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Petros
& Elegant handles complex civil litigation matters in Florida state and
federal courts.
The firm
concentrates its practice in the following areas of the law:
Commercial
Litigation
The firm prosecutes and defends statutory and common law
business claims in state and federal court as well as before arbitration
tribunals. These cases usually
involve large sums of money and typically include one or more of the following
claims: breach of contract, fraud, fraud in the inducement, breach of fiduciary
duty, unjust enrichment, tortuous interference with business relationships
and/or contracts, and trademark infringement. The firm has been particularly successful at trial with
these cases by utilizing state of the art trial presentation technology. This technology is used in part to
present time lines on a large screen, use excerpts of deposition testimony for
impeachment of adverse witnesses and to further emphasize demonstrative
exhibits. These visual aids assist the fact finder in understanding the
evidence in order to reach a favorable decision.
Examples of the firm's
success came in the repeated defense of an international hotel
corporation and in litigation on behalf of an officer of a foreign bank who was
wrongfully terminated in violation of the Florida Statutes and her employment
contract:
- Robobar – Notably defended at
trial (obtaining a defense verdict) a multi-million dollar breach of contract
and related civil tort claims which involved hotels throughout Europe and North America brought by a manufacturer of in-room bars against international hotel corporation. (Eleventh
Jud. Cir. Case No. 93-15059 CA 24)
- M Group – Successfully defended a
multi-million dollar claim (obtained a decision for the defense with an award
of attorney's fees
and costs in arbitration) brought pursuant to St. Lucian law by an entity against an
international hotel corporation involving a resort in the Caribbean. (American Arb. Assoc. No. 50 T 168
00186 00)
- Desaad – Obtained multi-million
dollar judgment following bench trial on wrongfully terminated former
Vice-President of Venezuelan bank’s claims of statutory indemnification
pursuant to the Florida Business Corporation Act and her employment
contract. (Eleventh Jud. Cir. Case No. 01-13868-CA-11)
- Sky – Received dismissal with prejudice – following a mistrial in a civil fraud case seeking several million dollars – due to witness tampering in the courtroom during a sidebar conference on the third day of trial. In the first reported incident of its type in the United States, Plaintiff’s chief executive and Plaintiff’s chief operating officer, while he was on the witness stand, were texting each other as to the witness’s testimony. The trial court ruled this was a fraud on the court. (Eleventh Jud. Cir. Case No. 07‑32308 CA 06) (Third Dist. Case No. 3D09-2843)
Insurance Coverage
The firm has been very successful with first party insurance
claims. The firm has repeatedly
obtained coverage for losses on behalf of clients against insurers in a variety
of contexts including property damage claims and claims for life insurance
benefits. Examples of such
recoveries have come in the following contexts: vandalism causing extensive
damage to a warehouse; hurricane damage to the roof structures of a multi-unit
office park; structural damage to a condominium parking garage; and hurricane
related damage to an oceanfront home. Examples of these cases recently handled by the firm are as follows:
- Industrial Affiliates – Favorably
settled first party property insurance case involving damages to roofing
structures throughout multi-building warehouse complex damaged by Hurricane
Wilma. (Resolved pre-suit)
- Mutiny – Favorably settled first
party property insurance claim by obtaining coverage for significant structural
damages to a condominium parking garage. (Eleventh Jud. Cir. Case No. 01-1059 CA 25)
- Efthimou – Favorably settled first party insurance claim on behalf of warehouse owners
pursuant to vandalism claim. (Eleventh
Jud. Cir. Case No. 00-04494 CA 23)
Personal Injury/Wrongful Death
The firm has extensive experience litigating cases arising
from accidents. These cases
include general negligence arising from automobile accidents and plane crashes,
negligent security, premises liability, maritime and admiralty, construction
and products liability. The firm's use of trial presentation technology
has been critical to its success. The technology is frequently used to enhance demonstrative exhibits such
as x-rays and medical reports depicting injuries, to impeach witnesses using
deposition testimony and to convey the extent of suffering using day-in-the-life videos. The impact of this
technology is enormous as it allows the fact finder to visualize and understand
the extent of the subject injury or tragedy. Though the firm most frequently prosecutes these cases, our
lawyers are sometimes retained to defend parties in high stakes litigation
which is likely to go to trial. Having both successfully prosecuted and defended these cases for many
years has been invaluable to the firm and its clients. Representative cases successfully
handled by the firm are as follows:
- Federl – Obtained multi-million
dollar judgment following bench trial in federal court in maritime action for
wrongful death brought by adult children whose parents drowned following a
boating accident caused by the negligence of a boat chartering company and
other defendants in Fort Lauderdale, Florida. (S.D. Fla. Case No. 97-6834-CIV-FERGUSON)
- Charafardin – Settled trucking
accident case at mediation in which teenage boy suffered extensive facial and
bodily scarring due to the negligent operation of a commercially driven
eighteen wheeler. (Eleventh
Jud. Cir. Case No. 05-05349 CA 04)
- Fulscher – Received notable settlement in wrongful death action
brought by the mother of a young man killed in a violent collision with a flat
bed tractor trailer owned by a large corporation which unlawfully blocked a
major roadway to oncoming traffic while backing into a storage facility in
Tampa, Florida. (Thirteenth Judicial Circuit Case No. 00-09835- Div. A)
- Lam – Obtained confidential settlement for the parents of the deceased in wrongful death, products liability action brought in St. Lucie County, Florida following a single sports utility vehicle rollover accident. The accident occurred due to a defective rear tire. (S.D. Fla.)
Medical Malpractice
Since its inception, the firm has successfully handled medical
malpractice cases. This firm has
favorably settled, or tried to verdict, cases involving the negligence of the
following: obstetricians, anesthesiologists, nurse anesthetists, pediatric
geneticists, radiologists, plastic surgeons as well as countless other
physicians, medical professional associations, clinics and hospitals. The firm's
use of trial presentation technology has also been critical to its great
results in these cases. The firm's ability to digitally enhance
demonstrative exhibits such as x-rays and medical reports depicting injuries,
to impeach witnesses using deposition testimony and to convey the extent of
suffering using day-in-the-life videos has all been invaluable. Using this technology allows the fact
finder to visualize and understand the extent of the subject injury or tragedy.
Similarly, the firm has successfully handled nursing home
negligence matters and cases against other care facilities for the elderly
and developmentally disabled. These claims almost always involve neglect in the care and treatment
thereby resulting in decubitus ulcers, wandering from the facility,
malnutrition, and/or violent attacks by other residents and/or staff at the
given facility. Our lawyers have
become so familiar with the medical record keeping and policies and procedures
at these facilities that fraudulent record keeping, as evidenced by substantive
changes made in a resident's
chart long after the subject injury or tragedy, is often detected. Uncovering unlawful record changes
and/or recognizing and promptly exposing a facility's
forged documents has promptly led to the resolution of several cases.
- Orlando – Obtained a multi-million
dollar verdict (following two-week jury trial) in medical negligence action
brought on behalf of minor twins against several defendants, including a major
local hospital and obstetrician, where medical providers failed to properly
assess and treat post-operative complications following a cesarean section,
thereby resulting in the death of the twins' mother. (Eleventh Jud. Cir.
Case No. 02-32509 CA 21)
- Noriega – Received significant settlement in
nursing home negligence action against two defendants on behalf of widow of decedent
who suffered from very advanced stage decubitus ulcers which ultimately
resulted in his death. (Seventeenth Jud. Cir. Case No. 00-004103 CA 14)
- Pantrigo – Secured favorable settlement in nursing home negligence
action stemming from extended neglect which resulted in extensive bed sores,
malnutrition, dehydration and associated medical problems which ultimately
caused the death of an elderly man. (Eleventh
Jud. Cir. Case No. 97-13685 CA 06)
Appeals
The firm handles the majority of its own appeals. Our lawyers have
appeared before Florida's
District Courts of Appeal, the Supreme Court of Florida and in the federal
appellate courts, including the Eleventh Circuit Court of Appeals. Our lawyers enjoy and take pride in
their appellate writing and have achieved great results before the appellate
courts. Our lawyers bring the same
confident courtroom presence which has been so successful before the lower
courts, to its oral arguments before the various appellate panels. Cases in which the firm has prevailed on appeal are the following:
- A.G. Gladstone – Significant
verdict affirmed in action arising out of breach of joint venture agreement
entered into for purposes of multi-million dollar condo conversion of Miami
Beach hotel. (Third Dist. Case
No. 3D 04-781)
- Robobar – Defense verdict affirmed
in multi-million dollar breach of contract and related civil tort action
brought by a manufacturer of in-room bars against international hotel
corporation. (Third Dist. Case No. 3D03-1641)
- Penabad – Summary Judgment affirmed in case of alleged fraud arising from ownership and operation of the Betsy Ross Hotel on Miami Beach. (Third Dist. Case No. 3D08-1337, consolid.
3D08-1116)
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