Florida Personal Injury Litigation Triumphs
- Jet-Ski (2011) – $38 Million Dollar Jury Verdict: David Kleinberg led the charge in a 6.5 week jury trial in Palm Beach County. Two teenage girls (14 and 15 years old) drove a defective jet ski that resulted in brain injury and severe maiming of one girl and the other’s death. Mr. Kleinberg, and his team, faced an onslaught of the defense’s engineers, naval architects, human-factors experts, accident-reconstruction experts. Ultimately, Mr. Kleinberg was able to prove that our client was telling the truth and that Yamaha had ignored 20 years of notice that the particular problem at issue (known as off-throttle steering) had been causing many injuries coupled with the fact that Yamaha had the ability to fix the problem the way their competitors had instead of electing to put their profits over the well being of safety.
- Car Accident (2007) – $50 Million Dollar Jury Verdict: This case was rejected by two other firms. A drunk driver in Lakeland, Florida, crossed over to the wrong side of the road and hit our client. The son was sitting behind the father and was injured so badly that he had some grey matter seeping out of his head onto the back seat of the automobile. MRI clearly showed that part of brain was missing. He was airlifted to Lakeland Regional Hospital.Drunk driver defendant had a $10,000/$20,000 insurance policy that GEICO did not attempt to tender for six months. We know they had knowledge of the case because, after ramming into our clients, the defendant ricocheted off and hit an unrelated third-party vehicle. GEICO promptly tendered their policy limits for the property damage to the 3rd-party’s car. But our client, who is fighting for his life, does not see a dime. Insurance companies have a duty to timely investigate, evaluate, and make a decision regarding each case (3rd party got $ within thirty days). So when we got to mediation six-months later, GEICO attempted to pay their policy limits. We said: “too little, too late” and explained that we would go after them under Florida’s Bad Faith Statute. GEICO hired obstructive attorneys that attempted to use the fact that Lakeland is a “small town” insular community against us by constantly referring to “those Miami attorneys” in front of the jury. Defense tried to argue that the public school system had the resources to handle a brain damaged boy.
- Trucking Accident (2005) – $23,500,000.00 Jury Verdict: Unrelated third party slows down on I-95. Our client is behind this car and also slows down. Defendant, in a car-delivery truck, does not slow down at all and plows into our client. The truck, claiming to be an independent contractor, had a $1,000,000 policy that they tendered immediately. Most law firms would have stopped there. Client has Locked-In Syndrome. Two years of our investigation revealed that the trucker was really an employee of Manheim Auto Auctions, out of Orlando…which had a $70 Million Dollar insurance policy, which they vigorously – some would say illegally – tried to hide. Defendant tried to blame the accident on the first car that slowed down claiming that she must have stopped short…they thought they would be able to get away with this defense because the first car was driven by a Jamaican woman, who had already returned to Jamaica. NKP conducted its investigation and found the lady, who we were able to depose in Jamaica, and who confirmed that she didn’t stop short at all. Judge repeatedly admonished defense counsel for bringing expert witnesses to testify about inappropriate matters – as the defendants were attempting to cause a mistrial (which the judge offered, and which we declined).
- Lakeland Car Accident – $1.1 Million Dollar Jury Verdict: Robert Pinkiert and David Kleinberg handled a case involving a car accident in Lakeland, Florida that required our client have a rod inserted into her arm. There was only $25,000 in available coverage. However, NK&P were able to argue that that the insurance company failed to tender their policy limits within a reasonable period of time – activating Florida’s bad-faith statute. Bad-faith litigation was brought, and the case eventually settled for a confidential amount.
Florida Personal Injury Pre-Litigation Victories
- Motorcycle Accident Amputee – $1.25 Million Settlment: a motorcyclist and his wife driving down the road when the defendant car makes an illegal u-turn into our client causing the motorcycle accident injury. Ultimately, the wife’s leg was amputated. We had an accident re-constructionist at the scene within two days to determine what happened. The re-constructionist was able to prove that our client was driving within the speed limit. Ultimately, Robert Pinkiert was able to effectuate a $1.25 Million Dollar settlement within 45 days. See below for more details.
- 80 year old Century Village Amputee resident gets off a Century Village courtesy shuttle. She attempts to walk in front of the bus, when the driver, who was not paying attention, proceeded to run our client over. Ultimately her arm was amputated. The defense was centered on the shuttle driver’s statment to the effect of: “I couldn’t have seen her because my shuttle is too tall and your client was so small.” At a pre-trial statement, Robert Pinkiert was able to discern that these shuttles have mirrors designed so the driver can see objects low to the ground. Mr. Pinkiert cut out that snippet and attached it to his demand for the full policy limits which were promptly tendered. Interestingly, the client was a very religious Jew, and thankfully, she survived her Century Village injury. NK&P took great care to ensure that the woman’s arm was adequately preserved for future burial as required by Jewish law.
- Motor Scooter Accident – $575,000.00 Settlement: The plaintiff was riding a motor scooter when he was struck by a car. The resulting injury required a rod inserted into his leg. The defendant, who caused the accident, was driving a rental car and lived abroad. Luckily, Robert Pinkiert was able to masterfully negotiate a settlement without the need for prolonged litigation. Ultimately, the extremely happy plaintiff made an excellent recovery and was able to resume most of his normal activities.
- Drunk Driver Car Accident – Settled for Full $200,000.00 Policy Limits: NK&P represented a client who was driving on Halloween with her four-year old daughter, when they were stuck by a drunk driver. The car accident injury required a rod inserted into her leg. There was $200,000.00 available in insurance policy limits. Robert Pinkiert was able to settle this case, for the full amount, in a time-efficient manner and without the need for litigation.
- Off-Duty Police Officer Causes Accident – Settled for $110,000.00: An off-duty police officer caused a rear-end auto accident. The resulting auto-accident injury required the client to undergo neck surgery. Robert Pinkiert handled the insurance adjuster’s contention that our client had a pre-existing neck injury, and ultimately settled for $110,000.00 without the need for extensive litigation.
More Firm Results
SLIP AND FALL/PREMISES
- Victim Receives $832,000.00 in Javelin Competition Accident
When NK&P was hired by a 68-year old man who was speared through the face by a javelin while serving as an official in a competition, they embarked on a fact-finding mission. The defense argued the man was in the way; NK&P trial lawyer David Kleinberg presented the real story to a Palm Beach County jury, and subsequently won the case. The defendants were ordered to pay the victim $832,000.00 for his facial fractures and ensuing sinus problems.
- 12-Year Old Injured on Boat Ride Paid $1.2 Million+ by Insurance Agency
A young girl was injured on a church boat outing, but the boat owner had no insurance coverage. Since the girl’s parents refused to sue the boat owner or the church, the family’s only hope to recover any compensation for the injured child was the insurance company. Despite a clause that excluded boat accidents from coverage, and the initial denial of the claim by the insurer, David Kleinberg dissected the insurance policy in a three-inch thick analysis. His argument was so compelling that the insurance company conceded and set up an annuity that pays the girl more than $1.2 million for college and thereafter.
- NK&P Wins Slip and Fall Case Awarding Over $300,000.00 in Compensation
A 60-year old Peruvian woman went to visit a friend in a nursing home but suffered a shoulder injury when she fell. The nursing home contractor failed to place a “wet floor& warning. She incurred more than $70,000 in medical bills and had two surgical procedures. When NK&P exposed the story, the contractor paid the client $310,000.00 on the eve of the trial.
- $200,000.00 Awarded to Slip and Fall Accident at Gas Station
When a middle aged woman got out of her car to fill up at a gas station, she stepped into an area where the black asphalt meets with poured concrete. A portion of the asphalt had broken away and a small hole was left. The client suffered a fractured ankle which needed surgery. The gas station refused to accept blame. After a week of trial, the jury’s verdict ordered the gas station to pay $200,000.00.
FLORIDA MEDICAL MALPRACTICE
- In 2012, a settlement of $235,000.00 was paid as a result of a hip-replacment surgery gone wrong. Immediately after hip-replacement surgery, a Charlotte County woman in her 70’s was noted to have numbness and paralysis in the lower part of the leg. It soon became apparent that there was sciatic nerve injury. The orthopedic surgeon denied any wrongdoing and argued that the injury to the nerve is a known complication for this kind of surgery and occurs with some frequency even when the best surgeons do the best job. This left her with a permanent ‘drop foot’ condition. She was left unable to walk without an “L” shaped brace to keep her foot ‘up’. Luckily, the lady was referred to the firm, and David Kleinberg, who had prevailed at trial in prior cases involving the same type of surgery and injury, prevailed yet again.
- In 2006, a settlement of $250,000.00 against Aventura Hospital was recovered for the family of a 62-year-old man who died as a result of an untreated appendix rupture.
- In 2006, a settlement of $125,000.00 against Mercy Hospital was recovered for the family of a 65-year-old man who died as a result of an unattended mucus plug.
- NK&P Wins Highest Jury Verdict in U.S. Against a Golf Course
As the counsel in Riles vs. Bonaventure Golf Course, et al, NK&P trial lawyer Alan Neufeld obtained the highest jury verdict ever recorded in the U.S. against a golf course, for a lawsuit involving defective design. The victim was blinded in one eye by an errant golf ball, which hit him while he was working as a general contractor on a nearby house. The jury rendered a verdict against the country club for over $2.9 million, later upheld by the 4th District Court of Appeals in the amount of $3.3 million, including interest.
- See Jet-Ski $35,000,000.00 Jury Verdict Above.
- See Jet-Ski $35,000,000.00 Jury Verdict Above.
- See Ladler $50,000,000.00 Jury Verdict Above.
- See Mejia $23,500,000.00 Jury Verdict Above.
- Airline Engineer Awarded $776,000.00 by Rental Car Company for Subtle Brain Injury in Car Accident
NK&P trial partner David Kleinberg was called upon by an experienced local trial attorney to handle a case involving an airline engineer claiming a subtle brain injury. The client had been involved in a rear-end collision and received minimal treatment, incurring over $6,000 in medical expenses. Within two weeks, NK&P tried the case claiming liability causation/impact and damages. Despite the car rental company’s highly contested defense, the jury was persuaded by Kleinberg and awarded the victim $776,000.00 in damages.
- In 2002, a jury verdict of $880,000.00 was recovered for a 50-year-old woman who was struck by a vehicle and suffered traumatic Reflex Sympathetic Dystrophy (RSD), also known as Complex Regional Pain Syndrome (CRPS).
- NK&P Settles Ft.Lauderdale Motorcycle Accident for $1.25 Million in 45 Days
On New Years Eve, a husband and wife were riding on a motorcycle in Fort Lauderdale, Florida when they were struck by a vehicle. The wife sustained an above-the-knee amputation. The next day, NK&P partner Robert Pinkiert met the victims in the hospital and immediately launched an investigation using extensive computerized techniques, in-house experts, and negotiation tactics. The defendant’s insurance claimed that the limits were $300,000 policy and we suspected there was more. Robert Pinkiert discovered that the defendant had a very nice second home in Connecticut, unprotected by homestead, and wrote a letter explaining that we would seek to levy against that home – since $300,000 was not going to be enough to settle this claim. They promptly tendered the extra $1,000,000 available coverage. Mr. Pinkiert and his team forced three separate insurance companies to tender their full policy limits within 45 days.
- NK&P obtains $2 Million Dollar Jury Verdict: Robert Pinkiert and David Kleinberg handled this case involving a trucking accident that resulted in cervical/neck injuries requiring multiple surgeries. The defense attempted to argue that the truck accident never happened! Mr. Pinkiert and Mr. Kleinberg made sure that proof that the accident occurred was made crystal clear to the jury.
- See $23,500,000.00 Trucking Accident Jury Verdict above.
PLEASE NOTE THAT THE ABOVE IS ONLY A SAMPLE OF NK&P’s VICTORIES. THIS PAGE DOES NOT INCLUDE ALL OF OUR SUCCESSES NOR IS IT A GUARANTEE OF SUCCESS IN ANY FUTURE CASE WE MAY HANDLE. WITH EVERY CASE, ESPECIALLY IF LITIGATION IS REQUIRED, THERE IS ALWAYS THE RISK OF NOT OBTAINING FULL VALUE OR NOT OBTAINING ANY RECOVERY AT ALL! BE WARY OF ANY PERSONAL INJURY ATTORNEY WHO TELLS YOU OTHERWISE.