Representative Verdicts

Roger N. Messer

REPRESENTATIVE VERDICTS & SETTLEMENTS

Insurance Bad Faith (Health Insurance): (St. Lucie County Circuit Case, 1998). 1998 pretrial settlement of $1.75 million in an insurance bad faith case against a health insurance carrier which had wrongfully refused to pay for medical bills of $650,000 for severely injured accident victim. Litigated in both State and Federal Court as co-counsel.

Broken Wheelchair Products Liability Injury: (St. Luce County Circuit Case, 2002). $1.6 million settlement in a products liability case against the distributor of a defective wheelchair. Litigated in State and Federal Court.

Wrongful Death - Auto Collision: (Okeechobee County Circuit Court Case, 1984). Structured settlement for $1.3 million (present value $750,000) for the wrongful death of a male Mexican farm worker in collision with a hay truck.

Auto Collision - Verdict against Uninsured Motorist Insurance Co.: (St. Lucie County Circuit Case, 2000). $265,350 verdict for female client injured by an uninsured driver. Injury required surgery for fusion of cervical (neck) vertebra. Initial defense offer, $6,000. Insurance Company ultimately paid $530,000 to settle all claims, including bad faith, in May, 2000.

Auto Collision - Suit for Wrongful Hiring: (St. Lucie County Circuit Court Verdict). $350,000 jury verdict against corporation president, individually, who hired a truck driver with a prior DUI conviction and a horrible driving record. The driver caused an accident in a company truck after drinking after work. Pretrial offer from corporate president's insurance company, $0.

Auto Collision - Drunk Driver & Uninsured Motorist Insurance Company: (St. Lucie County Circuit Court Case, 1996). $98,500 verdict for female client injured by a drunk driver. Pretrial offer: $25,000. Post-trial bad faith case against insurance company settled for over $177,000.

Florida Supreme Court Appeal: (Florida, 1989). Successfully held a portion of the Worker's Compensation Law unconstitutional. Resulted in survivors of deceased worker obtaining $100,000 death benefit which had been denied them.

Semi-Tractor Trailer Vs. Dump Truck Collision: (St. Lucie County Circuit Court Case, 2006). $1.5 million settlement against tractor trailer company in collision where semi driver fell asleep at the wheel and crashed into dump truck at approximately 100 miles per hour. Serious closed head and spinal injuries. The worker's compensation claim was later settled on behalf of the dump truck driver for an additional $180,000.

Auto Collision Jury Verdict: (St. Lucie County Circuit Court Case, 2007). $336,000 jury verdict on behalf of an injured male construction worker who was hurt in a t-bone collision with a cable company van. Injuries to the neck and low back requiring surgery.

Trust Litigation: (St. Lucie County Circuit Court Case, 2002). Pretrial settlement in the amount of $1 million in a breach of trust case on behalf of the beneficiary against the trustee. The case included multi-state discovery in Ohio, Mississippi, and Florida.

Semi-Tractor Trailer Property Damage: (St. Lucie County Court Case, 2002). $77,500 settlement from Defendant's insurance company for damages to Plaintiff's semi-tractor trailer for accident caused by Defendant's negligence. Plaintiff owed in excess of $80,000 on the truck and $15,000 in towing and storage charges. Pre-settlement offer: $49,000 from his own company. All bills were negotiated, including the note on the truck. All parties were satisfied, and Plaintiff walked away with $5,000.

Consumer/Homebuyer Protection: (St. Lucie County Circuit Court Case, 2002). $44,700 settlement after defense caused mistrial. Damages resulted from a negligent termite inspection performed by the Defendant company on behalf of the Plaintiff, who was a prospective homebuyer. Actual damages to the home were estimated at $23,000.

Consumer/Homebuyer Protection: (St. Lucie County Circuit Court Case, 2004). $135,000 settlement on behalf of Plaintiffs who were damaged when their new home was infested with dangerous mold stemming from an improperly installed air conditioning unit by the Defendant Homebuilder.

Insurance Bad Faith/Personal Injury: (St. Lucie County Circuit Court Case, 2004). $75,000 settlement for elderly client who had been mislead into executing a release of all his claims for $570.00. Client had in excess of $25,000 in medical bills which were negotiated to less than $10,000 after Defendant was forced to rescind the improper release.

Hurricane Damages Resolution: (Polk County Circuit Court Case, 2005). Settlement in excess of $550,000 on behalf of non-profit corporation for catastrophic hurricane damages suffered from Hurricanes Charley, Frances, and Jeanne.