Representative Cases
Roger N. Messer
Calkins v. Classy Equipment Corp., etc. (2006 St. Lucie County) settlement of $1.68 million for a dump truck driver seriously injured ini a crash with a semi tractor-trailer on I-95 in Port St. Lucie, Florida. This case involved a negligent truck driver who maintained two sets of log books; one for his deliberately negligent employer, and one to show to law enforcement if he was stopped. The at fault driver was driving his 18-wheeler at a very high rate of speed, while asleep.
Kisiel v. Gilster Mary Lee Trucking (1998 Indian River County Circuit Court) This was a $425,000 settlement for a seriously injured dump truck driver who was hurt when a semi tractor-trailer crashed into his rear on Florida's Turnpike.
Williams v. Gator Freight Lines (1978 St. Lucie County Circuit Court). $105,000 jury verdict for a marine diesel mechanic injured in a rear-end collision with a large delivery truck in downtown Ft. Pierce. The pre-suit settlement offer was only $7,500.
Badillo vs. Nationwide Insurance and Knox (2009 St. Lucie County Circuit Court). Jury verdict of over $536,000 in a case involving a drunk driver and Uninsured Motorist Insurance Carrier Nationwide for 50 year old female client who was injured while jogging when a drunk driver ran off the road and struck her, fracturing her sacrum and causing a herniated disc in the lower back. The insurance bad faith case against Nationwide is presently pending.Riggs v. American Chambers Life Insurance Co., (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 a paralyzed accident victim. Litigated in both State and Federal Court as co-counsel.
Gressman v. Capak, Inc., (St. Lucie County Circuit Case, 2002): $1.6 million settlement in a products liability case against the distributor of a defective wheelchair. Litigated in Federal and State Court.
Ayala v. Larson's Dairy, (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.
Carroll v. State Farm (St. Lucie County Circuit Case, 2000): $265,350 verdict for female client injured by an uninsured driver. Initial defense offer, $6,000. State Farm ultimately paid $530,000 to settle all claims, including bad faith in May, 2000.
Delia v. Romano (Fla. 4th D.C.A.): Successfully upheld $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. We earlier handled the jury trial from this 1985 accident case which resulted in this verdict.
Hogan v. Granados and Allstate 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 Allstate settled for over $177,000.
DeAyala v. Florida Farm Bureau Insurance, 543 So.2d 204 (Fla. 1989): Successfully held portion of Worker's Compensation Law unconstitutional. Resulted in survivors of deceased worker obtaining $100,000 death benefit which had been denied them.
Steven A. Messer
Quercioli v. LaConte, (St. Lucie County Circuit Case, 2002): Associated counsel in 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.
Autrey v. Thomson, (St. Lucie County Circuit 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 on the vehicle and had previously only received an offer for $49,000 from his own insurance company. All bills were negotiated, including the note on the truck. All parties were satisfied, and Plaintiff walked away with $5,000.
Arriaga v. Baker's Termite and Pest Control, (St. Lucie County Circuit Case, 2002): $44,700 settlement after defense caused mistrial for damages resulting from a negligent termite inspection performed by the Defendant company on behalf of the Plaintiff, who was a perspective homebuyer. Actual damages to the home were estimated at $23,000.
