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MUTLI MILLION DOLLAR HEAD-ON COLLISION
Ronald Rosen successfully settled a case in
the amount of $2,305,000.00. Our client, a
seventeen-year-old, was a passenger in a car
that was struck head on by another vehicle.
Ron immediately settled with the driver of
the vehicle that struck our client for the
policy limits of $10,000.00, and obtained an
additional $20,000.00 under uninsured
motorist coverage from the vehicle in which
our client was a passenger. Ron then went
forward and was successful in obtaining a
settlement of an additional $2,275,000.00
from the tractor trailer driver, who by
contact forced the vehicle that hit our
client head on, across the median. There
were no witnesses to the initial impact
between the vehicle that struck our client’s
vehicle head-on and the tractor-trailer.
Through expert testimony, our firm was able
to show that the driver of the
tractor-trailer was untruthful and as a
result, we were able to collect the
additional $2,275,000.00 from the driver.
SLIP AND
FALL TRIAL VERDICT OF $1.3 MILLION AGAINST
WAL-MART
Father, Ronald Rosen, and son, Evan Rosen,
successfully tried a case against Wal-Mart
in which the jury returned a verdict in
excess of $1.3 Million, the SEVENTH LARGEST
VERDICT in Broward County for that year. A
thirty year old woman, slipped on body
shampoo that had been spilled on the tile
floor and fell backwards, slamming her head
on a shelf, causing a severe rotary
dislocation of the top two vertebrae in her
neck. After four successful surgeries, she
has returned to being a productive citizen.
The Defendant was negligent in not cleaning
up a spill properly and by not keeping the
store in a safe condition. For more
information see the fifteenth case from the
top at
www.wal-martlitigation.com/99verdic.htm
ROSEN & ROSEN OBTAINS $682,000 VERDICT
AGAINST BLOOMINGDALE'S
Following a four day Jury trial, Ronald
Rosen, Evan Rosen and Helen Farber, while
representing their client received a jury
verdict in excess of $682,733 on a trip and
fall case. Our client, an employee of Finlay
Fine Jewelers, which leases counter space
from the Bloomingdales in the Boca Town
Center Mall, fell over a cart in the
department store's storage room when the
motion-sensor lights failed to come on. She
broke her left wrist and kneecap and
underwent several surgeries.
Bloomingdales was notified of the
malfunctioning sensor several times and both
the store and regional manager had verified
the problem and did nothing to correct it.
MEDICAL NEGLIGENCE - TRAGIC LOSS
Ronald Rosen represented the family of a
26-year-old wife and mother of two children who
decided for safety reasons to have four
wisdom teeth pulled at Hollywood Memorial
Hospital rather
then at her oral surgeon’s office. The
hospital had an operating suite consisting
of eight operating rooms. At the time of the
client’s surgery a nurse anesthetist
administered the anesthesia. Unfortunately,
she had a reaction. The nurse anesthetist
improperly thought more anesthesia was
needed and administered a more powerful
sedative. The nurse was dead wrong. Our
client was instead suffering from a cardiac
problem and the nurse should have attempted
to reanimate her, rather than administer
more anesthetic. As a result of this
improper diagnosis and treatment, our
client’s blood pressure dropped
substantially requiring that she be
electrically defibrillated on four
occasions. She died two days following the
surgery leaving her husband and two children
as survivors to this catastrophic loss. The
hospital and anesthesiologist were sued. The
case went to a full trial. At the time of
the surgery the American Society of
Anesthesiologists required the presence of
an anesthesiologist in the operating room
during eight important times including
induction of anesthesia. The
anesthesiologist took the position that his
being in the operating suite, which
consisted of eight individual operating
rooms, was sufficient to satisfy the above
requirement. The jury disagreed siding with
and awarded a substantial verdict to our
clients.
AUTOMOBILE ACCIDENT: HEAD ON COLLISION
The Plaintiff claimed that the Defendant
pulled out in front of her, causing the
Defendant to lose control of his car. The
Defendant crossed onto oncoming traffic,
striking the Plaintiff head on. Three
witnesses testified as to the Plaintiff's
statement. The Plaintiff suffered three
fractures of her left leg, a fracture to the
patella of the right leg, and claimed a
heart attack as a result of the accident.
The jury awarded the Plaintiff an amount of
$97,000.00, as well as awarding the
Plaintiff's husband a derivative claim for
$25,000.00.
MEDICAL NEGLIGENCE – DENTIST
Ronald Rosen was able to effectuate a
substantial settlement in a case involving a
dentist who placed a temporary false tooth
in our client’s mouth. Our client
uncontrollably swallowed the newly implanted
tooth after it came loose while eating and
had to undergo surgery to remove it. Our
office successfully took the position that
the dentist did not properly secure
the false tooth.
RON GETS GREAT RESULTS IN A WHIPLASH CASE
Defense attorneys are notorious for
referring to ligamentous sprains and strains
as "whiplash" injuries. Unfortunately, many
so-called 'soft tissue' injuries involve
pulling, tearing, and hemorrhaging of
ligaments, tendons, and/or muscles resulting
in extreme pain and many times a permanent
injury. Ron Rosen tried a case involving a
client who had fourteen months of treatment.
The treating physician testified that our
client had a 4% permanent partial
disability. The Defense initially offered
$722.00, then at the time of the trial,
increased the offer to $2,500.00. The
Defendant admitted fault at the time of the
trial. The only issues were whether the
client had a permanent injury and, if so,
what her damages were. The Defense produced,
as they almost always do in these types of
cases, a doctor who testified that the
client did not sustain a permanent injury.
Ron argued to the jury that the Plaintiff
did in fact sustain a permanent injury and
suggested that a fair and reasonable verdict
in this case would be $35,000.00. The jury
awarded that exact amount.
AUTOMOBILE ACCIDENT: REAR-END COLLISION
The Defendant admitted liability. The
Plaintiff, a 50 year old male, was admitted
to the Broward Community Hospital after this
rear-end accident for thirty days. He was
complaining of low back pain and burning in
his right lateral thigh. The Plaintiff also
underwent a myelogram, epidermal, and lumbar
CAT Scan. All of the results returned were
interpreted as being negative. Additionally,
the Plaintiff underwent a lateral femoral
cutaneous nerve restriction to alleviate the
burning in his right thigh. The total costs
of the medical treatments were $13,000.00.
At the time of the trial, the expert
testified that in addition to the initial
EMG that was done, he did two subsequent
EMG's that were also abnormal. The Plaintiff
sustained a facet nerve impingement at the
approximate L4-5 level. In addition, the
Plaintiff claimed that he was forced to give
up a discotheque that he owned. As a result
of the injuries he sustained in the
accident, he lost approximately $10,000.00,
including lost wages. The verdict for the
Plaintiff was $35,000.00 plus an additional
$5,000.00 for the Plaintiff's wife as a
derivative claim.
WORKERS' COMPENSATION
Ronald Rosen was successful in litigating
seven final hearings hearings against Publix where our
client was injured driving a pallet jack.
The Defendant insurance company argued that
our client was playing around with the
machine while he was injured, doing
“wheelies.” Despite this, we were still able
to prove the elements of our case and
ultimately prevailed, entitling our client
to substantial workers’ compensation
benefits.
TIMING IS EVERYTHING
Ronald Rosen and associate, Diana Castrillon,
were about to commence a trial on an
automobile accident collision case on a
Monday. In a last minute tactical decision,
our firm wrote a very powerful letter to the
Defendant on that prior Thursday alleging
Bad Faith Negotiation (a separate and
distinct cause of action wherein the
plaintiff later sues the insurance company
for additional damages as a result of the
company acting in bad faith) and demanding
the Defendant to pay additional funds by
Friday at Noon. The Defendant “caved in.”
Rather than risk a Bad Faith Judgment, the
insurance company paid the amount demanded.
The leverage of seeking bad faith or
additional monies over and above the policy
limits often will allow the Plaintiff to
secure a fair and just settlement. In this
case, it allowed for our clients to obtain
an appropriate recovery for their losses
without the need to proceed with a full
trial.
HOW DO
YOU PROVE NEGLIGENCE OF A DRIVER WITHOUT A
WITNESS?
Ronald Rosen successfully settled a case for
the maximum potential insurance policy
limits of $500,000.00. In that case a young
girl, while a passenger in a car, was
tragically killed when the vehicle left the
roadway and struck a tree. The driver was
the only witness and testified that another
vehicle had cut him off the roadway. An
accident reconstruction engineer that was
hired by our firm contradicted this. He
testified that the defendant driver was
speeding and lost control of his vehicle.
The engineer based this on the damage to the
vehicle, skid and scuff marks, and other
engineering factors.
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