Verdicts and Settlements *
"The following verdicts and settlements are provided for informational purposes only, and are presented to give an indication of the types of cases I have been involved with. It should be noted that no matter what the outcome of a case, these are real families who have suffered tremendous losses and pain, and I will always consider it an honor to have had the opportunity to assist them by way of my professional representation."
Ralph M. Guito, III
Doe, Jane v. Doctor1, Doctor2, et al.
Medical Malpractice, August
Settlement
Plaintiff, Estate of Decedent, filed suit against Doctor1, Doctor2 and Physician Group, defendants, for alleged professional negligence prescribing amiodarone antiarrythmic drug to decedent without following manufacturer's warnings and instructions requiring baseline and follow-up testing for occurrence of amiodarone-induced pulmonary fibrosis (amiodarone toxicity). In addition, Defendants were alleged to have prescribed the drug for decedent's atrial fibrillation "off label", and not in accordance with the manufacturer's and FDA approved uses, namely ventricular tachycardia, and hemodynamically unstable ventricular arrhythmia. Decedent exhibited symptons of amiodarone toxicity throughout the course of treatment, and it was alleged that the defendants failed to recognize the symptoms of amiodarone toxicity, and take appropriate action. Decedent died of amiodarone-induced pulmonary fibrosis, leaving behind his wife of 30 years, and two adult daughters.
Roe, John v Doe, Joe, et al.
Personal Injury, Motorcyle, July 2007
Settlement: $410,000.00
Plaintiff suffered head injuries caused by falling from his motorcycle after striking a cow on a rural road. The cow's owner had failed to properly repair the fence holding his cattle, allowing the cow to roam on the rural road.
Miller v. Columbus McKinnon, et al
Products Liability, State Court, March 2006
Pre-Trial Settlement $1.2 million.
Plaintiff suffered right foot crushing injuries and ultimate partial amputation when 2000 pound mold fell out of hoist system during mold change-out operation on brick paver manufacturing machine. Strict liability and negligent design claims were brought against manufacturer of paver plant machine, mold manufacturer, hoist & hook manufacturer, and hoist supplier.
Silva v. Casa Herrera, et a
Products Liability, State Court, February 2006
Pre-Trial Settlement $1.5 million.
Plaintiff suffered digit amputation and crushing injuries to left hand as a result of unexpected start up and entrapment of hand in rotating gears of tortilla chip manufacturing machine. Strict liability and negligence claims were brought against machine manufacturer for defective design, and claims based in intentional tort were brought against Plaintiff's employer for failure to train, failure to warn, failure to implement lock/out tag/out protocols, among other willful conduct.
Seyer v. Withlacoochee Electric Cooperative, Inc.
Utility Negligence, State Court, Pasco County, January 2005
Jury Verdict: $3 million.
Thirty five year old graphic sign artist was fatally electrocuted when he contacted a utility pole guy wire anchored to the ground. The guy wire was caused to be electrified as a result of too much slack in the wire. He is survived by his parents, and had no wife or children. The parents sued the electric cooperative, alleging negligent installation of the guy wire. A jury awarded plaintiffs $3 million for the mental pain and anguish suffered by the parents for the loss of their adult son.
Doe v. Roe
Products Liability, Pleasant Hill, Metropolis
Pre-trial Settlement: $3.8 million
Gasoline geysers and erupts from gas tank on equipment spraying operator with fuel, igniting and burning operator to death. Defective design of fuel tank in close proximity to exhaust manifold caused fuel to boil in tank and geyser onto operator upon removal of defective gas cap. Other defects included failure to shield manifold, fuel tank, failure to warn.
General Contractor v. Roe Insurance Co., Doe Insurance Co., & Moe Insurance Co.
Defective Construction, State Court, December 2006
Pre-Trial Settlement: $750,000.00
General Contractor was contracted to build a large apartment complex in Florida. As a result of defective workmanship performed by one of its roofing subcontractors, various roof leaks began to manifest on the property causing serious damage to walls, carpeting and other structures. General Contractor was required by Owner to correct the problem at substantial cost and made a claim to each of its Commercial General Liability insurance carriers that had provided insurance coverage over the three year period of time the leaks manifested themselves. All of the insurance carriers denied coverage to General Contractor for the loss, claiming that certain exclusion language in their policies prevented coverage. Mr. Guito filed suit against all three insurance companies claiming that certain exceptions existed in the policy language that permitted coverage. The case was settled following mediation.
Mr. & Mrs. Doe v. Doe Lawn Mower Manufacturing
Products Liability, Federal Court, March 2005
Pre-Trial Settlement: $1.8 Million
Mr. Doe was rendered an incomplete quadriplegic after an alleged unexpected transmission engagement, and subsequent fall off an embankment, after restart of his self-propelled lawn mower. The case was set for trial in federal court in a state that follows pure contributory negligence. The manufacturer alleged that the Plaintiff was too close to the embankment causing the fall and subsequent injury. That matter settled for $1.8 million following mediation.
Estate of Decedent v. Auto Manufacturer, Air Bag Systems Manufacturer
Products Liability, State Court, March 2002
Resolved Without Trial
Estate of Decedent filed suit against Auto Manufacturer and Air Bag Systems Manufacturer for failure of a side impact airbag. Decedent was struck T-bone style on the driver side by a medium pickup truck along the B-pillar of the vehicle. As a result of the collision, the B-pillar deformed, allowing the roof and rocker panel of the vehicle to translate toward each other. As a result of the translation of the rocker panel upward, the side impact airbag sensor was shielded and was prevented from being activated. Manufacturer utilized a pyrotechnic air bag sensor requiring direct strike from a colliding vehicle. Plaintiff alleged that side impact airbag sensor and location was designed for car-on-car impact, not Light Truck Vehicles (LTV's) or truck impacts, and presented proffer that 1/3 of all vehicles in the United States are LTV, and hence side impact airbag sensor and system would fail under similar impacts with LTV's.
Ms. Jane Roe Doe v. F & G Winery, Inc.
Products Liability
Champagne cork spontaneously ejects striking 34 year old bartender causing loss of vision in right eye. Champagne cork defectively designed. Discovery revealed pre-accident design changes to cork would have prevented ejection under given circumstances. Undisclosed settlement during discovery phase of litigation. Lead trial attorney.
Ms. Roe v. F & G Winery, Inc.
Products Liability
Pre-Trial Settlement
Champagne cork spontaneously ejects striking 55 year old woman, causing loss of vision in right eye, and traumatic cataract surgeries. Champagne cork defectively designed. Discovery revealed pre-accident design changes to cork would have prevented ejection under given circumstances. Undisclosed settlement during discovery phase of litigation. Lead trial attorney.
Jane Doe, a minor v. Montgomery Kone Eelevator
Products Liability, State Court, 1998
Pre-Trial Settlement
Finger amputation on 14 month old child caused by defectively designed escalator. Design issues include excessive gaps between steps, dangerous cleat design on step treads, improper materials selection on walk-on plate. Set for trial in January 1998. Lead trial attorney.
Joe Pedestrian v. Doe Driver
Automobile Pedestrian, Pinellas County Court, Criminal 1997
Bench Trial Verdict: $3,432,278.29
Doe Driver was intoxicated and struck Joe Pedestrian with his Ford 150 truck. Thinking he struck a branch, Driver continued driving home another 300 feet with Pedestrian trapped underneath his truck. Pedestrian was dislodged when his head struck a speed bump, causing significant brain injuries. Driver was arrested and charged with DUI causing serious injuries and leaving the scene of an accident with serious injuries. As part of his criminal plea agreement, Driver plead no contest and restitution was ordered to be paid to the victim, Pedestrian in an amount to be determined. Pedestrian offered to accept the limits of Doe Driver's insurance policy in exchange for waiving his rights to compensation through the criminal restitution, but Driver's insurance company refused, exposing Driver to a restitution judgment. Driver proceeded to a restitution hearing and was awarded $3,432,278.29 in civil damages. Pedestrian ultimately settled with Driver's insurance carrier in a confidential amount exceeding the policy limits.
Other notable cases Mr. Guito had the honor of assisting with other attorneys:
Four year old child rendered quadriplegic during foreseeable automobile collision. Defectively designed spare tire restraint system in trunk of car allows spare tire to strike back of rear seat, causing severe spinal injuries to seat-belted child. Also, defectively designed trunk containment barrier between passenger compartment and trunk area.
Hydraulic line on forklift severed during foreseeable maintenance procedure allowing raised mast to fall and amputate Plaintiff’s arm. Improper warning and instruction.
Unmanned front end loader shifts from neutral to reverse, killing Plaintiff standing behind it. Improper materials selection in critical piece of transmission component permitted excessive wear, and allowed transmission to move from neutral to reverse under vibration caused by running engine.
* The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. Ralph M. Guito, III, Esq., was a Lead Trial counsel for all cases listed above. Some of the verdicts and settlements may have been received in conjunction with the talents and assistance of other law firms, attorneys or firms to which Mr. Guito was associated or employed at the time, and to which Mr. Guito extends his gratitude. E-mail us for a list of all attorneys and firms that assisted in any of these cases. See Terms of Use. Copyright 2007-08, Ralph M. Guito, III, P.A.. All Rights Reserved.
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