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$5.9 Million for Fork Lift Driver

August.25. 2011

R.S. was injured on the job. He was working in Hollywood, Florida. He stepped on a forklift which jumped backward and crushed his left foot. He spent 10 days in the hospital, and his doctors were unable to save his foot, which had to be amputated. Worker’s compensation paid his medical bills.

His attorneys also sued Nationwide Lift Trucks, the company that serviced the forklift. Nationwide worked on the forklift the day before the accident. His attorneys found evidence that Nationwide’s repairs to the brake system caused the forklift to malfunction.

The jury found against Nationwide. The jury’s verdict ordered Nationwide to pay $5,900,000 to R.S.

Jury Awards Man Who Claimed Loose Tile Caused Fall

April.14. 2011

A jury awarded $876,771 to a man who fell after stepping on a shifting tile.

In 2008, Jeffrey Coffman, then 65, was walking past a fountain in a lobby at the Diplomat Resort Country Club when he fell. He claimed the tile was improperly installed over a drainage device for the fountain, creating a dangerous seesaw effect. He fractured his right hip, requiring a full hip replacement. Coffman claimed he also will require another more difficult surgery.

Defense counsel argued Coffman was to blame. The country club also claimed Titan Stone failed to reinstall the tile properly after waterproofing the area. Titan claimed the country club knew of the tile problem. The jury found the country club 65 percent liable and Titan 35 percent liable.

Case: Coffman v. Diplomat Properties LP
Case No.: 062008CA024907
Plaintiff’s Personal Injury Attorney: Todd R. Falzone and Eric S. Rosen, Kelley/Uustal, Fort Lauderdale
Defense lawyers: Scott D. Rembold, Bogert & Rembold, Coral Gables; Robert Squire, Houck Anderson, Miami

Jury Awards $876,771 in Trip and Fall Case

October.06. 2010

Kelley/Uustal attorneys, Todd Falzone and Eric Rosen, won a jury verdict of $876,771.23 for Jeffrey Coffman, who suffered an unusual fall at the Westin Diplomat Resort and Spa in Hollywood. While at the Diplomat to attend a wedding, the 65 year old plaintiff was walking with his grandson near a fountain. A tile on the floor shifted and he fell. He sustained a fractured left hip.

The defendants, the Diplomat Resort and Tile & Masonry of Florida, refused to accept responsibility. They argued that he should not have been walking in the water fountain area.

Kelley/Uustal attorneys were able to obtain the hotel’s security tapes through discovery. “The key to the case was the surveillance tape. Once I played it for the jury in opening statement the defense was in deep trouble,” Falzone said.

The Honorable Judge John B. Bowman presided over the seven day jury trial. Kelley/Uustal attorneys, Todd Falzone and Eric Rosen, were able to prove the Diplomat and Tile & Masonry of Florida negligently constructed and maintained the floor tiles. The defendants are expected to appeal.

One Woman’s Fight Against the Fraud and Deceit of Big Tobacco

September.18. 2012

For nearly half of the 20th century, big tobacco deliberately disguised the facts which proved cigarettes and other tobacco-related products increase the chances of developing lung cancer, chronic obstructive pulmonary disease, and emphysema. In fact, large tobacco corporations aimed many of their ads at society’s young, focusing on teens, women, and children. Due to the desire for profit gained by user’s money, the company risked the lives of millions of men and women everywhere.

Unfortunately, the men and women susceptible to such advertisements during this time are now dying. Research shows that every year, 440,000 Americans die due to tobacco products such as cigarettes. However, now that some are beginning to speak out against these harmful advertisements from the past, Big Tobacco denies any of the accusations that have been made.

One woman tells her story of when she was a little girl and used to buy cigarettes from a candy store down the street from her home nearly 70 years ago. She explains that in those days, smoking was advertised as a healthy activity that even doctors and dentists condoned.

After seven years of fighting to hold tobacco companies accountable for corporate fraud and deceit, and for their actions of convincing people that tobacco products are healthy, the 84-year-old woman passed away. Her efforts were to not only recover compensation for her own harm, but to pave the way for other cigarette company victims who may be suffering similar detriment.

Although the woman passed away before her case was tried, her children continue to fight for the rights of those harmed by the Big Tobacco companies. Currently, her children are pursuing a wrongful death claim.

The South Florida trial attorneys from Kelley/Uustal offer their condolences to the friends and families of those who have been victims of Big Tobacco.

Abbott Sued for False Claims Regarding the Prescription Drug TriCor

August.22. 2012

A pharmaceutical company called Abbott Laboratories has pled guilty and agreed to pay the United States federal and state authorities $1.5 million for illegal marketing and false claims regarding the marketing of prescription drugs. Now, the same company is facing a lawsuit for a similar situation involving the drug TriCor, a fibrate approved by the FDA to help patients with elevated triglycerides and other types of cholesterol imbalances.

A former employee brought the claim to attorneys at Kelley/Uustal and Nicolson & Eastin, LLP. The claim stated that Abbott allegedly marketed the drug to doctors in deceptive manners such as kickbacks, off-label marketing and more. Studies and research determined that this deceptive act accounted for millions of dollars in prescription costs that were paid by the state and federal programs, Medicare and Medicaid.

The lawsuit would seek to benefit the United States government by repaying Medicare and Medicaid the prescription costs that were paid due to deceitful marketing tactics. Because the lawsuit was filed by a whistleblower, federal law will provide protection and compensation to the employee who presented the evidence.

The case is pending in the United States District Court for the Eastern District of Pennsylvania before the Honorable C. Darnell Jones, II.

Kelley / Uustal Represents a Client in Carbon Monoxide Poisoning Case

December.02. 2011

John Uustal of Kelley / Uustal represented a Boca Raton man in who suffered injuries after carbon monoxide poisoning due to a faulty keyless ignition system. Watch the video below.

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