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Woman sues following collision with Heavenly employee

The Inside Scoop
Wednesday, December 28, 2011

BY ADAM JENSEN

A Florida woman filed suit against Vail Resorts, Heavenly Valley and a Heavenly Mountain Resort employee this week after being injured during a ski collision with the employee at the resort in January.

About 3:50 p.m. on Jan. 18 Kimberly Bland was standing above the Stagecoach base area deciding where to ski next when she was struck by lift operator Daniel Barreno, according to a suit filed in federal court Wednesday.

 

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Low Impact Car Crash Aggravates Pre-Existing Cervical Degeneration

Marta C., a 43 year old single mom and part time housekeeper from Columbia, was rear-ended by an SUV leaving little damage to her car and none to the Defendant's vehicle. However, her persistent cervical pain following the crash led to epidurals and eventually surgery. The typical defenses of minimal property damage and preexisting cervical degeneration were raised after litigation commenced following a pre-suit offer of $7,500.00. A demand for judgment for $250,000 was ignored. After depositions of the defense doctors went badly for the Defense, the insurer settled the case before trial for $400,000.00.

22 Year Old With Pre Existing Lumbar Spondylolisthesis Requires Surgery After Car Crash

Jared, who was only 22 years old, had episodic low back pain due to a spine condition called Spondylolisthesis that developed during child hood. This condition predisposed Jared to suffer low back pain and complications if exposed to trauma. Unfortunately, that is what happened when a car ran a stop sign and broadsided his car on a Dunellon side street. The impact ultimately lead to major medical complications and a complex surgery to stabilize the affected areas of his spine. The adverse drivers insurance carrier tendered their policy limits but Jared's auto insurer refused to pay its underinsured motorist limits claiming that the condition was pre-existing. After medical expert analysis was obtained and provided to the insurance company, a settlement was reached for the $300,000 uninsured motorist policy limits.

Wrongful Death Of 4 Year Old Boy Who Wandered Into Apartment Complex Pool

In a matter of minutes, the life of a young Homestead family was turned upside down when their four year old son, Odnel, wandered into the unguarded pool of their apartment complex, fell into the water and drowned. Revived by paramedics and rushed to Miami Childrens Hospital, Odnel held on for more than two weeks until his frail body finally succumbed to the catastrophic brain damage he suffered. A wrongful death lawsuit was brought by attorney Robert M. Roselli on behalf of Odnel's devastated parents, seeking justice for the untimely death of the boy which could have been avoided had the apartment complex and the apartment manager simply replaced the rusty padlock and latch. Ultimately, a substantial confidential settlement was reached for the family.

Financial Advisor Sustains Knee Cap Fracture In Car Crash

In a lawsuit on behalf of a 63 year old financial advisor who suffered a knee cap fracture in a car crash, the insurance company for the at fault driver soon tendered the bodily injury liability policy limits of merely $100,000. But David's own insurance company refused to pay any uninsured motorist benefits believing that he had been fully compensated. Top medical experts were retained by attorney Robert M. Roselli to analyze the injury and were convinced that the injury was far more serious than thought, leaving David was now predisposed to suffer serious ligament injuries that required further surgery. With these additional expert opinions and analysis of our clients injuries, an additional $285,000 in underinsured motorist benefits was recovered from our clients automobile insurance company for a total recovery of $385,000.

Published:

Jury Verdict Review & Analysis Vol. 17, Issue 11, November 2007
Florida Jury Verdict Reporter Vol. XXIX, No. 8, August 2008

Dosage Error By Pharmacy Causes Death Of 83 Year Old

Roselli & Associates represented Mrs. K, the widow of an eighty-three year old Georgia man who was diagnosed with gout and prescribed Colchicine to relieve his foot swelling and pain. Mrs. K filled the prescription at a nationally known pharmacy where the pharmacist negligently gave incorrect instructions that called for taking the tablets every two minutes instead of every two hours. Sadly, Mr. K took the medication "as directed" and became gravely ill from the overdose, suffered a stroke and died shortly thereafter. A settlement for Mr. K's grieving widow was reached with the pharmacy in excess of Georgia's $350,000 cap on non-economic damages.

Like Florida, the state of Georgia has recently enacted unjust laws limiting compensation for victims and their families while protecting the state's corporate and medical elite.

Insurance Company Destroys Automobile Insurance Coverage Form

Three law firms had taken this case and then given up on Raiford B. who was badly injured in a car crash while driving a company car. The car causing the crash was not insured and the insurance company that insured Raiford B.'s company car ignored all requests for the Uninsured Motorist waiver form which is required in Florida for automobile insurance policies. After four years of uncertainty and rejection, Raiford B. finally retained Roselli & Associates. The commitment and creative legal strategies of Robert M. Roselli resulted in the discovery of adjuster e-mails, claim file notes and policy supplements suggesting the existence of uninsured motorist coverage. Eventually, the insurance company produced a blotched and suspicious copy and depositions of insurance company representatives revealed that the insurance company had destroyed the original uninsured motorist waiver for the policy and did so after it was requested, keeping only the blotched copy. After five (5) years of contentious litigation, the perseverance of Robert M. Roselli paid off for our client who received the compensation that he deserved.

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