Negligent Security

Medical Malpractice

Nursing Home Litigation

Attorneys

Ira H.Leesfield

John Elliott Leighton

Patricia M.Kennedy

Mark A.Sylvester

Thomas Scolaro

Bryan E.Probst

Miami Office:

2350 S.Dixie Highway

Miami,Florida 33133

305-854-4900

800-836-6400

Fax:305-854-8266

Key West Office:

615-1/2 Whitehead St.

Key West,Florida 33040

800-836-6400

Fax:305-854-8266

www.Leesfield.com

30 Years of Service to Clients and Co-Counsel

Special Co-Counsel Edition

VisitLeesfield.comwww.Leesfield.com is acomprehensive resource ofinformation useful in yourpractice. It is fully searchable,offering news about recentcases,verdicts andsettlements,as well asspeeches,articles andresearch.

Page 2: 800-836-6400 Volume 10,No.1 2005 A publication for lawyers ... · known over the years do not do half the preparation for trial that Ira’s firm does just for mediation.They could

2000 2001 2002 2003 2004 2005

Leesfield Leighton & Partners Hotline: 800-836-6400

Raven Shoaf’s $24.1 Million Timeline

January 28,2000Suit filed in the Circuit Court for the 18thJudicial Circuit in and for Seminole County,FL Case No.2000-CA-201-09-K

December 20,2001Defendants invoke NICA procedure.

Plaintiffs win administrative hearing. State ofFlorida,Division of Administrative Hearings

Case No.01-1657n

April 11,2003Plaintiffs petition and obtain rehearing en bancto reverse three-judge panel reinstating Raven’scase. Vote 8-2 for Plaintiffs.

August 18,2004Defendants’ petition for writ ofcertiorari to the Florida SupremeCourt is denied.Case No. SC04-431

June 4,2005Jury Verdict for $24.1 Million.Case No.2000-CA-201-09-K

March 28,2003Defendants appeal and reverse NICA ruling in theDistrict Court of Appeal of Florida,Fifth District.

Case No.5D02-892

FROM THE COVER:

Central Florida JuryAwards $24.1 million toRaven Shoaf

Our firm,our clients and the civiljustice system take their “hats off”to John Leighton and the

LeesfieldLeighton teamfor theircommitment tothis beautifulyoung girl andher future.Special thanks toPatricia Kennedy,Mark Sylvester,

Renaud Bannel,Carmen Nunn,appellate counsel, Jay Levy andOrlando co-counsel, John Fisher.

As demonstrated by the timelineabove, five years of litigation,appealsand team effort finally paid off, givingRaven Shoaf her day in court aftersuffering brain damage at birth.Our firm’s commitment to Raven’srecovery never wavered over five years.

“Leesfield Leighton & Partnershas the professional depth and firmresources to handle lengthy andhighly complex cases like this,”commented John Leighton.

For further information onFlorida medical negligence actions,please contact Leesfield Leighton &Partners at www.Leesfield.com or

Hotline:800-836-6400.

What Co-Counsel Are Saying

FROM THE COVER

Construction Case Brings U.S. Marine $5 millionaward - Highway Safety Case Co-counsel Stuart Mishkin had this to say about the results of this case:

“My co-counseling experience with Leesfield Leighton & Partners has farsurpassed my expectations. What I see is unsurpassed competence,intense diligence and a high level of dedication.”

A search by Leesfield Leighton & Partners disclosed a large number ofavoidable construction site accidents occurring nationally. To improvehighway safety through the civil justice system,please see box below.

My good friends Leesfield Leighton &Partners came through again. For years,

I have known of their ability to get things done.Finally, I had an opportunity to co-counsel with

them on a difficult,but important case,which theysettled for $800,000. The results were prompt and

productive,and I cannot wait for us to work together again.”Gary R. Gober,

Nashville,TN

I referred a case to LeesfieldLeighton & Partners based upon their stellarreputation in the field of personal injury. The

manner in which they obtained a prompt and fairsettlement is impressive,and I would,without

hesitation, refer similar cases to them in the future."Donald C. Barrett,

Dania Beach, FL

"I have been most fortunate to work with theextremely professional firm ofLeesfield Leighton & Partners.

I specialize in representing military families withtheir Federal Tort Claims against the government

for serious personal injuries.The co-counselrelationship Ira Leesfield and John Leighton havedeveloped with my firm has been marked by an

ease of cooperation that promises to lead tosuccess in the courtroom."

Peter R. Masciola Washington, D.C.

It has been a pleasure to co-counselwith Leesfield Leighton & Partners. The firm has

worked diligently on behalf of our client andobtained great results. The clients have beenimpressed with the firm’s responsiveness and

efficiency. The firm has been great to work with,andI look forward to referring other cases in the future.”

Scott Miller,Orlando, FL

Leesfield Leighton & Partners areterrifically effective. My clients have been amazed at

their speed and skill in attaining justice in great proportion.”Richard E.Warner,

Marathon, FL

What a pleasure working withthe Leesfield firm as always! Most trial firms I have

known over the years do not do half thepreparation for trial that Ira’s firm does just for

mediation. They could not have worked harder,been more committed or achieved a better result

in Stuart’s jury trial here in Key West.My thanks to Ira,Tom,Pat,Liana and the entire

Leesfield firm for an outstanding job.”Richard M. Klitenick,

Key West, FL

I have had the privilege of working withJohn Leighton over the years through ATLA,

and have followed his successes in representingclients in a variety of cases. I sincerely appreciate the

firm’s excellent work and would not hesitate torefer any client to them.”

Lisa P. O’Donnell,Virginia Beach,VA

John Leighton

Ten Ways to Win Your Highway Safety Case In analyzing motor vehicle accidents, trial counsel may overlookthe highway defects and ambient highway design and safetyconsiderations. The following ten tips have proven effective forLeesfield Leighton & Partners:

Never assume “it is only driver error” on behalf of theplaintiff/defendant or other operators. Always do a site visit.In any catastrophic injury, immediately investigate the “non-obvious” contributing factors to the incident, including roadwork and road equipment.Be sure defendants receive spoliation letters to preserve andmaintain the equipment and all documents related to thecollision.Always demand the state and federal DOT plans and safetyprotocols for the accident location.Local,state and federal agencies,NHTSA and DOT manuals holdvaluable information related to the construction site,plans andsafety protocols.Do not overlook the environment of the vehicle for potentialcrashworthiness issues,rollover,roof crush,seatbelt unlatching,defective seat backs,protrusions and vehicle defects whichenhance your client’s injuries.Depositions should only be conducted after every piece ofdocumentary evidence is gathered from defendants, including allprior claims in all locations.Depositions should include equipment operators,theirsupervisors and every employee associated with the project,aswell as safety planners,and safety engineers employed bydefendants.A wealth of depositions and the trial of prior litigation is availablethrough networking with other counsel who have handled othercases against the same or similar defendants.

2

Ten HighwaySafety WebsitesU.S.Department ofTransportationwww.dot.gov/Bureau of TransportationStatisticswww.bts.gov/Florida Department ofTransportationwww.dot.state.fl.us/National Highway Traffic SafetyAdministrationwww.nhtsa.dot.gov/Turner-Fairbank HighwayResearch Centerwww.tfhrc.gov

National Transportation Librarytrisonline.bts.govTransportation Research Boardgulliver.trb.org/Federal Highway Administrationwww.fhwa.dot.govThe Road Information Programwww.tripnet.org/The Asphalt Institute www.asphaltinstitute.orgOur web site containsvaluable resource andresearch material on highwayconstruction litigation.

Visit us atwww.Leesfield.comor call HOTLINE 800-836-6400

Page 3: 800-836-6400 Volume 10,No.1 2005 A publication for lawyers ... · known over the years do not do half the preparation for trial that Ira’s firm does just for mediation.They could

Leesfield Leighton & Partners Hotline: 800-836-6400

$2.1 millionverdict in KeyWest. Kemp v. AMR, et al. Case No. CA-K-03-401

In Key West,Stuart Kemp receivedsignificant fractures to his face andmajor compression fractures to hisvertebrae when his moped wasstruck by defendant’s ambulance.There was no offer at trial fromAmerican Medical Response, thenation’s largest ambulancecompany,and the jury was outthree hours. Partners ThomasScolaro and Patricia Kennedyjoined Ira Leesfield inrepresenting plaintiff.

$8 millionaward inBrowardCountyWrongful Death

Pursuant to mandatory arbitrationrules, John Leighton obtained an$8,000,000 arbitration award forthe family of K.S.,who was killed in acatastrophic trucking accident onthe Florida Turnpike.

$1.5 millionwrongful deathawardHospital negligenceat birth(Confidential Settlement)

Leesfield Leighton & Partnersperformed a medical investigationinto the cause of “Betty Doe’s”untimely death. Partner JohnLeighton discovered that nursingerrors compounded the originalfailure to provide reasonable care atdelivery and post-delivery. The casewas settled with the hospital anddoctor for $1,500,000 which willprovide for the economic future forBetty’s son.

$500,000award in CollierCounty. Hunter v. LozanoCase No. 05-1062-CA

When 23-year-old Felicia Hunterwas critically injured in Naples,Florida,Virginia co-counsel,LisaO’Donnell,did not hesitate to callLeesfield Leighton & Partners. IraLeesfield left immediately forNaples,Florida while JohnLeighton was in trial in CentralFlorida. Felicia initially recovered$500,000, and through the firm’sefforts was able to obtain medicalcoverage for her massive medicalexpenses.

$345,000 inMiami-DadeCounty. Vargas v. HomeDepotCase No. 02-29767CA 06

Danilo Vargas received a $345,000award as a result of injuries to hishand when a clay pot he liftedbroke,causing serious nervelacerations. Partner ThomasScolaro effectively discovered theevidence necessary to provedefendant’s negligence for thisserious injury. Tom’s determinationand talent paid off once again!

In the words of local co-counsel:

Providing clients effective,prompt and aggressiverepresentation is critical to oursuccess. As a result,we areextremely careful about choosinganother law firm when we need toco-counsel on matters. LeesfieldLeighton & Partners is a firm wehave no hesitation in partnering with.”

Co-counsel, Eli KaplanCoral Gables, FL

$425,000FTCA Med MalPensacola, Florida. Davis v. USACase No.: 3:04 CV 63RV/MD

Partner Mark Sylvester obtaineda $425,000 recovery from the U.S.Government for the impropermedical treatment of Serena Davisat Eglin AFB medical facility inPensacola,FL. Thanks to Mark’sefforts and co-counsel,PeterMasciola, the Davis family receivedfair and full compensation. Mark’senergy and efforts have given thisclient a new start in life.

ProductsLiabilityLitigationresults in $1million award inPhiladelphia, PA. Total safety defectawards now exceed$100 million

In a confidential settlement against amajor Japanese manufacturer, IraLeesfield and Mark Sylvesterco-counseled with Philadelphiaattorney Kevin Marciano to achievelifetime financial security for thechildren of the deceased fatherwho was killed in a motorcyclesidestand accident. In a Philadelphiamediation,evidence of a designdefect and economic losses to thedeceased were presented and ledto the resolution of this firm’s 18thmotorcycle sidestand case.

Recent Verdicts and SettlementsThe following are recent representative verdicts and settlements. Some cases withconfidential agreements or otherwise may not be reported.

Other SouthFloridaResults This past year allowedLeesfield Leighton &Partners to represent ourneighbors in South Florida andthe privilege of helping thesefamilies recover from seriousand catastrophic personal injuryand loss.RESULTS INCLUDE:

“Betty Doe”v.So.Fla.Hospital$1,500,000

Mack v.Construction Supply Co.$887,500

M.B.v.ABCRestaurant Corp.$750,000

L.B.v.West Coast Hospital$600,000

Harris v.Country Club$500,000

W.H.v. ABCHospital Corp.$450,000

Bourcier v.Padreda$350,000

Estate of Ciani v. ABC Nursing Home$300,000

O.Z.v. ABCDepartment Store$275,000

Kornfeld v. Indemnity InsuranceCompany of North America$225,000

For other case results,please goto www.Leesfield.com

Leesfield Leighton & Partnersand the Leesfield FamilyFoundation continue theirtradition of national communitysupport to the followingorganizations:

Baptist HealthFoundation/Baptist

Cardiac & VascularInstitute

National Parkinson’sFoundation

The Susan G. KomenBreast CancerFoundation

University of Miami

Ira Leesfield Honored for LifetimeAchievement by the Academy ofFlorida Trial Lawyers

Ira Leesfield received the 2004 Al J.Cone LifetimeAchievement Award at The Academy of Florida TrialLawyers Founder’s Luncheon held in Orlando,FL. Ira,aPast President of the Academy, was honored inrecognition of his lifelong crusade in helping the lessfortunate,and his commitment to preserving the civiljustice system. Those who joined former PresidentClinton in recognizing this milestone includedGeorge Stephanopoulos,Senator Bill Nelson,

Congresswoman Ileana Ros-Lehtinen and Congressman LincolnDiaz-Balart, paying tribute to Ira for his career leadership,example setting,devotion and courage.

Leesfield Leighton & Partners congratulates John Romano, this year’srecipient of the Al J.Cone Lifetime Achievement Award, for his outstandingleadership in the trial bar.

President Clinton pays tribute to Leesfield. “I have learned to count on Ira as afriend and community leader, appointing him to important posts in my Administration.. .”

Leesfield Leighton & Partnersincrease Hurricane Relief Efforts

Leesfield Leighton & Partnersand the Leesfield FamilyFoundation

No natural disaster in our firm’s30-year history has so devastatedthe lives and families of so many asdid Hurricanes Katrina,Rita andWilma. In an immediate response tothe catastrophic losses sustained byour friends in South Florida andneighbors in Texas,Louisiana,Mississippi and Alabama,LeesfieldLeighton & Partners made aspecial and diverse commitment tohelp alleviate the suffering,disruptionand dislocation of hurricane victims.All the attorneys and the entire staffwere proud to support the followingrelief organizations:

American Red Cross

The Salvation Army

Bush-Clinton Katrina Fund

Save the Children

Association of TrialLawyers of America - TrialLawyers Care

Louisiana State BarAssociation -Hurricane Katrina LegalCommunity Relief Fund

Mississippi Bar Foundation- Hurricane Katrina ReliefFund

Alabama Law Foundation -Katrina Disaster Fund

Houston Bar Foundation -

Hurricane Relief Fund

United Way of Miami-DadeCounty Operation HelpingHands

Recognition LettersWe’ve Received:

“The Louisiana Bar Foundationacknowledges your generous giftfor the Disaster Relief Fund. Yourdonation will assist displacedlawyers by helping them rebuildtheir practices in the wake of therecent hurricanes.”

“Support from friends like youreflects the cornerstone of ourcommon humanity. You representpeople at their best,reinforcing ourfundamental values of community,compassion and responsibility.”Bush-Clinton Katrina Fund

“Your contribution will help usimprove the lives of children andfamilies who need our help rightnow. So many children in America’sGulf Coast who survived HurricaneKatrina need a sense of stability,security and self-esteem. Thanks toyour support,we can bring relief tothem now and in the monthsahead.” Save The Children

Our thoughts, prayers andencouragement goes to ourcolleagues,clients and friendsimpacted by these disasters,and,ofcourse,every family in the Gulfregion and in South Florida.

Report to the Community

3

Page 4: 800-836-6400 Volume 10,No.1 2005 A publication for lawyers ... · known over the years do not do half the preparation for trial that Ira’s firm does just for mediation.They could

Verdicts andSettlements in the KeysKemp v.AMR $2.1 million verdict

Clark v.Hertz$825,000

Alford v.Dandee Foods$750,000

Pedestrian v.City of Key West$275,000

Johnson/Thompson v.Holder$267,500

Chavez v.Monroe CountySheriff & Malopolski$100,000

In MonroeCounty...Over the last year, our firm’ssouthernmost office continued itsexpanded service to residents andvisitors of Key West and the FloridaKeys. Below are representativesettlements and awards in MonroeCounty.

For the tenth consecutive year,we co-hosted our annual CaseEvaluation Luncheon attended byover fifty Monroe Countyattorneys. Ira Leesfield presentedon the topic of “Building Your TrialPractice in the New Millennium.”Each attendee received one CLEcredit. Later in the year,LegalAssistant Liana Garcia joined theMonroe County Judicial Assistants’2005 Summer Conference whichtook place at the Wyndham CasaMarina Resort. The firm wasdelighted to share Liana’s talent andenergy to help with this importantevent.

At the Association of TrialLawyers of AmericaAnnualConvention held in Toronto, theLeesfield/ATLA Law StudentScholarship was awarded to ClintPaulson,a second year law studentat William and Mary School of Law.

“It is a privilege to continue thetradition of supporting law studentswho express an early commitmentto the future of the civil justicesystem,”the Partners at LeesfieldLeighton & Partners,Toronto,Canada,2005.

Sylvester Cancer Center

Brain Tumor Society

Muscular Dystrophy

AIDS Walk Miami

La Liga Contra El Cancer

March of Dimes

Healthcare DimensionsHospital

Florida Association ofWomen LawyersScholarship

Leesfield/ATLA LawStudent AnnualScholarship

Nard S. HelmanScholarship Fund

Harold Foster MemorialScholarship at NovaSoutheastern University

Legal Services of Greater

Miami

Food for Life Network

Greater Miami JewishFederation

Jewish Family Services

Anti-Defamation League

Holocaust Memorial

Clinton Foundation

Charlee of Dade County

The Children’s HomeSociety

San Francisco ChildAbuse Program

Women in Distress

South Florida Council,Boy Scouts of America

Humane Society ofMiami-Dade County

Pet Rescue, Inc.

Leesfield/ATLA Law Student Scholarship enters its 11th Year

LeesfieldLeighton &Partners in theFlorida Keys

3 NewPartners, 30 Years ofTraditionLeesfield Leighton & Partnerswelcomes Patricia Kennedy,Mark Sylvester and ThomasScolaro as shareholders,and withthanks for their high level ofcommitment to our clients and thebar. Pat,Mark and Tom exemplifywhat happens when you combinetalent and hard work.Congratulations!

Counting onCarmen

On June 4,2005,a Central Floridajury awarded$24.1 millionverdict to RavenShoaf (see front

page.) That was the tip of theiceberg. For over seven years,LegalAssistant Carmen Nunn has beenthe “administrative glue”that keptthis case together. Filing andorganizing tens of thousands ofdocuments,client contact,andkeeping the general flow of this casewere Carmen Nunn’s functionswhile she supported Partner JohnLeighton with his substantialcaseload. This year we honorCarmen for her strength, fortitude,client compassion and for herhighest commitment to theprofession. We recognize her as an“employee of the year”with anadditional $1,000 contribution tothe American Red Cross HurricaneRelief Fund.

[clockwise] NewshareholdersPatricia Kennedy,Mark Sylvester andThomas Scolaro.

We appreciate the opportunity to serve as

Call our HOTLINE at 1-800-836-6400 and visit ourweb site at www.Leesfield.com

Leesfield Leighton &Partners has had the

opportunity to co-counselnumerous cases in our own

backyard of Miami-DadeCounty. Additionally,

has given us the privilege towork with leading lawyers

throughout Florida and the United States.

30 years working with local and national co-counsel.

Ira Leesfield with recipients of ATLA scholarships in Toronto,Canada.

AlabamaArizonaArkansasCalifornia ConnecticutGeorgiaIllinois IndianaKentuckyLouisianaMarylandMassachusettsMichiganMinnesotaMissouriNevadaNew JerseyNew YorkNew MexicoNorth CarolinaOhioOregonPennsylvania Rhode IslandTennesseeTexasVirginiaWashingtonWashington,D.C.West VirginiaWisconsin

Community Service Continued...

Page 5: 800-836-6400 Volume 10,No.1 2005 A publication for lawyers ... · known over the years do not do half the preparation for trial that Ira’s firm does just for mediation.They could

CentralFloridaJuryAwards$24.1million toRavenShoaf

U.S.Marine

Awarded$5 million

in Miami

After seven years oflitigation,Raven Shoafhad her day in court.Obstetrical and hospitalmalpractice at birth left herwith severe cerebral palsyas uncovered by Partner John Leighton and themedical malpractice trialteam of LeesfieldLeighton & Partners.John’s tenacity and thecommitment of our firm isconfirmed by the followinglitigation history.

Continues on page 2

Case timeline on page 2

Our legal team on page 2

Before Richard Perezwas run off the road by apiece of heavy constructionequipment,he had servedvaliantly in the U.S.Marines,where he was highlydecorated in combat.Within one year of receivinghis tragic brain injuries, IraLeesfield advanced thiscase to a $5 million awardwhich allows Richard,hisson and wife anopportunity for economicsecurity,education andlifetime medical and nursing care.

Continues on page 2

From the Florida Offices of Leesfield Leighton & Partners. Miami, Key West, Nationwide. Fall 2005

Leesfield Leighton & Partners Hotline: 800-836-6400

Volume 10,No.1 2005 | A publication for lawyers and clients of Leesfield Leighton & Partners

Practice Areas Include:

Personal Injury

Wrongful Death

Aviation

Maritime

Crashworthiness

Defective Products

Premises Liability

Negligent Security

Medical Malpractice

Nursing Home Litigation

Attorneys

Ira H.Leesfield

John Elliott Leighton

Patricia M.Kennedy

Mark A.Sylvester

Thomas Scolaro

Bryan E.Probst

Miami Office:

2350 S.Dixie Highway

Miami,Florida 33133

305-854-4900

800-836-6400

Fax:305-854-8266

Key West Office:

615-1/2 Whitehead St.

Key West,Florida 33040

800-836-6400

Fax:305-854-8266

www.Leesfield.com

30 Years of Service to Clients and Co-Counsel

Special Co-Counsel Edition

VisitLeesfield.comwww.Leesfield.com is acomprehensive resource ofinformation useful in yourpractice. It is fully searchable,offering news about recentcases,verdicts andsettlements,as well asspeeches,articles andresearch.