Representative Cases
Roger N. Messer
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 severely injured 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.
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.
