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Disabled Painter Awarded Million Jury Verdict

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Disabled Painter Awarded Million Jury Verdict Powered By Docstoc
					                    Mitchell Panter Receives Lawyer of the Year Award
                                                          in Dade County, which is          in successfully running a Mock
                                 P   anter & Panter is
                                     proud to
                                 announce that
                                                          designed to provide support for
                                                          the law education programs in
                                                                                            Trial Program which enlists
                                                                                            over 100 lawyers to coach,
                                 Mitchell Panter was      Dade’s Public Schools.            judge and participate in a
                                 recently honored by                                        Mock Trial where High School
                                 The Florida Law             Mitchell Panter has been       students serve as lawyers and         A Publication by Panter & Panter For Our Clients, Friends and Colleagues.                                Summer/Fall, 1995
                                 Related Education        the Chairman of the Mock          participants in a live trial. The
                                 Association as the       Trial Committee for the Dade      winning team goes on to the
                                 Lawyer of the Year.      County Bar Association Young      State Competition and the                               Disabled Painter Awarded $1.7                                             Brett Panter’s
                                 Mitchell Panter is the
                                 Vice President of the
                                                          Lawyers Section for several
                                                          years. In this role, Mitchell
                                                                                            National Competition which is
                                                                                            held in different locations                             Million Jury Verdict                                                      Commitment
Mitchell Panter                  Friends of Law           Panter works with over 20 of      throughout the country.                                                                                                           to Client
                                 Education Foundation     Dade County’s High Schools
                                                                                                                                                                                           the lift. Panter & Panter con-     Representation
                       FYI Corner—In An Automobile Accident-Here’s What To Do                                                                                           I
                                                                                                                                                                 n June, 1992 a
                                                                                                                                                                 Dade Circuit
                                                                                                                                                               Court jury awarded
                                                                                                                                                                                           vinced the jury to hold the
                                                                                                                                                                                           leasing company responsible
                                                                                                                                                                                                                              beyond The
                         1. Call the police. Always get a police            the cars involved in this accident, the acci-                                      Jose Perez $1.7             for the defective nature of the    Courtroom
                                                                                                                                                               Million after a five        lift which consisted of a chain
                       report to document the accident. The police          dent scene and any damages sustained by
                                                                                                                                                               day trial against           which was 10 inches too low,
                       are trained to determine fault, liability,           you. Bruises heal and are best documented                                                                      which failed to prevent Jose
                                                                                                                                                               American Aerial
                       damages and to properly document the                 immediately. Photographs are a quick, easy                                                                     from falling and shattering his
                                                                                                                                                               Lift, an equipment
                       accident for future reference.
                         2. Obtain as much information as possi-
                                                                            and cost efficient way to assist others in
                                                                            evaluating your case. A picture is worth a
                                                                            thousand words.
                                                                                                                                                               leasing company.
                                                                                                                                                               Jose Perez fell 15
                                                                                                                                                                                           knees.
                                                                                                                                                                                               The Appellate Courts have
                                                                                                                                                                                                                                                   B    rett
                                                                                                                                                                                                                                                        Panter is
                                                                                                                                                                                                                                                    going to New
                       ble. Find out the complete name, address,                                                                                               feet and landed on          agreed with Panter & Panter                              York City this
                       telephone number, insurance coverage and               4. Tell the truth, tell the truth, tell the                                      his knees, shatter-         and held that the leasing
                                                                                                                                Jose Perez                                                                                                          summer to
                       other important information from the negli-          truth! Anything you tell your attorney is                                          ing his legs and            company was responsible for                              record sever-
                       gent driver. Get a copy of the Short Form            protected by the attorney client privilege.                             destroying his life.                   putting a defective product                              al of his suc-
                       Police Report or other documentation                 Generally, lies and/or mistruths come back                                                                     into the stream of commerce.                             cessful clos-
                                                                                                                                                       Jose Perez was brought to                                              Brett Panter
                       regarding the Police Case Number from the            to haunt you. Always tell your attorney the                                                                        In the Florida Supreme                               ing arguments
                                                                                                                                                    Panter & Panter, P.A.,by his
                       investigating officer.                               truth and nothing but the truth. It is always                                                                  Court, Panter & Panter con-        which will become part of the
                                                                                                                                                    worker’s compensation
                                                                            easier to deal with bad news when you                                   lawyer, Peter Capua.                   tinued this line of argument       Million Dollar Argument Series
                         3. Take pictures. Take photographs of              know it is coming.                                                                                             and requested that the Court       produced and published by the
                                                                                                                                                       Panter & Panter took this
                                                                                                                                                    case with attorney Capua from          hold the leasing company           Professional Techniques Library.
                                  “ L e t o u r fa m i l y h e l p yo u a n d yo u r fa m i l y.”                                                   the jury verdict to the Florida        solely responsible for their       Mr. Panter will be recording an
                                                                                                                                                    Supreme Court where the case           negligence in placing a defec-     argument that he made in a case
                                                                                                                                                    was argued in August, 1994.            tive product into the stream       brought by him against Alamo
                                                                                                               Bulk Rate                                                                   of commerce without regard         Rent-A-Car where he represented
                                                                                                                                                       American Aerial Lift argued         for the safety and well being      the estates and families of two
                                                                                                              U.S. Postage
                                                                                                                  PAID
                                                                                                                                                    that they were just a leasing          of Jose Perez. A decision          English sailors that were killed and
                                                                                                              The Mail Man                          company and not responsible            from the Supreme Court is          another sailor who was injured
                                                                                                                                                    for the defective condition of         still pending.                     when the Alamo Rent-A-Car that
                PANTER BUILDING                                                                                Car-Rt-Sort
6950 NORTH KENDALL DRIVE • MIAMI, FLORIDA 33156                                                                                                                                                At Panter & Panter we          they were driving crashed into a
                                                                                                                                                                                           strongly believe in the legal      canal on Alligator Alley. In that
                                                                                                                                                                                           system and will pursue our         case through the efforts of Brett
                                                                                                                                                                                           cases for our clients through      Panter, the jury rendered a ver-
                                                                                                                                                                                           all legal channels. This case is   dict in the amount of $7.7 Million
                                                                                                                                                                                           a prime example of our com-        Dollars.
                                                                                                                                                                                           mitment to our clients and our         Brett Panter will also be
                                                                                                                                                    PANTER BUILDING
                                                                                                                                    6950 NORTH KENDALL DRIVE • MIAMI, FLORIDA 33156        community to ensure that the       recording his argument in the
                                                                                                                                                 (CORNER   OF   KENDALL & US 1)
                                                                                                                                                                                           responsible parties are held       Jose Perez v. American Aerial
                                                                                                                                   TELEPHONE: (305) 662-6178 • TOLL FREE: (800) 593-6178
                                                                                                                                                    FAX: (305) 662-9472                    accountable for their actions.     Lift case. In the Perez case a
                                                                                                                                                                                                                                               Continued on Page 2
            Wrongful Death Recovery                                                                                    Slip & Fall Recovery
                                                  on the highway during a mul-       never be able to have her
            R   obert West was killed in a
                tragic car accident in October
                            of 1992. Robert
                                                  timillion dollar construction
                                                  project. It was proven that
                                                                                     husband’s love and compan-
                                                                                     ionship again, however, with      M     ildred Poppell is a 64 year
                                                                                                                             old woman who went to
                                                                                                                                                             practitioner in Homestead.
                                                                                                                                                             Mr. Maas called Panter &
                                                                                                                                                                                              was also interviewed and
                                                                                                                                                                                              video-taped for use at trial to
                            was driving his       DOT had a contract which           the help of her attorneys she     eat at Ruby Tuesday Restaurant        Panter, to handle what started   explain the pain and suffering
                            car south on I-95     required all of the various        was able to receive compen-       at the Dadeland Mall on June 8,       off as a simple slip and fall    that Mildred went through
                            when he ran into      parties to maintain 90% illu-      sation which will provide         1992. When Mildred Poppell was        case which became a very         following this accident. Panter
                            the rear of a com-    mination of the project, which     financial assistance and secu-    leaving Ruby Tuesday she              complicated case against many    & Panter worked with the
                            pletely disabled      included the area where the        rity to her.                      slipped and fell in front of the      defendants. Panter & Panter,     best available expert witnesses
                            car which had         accident occurred. Through                                           Ruby Tuesday’s door on the tile.      P.A., brought suit against the   to prove their case, including
                            stalled on I-95 in    discovery Panter & Panter                                                Through the efforts of            following defendants, Haley      the Editor of the South Florida
                            the southbound        produced evidence from the          Panter & Panter                  Panter & Panter and experts           Construction, Dadeland Mall,     Building Code, a prominent
                            lane in front of      homicide investigator and           And Our                          working with them it was              Ruby Tuesday, Interplan          architect and the president of
                            him. Rose West,       other witnesses that all of the     Community                        discovered that the reason            Architects, and Sherrick         a large construction company.
                            the wife of Robert    lights in the subject area were                                      Mildred fell was because the          Construction.                       After getting the case ready
                            West sought the       out on the night of the crash.                                       slope at the exit of the Ruby            Mildred Poppell suffered a    for trial, Panter & Panter was
                            help of her family
                            attorney, Alan
                                                  While Mr. West was proceed-
                                                  ing southbound on I-95 he
                                                                                      P   anter & Panter is a
                                                                                          proud sponsor of KIDS
                                                                                      CLUB. KIDS CLUB is part
                                                                                                                       Tuesday was designed and
                                                                                                                       built in violation of the South
                                                                                                                                                             fractured left wrist and
                                                                                                                                                             developed reflex sympathetic
                                                                                                                                                                                              able to resolve the claim for
                                                                                                                                                                                              Mildred Poppell. Mildred
                            Saslaw. Mr. Saslaw    could not see that the Vega                                          Florida Building Code                 dystrophy and carpel tunnel      Poppell received the compen-
Rose West                                                                             of the Dade County Bar
                            came to Panter &      car was broken down.                                                 Handicap Accessibility                syndrome as a result of the      sation that she was entitled to
                                                                                      Association Young Lawyers
            Panter to combine his efforts         Because of the darkness this                                         Provisions. The slope was             wrist fracture.                  and she is among one of the
                                                                                      Section involvement in our
            with them in what turned out to       crash occurred and Mr. West                                          also in violation of the con-                                          many satisfied clients who
                                                                                      community with foster                                                     Panter & Panter flew to
            be a very complicated liability       was killed.                                                          struction plans prepared by                                            have had Panter & Panter,
                                                                                      children. KIDS CLUB has                                                North Carolina to take the
            case. It was determined that the                                                                           the defendant architect.                                               P.A., represent them.
                                                      Mr. West left behind his        sponsored several success-                                             video-taped depositions of
            disabled car, owned by Eugenia
                                                  wife Rose West and a 24 year        ful outings going to such            After this incident, Mildred      Mildred’s doctors who cared
            Vega was uninsured. A lawsuit
                                                  old son.                            places as Metrozoo, the          went to her family lawyer, John       for her after her injury while
            was filed against the following
                                                      Panter & Panter, P.A.,          Actor’s Playhouse, the           Maas with the Law Firm of             she was recuperating with        (Mildred Poppell has requested that the amount of
            defendants, Dayco-Astaldi
                                                  worked with numerous expert         Miami Museum of Science          Hellman & Maas, a prominent           her family. Mildred’s family     her settlement be confidential.)
            Construction Company, Morrison
                                                  witnesses in this case including    and the Grand Finale trip
            Knudsen Corporation, Quality
                                                  an accident reconstruction          to Disney World.
            Electric Contracting, Inc., Florida
            Department of Transportation          expert, a human factors expert,        Panter & Panter is
            (FDOT), Stuckey’s Land                and several illumination experts    proud of our involvement
            Development and Florida Power                                             with this wonderful organi-
            & Light Company.
                                                      After conducting a mock
                                                  trial and preparing for trial
                                                                                      zation established and
                                                                                      designed to help children
                                                                                                                       Broward Jury Awards Malpractice Victim $500,000
               Each of these defendants           the case was settled for
                                                                                      enjoy life.                                                            plastic surgeon was able to      to compensate him for his
            had a duty to maintain lighting       $430,500.00. Rose West will
                                                                                                                       A    nthony Bonilla, a body-
                                                                                                                            builder and a black belt in
                                                                                                                       Tae Kwon Do, wanted a perfect-
                                                                                                                                                             assist Mr. Bonilla, permanent,
                                                                                                                                                             irreparable damage had
                                                                                                                                                                                              past and future medical
                                                                                                                                                                                              expenses, lost wages and
                                                                                                                       ly proportioned body. But his         already been done. Plastic       pain and suffering.
            Brett Panter                          Seminar and were provided          victims basic constitutional      calves were about three inches        surgery, extensive physical
            Continued from Page 1                                                                                                                                                                Presently, Panter & Panter
                                                  with valuable insight into the     rights. At Panter & Panter we     too small, so he consulted Dr.        therapy and $30,000.00 later,    is mounting a campaign with
            jury rendered a verdict in the        law by the experience of           are committed to our clients      Leon Doyan of Coral Springs to        Mr. Bonilla sought legal         the Florida Board of Medicine
            amount of $1.7 Million Dollars.       Brett Panter.                      and our system and we will        surgically insert implants into his   advise from Panter & Panter.     and Department of Business
                Most recently, Brett Panter          As an active EAGLE Member       do everything in our power        calf.                                     Mitchell Panter presented    and Professional Regulation
            was a Faculty Member and              of the Academy of Florida          to preserve your rights. Panter       After the surgery Anthony         the case to a Broward County     to prevent Dr. Leon Doyan
            lectured for the National             Trial Lawyers, Brett Panter        & Panter is also active in the    Bonilla developed searing             Jury in February, 1995 and       from continuing to practice
            Business Institute in a Seminar       went to Tallahassee on April 11    Association of Trial Lawyers      pain in his right leg. When           the Jury returned a verdict in   medicine. We are committed
            entitled “Paralegals and the                                             of America in fighting legisla-   the pain did not stop, Dr.            favor of Anthony Bonilla         to serving our clients and our
                                                  and April 12, 1995 and lobbied
            Litigation Team in Florida”.                                             tion which would serve to         Leon Doyan finally removed            finding that Dr. Leon Doyan      community in pursuing all
                                                  with the Florida Legislature                                                                               had committed medical mal-       available channels to protect
            Over 50 paralegals and attor-                                            take away victims basic con-      the implant, but it was too
                                                  including State Representatives                                                                            practice and awarded             our community from negligent
            neys attended this full day                                              stitutional rights.               late, the damage was done.
                                                  and Senators on behalf of                                            By the time that a reputable          Anthony Bonilla $500,000.00      health care providers.

				
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