Confidential Settlement Before Trial
Estate of Dayanne F. v. Homestead Apartment Complex
Homestead, Miami-Dade County, Florida
Attorney for Plaintiff: Robert M. Roselli
In a matter of minutes, four year-old Dayanne and her sister wandered away from their apartment and into the unlocked pool area at their apartment complex. Seconds later, Dayanne was under water. The apartment complex and its manager were emphatic that the gate was locked and secured and blamed Dayanne's death on her grieving mother. Immediate action by Attorney Robert M. Roselli, to preserve key evidence and testimony, proved the pool was merely "secured" by a damaged gate, rusty chain and open padlock. Depositions of local police officers revealed frequent prior occasions when the gate was left unlocked and unguarded. While no amount of money can compensate for the loss of a child, a confidential settlement was negotiated before trial on behalf of the grieving mother.
When Bob Roselli makes the decision to take your case, it is an expression of total commitment to injury victims and their families.
MOTOR VEHICLE NEGLIGENCE - AUTO/TRACTOR TRAILER COLLISION - RED LIGHT /GREEN LIGHT - SHOULDER DISLOCATION - MULTIPLE RIB FRACTURES - LUMBAR DISC HERNIATION - TOTAL DISABILITY FROM EMPLOYMENT CLAIMED.
Broward County, Fl
The plaintiff in this motor vehicle negligence action was a 67-year old maintenance worker at the time his vehicle collided with a 2005 Freightliner tractor-trailer driven by the defendant driver in the course and scope of his employment with the defendant corporation. Both the plaintiff and the defendant truck driver claimed they had a green traffic light when the intersection collision occurred.
On August 2, 2012, the plaintiff contended he was driving his work van to perform an errand for his employer and was traveling on USI south at or near the Intersection of 23rd Street in Vero Beach, Florida. The plaintiff alleged that the defendants tractor-trailer drove through a red light and impacted his vehicle in the side. The plaintiff alleged that phone records showed that the defendant truck driver was talking on his cell phone at the time of the accident.
in violation of commercial trucking laws. The plaintiffs complaint also asserted that the defendant corporation negligently hired, trained, supervised and retained the co-defendant truck driver.
The force of the impact pushed the plaintiffs van across the intersection and caused extensive damage to the plaintiffs vehicle. The plaintiff was airlifted from the accident scene to a trauma center and spent many weeks confined to a hospital. He was diagnosed with a dislocated shoulder with SLAP tear, multiple rib fractures, manubrium (sternum) fracture and lumbar disc herniation at the L5-Sl level. He also claimed that the impact caused an aggravation of a preexisting lumbar disc herniation at L4-L5.
The plaintiff underwent arthroscopic shoulder surgery and was recommended for a lumbar laminectomy and fusion. However, he declined the lumbar surgery and it was not performed. The plaintiff claimed that his accident-related injuries have left him completely disabled from employment since the date of the accident.
The defendant contended that the plaintiffs alleged lumbar injuries and recommendation for surgery was caused by preexisting conditions and not related to the accident. The defense stressed that the plaintiff had complained of similar lumbar symptoms before the date of the subject collision.
The case was settled prior to trial for $1, l 00,000.
Sackman vs. Defendants. Case no. CACE 14-018350; Judge Milly Rodriguez Powell, 05-1 0- l 7.
Attorneys for plaintiff: Robert M. Roselli and Daniel P. Melrose of Roselli & Associates, P.A. in Fort Lauderdale, FL.
Reproduced from Florida Jury Veredict Review & Analysis. © 2017. All Rights Reserved.