TKO's Recent Settlements and Verdicts

Pedestrian Accident

TKO just won an $8,000,000.00 jury verdict in Miami-Dade County against Liberty Mutual Insurance Company. Our client's husband, a prominent Miami lawyer, was killed by an uninsured motorist while walking across the street. Since the at-fault driver did not have automobile insurance, our client sued its own insurance company, Liberty Mutual, seeking uninsured motorist coverage benefits under its own insurance policy. Thereafter, Liberty Mutual denied coverage and then a lawsuit was brought against Liberty Mutual for failure of its agent to procure insurance to cover a pedestrian accident. After a week-long jury trial, the jury agreed with TKO that Liberty Mutual failed to provide the insurance that our client should have had.

Automobile Negligence

TKO recently recovered $2,500,000.00 for an elderly woman involved in an automobile accident in Palm Beach County, Florida. Liability was highly contested by the Defense.

After utilizing a compelling Microsoft PowerPoint presentation and a computer-generated animation reenacting the accident scene, TKO obtained $1,750,000.00 for a woman who sustained multiple complex injuries in an automobile accident in Broward County, Florida.

Construction Site Accident - Motor Vehicle Accident

The lawyers at TKO recently won a trial where the jury's verdict was in excess of $3,600,000.00 for a man who was painting from a cherry picker (boom truck) when a landscape maintenance truck negligently drove into the base of the boom causing the man to fall approximately thirty feet onto a cement sidewalk.  As a result of the fall, the man has sustained multiple injuries, including broken bones and fractures to his neck, femur bone of his leg, ribs, scapula, pelvis and shoulder.  Because of the fractures to his leg and pelvis, he now walks with a limp and has one leg shorter than the other.  Additionally, the man has difficulty seeing, hearing, difficulty achieving an erection and suffers from frequent dizziness.  To date, he has had several surgeries and nearly two years of medical treatment and physical therapy.  The firm hired the best experts to support its case and to prove that the driver of the maintenance truck was at-fault for the accident.  Additionally, the firm utilized the latest computer technology and created a video animation to re-create the accident.  The trial lasted two weeks.  Before trial, the Plaintiff demanded the insurance company's policy limits of $1,500,000, but the Defendant only offered $50,000.00.

Construction Site Accident

The firm currently represents a man who was working on a residential condominium new construction building in downtown Miami in Miami-Dade County, Florida, when a crane malfunctioned causing it to crash into the building resulting in a large piece of concrete falling off the building and crushing the man's legs, fracturing his arm, breaking his ribs and causing moderate brain injury.   As a result of the accident, the worker has had several surgeries and been in the hospital for 3 months. The man may have to have his left leg amputated and certainly will never walk again.  The general contractor's insurance company initially refused to provide worker's compensation insurance to pay for the man's medical bills and lost wages.  TKO aggressively fought the insurance company which resulted in insurance benefits be extended to our client.  Our client is now receiving treatment from the best doctors and is also receiving money for his lost income.  TKO has filed a product liability lawsuit against the manufacturer of the crane for negligence and strict liability for designing heavy machinery that was poorly designed, negligently manufactured and unreasonably dangerous.  The firm has hired several of the best experts and is prepared to go to trial in an effort to recover as much money as possible for the man and his family.

Defective Product

TKO recovered the policy limits of $1,000,000.00 from a pharmacy for its failure to utilize childproof pill containers. Because of the pharmacy's negligence, a three year-old boy was able to open a container filled with prescription medication and ingest its entire contents. As a result, the boy suffered significant brain damage.

Wrongful Death—ATV Accident

TKO recently won a verdict of $855,000.00 for the family of a high-school girl killed as a passenger on an ATV. Liability was highly contested, but the trier of fact found in favor of TKO's client.

Jury Verdict for Woman Who Suffered Non-Surgical Herniated Discs

The lawyers at TKO have recently won a trial where the jury's verdict was in excess of $200,000.00 for young professional woman who unfortunately suffered two non-surgical herniated disks. Prior to the trial, the defendant driver's insurance company's top offer was $25,000.00. 

Wrongful Death—Bicycle Injury Accident

TKO has successfully represented the family of a deceased bicyclist who was violently struck by a drunk driver. Once TKO got involved, the insurance company quickly agreed to tender the insurance policy limits of $500,000.00.

School Bus Accident - Palm Beach County

TKO was hired by the family of a young high school student who was involved in a highly publicized school bus accident which resulted in many children sustaining serious injuries and the death of one student.  Due to the firm's experience and hard work, the firm was able to obtain a favorable monetary recovery for the girl who was physically and emotionally injured when the school bus was hit and flipped over after the bus driver ran a stop sign causing an accident with a pick-up truck.  TKO was able to prove to the school board that the bus driver failed to pay attention and was driving too fast at the time of the accident.  The girl suffered broken bones and had problems with her knees, neck and back.  She also had nightmares and suffered from deep depression from watching her close friend and fellow student die in the accident.  As a result of seeing this wrongful death, the girl sought treatment from a psychiatrist to help her with her cope with the emotional distress and trauma she suffered from witnessing the horrific event.  With the help of TKO's lawyers, the girl was able to recover a significant amount of money for this type of injury.  TKO has significant experience in representing people involved in bus accidents and other motor vehicle or car accidents.

Amusement Park Injuries

TKO has successfully litigated personal injury actions against amusement parks, theme parks and other entertainment facilities for their negligent operation of their rides, and for their negligent supervision and training of their employees which have resulted in serious personal injuries to our clients.  The firm is presently seeking to recover against a large amusement park in Hollywood, Florida, for a serious go-cart related accident that resulted in permanent knee injuries to the client.  TKO has significant experience in handling cases based upon the lack of supervision and negligent decision of amusement park rides and facilities.  Additionally, TKO is currently involved in an action against an entertainment company that unfortunately caused significant hand injuries to a young boy.  The boy was riding in a train in the street at a house party when, due to the negligence of the train’s driver, the boy’s hand was severely injured to the point that he has required multiple surgeries to repair it.  TKO is confident that these pending cases will result in settlements or verdicts of hundreds of thousands of dollars.

Man falls through roof while working and crushes foot

TKO often represents people that are hurt or injured while working on the job.  Recently, TKO was awarded $750,000.00 for a man who fell thirty feet through a roof while working.  As a result of the fall, the man's foot and ankle were crushed and he required multiple surgeries.  He was unable to work for many months and endured significant pain and suffering.  In that case, TKO sued the owner of the building and the company who invited him to work on the property for their failure to adequately warn that the roof was unsafe and in poor condition.

Product Liability - Hurricane Shutters

TKO  has represented and continues to represent people injured as a result of the negligent and defective design of metal hurricane shutters.   In those cases, TKO sued the shutter manufacturer and the home builder.  As a result of the faulty design, TKO's clients  have suffered severe injuries,  including the near amputation of a leg in one case and an arm in another each resulting in significant disability, nerve damage and loss of function.   The attorneys at TKO understand how catastrophic injuries affect people and are prepared to try cases forcing insurance companies to pay just compensation for the injuries sustained by the firm's clients.  In one of the hurricane shutter cases, the attorneys of TKO have already successfully recovered $425,000.00 for the client.

Hurricane Damage – Insurance Denials

TKO has represented many homeowners and business owners who have lost money as a result of hurricane damage to their homes or businesses.  In those cases, the firm has successfully sued insurance companies for improperly denying claims made by the firm’s insured policyholder.  When necessary, TKO will pursue bad faith claims against the insurance carriers to recover money in excess of the policy limits.  Recently, the firm has successfully litigated cases for clients against insurance companies who denied coverage for claims resulting from Hurricane Wilma.

Automobile / Car Accidents

The firm has successfully handled in excess of one thousand car accident cases where people have been injured as result of the negligence of other drivers.  The firm handles all types of automobile accidents ranging from those on highways to rural roads to private parking lots.  The injuries vary from soft tissue whiplash injuries involving neck and back pain, to neck surgery, back surgery, broken legs, broken arms, fractured bones, amputated limbs, herniated discs, crushed bones, muscle, tendon or ligament tears, to those involving spinal cord injuries resulting in people who have become paraplegic or quadriplegic.  The firm also has significant experience with cases involving head injuries, skull fractures, neurological disorders, brain damage, scarring, deformity, disability and everything in between.  The cases often involve passenger cars, tractor trailers, motorcycles, trucks, busses, vans, bicycles, pedestrians and sport utilities vehicles (SUVs). 

Minor Child Injuries

The firm has handled many cases involving injuries to minor children.  Presently, TKO represents a young toddler injured while under the care of a daycare facility for its negligence in caring for the child, negligent supervision, and negligent training of its employees.  That child suffered serious lacerations and nerve damage to his hand while at the daycare center.  TKO has recently settled a lawsuit filed on behalf of a minor girl that suffered serious and permanent burns and resultant scarring as a result of eating food that was cooked a temperature that was too hot to hold and too hot to consume.  TKO understands the nature of representing minor children and has obtained great results for children and their parents.

Premises Liability

Recently, TKO successfully sued a property owner for failing to maintain safe premises during a youth-group related function. Because of the lack of supervision, a 6-year old boy permanently lost vision in one eye when a piano fell on him. Although the settlement is confidential, the parents of the boy and the firm were very pleased with the recovery.

Premises Liability - Bed Bugs

TKO currently represents an individual who suffered injuries as a result of being bitten by bed bugs numerous times while sleeping in her hotel bed at a well known resort on Fort Lauderdale beach.  Because of the hotel’s failure to properly maintain and clean the guest rooms, the client suffered injuries that resulted in hospitalization and the need for cosmetic surgery to correct the significant scarring.

Premises Liability - Hazardous Condition Case

The firm has litigated countless claims against property owners, including landlords, shopping center owners, strip mall owners, building owners and amusement park owners,  arising out of defective and hazardous conditions on unsafe premises and construction sites that have been negligently designed, inspected, maintained or repaired.   Injuries often result from exposure to toxic mold, asbestos, carbon monoxide leaks, gas leaks and other harmful toxins, or other physical defects on properties, buildings, or parking lots containing defective steps, walkways, hand railings, escalators or elevators.  TKO is intimately familiar with applicable statutes, building codes, regulations, and other governing standards, which often are instrumental in proving liability. 

Premises Liability - Supermarket Slip & Fall

TKO was successful in obtaining a large sum of money for a woman who slipped and fell at a Publix in Broward County, Florida.  The supermarket was negligent in failing to mop up juice that had formed a puddle on the floor in the produce area.  There were no warning signs to alert the woman to be careful.  As a result of the fall, the woman broke her wrist and ankle. She also hurt her neck and back.  She was forced to wear a cast on her wrist and a boot on her ankle.  She underwent therapy with an orthopedist and chiropractor for her neck and back and even had epidural injections in her neck.  The orthopedist recommended surgery.  The woman missed 2 months of work and lost thousands of dollars in unpaid wages.  TKO proved to Publix that the liquid had been on the floor for a long enough period of time such that the supermarket's employees should have seen it.  As a result of TKO's efforts, the woman recovered in excess of $80,000.00.

Pedestrian Hit by Taxi Cab Litigation

TKO is aggressively litigating a case on behalf of a client that was violently hit by a taxi cab while he was attempting to safely walk across a street.  The unfortunate pedestrian-automobile accident resulted in serious knee, lower back, and neck injuries.   

SUV Rollover Case Against Ford Motor Company

TKO has recently filed a lawsuit in Broward County against Ford Motor Company for its failure to properly design a safe vehicle.  The firm’s clients were driving in a 1997 Ford Explorer on Alligator Alley when as a result of a tire blowout and the inadequate design of the vehicle, the vehicle lost control and flipped over numerous times.  Although some passengers were ejected from the car and badly injured, fortunately no one died.  However, the driver suffered serious injuries which resulted in her requiring a ventilator to breath and being hospitalized for several months.  The driver now has permanent injuries which prevent her from living a normal life.  TKO has secured the vehicle and hired the best experts to investigate the accident scene and to prove that Ford manufactured an automobile that had poor stability, that in the event of a tire blow out the vehicle becomes uncontrollable, and had a roof that could not stand the forces of a rollover.  TKO has significant experience with SUV rollover cases.

Wrongful Death Lawsuit Against Property Owner for Gas Leak

Presently, TKO represents a family who has filed a wrongful death lawsuit due to the unfortunate death of a woman that was caused by a carbon monoxide leak in an apartment building.  The property owner is alleged to have failed to detect the lethal gas leak due to its negligent operation and maintenance of the premises.  The loss to the family is worth millions of dollars. 

Contact a Fort Lauderdale, Miami, West Palm Beach, Fort Myers or Orlando area personal injury lawyer at TKO for a free case evaluation. Se habla español.

Underage drinker settles over paralyzing auto accident

Pre-suit Settlement: Gary Lagudi v. G.A.C. Billiards Inc., d/b/a Side Pockets Pub

Description: Liability
Settlement date: Oct. 22, 2007
Plaintiff lawyer: Jeffrey Ostrow, managing partner, Kopelowitz Ostrow, Fort Lauderdale, FL

Defense representative: Carolyn W. Spencer, an adjuster at Burlington Insurance Group, Burlington, N.C.

Details: On Aug. 7, 2007, Gary Lagudi, 19, visited Side Pockets Pub in Margate with his twin brother Anthony and an 18-year-old friend to play pool. The friend gave his driver’s license to an employee in exchange for a set of pool balls. While at the pool hall, a waitress served the three teenagers several buckets of beers. They later drank two shots of liquor each at the bar. Neither the waitress nor the bartender asked their customers for identification. The bartender also drank shots with them. After 1 a.m. — about three hours after they got to the pool hall — the friends left and got into Lagudi’s car. While traveling home, Lagudi drove off the road and crashed his car — becoming paralyzed from the neck down. His twin Anthony broke his leg. Their friend suffered minor injuries. Lagudi remains hospitalized but should be released soon. He will face an extensive rehabilitation at home. Ostrow, Lagudi’s attorney, contacted Side Pockets Pub a few days after the accident. The parties settled before a lawsuit was filed. Ostrow said he gave the pool hall and its insurance agency 20 days to settle before he filed suit after the close of their investigations.

Plaintiffs’ position: Ostrow said that Side Pockets Pub was responsible under the state’s dram shop act for serving alcohol to a minor. That statute states that an entity that “willfully and unlawfully” sells alcohol to a minor “may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.” Ostrow said if the bar carded the three teenagers, the chain of events that lead to Lagudi’s car crash could have been prevented. He said the bar never asked to see Lagudi’s identification. He said none of the three teenagers had any fake ID to show them. In addition, Ostrow said that the waitress or the bartender should have known they were underage by looking at them. He said Lagudi and his twin both look younger than they are. He added that their friend was 18 years old, and another friend who joined them for a short while but did not drink was also a teenager.

Defense position: Spencer declined to comment. According to Ostrow, Side Pockets Pub initially disputed that Lagudi and his friends visited the establishment, or that they were served alcohol there. Ostrow said none of Side Pockets’ employees volunteered the names of the people who served Lagudi and his friends. Outcome: The parties settled for $1 million, tendered by Side Pockets Pub’s insurance company, Burlington Insurance Group in Burlington, N.C.

Comments: “The value of the settlement pales in comparison to the value of his claim, but in light of the circumstances — the fact that my client was voluntarily drinking, voluntarily became intoxicated and caused the accident himself — overall the result is very positive,” Ostrow said.

This article is reprinted with permission from the Daily Business Review. © 2007 Serving South Florida