Brown v. Chrysler, 1984: Successful defense verdict for Chrysler on a claim that a 1984 Chrysler 5th Avenue had blown two engines. Investigation revealed oil exhaustion due to shade-tree “repair” was responsible for the damage.

Druey v. Kurt’s Auto House, 1984: Fraud and breach of warranty case against auto dealer arising out of swapped engine and allegations that engine block was not new. Verdict for plaintiff.

Travelers v. Crest Pontiac (GM), 1984: Successful defense of fraud and breach of contract case against Defendant Crest Pontiac. Judge granted Plaintiff’s ore tenus motion for relief and reversed summary judgment. However, the defense prevailed at trial in the 11th circuit court, Jacksonville.

Romeka v. Sharp, 1985: Product liability trial against a microwave manufacturer for injury due to a defective unit. Verdict for the Plaintiff was affirmed on appeal.

Ponce v. Steak & Ale, 1985: Personal injury case that settled for a confidential six-figure amount during voir dire.

Ploof v. Carolina Freight, 1985: Defended Carolina Freight in a four-day trial in the Fourth Judicial Circuit Court for Jacksonville and a favorable, low six-figure verdict was entered for the Plaintiff which was less than the Offer of Judgment by Carolina Freight.

Oden v. Chrysler, 1985: Misrepresentation and breach of warranty case tried in the Fourth Circuit Court in Jacksonville. The verdict for the Plaintiff was less than the Offer of Judgment by Chrysler.

Wallatalla v. Chrysler, 1985: Plaintiff sued Chrysler, Lee Iacocca and the Governor of Florida alleging a conspiracy to defraud her. The case went to trial in the 11th circuit after all other parties except Chrysler were dismissed. The case settled during voir dire.

Weber v. Peavy & Kaufman, 1985: Legal malpractice trial lasting three weeks before Honorable Kim C. Hammond, 7th Judicial Circuit, Fort Bunnell, Florida. The case involved multiple coverage issues and even immigration issues resulting from Weber’s E-2 “Investor” visa status. Verdict for Plaintiffs apportioning the liability 60% / 40% between Kaufman and Peavy.

Dickerson v. City of Jacksonville, 1985: Subrogation action on behalf of Wausau Insurance following the beheading of a pedestrian by an over-sized asphalt layer on city street. Trial lasted four days in the 11th Circuit Court in Jacksonville. The jury found for the defense.

Schneider v. Chrysler, 1987: Case involving Chrysler K-car engine block tried in the 7th Circuit in Daytona before future DCA Judge Upchurch. Defended on lack of maintenance; verdict for the defense.

Luebke v. Tom Bush, 1987: Represented the Plaintiff and the subrogated interest of the Plaintiff’s insurance carrier on claims of fraud and FDUTPA violations arising out of the purchase of a 1984 model year Datsun 260Z. Verdict for Plaintiff and the case ultimately settled on appeal.

Csubak v. City of St. Augustine, 1987: Personal injury trial with successful representation of the subrogated interests of the Plaintiff and her insured; the case settled during jury deliberations.

Woolverton v. Evans, 1987: Represented Jacksonville architect, Bob Woolverton in this two-day jury trial involving the specificity of architectural plans. The verdict was for Woolverton, resulting in a net judgment in his favor.

Kelly v. Dependable, 1987: RV surety claim resulting in a two-day jury trial that successfully settled for the Defendant after cross-examination of the Plaintiff’s expert.

Bowden v. Chrysler, 1987: Case involving a Dodge Ram charger transmission issue. Three-day trial; plaintiff verdict for less than Offer of Judgment by Chrysler.

Burnett v. Avis, 1987, U.S. Middle District, Jacksonville: Personal injury and wrongful termination of 60-year old Avis employee, Donna Burnett. After five days at trial, Federal judge John Moore announced at 4:55 pm on Friday that he was terminating the trial because he had another trial beginning on Monday. The case settled on appeal.

Hedrick v. American Can, 1988, Putnam County: Two week trial focused on the Plaintiff’s injury and damages after a whipped cream can exploded in her hands, severing her thumb. On a clear liability case the jury gave her $71,000. It was more than 25% less than the Offer of Judgment; the net judgment was a wash.

Snodgrass v. Patterson, 1988: Personal injury verdict for Patterson over a defense that Plaintiff had stopped to watch balloon races on a bridge in violation of a Florida Statute prohibiting stopping or slowing down on a bridge.

Manning v. Chrysler, 1988: Dodge Power Wagon transmission issue tried before Eleventh Circuit Judge Dorothy Pate. The case settled favorably for the Defense after three days, following cross-examination of Plaintiff’s expert.

Travel-Plus v. ATB, 1988: US District Court for the Middle District, Jacksonville, Florida, the Honorable Howell Melton presiding. Infringement of intellectual property claim against American Express affiliate ATB. Successful verdict for Travel Plus and very favorable settlement on appeal.

Brown v. U.S Masters Swimming, 1988: First case for USA/USA Masters Swimming involving Plaintiff’s brain damage from hypoxic training techniques. Successfully obtained Final Summary Judgment on virtually all aspects of the case. The remainder settled for a fraction of the cost of defense after the conclusion of opening statements. This was one of the very first cases involving a National Governing Body (“NGB” ) for a sport. NGBs were created by an act of Congress that same year.

Harris v. Dependable Insurance, 1988: Defense of Dependable Insurance where an RV Dealer went bankrupt. Florida law requires RV dealers and manufacturers to have a surety bond by statute. Defended Dependable on claims that Plaintiff’s mobile home had leaks. Defended on the specifics of what fell under the statutory warranty created by Florida Statute chapter 320.836. Plaintiff alleged that the claims fell outside the scope of the statute. After two days of trial, prevailed on a motion for a directed verdict.

Feagle v. Cypress Truck Leasing, Inc., 1990, Duval County: Jury trial on Plaintiff’s claims pertaining to injuries that resulted from an automobile/semi-tractor accident.

Swart v. GPAC, 1990: Two-week jury trial over allegations of third party liability for criminal acts. The jury deliberated for a day and a half, at which point the judge announced he was directing a verdict for the defendants GPAC and USA Swimming but that he would still allow the jury to come back. The verdict was $430,000 but reduced by 77% based on comparative fault and the net judgment was 25% less than the Offer of Judgment. The case settled on appeal favoring USA Swimming.

Yates and INA Insurance v. Sea Ray Boats et al., 1992, Palm Beach County: Jury verdict for the Defense in a claim against Sea Ray Boats and Brunswick Boat Group over a boat fire allegedly originating behind the main distribution panel of a Sea Ray 460CV Sport Fisherman. The insurance carriers joined the Plaintiff in claiming losses on a subrogated basis. The jury found for the defense on all counts. The defense had served a six figure Offer of Judgment, which resulted in a net result in favor of Sea Ray.

Allen v. Sea Ray, 1992: Successful defense of Brunswick Boat Group in severe brain trauma leading to suicide of prominent Pensacola OB/GYN upon claims that the 240 Sea Ray had defective “non-slip” decking causing the doctor to slip and fall on the transom. Defendant preferential settlement during voir dire after doctor committed suicide and Plaintiff failed to substitute.

Rodriguez v. Chrysler Corporation, 1993, 11th Circuit Court, Dade County: Breach of Warranty Claim against Chrysler; defense verdict of zero liability on behalf of Chrysler Corporation.

Representative Trials

Pumphrey v. Chrysler Corporation, 1994, Nassau County: Fraud and Breach of Warranty Claim. Obtained a Defense verdict of zero liability on behalf of Chrysler Corporation.

Scharf v. Sea Ray, 1994: Jury verdict for the defense in a class action filed against Sea Ray Boats for defective forward bilge pumps causing loss of Sea Ray 390ECs that was filed in Jacksonville, Florida.

Bette Coe v. City Of St. Petersburg and St. Petersburg Aquatics, Inc., 1994, Pinellas County: Secured a verdict for the defense in a personal injury claim against the city of St. Petersburg and a local aquatics club.

Sewell v. Brunswick Boat and Stovall Marine, 1994, Daytona Beach: Successful defense and settlement favorable to the defense during opening statements in a jury trial before Judge Upchurch on allegations of unseaworthiness of a Sea Ray Sport Fisherman.

In re Larry the Lizard, 1994: This was a custody battle over a six foot long Iguana named “Larry”. Represented the daughter of a career diplomat who bought and raised Larry since he was just a little lizard. With much love and lettuce Larry grew to over six feet. The diplomat was assigned to an embassy in Italy and Larry couldn’t come. The daughter gave Larry to her best friend next door, including Larry’s cage. The daughter returned after two years and wanted her beloved Larry back but the best friend refused. The friend filed suit in the Circuit Court for St. Johns County (St. Augustine) Florida. Fred Buttner, now a distinguished Judge of the Circuit Court in Florida, defended the best friend in the two- day trial. The diplomat’s daughter prevailed, so Larry was to go back to the diplomat’s daughter. On the court house steps Judge Buttner and Greg were interviewed. Judge Buttner looked into the cameras and noted “it’s always the lizard that gets hurt in these custody battles…” Larry died on appeal.

Pearl v. Chrysler Corporation, 1996, Broward County Circuit Court: Breach of Warranty and Products Liability Claim. Obtained a defense verdict of zero liability on behalf of Chrysler Corporation.

Lynn H. Starratt v. Norman Hershel Wilkinson as Personal Representative of The Estate of Norman Hershel Wilkinson, Sr. And State Farm Mutual Automobile Insurance Co, 1997, Duvall County: Personal injury verdict for the Plaintiff, involved in an under-insured motor vehicle accident.

Tavia H. Weatherly v. Coggin Saturn, Inc., d/b/a Saturn of Regency, 1998: Jury verdict for the defense in a personal injury accident claim against the driver and Coggin Saturn.

Casiani v. La Cruise, 1998: Prosecution of a Moragne theory of unseaworthiness. Case settled immediately prior to trial before the U.S. District Court for Middle District sitting in admiralty.

Kabrich v. Chrysler, 1999, Pinellas County: Breach of Contract action. Plaintiff filed an action alleging that his Dodge Viper had a defective, unpaintable hood. Difficulties in obtaining discovery resulted in the trial court sending the case to the jury solely on damages. Net jury verdict was well less than 75% of last Offer of Judgment served on Plaintiff, which resulted in a net judgment in favor of Chrysler.

Stensby v. Effjohn and New Commodore Cruise Lines, 1999, US District Court for the Southern District: Secured a favorable settlement resolution for New Commodore Cruise Lines (NCCL) in a Breach of contract/admiralty case over a business plan allegedly prepared by Stensby but implemented without him by the Defendents. The co-Defendant was Effjohn (a Finnish cruise line specializing in ferries throughout Europe). NCCL settled with the Plaintiff during the second or third day of trial, but proceeded against Effjohn, resulting in a multi-million verdict.

Pitsirelos v. Chrysler Corporation, 1999, St. Lucie County: Jury verdict entered against Chrysler Corporation in this Breach of Warranty Claim. The case went up on appeal to the Florida Supreme Court which held that Florida’s Lemon Law was unconstitutional as applied. The case was settled for a nominal amount.

Pro Labor v. Chrysler Corporation, 1999, Hillsborough County: Two-day jury trial on claims that the defendant breached a service contract. Defense verdict for Chrysler Corporation based on the Plaintiff’s failure to satisfy a condition precedent of opportunity to cure. Defense verdict of zero liability on behalf of Chrysler Corporation.

In re BIP, 1999: This federal admiralty arbitration in Seattle Washington involved allegations of defective installation of a ship’s interior by BIP Ship Interiors, a Korean manufacturer of ship interior panels, on the theory that the panels were not fire proof following fire at sea. Arbitration decision in favor of BIP.

Raike v. Mowrey, 2000, Leon County: Legal Malpractice trial resulting in a successful verdict for the Plaintiff.

Plaintiff v. Mercury Marine and Brunswick, 2000: Successful defense of Mercury Marine in product liability case involving allegations of the defective design of the lower unit of a Mercury Optimax 150. Upon a demand of $15 million, the case settled for nominal value following deposition of the Plaintiff’s engineering expert, where he admitted the “break-away” outdrive could cause more accidents than it prevented.

Jabbours v. Brunswick Boat Group, 2001: Eastern District of California - Personal injury trial in which a directed verdict was entered after Plaintiff’s case-in-chief, which resulted in settlement for a nominal amount.

In re The S.S. United States, 2001: General Counsel to Marmara Marine and later, the S.S. United States Corporation - Successfully negotiated maritime liens and replevin of the “World’s Fastest Ocean Liner,” the S.S. United States from Istanbul, Turkey. The ocean liner was towed through the Marmara Straits and across the Atlantic to the Philadelphia ship yards (where she rests today) following the death of Edward A. Cantor, the real estate magnate behind the attempts to restore her to her former glory. The S.S. United States was constructed entirely of aluminum, even the piano in the main gallery, to decrease weight and give her great speed. Designed in the mid-1950’s as a means of getting combat troops to Europe in the vent of war with the Soviet Union, she entered service in 1958, just in time for the Boeing 707 to begin transatlantic service and end the era of the ocean liner. The efforts by Cantor to purchase and restore her brought reams of admiralty litigation, all of which the firm handled.

Palmetto v. Sea Ray Boats Inc., 2002, Northern District Court of Florida: Six-day trial involving allegations of unseaworthiness of a Sea Ray 440 Sundancer. Verdict for Plaintiffs and ultimately settling on appeal to the 11th Circuit.

Hollon v. Chrysler, 2002, Broward County: Secured a verdict for Chrysler in a five-day Breach of Warranty trial over claims of a defective engine in a Jeep Wrangler.

In re Brunswick Boat Group, 2003: Counsel to Azimut Boats for ABYC certification for import into the United States.

Richard C. Friedman v. Sea Ray Boats Inc., 2004: Breach of Warranty trial on a hull crack in 54-foot Sundancer. The Plaintiff asserted that the company had explicitly warranted that it would repair any hull defects but failed to do so. Verdict for Plaintiff and case ultimately settled on appeal.

In re Marine Accommodations and BIP (II), 2004, Arbitration: Moderately successful defense at federal maritime arbitration in New York City of BIP and Marine Accommodations and their carriers on claims of defective interior and damage to an 85-foot “adventure” yacht in dry dock in Mexico. The decision of the arbitrator was largely in favor of the claimant vessel owner but less than BIP/MA’s last offer.

Brecher v. Brecher, 2005, Broward County: Undue influence and Breach of Fiduciary case. Successful verdict for the defense.

Marquardt v. Daimler Chrysler Corporation, 2005, Palm Beach County: Breach of Warranty and Products Liability claim. Obtained a defense verdict of zero liability on behalf of Daimler Chrysler Corporation.

John Towers and William Towers v. Ernst & Young U.S., LLP And Ernst & Young, LLP, 2005: Three-week trial for accounting malpractice resulting in a jury verdict for the Plaintiff which later settled upon appeal.

Pagliara v. Sea Line Yachts, 2008: Filed in state court in Tennessee; served as Florida counsel as the boat was birthed in Ft. Meyers, Florida. Following a verdict in favor of the Plaintiff, assisted with the appeal after having sat “second chair” to Tennessee counsel.

Pollock v. Marriott Assisted Living, 2008, Broward County: Represented the Plaintiff during the appeal of this wrongful death claim after the original case resulted in a defense verdict.

Appleby v. USA Swimming and West Chase Country Club, 2008: Represented USA Swimming and obtained a Motion for Summary Judgment ruling in its favor. Participated in the opening days of trial against the Country Club facility, which ultimately settled before verdict.

GV Tech v. Chrysler LLC, 2009, Broward County: Breach of Warranty and Products Liability claim. Court entered a directed verdict in favor of Chrysler LLC.

Jones v. Azalea Place, 2010, Palm Beach County: Obtained a defense verdict of zero liability for Azalea Place against Plaintiff’s slip and fall claim.

Ralph R. Crabtree v. Donzi Marine, LLC, 2010: Defense of Donzi Marine on claims the bow fell off at sea in Kingfish tournament. Favorable settlement on the first day of trial.

Carson v. Chrysler LLC, 2012, Volusia County: Breach of Warranty and Lemon Law Appeal claim. Obtained a defense verdict of zero liability on behalf of Chrysler LLC.

Coultas v. General Electric et al and Schwanenberg v General Electric et al, 2012: Unanimous jury verdict for the Plaintiffs in a products liability trial lasting seven weeks and successful confidential settlements by co-defendants.

Gonzalez v. Chrysler LLC, 2012: Products liability claim against Chrysler LLC. The case ended in a hung jury and was eventually settled.