We have substantial experience litigating personal injury appeals, including accidents (automobile accidents, medical malpractice, premises liability, slip-and-fall, traumatic brain injuries), class actions, intentional torts (assault, battery, defamation, malicious prosecution), mass torts (environmental), and products liability (consumer products, medical devices, pharmaceuticals).

Our notable victories include obtaining reversal of the dismissal of a medical malpractice lawsuit because the plaintiffs’ attorney’s failure to timely file a motion to substitute the decedent’s estate due to her endocrinological condition was excusable neglect, see Sammons v. Greenfield, 270 So. 3d 534 (Fla. 2d DCA 2019), and obtaining reversal of the dismissal of a personal injury lawsuit because plaintiff’s presuit notice of claims was sufficient, see Wilson v. City of Tampa, 209 So. 3d 646 (Fla. 2d DCA 2017).

In addition to Sammons and Wilson, we have taken other personal injury appeals to oral argument, including Williams v. Mosaic Fertilizer, LLC, 889 F.3d 1239 (11th Cir. 2018) (affirming exclusion of toxicologist’s causation testimony per Daubert and owner’s valuation testimony regarding property damage in $63 million toxic tort case), Int’l Sec. Mgmt. Group, Inc. v. Rolland, No. 3D16-2793 (Fla. 3d DCA) (appeal from $4.6 million defamation judgment and cross-appeal from denial of punitive damages after 11-day jury trial), Rolland v. Int’l Sec. Mgmt. Group, Inc., No. 3D17-44 (Fla. 3d DCA) (attorney fee dispute regarding enforceability of proposals for settlement after obtaining $4.6 million judgment), Int’l Sec. Mgmt. Group, Inc. v. Bill Rolland, Inc., No. 3D17-111 (Fla. 3d DCA) (appeal from denial of costs after losing $4.6 million defamation judgment), and Horrillo v. Cook Inc., No. 14-15537 (11th Cir. 2016) (15-day medical device jury trial).

Our sample briefs include:

Initial brief and reply brief in Sammons v. Greenfield, 270 So. 3d 534 (Fla. 2d DCA 2019) (reversing dismissal of medical malpractice lawsuit because plaintiffs’ attorney’s failure to timely file a motion to substitute the decedent’s estate due to her endocrinological condition was excusable neglect);

Initial brief and reply brief in Wilson v. City of Tampa, 209 So. 3d 646 (Fla. 2d DCA 2017) (reversing dismissal of personal injury lawsuit because plaintiff’s presuit notice of claims was sufficient);

Appellant’s brief and reply brief in Williams v. Mosaic Fertilizer, LLC, 889 F.3d 1239 (11th Cir. 2018) (affirming exclusion of toxicologist’s causation testimony per Daubert and owner’s valuation testimony regarding property damage in $63 million toxic tort case);

Answer brief in ValleyCrest Landscape Maintenance, Inc. v. Justyn, No. 1D15- 2962 (Fla. 1st DCA) (personal injury appeal from $1.7 million judgment following eight-day jury trial); 

Appellant’s brief and reply brief in Bostick v. State Farm Mut. Auto. Ins. Co., 774 Fed. App’x 600 (11th Cir. 2019) (removal of juror for cause during deliberations of 11-day jury trial regarding an automobile accident that led to a traumatic brain injury).