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