Great Results

"War is the remedy that our enemies have chosen, and I say let us give them all they want."
William Techumseh Sherman

GOLDENBERG V. PERKINS & MARIE CALLENDERS/TRIAL

In this Orlando case, Mr. Hightower represented Perkins Restaurants in a suit involving an alleged slip and fall where the Plaintiff claimed a severe cervical spine nerve injury and full thickness rotator cuff tear, both resulting in surgical procedures. Plaintiff was the sole proprietor of a safari/hunting business and claimed he could no longer travel to remote regions of the world in order to adequately run his business. Plaintiff incurred approximately $134,000 in medical expenses and claimed $500,000 in past and future lost wages. Plaintiff demanded approximately $1,100,000. After a week-long trial, the jury returned a DEFENSE VERDICT.

TOWNE V. MAGGIANO'S LITTLE ITALY/TRIAL

In this Hillsborough County Case, Mr. Hightower represented an Italian restaurant chain in a suit where the Plaintiff fell on green slippery water on a sidewalk and alleged that restaurant employees created the soapy stream that travelled onto that sidewalk. The sidewalk was considered "common area" that was under the control of the mall pursuant to the lease. As a result of the fall, Plaintiff suffered severe neck injury which ultimately required two neck surgeries, a shoulder surgery and a carpal tunnel release, resulting in medical bills of over $370,000. Plaintiff's vocational rehabilitation expert testified that the Plaintiff suffered a total loss of future earning capacity of over $576,000. Plaintiff's last demand before trial was $1,500.000. Settled on the third day of trial: $75,000 from restaurant and $75,000 from mall.

FICO AND CHARNI V. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC./TRIAL

In this Broward County case, Mr. Hightower represented Florida Insurance Guaranty Association, Inc. in a suit where the Plaintiffs sought just under $311,000 for damages to their home as a result of Hurricane Wilma in October 2005. Insolvent Insurance Company POE and Defendant FIGA had paid a total of $129,298.77 to the Plaintiffs based off of various inspections by three different adjusters for hurricane damage to the house. Plaintiffs hired a public adjuster who estimated that the damage incurred were over $343,055.24. At trial, both Plaintiffs, the General Contractor and Plaintiffs Engineer testified. The Defense did not call any witnesses to testify. Plaintiff sought approximately $180,000.00 for their supplemental claim under the terms of the insurance contract, as well as over $150,000.00 for attorney's fees and costs. After a weeklong trial, the jury returned DEFENSE VERDICT.

MOLLET v. ritz-carlton/trial

In this Miami-Dade case, Mr. Hightower represented The Ritz-Carlton Hotel Company in a suit where the Plaintiff, who visited Evolution Restaurant located on The Ritz-Carlton's property, stepped into an uncapped grease trap hole and fell when leaving the restaurant.  She fractured her ankle and underwent two surgeries, past medical bills totaled over $88,000.  Plaintiff asked the jury to award almost $600,000.  Plaintiff's lowest demand before trial was $402,000.  The Jury awarded the Plaintiff a total judgment of $406,039.01, of which The Ritz-Carlton was found to be only 17% liable.  Net Verdict to The Ritz-Carlton of $69,026 (after Defense Attorney's fees/costs subtracted, the Defense should be awarded a net judgment).

ELDERLY WOMAN V. ITALIAN RESTAURANT CHAIN/TRIAL

In this West Palm Beach case, Mr. Hightower and Mr. Kantor represented an Italian Restaurant in a case where the 81 year-old Plaintiff was a customer at Defendant restaurant and tripped over an alleged "kink" in the edge of an area rug on the floor.  Plaintiff was taken to the hospital and x-rays revealed complex fracture of the proximal humerus.  Plaintiff later had an MRI which showed a rotator cuff tear, resulting in surgery.  Defense argued that there was no direct evidence that the alleged "kink" is what Plaintiff tripped on and that a "kink" was not a dangerous, but rather ordinary condition of a rug.  Plaintiff asked the Jury to award $450,000.  Plaintiff's lowest demand before trial was $125,000.  A DEFENSE VERDICT was reached in just 35 minutes.

DELUCA v. Bahamas casino/trial

In this West Palm Beach case, Mr. Hightower represented Bahamas Casino in a suit where the Plaintiff was allegedly assaulted on the premises of Defendant's hotel and casino.  Plaintiff suffered broken ribs, collapsed lung, fractured wrist, TMJ injury and alleged brain injury with medical bills totaling nearly $70,000.  Plaintiff also claimed a loss of $100,000 in jewelry and $25,000 in cash.  Plaintiff asked Jury to award $2 million.  The jury returned an "advisory verdict" after case had settled.  Gross award was $174,000 resulting in a net award of $35,000 (20% of $174,000).

VANSYCKLE V. HILTON/TRIAL

In this Orlando case, Mr. Hightower represented Hilton Corporation in a suit involving an elevator fall. Plaintiff, a hairdresser, claimed she could not cut hair anymore due to a full thickness totator cuff tear. She demanded over $100,000 in lost wages. Plaintiff had rotator cuff surgery after the accident and incurred $40,000 in medical expenses. The demand was $900,000. After a week long trial, the jury returned DEFENSE VERDICT.

CARVER V. U.S. SECURITY/TRIAL

In this 2 week Sarasota county trial, Mr. Hightower represented U.S. Security in a case where Plaintiff suffered severe ankle fractures and the onset of RSD according to defense doctors. The injuries occurred when U.S. Security employee “blacked out” at the wheel, crossed the median and collided head on with Plaintiff’s vehicle.  The driver had suffered from black out spells years earlier and Plaintiff argued that this spell was foreseeable. Plaintiff’s experts testified that her past medicals exceeded $200,000 and total future economic loss was $1.8 million. Plaintiff asked the jury to award $20 million and demanded 9 million to settle. The Jury returned a DEFENSE VERDICT.

WARREN V. AVIS/TRIAL

In this West Palm Beach case, Mr. Hightower represented Avis in a suit where the alleged Plaintiff had C 3-4 Laminectomy as a result of the admitted negligence of the Avis renter. The past medicals totaled $150,000 and future medicals were estimated at $480,000. Plaintiff filed a proposal settlement for $850,000 and Avis filed one for $450,000. After a week long trial,  the jury returned a DEFENSE VERDICT finding that injuries were not related to the accident.

WASHINGTON V. MARRIOTT INTERNATIONAL/TRIAL

In this Orlando case, Mr. Hightower represented the Marriott hotel chain in a suit where Plaintiff had a lumbar discectomy and a recommended future lumbar fusion, allegedly as a result of a slip and fall on a landing ramp. The past medicals were $65,000. Marriott filed a proposal of settlement for $135,000. Plaintiff asked the jury to award $700,000. The Jury’s verdict was 50/50 liability on Plaintiff and Defendant. The net award was $37,500.

RILEY V. BURGER KING CORPORATION/TRIAL

In this Broward county (Fort Lauderdale) case, Mr. Hightower represented Burger King Corporation in a suit where Plaintiff claimed she spent a week in the hospital as a result of food poisoning from eating a bacteria infested croissant. The medical expenses were over $3,000. The jury returned a DEFENSE VERDICT.

COOK V. WASTE MANAGEMENT/TRIAL

In this Orlando case, Mr. Hightower represented Waste Management in a case wherein Plaintiff was hospitalized and underwent a cervical fusion due to two fractured vertebra as a result of a collision with a Waste Management truck. The past medicals totaled  $60,000 and the lost wage claim was over $100,000. Plaintiff asked the jury to award $750,000. The jury returned a DEFENSE VERDICT on liability.

CARROLL V. RED BARN TAVERN/TRIAL

In this Tampa Bay area case, Mr. Hightower represented an insured bar in a suit where Plaintiff was shot in the groin by a patron of the bar. The bar was sued for negligence security for this alleged “foreseeable criminal act.” After a week long trial, the jury returned a DEFENSE VERDICT.

KROJMAN V. TACO BELL/TRIAL

In this West Palm Beach case, Mr. Hightower represented Taco Bell in a case where Plaintiff claimed she tripped and fell on a defective parking stop and sustained three fractured ribs and knee surgery. The past medical expenses totaled $60,000. Taco Bell admitted negligence and filed proposal of settlement for $25,000. The jury returned a verdict of only $7,000.

SANCHEZ V. UNION AMERICAN INSURANCE/TRIAL

In this Miami-Dade case, Mr. Hightower defended a insurance company from a bad faith case. In the prior underlying case the auto accident jury awarded $400,000 against an insured with only a $10,000 insurance policy. After a week long bad faith trial. The jury returned a DEFENSE VERDICT finding no bad faith.

ESTATE OF DOE V. INSURED DRIVER

In this Florida Panhandle case, Mr. Hightower represented an insured driver whose van collided with the rear of Plaintiff’s motorcycle killing him. Plaintiff’s demand was $1 million dollars going into trial and Defense offer was $175,000. The case settled on second day of trial for $227,000.

MCAMIS V. YELLOW ROADWAY CORP/TRIAL

In this Palm Beach county case, Mr. Hightower represented an 18 wheeler semi driver who rear ended Plaintiff and allegedly caused her to have a lumbar discectomy with fusion. The past medicals totaled $93,000. Liability was admitted and the case was defended on causation. Plaintiff asked the jury to award $500,000. The jury returned a verdict of $10,000.

VIDMAR V. BUDGET RENTAL A CAR/TRIAL

In this Miami-Dade county trial, Mr. Hightower represented Budget Rent a Car as a result of an accident in which its renter had rear ended  Plaintiff. Plaintiff allegedly suffered a shoulder fracture and incurred $25,000 in medical expenses. Plaintiff demanded $250,000. The jury found Plaintiff 50% responsible for the accident and the net award was $520.

AVAKIAN V. BURGER KING CORPORATION/TRIAL

In this Broward county (Fort Lauderdale) trial, Mr. Hightower represented Burger King Corporation in a negligent security case where Plaintiff was robbed while inside the restaurant. Plaintiff suffered a fractured hip, herniated disc, and carpal tunnel in wrist. Plaintiff’s economist testified that he had incurred $364,000 in total economic loss. Plaintiff demanded $800,000 to settle the case. After a week long trial, the jury returned a verdict of $47,000.

O’REILLY VS. GENERAL RENT A CAR/TRIAL

In this Broward county (Fort Lauderdale) trial, the 38 year old Plaintiff had pre-existing paraplegia and claimed the onset of quadriplegia as a result of the rear-end collision from the General Rent-a-Car renter. Plaintiff demanded 5 million to settle. Defendant admitted negligence but defended the case causation. After a two week trial, the jury returned a DEFENSE VERDICT.

IRIZZARY V. WASTE MANAGEMENT/TRIAL

In this Brevard County trial, Plaintiff allegedly suffered severe neck injury as a result of a Waste Management truck backing into his vehicle. Plaintiff required a 3 level cervical fusion and past medical expenses totaled $115,000. Plaintiff demanded $500,000 to settle the case and Defendant offered $200,000 to settle. After a 1 week trial, the jury returned a verdict of $56,000.

JANE DOE V. COMMERCIAL PROPERTY INSURER

In this Palm Beach county trial, Mr. Hightower represented an insurer of a commercial property where Plaintiff claimed she tripped over a defective expansion joint in the parking garage. Plaintiff was taken by ambulance to the hospital with a fractured kneecap. Plaintiff’s surgeon performed open reduction, internal fixation, and knee replacement. Plaintiff was diagnosed with RSD. Plaintiff needed 2 more surgeries to the knee and at time of trial, past medical expenses totaled $130,000. Plaintiff’s vocational rehab expert testified that Plaintiff could not work for and was unemployable with a lost wage claim of $300,000. Plaintiff demanded $1.3 million to settle. On fourth day of trial, the case settled for $105,000.

LANDRY V. MARRIOTT INT’L/TRIAL

In this southwest Florida Collier county case, Mr. Hightower represented Marriott in a case where Plaintiff fell and sustained a complex wrist fracture as a result of a defective fence. Plaintiff’s premises liability expert testified that the fence was “unsound for someone to lean against” and violated Naples Municipal Codes. Plaintiff demanded $250,000 after a week long trial, the jury found 50/50 negligence and the net award was $24,000.

CRUMBY V. SYSCO FOOD SERVICE/DISMISSAL

In this Duval county (Jacksonville) case, Mr. Hightower represented Sysco in case stemming from a tractor-trailer crash wherein Plaintiff claimed herniated discs at C4/5 and L3/4. The defense admitted fault. Medical expenses totaled $17,000 and Plaintiff claimed no prior injuries to neck or back. After discovery revealed that Plaintiff had extensive prior injuries to neck and back, Mr. Hightower filed Motion to Dismiss for fraud, which was granted by the Court.

RODGERS V. AFTERSCHOOL PROGRAMS/TRIAL

In this Broward county case, Hightower & Partners Partners defended a child-care center from a wrongful death case wherein a child died from a brain aneurism. Allegations were that Plaintiff’s child had obvious symptoms of a major medical problem and the center waited hours before calling for EMT. Plaintiff also alleged negligent training and supervision of Defendant’s employees. Plaintiff demanded $500,000 to settle the case and asked the jury to award 1.5 million. The jury returned a DEFENSE VERDICT.

REED V. CROBAR NIGHTCLUB/TRIAL

In this Miami-Dade county case, Hightower & Partners defended the second largest club on South Beach against allegations of “dangerous condition” of in the dancing area. Plaintiff climbed up on dance platform and fell off side severely injuring knee. The past medicals were $50,000 and Plaintiff asked jury to award $500,000. The jury returned a DEFENSE VERDICT.

BLACK V. R.J. GATORS/TRIAL

In this Port St. Lucie county case, Hightower & Partners defended a local restaurant when a child fell off a high table in the bar area and severely injured his kidney and renal artery. Plaintiff claimed that the table was defective and constituted a known dangerous condition. Plaintiff demanded $250,000 to settle. The jury returned a DEFENSE VERDICT.

DELUCA V. ROYAL OASIS CASINO/TRIAL

In this Palm Beach county case, Hightower & Partners defended a casino located in the Bahamas after a guest was severely injured in a “room invasion” type robbery. Plaintiff had to be transported to the United States for emergency surgery with life threatening injuries. Plaintiff demanded $2.5 million to settle this negligence security case against the casino. In a bifurcated trial, the jury found fabre defendant 50% liable; Plaintiff 30% liable, and the casino only 20% liable.

FAMILY OF THREE V. TRUCKING COMPANY AND DRIVER/SETTLEMENT

In this Collier County case, Mr. Franqui represented a local trucking company in a rollover motor vehicle accident, in which Plaintiffs, a family of three including a minor son, sued for multiple bodily injuries and reduced lifetime earning capacity.  The initial demand was $1.8 million.  The case was settled after the first day of trial for $184,700.

MINOR PLAINTIFF V. CHILD CARE CENTER/SETTLEMENT

In this Miami Dade County case, Mr. Franqui represented a day care center where it was alleged that the minor child Plaintiff sustained a closed head brain injury while on the premise’s playground.  Plaintiffs demanded $300,000, alleging negligent supervision of the minor as well as that the day care’s facility was not up to county code.  The case was settled for $75,000 on the eve of trial.

FORMER POLICE OFFICER V. RESTAURANT FRANCHISEE/SETTLEMENT

In this Miami Dade County matter, Mr. Franqui represented a restaurant franchisee in a case where Plaintiff, a police officer, claimed that she sustained severe injuries to her right wrist, right knee and back following a slip and fall accident, which occurred during the early morning hours in the women’s restroom at the restaurant.  She made an initial demand of $250,000, maintaining that her injuries forced her off of the police force. The case was initially tried, until a juror caused a mistrial, and was settled at mediation prior to the second trial for $100,000.

ELDERLY LADY V. NATIONAL BURGER CHAIN& ELDERLY LADY/SETTLEMENT

In this Miami Dade County matter, Mr. Franqui represented a national hamburger chain in a lawsuit in which an elderly Plaintiff was injured in a car accident with another elderly lady turning into the parking lot. Plaintiff’s vehicle overturned and her dominant hand was grinded between the asphalt and her vehicle, causing a de-gloving injury. Plaintiff sued the hamburger chain under a negligent design and maintenance of the premises theory, maintaining that the driveway was not up to county code.  Plaintiff demanded $5,000,000 to settle at mediation. The matter settled for $200,000 on the third day of trial.

FIREMAN V. BOOT MANUFACTURER/SETTLEMENT

In this Miami Dade County matter, Mr. Franqui represented a boot manufacturer in this product liability action wherein Plaintiff, a fireman, alleged injury from defectively designed and/or manufactured boots. Plaintiff demanded $650,000 to settle. The matter was settled prior to trial for $52,500.

MINOR CHILD V. ARCADE MACHINE MANUFACTURER/SETTLEMENT

In this Broward County matter, Mr. Franqui represented a manufacturer of video arcade machines in a case where the minor Plaintiff was injured when an arcade machine fell on top of him at a restaurant causing an alleged exacerbation of a pre-existing closed head brain injury. Plaintiff demanded the policy limits of $2,000,000. The case was settled shortly after suit was filed for $95,000.

CONSTRUCTION WORKER V. NATION-WIDE CONSTRUCTION EQUIPMENT RENTAL COMPANY/SETTLEMENT

In this Miami Dade County action, Mr. Franqui represented a nation-wide construction equipment rental company, in a lawsuit brought by Plaintiff, a construction worker who suffered a closed fracture of lumbar vertebra and alleged additional back injuries in a construction accident. In addition, to his alleged injuries Plaintiff was claiming approximately $62,000 in Lost Wages/Future Earnings Capacity. Plaintiff demanded $250,000. The case was settled shortly after mediation for $65,000.

SIMMONS V. BUDGET RENT A TRUCK/TRIAL

Ms. Wilhelm represented Budget Rent A Truck in a week long liability trial. In this Orange County case,  Plaintiff made a left hand turn in front of Defendant driver/renter.  Plaintiff alleged that Defendant driver/renter was speeding at the time collision.  As a result of the collision, Plaintiff suffered a brain injury.  During the week long Trial, extensive accident reconstruction testimony was presented by both Plaintiff and Defendant. The jury returned a verdict finding Plaintiff 93% responsible in causing the accident.