$10.3 MillionCondominium Collapse
The Nance Cacciatore law firm has taken part in many landmark and historic cases. One notable case took place in December of 1983 when Nance Cacciatore was one of three law firms that secured a $10.3 million settlement for victims of the Harbour Cay Condo that collapsed, resulting in 11 deaths and a number of injuries.
$1 MillionThe Juliana Mason Case
In 1971 Nance Cacciatore obtained the first $1 Million verdict on behalf of an African American in the United States. The plaintiff Juliana Mason was a concrete worker who was seriously injured when the roof of the Sears building in Melbourne collapsed, causing him to fall some 20 feet. When he awoke, the doctors told him that the news was grim – he was permanently paralyzed from the waist down. The defendants in the case were the building contractors involved in the construction of the scaffolding and the roof. There was no settlement offer made before the trial. During jury selection, attorneys Jim Nance and Sammy Cacciatore had to deal with many jurors who had deep-seated prejudice about the prospect of awarding money damages to a black man. The trial lasted over 4 weeks and reporters worked in shifts to cover the story. The jury deliberated for some 33 hours. When the landmark verdict was announced there was an eruption in the courtroom. The headline in the Florida Today newspaper said, “From itinerant cotton picker to millionaire.”
Mason, who was 31 at the time, had grown up in a poverty-stricken area around Tuskegee, Alabama. He was the son of itinerant laborers and picked cotton as a boy. He dropped out of school in the 5th grade and moved to Florida to pick oranges. When he landed a construction job making $1.95 an hour, he said, “I was on top of the world. That was more money than I’d ever made before.” Mason promised to give his son opportunities in life that he’d never had growing up.
$11.3 BillionThe Tobacco Case
The Florida case – which was the second in the nation to be filed – was settled on August 24, 1997, for $11.3 Billion. The tobacco case turned out to be the largest civil case in the history of American jurisprudence and the Florida case was the largest in the history of Florida. At the start, however, it was not obvious that the case had merit or anywhere near that kind of potential. Big Tobacco had had an incredible record of successfully defending cases and defended them with a “scorched earth” policy. They had unlimited resources and hired the biggest and best national law firms to represent them. When the case came to us, it was generally viewed as a “long shot” at best.
Nance Cacciatore was one of only nine law firms chosen by Governor Chiles to represent the state. The financial commitment of each firm was significant, around $500,000 in upfront costs alone (with no guarantee of prevailing). The litigation lasted for over four years and during that time more expenditures were needed by the firms to finance the case. All of the partners in the firm, Jim Nance, Sammy Cacciatore, Ron Duryea, and Jack Hamilton worked on the case, shared in the costs, attended depositions and meetings, and ultimately participated in the recovery. Jim Nance was the partner who did the majority of the work and who was chosen by the group of firms to be a chief liaison among the attorneys.
The tobacco case was unique in that – unlike traditional tobacco cases where a smoker was suing the tobacco company for damages – we represented the state of Florida against the tobacco industry for the cost of medical treatment for injured smokers. The plaintiff was not an individual smoker (who should have known better) but an innocent party, the state of Florida. We were not seeking “intangible” damages like pain and suffering but rather “actual” medical expense incurred by the state to treat Medicaid recipients for disease caused by their years of smoking tobacco. This made the case different and potentially winnable (Big Tobacco had, up to that point, been very successful in defending individual cases brought by smokers). The Florida case settled in August of 1997 for $11.3 Billion.
$6.4 MillionAuto Accident
The attorneys at Nance Cacciatore have taken part in some contentious and noteworthy cases over the years. One particularly notable case revolved around a tragic auto accident that left a man a quadriplegic. During an eight-day trial, Jack Hamilton and Sammy Cacciatore presented critical evidence that the accident was caused by the driver of a rented (Enterprise Leasing Company) Cadillac sedan. The defendant denied being in the driver’s seat at the time of the accident.
Our client was driving his Dodge pickup truck south on I-95 toward Palm Bay, Florida. As he approached the Eau Gallie interchange, there was a collision with the Cadillac. The impact caused his pickup truck to topple forward and roll over three times before it came to rest in the median. Due to the extreme force of the rollover, the roof of the car was crushed, and he sustained a compression injury to his spinal cord.
Five minutes earlier, the defendant had driven the Cadillac into the rear of another vehicle, causing that car to spin off the road, down the embankment to the west. He claimed he left his car to check on the occupants of the car he had hit, and that he was not in his rented Cadillac at all, when the collision with our client’s pickup truck occurred. This was not true, and Jack Hamilton and Sammy Cacciatore hired a professional engineering expert to prove it. This expert demonstrated how a deformation in the Cadillac driver’s seat and console area did prove that this defendant was indeed seated in his car and pulling out into the roadway at the time of the collision with our client’s vehicle.
There was also extensive testimony regarding the angles of impact of the vehicles, including an attempt by the defense to use a computer program to try and prove that the Cadillac had been parked on the side of the road.
The defendants had offered $3 million to settle the case before it went to trial, but Jack Hamilton and Sammy Cacciatore took the case to court. After eight days of trial, the partners obtained a $6.4 million settlement for this deserving client. It’s always rewarding to be able to help a client achieve a favorable outcome especially in the face of opposition.
$6.3 MillionTrucking Accident
Over the years the Nance Cacciatore law firm has assisted clients with all sorts of landmark trucking cases the years.
In one extremely notable case, the Plaintiff was involved in a major commercial trucking accident on I-95 involving multiple vehicles. As a result of the negligence of the commercial vehicle, two individuals were killed and two others sustained injuries. Nance Cacciatore was asked by the surviving parents of one of the decedents, who was in his early twenties, to represent them in this complex case against multiple corporate and commercial defendants. Nance Cacciatore teamed up with two other Central Florida law firms to bring lawsuits on behalf of the families of the two deceased motorists and the severely injured victims. As a result of the intense pressure brought on the various defendants, the insurance companies tendered their collective insurance limits of $6,300,000.00. Sammy Cacciatore secured in excess of $2,000,000.00 of the gross settlement on behalf of the parents of this young man.
$5 MillionPedestrian Accident
The Nance Cacciatore law firm has been a part of a plethora of notable cases over the years. We are always humbled when we are able to assist victims and their families gain the justice and compensation that they deserve.
The defendant was home in Merritt Island on Spring Break from the University of Florida. At approximately 11:10 a.m., she went for a jog near Rotary Park on S. Courtenay Parkway and, while on the bike path, a dump truck operated by one of Defendant’s employees lost control, flipped on its side, and careened off the road onto the bike path, striking the decedent. She was transported by air ambulance to an Orlando hospital and declared brain dead.
Life support was disconnected and an organ donation was made. The defendant driver claimed that his vehicle was overloaded with fill dirt, causing his vehicle to “float.” The driver had been driving the dump truck for nearly thirty miles in that alleged condition. Eyewitnesses claimed that the driver was traveling in excess of forty-five mph in a thirty-five mph zone. The Defendant alleged comparative negligence against Crusher Siteworks, Inc. (a non-party entity that had loaded the dirt into the dump truck two hours previous to the accident).
S. Sammy Cacciatore obtained a jury verdict of $5,053,000. They had previously filed a proposal for settlement with the Court for $3,000,000 which was rejected by the defense. This jury verdict resulted in the defense having to pay significant attorney’s fees and costs in addition to the verdict.
Our law firm was privileged to be able to take part in such a landmark case.
$3 MillionAuto Accident
The attorneys at Nance Cacciatore have been involved in all sorts of noteworthy cases of the history of the firm. We understand that those who cause harm or death due to negligence need to be held accountable. We have the experience and resources to handle wrongful death cases of all types.
The Plaintiff was returning from a vacation on Sanibel Island with his wife and their five-year-old son when a logging truck — overloaded by 6,000 pounds — caused a terrible accident. The logging truck hit a dairy truck, which was forced into their car. Our client tried to pull over and get out of the way, but the dairy truck was forced into his car, killing him instantly. Fortunately, the wife and child were spared. The logging truck was found to have 23 defects, 11 of which would have kept it off the highway, according to the Florida Highway Patrol.
James Nance negotiated a settlement agreement that paid in excess of $3 million.
$3 MillionSpace Shuttle Death
In September of 1984, Nance Cacciatore secured a $3 million settlement of 5 lawsuits for 2 deaths and 3 injury claims against NASA, Pan Am, and Wackenhut Services, Inc. The accident resulted from negligence by NASA in failing to warn of an extended nitrogen purge of the compartment in which the workers/clients were working as part of the Space Shuttle program.
$3 MillionAuto Accident
When you’ve been seriously injured in an auto accident, the last thing that you need to worry about is how you’re going to be able to pay your expenses. Just one day before the scheduled court date, Jack Hamilton was able to reach a $3 million settlement for his client, who suffered permanent injuries as a result of a car accident. The Plaintiff had just picked up her daughter from daycare and was driving southbound on U.S. 1 when a car crossed the median and smashed into her vehicle head-on. A parent’s worst nightmare became real, as it took the Jaws of Life and several firefighters to free her from her car. Fortunately, her daughter was physically unharmed. When the accident first occurred, doctors wanted to amputate her right leg because of the extensive damage. She refused and opted for heavy doses of medication and a year-and-a-half of rehabilitative therapy instead. To this day she walks with a limp and there is always the possibility she can still lose her leg, but the way that Jack Hamilton was able to structure her settlement of $3 million, our client will get benefits for the rest of her life. The attorneys at Nance Cacciatore are determined always seek to make sure that their clients achieve the best outcome possible not just for the short-term, but for the rest of their lives.
$3 MillionAuto Accident
At Nance Cacciatore, we make sure to take into account the long-term well-being of our clients. Just one day before the scheduled court date, Jack Hamilton was able to reach a $3 million settlement for his client, who suffered permanent injuries as a result of a car accident. The Plaintiff had just picked up her daughter from daycare and was driving southbound on U.S. 1 when a car crossed the median and smashed into her vehicle head-on. It took the Jaws of Life and several firefighters to free her from her car. Her daughter was physically unharmed. When the accident first occurred, doctors wanted to amputate her right leg because of the extensive damage. She refused and opted for heavy doses of medication and a year-and-a-half of rehabilitative therapy instead. To this day she walks with a limp and there is always the possibility she can still lose her leg, but the way that Jack Hamilton was able to structure her settlement of $3 million, our client will get benefits for the rest of her life. The attorneys at Nance Cacciatore are determined to seek the best outcome possible for each and every client.
$2.8 MillionImproper Legal Advice
Unfortunately, individuals and businesses that we trust for our physical health and financial wellbeing commit malpractice because of negligence or misrepresenting themselves. Nance Cacciatore has experience with representing clients who have fallen victim to malpractice in various forms.
One such case involved Ohio-based Flor-Ohio Ltd., the owners of a popular Brevard County manufactured homes community, the Lakes of Melbourne, decided to introduce rental rate increases on their mobile home lots, they hired a Tallahassee law firm that promoted itself as experts in the field of mobile home law – specifically hiring David Eastman, a partner in the firm of Parker, Skelding, Labasky & Corry, P.A., which also represented the Florida Manufactured Housing Association.
Florida’s law requires that to introduce a rental rate increase, the owners of the property must do two things: first, give 90 days, written notice to each affected tenant; second, give 90 days, written notice to the Board of Directors of the Homeowners Association. The notices must be either hand-delivered 90 days before the rent increases are scheduled to go into effect, or that five additional days be allowed for the post office to deliver the notices by mail.
Because Mr. Eastman failed to give The Lakes of Melbourne the proper legal advice, the rental rate increases were successfully challenged in several lawsuits filed by the Lakes of Melbourne Homeowners Association.
Flor-Ohio turned to Nance Cacciatore for help. Working as a team, Partners of Nance Cacciatore including Sammy Cacciatore filed a lawsuit against Mr. Eastman, alleging legal malpractice. In addition to proving that Mr. Eastman gave improper and inaccurate legal advice, Mr. Cacciatore had to demonstrate to a jury, and later to the appeals court judges, just how much income the Lakes of Melbourne lost when four years of rental increases were invalidated.
When preparing this case for trial, Mr. Cacciatore used examples of Parker, Skelding’s law firm newsletters, which described their lawyers as mobile home law experts. In fact, once a year the firm sent a checklist of changes in Florida statutes affecting mobile home parks to their clients. They also produced a settlement video to help present the case of legal malpractice. “When Mr. Eastman actually denied his negligence on videotape and repeatedly contradicted himself, this set the tone for the rest of the trial,”.
During the two-week-long trial in Brevard County, Mr. Cacciatore clearly showed that Mr. Eastman committed legal malpractice. They also presented the projections by an expert economist on the amount of revenue that the Lakes of Melbourne lost as a result of following Mr. Eastman’s legal advice.
$2.55 MillionSemi-tractor & Automobile Collision
The attorneys at Nance Cacciatore have obtained some landmark verdicts and settlements involving trucking accidents.
One great example is a case where S. Sammy Cacciatore was retained by the family for the death of the patriarch and matriarch of the family. The deceased was 75 years of age and a retired postal worker. His wife was also 75 years of age and together they were survived by three adult children in their forties and several grandchildren. They were driving north on Interstate 95. As they approached the Beeline Expressway along with two other vehicles, a semi-tractor trailer traveling southbound failed to notice a white car that pulled out from the median shoulder. Because of his inattention, the truck driver never reduced speed but rather turned into the median, crossing it and jack-knifing the trailer across both of the northbound lanes, instantly throwing a “barndoor” across the lane that our client’s vehicle was traveling. There was an instant collision and our client had no time to take any evasive action.
Our firm utilized a large amount of witnesses in the case. The truck driver testified that he had noticed the white car parked in the median shoulder over 1300 feet earlier. Another truck driver ahead of him testified that he, too, had noticed this car and had moved into the right lane with no problems. Furthermore, the truck involved had various violations of truck regulations including faulty front axle brakes that would have put it out of service. The defense claimed that this was a sudden pull-out and that there was nothing the truck driver could have done to avoid this wreck.
This case was consolidated with the cases of the other victims. S. Sammy Cacciatore was one of the lead counsels in preparing this case for trial. Because of the positions taken by the truck driver and the company for which he was driving, it was a technical case involving trucking experts, accident reconstructionists, trucking regulation experts, and depositions from various witnesses and truck drivers from all over the country. A trucking expert testified that as a professional driver, the defendant had a responsibility to keep alert of hazards and potential hazards ahead.
A car sitting in the median was a potential hazard and as the other truck drivers had done, should have been anticipated. The defendant had not considered that vehicle as a hazard and never slowed down. When the vehicle did start to pull out, he testified that the defendant’s actions were also inappropriate because he did not attempt to stop and went into the median which posed a significant danger to oncoming traffic.
A professional engineer was hired to reconstruct the accident. From his reconstruction, it was established that if the defendant had applied his brakes, this tragedy could have been avoided. The defense in the case also hired a professional engineer to reconstruct the accident. Under careful cross-examination, the professional engineering expert for the defense actually admitted that had the defendant simply applied his brakes instead of taking the action that he did, he would have been able to stop without striking the white car.
On the morning of trial just before the selection of the jury, the defendants finally settled the case. On behalf of the adult three children, Nance Cacciatore was able to obtain a total settlement of $2,550,000.00. Our firm was very pleased with this outcome as was the victim's family.
$2 MillionAuto Accident
The Nance Cacciatore law firm takes great pride in having taken part in many notable cases over the decades. In one such example, Nance Cacciatore attorney Jack Hamilton obtained a $2 million recovery for a young man who, as a pedestrian, had been struck by a tractor-trailer on I-95. The plaintiff and his father had stopped along the side of the highway to remove a ladder that had fallen off another vehicle, as they thought that it represented a safety hazard. While the rest of the vehicles on the highway slowed, the defendant trucker did not. The plaintiff’s attorneys hired a truck driving expert to show that the truck driver should have had a clear view of sight from his lofty position in the cab and should have been able to avoid the plaintiff in the roadway.
Unfortunately, the truck ran directly into the young man causing serious and permanent bodily injury and brain damage. Attorney Hamilton hired 10 separate damage witnesses to evaluate the injured plaintiff and testify at trial. The trucking company originally denied liability but on the eve of trial paid $2 million to settle. Most of the money was placed into a structured settlement which will provide the plaintiff with benefits for the rest of his life. Our law firm is well acquainted with making legal history, and we look forward to more opportunities in the future.
$2 MillionPedestrian Accident
The Nance Cacciatore law firm has handled many notable personal injury cases over the years. In one landmark case, the plaintiff pedestrian was struck on I-95 by a Mack truck in St. Lucie County. He had stopped as a good Samaritan to pick-up a ladder that was a hazard laying on the highway. Jack Hamilton hired a truck driving expert to help show how the truck driver was negligent in failing to follow proper procedures in maintaining control of his vehicle. The case settled on the eve of trial for $2 Million.
$1.875 MillionAnt Bite
The Nance Cacciatore law firm is very passionate about defending those who are unable to defend themselves. Particularly when it comes to the elderly. Unfortunately. nursing homes don’t always provide our loved ones with the care that they deserve and they can even be neglected to the point that they receive a life-threatening injury. Nance Cacciatore has experience helping families get the compensation they and their elderly loved ones deserve.
In one notable case of nursing home neglect, the defendant was a 73-year-old retired postal employee who was admitted to Mariner Healthcare of Atlantic Shores Nursing Home for rehabilitation following complications from cervical surgery. While sleeping in his bed at the nursing home, the decedent was attacked by fire ants and stung repeatedly on various parts of his body. The fire ant attack caused the decedent to suffer from anaphylactic shock which ultimately resulted in his death the next day. The decedent’s surviving spouse retained Nance Cacciatore to represent her for the wrongful death of her husband.
During the discovery phase of this case, Nance Cacciatore discovered that the defendant's nursing home had a known on-going fire ant problem for a period of years which intensified into a significant infestation in the months immediately prior to the fire ant attack. The nursing home had been advised by its pest control company it had under contract to increase the pest control activities and/or alter the pest control program in order to combat and control fire ants. The nursing home, however, made an affirmative decision not to do so because they did not want to incur any additional expense associated with the increased service.
The defendants denied responsibility for the decedent’s death and argued that the anaphylactic reaction had ended and completely resolved before the decedent died.
This recovery did not include punitive damages as Mariner Healthcare of Atlantic Shores had filed for Chapter 11 bankruptcy protection and punitive damages were prohibited as a result of an order entered in the bankruptcy case.
Prior to trial, Nance Cacciatore recovered $1,875,000 for his client in this case.
It’s shameful when the elderly are neglected and taken advantage of. The Nance Cacciatore Law firm has a great passion for making sure that nursing homes are held accountable when they don’t provide the vital services and care that our older loved ones have earned.
$1.7 MillionAuto Accident
In a landmark case, Nance Cacciatore secured a $1.7 million settlement on behalf of the husband and children of a woman killed as a result of an automobile accident in Ft. Myers, Florida. The at-fault driver was operating a leased vehicle and his automobile insurance coverage had been canceled. This case was instrumental in a change in the law that later required long-term vehicle lessors to carry combined property damage and bodily injury liability insurance coverage in the amount of $1 million or more. It was an honor for our firm to assist in achieving such a deserved outcome.
$1.6 MillionBicycle Accident
Over the years the attorneys at Nance Cacciatore have had the privilege of taking part in some notable cases. One such case involved a cyclist who was involved in a tragic accident with a large truck. A Brevard County jury awarded $1.6 million dollars to the Plaintiff whose leg was crushed when she was run over by an 18 wheel tractor-trailer. The Plaintiff was riding her bicycle east on the Eau Gallie Causeway when the tractor-trailer pulled out of the Coastal convenience store parking lot. The accident left the Melbourne woman with a malfunctioning ankle and the inability to walk without the use of crutches or a cane.
The case handled by Attorney John N. Hamilton was tried by a jury and the verdict rendered was believed to be the second-largest personal injury verdict in Brevard County history at the time of the trial.
The case highlighted the problem with bike lanes in that area. Unlike bike paths, which permit two-way traffic, riders must go with the flow of traffic on bicycle lanes. Being able to make our community safer by bringing to light safety issues that exist around our area is something we take very seriously at the Nance Cacciatore law firm.
$1.5 MillionDrunk Driver Accident
On May 31, 1992, Nance Cacciatore took part in an extremely sad yet notable case. A Satellite Beach police officer made a routine stop of a motor vehicle along Highway A1A in Satellite Beach. While working a routine traffic stop, the on-duty police officer was killed when a drunk driver rear-ended his motor vehicle that was stopped along the side of the road. This was an accident that was entirely preventable and senselessly tragic.
Nance Cacciatore with James H. Nance represented the mother and father of the deceased, a 22-year-old police officer, in a wrongful death action against the drunk driver and obtained a $1.5 million verdict at trial for their clients. Our firm was very pleased to be able to obtain this verdict for our client.
$1.4 MillionWrongful Death/ Murder
Our law firm has taken part in many notable wrongful death cases since its inception. In one such case, Nance Cacciatore received a $1.4 million verdict on behalf of the children of a man murdered by the defendant.
$1.25 MillionMotorcycle Accident
The law firm of Nance Cacciatore has taken part in many notable cases involving motorcycle accidents over the years. Furthermore, our firm has been able to obtain some sizable and noteworthy settlements over the decades for motorcycle accident victims. In one such example, Nance Cacciatore obtained a $1.25 million settlement for a Satellite Beach man serving in the Marine Corps and stationed at Camp Pendleton who was involved in a motorcycle/van accident in Los Angeles, California, that resulted in brain damage.
$1.2 MillionPedestrian Accident
Nance Cacciatore has been involved with a large number of notable cases over the years. We’re very acquainted with the dangers of Brevard County roadways, especially for pedestrians. We’ve fought hard over the years to achieve landmark results for our clients.
The plaintiffs walking southbound along Croton Road on the bicycle path and stopped at its intersection with Treeline Boulevard. The defendant was driving his automobile southbound on Croton and attempting to turn left onto Treeline Boulevard. The other defendant was traveling northbound on Croton at an excessive rate of speed when his vehicle struck the turning vehicle operated by the first defendant forcing his vehicle toward the bike path striking the two pedestrians.
One of our clients suffered a fracture of the left clavicle, injury to the left shoulder, and multiple lacerations on the scalp and knees. He had a loss of consciousness immediately following the trauma and suffered from dizziness.
Our other client suffered fractures of the right tibia, left femur, left ankle, left calcaneus, right fifth metacarpal, tears of the right knee ligament and meniscus, and multiple lacerations on the upper and lower extremities. She developed an infection following a bone graft.
S. Sammy Cacciatore obtained a joint settlement of $1,200.000.00. It was an honor for our law firm to be able to achieve such a verdict for our client.
$1.2 MillionMotorcycle Accident
The Nance Cacciatore law firm has been involved in many notable cases involving motorcycle accidents. It’s an all too common occurrence when careless drivers do not look for motorcycle riders on our roadways and serious injuries result. Nance Cacciatore has had the momentous privilege of representing motorcycle accident victims over the years.
The Plaintiff was seriously and permanently injured when a driver of an Enterprise Rent-a-Car turned in front of him while he was riding his motorcycle. He was forced to lay down the bike and in doing so suffered orthopedic injuries as well as a closed head injury. The Plaintiff was represented by Attorney Jack Hamilton and the case was settled at a mediation conference for $1.2 million. Most of the proceeds from that settlement were placed into a structured annuity which will pay the Plaintiff benefits for the rest of his life. Our firm was extremely humbled to be able to assist our client to achieve this beneficial outcome.
$1.2 MillionMotorcycle Accident
The Nance Cacciatore law firm has a wealth of experience representing clients who have been involved in tragic motorcycles accidents. We’ve had the privilege of seeing our clients receive some sizable and noteworthy verdicts over the decades of service to the community. Our client was heading southbound on US 1 on his Indian motorcycle, not wearing a helmet, when the defendant made a left turn in front of him, violating his right-of-way. Various witnesses to the accident testified that the defendant must not have seen our client and also testified that our client was traveling within 5 mph of the posted 45 mph zone.
Due to the nature of the impact, the plaintiff was thrown some 10 feet into the air and landed on his back on the asphalt. He was unconscious at the scene and bleeding from his ears and mouth. He spent the next 8 days in an induced coma. He was ultimately diagnosed with a traumatic brain injury, left temporal bone skull fracture, post-traumatic epilepsy and seizure disorder, headaches, neck and shoulder pain, and a balance disorder. He was unable to return to his occupation in the automotive field. Nance Cacciatore settled with all insurance companies involved for $1.2 million. Our firm was extremely happy to be able to come to such a settlement for our client after he endured such a traumatic experience.
$1 MillionRoof Collapse
The Nance Cacciatore law firm has handled many prominent cases over the decades. One notable took place in 1971 when Nance Cacciatore obtained the first $1 million verdicts in Brevard County. A worker was rendered paraplegic when the trusses supporting the roof of a new Sears store failed during a concrete pour and he was crushed by over 200,000 pounds of wet concrete. This landmark litigation is just one case among many that our law firm has had the opportunity to take part in here in Brevard County.
$1 MillionDog Attack
The Nance Cacciatore law firm has taken part in many extraordinary and notable cases over the years. We fight hard for each client to make sure that they receive the compensation that they richly deserve.
One notable case involved a meter reader was walking her route when she came upon a house rented by the Defendant-tenant in Port St. John. As the client approached the house, four dogs – all pit bulls – leaped over a four-foot-high fence and attacked her. She tried using pepper spray to force the dogs to back off, but it had no effect. The dogs immediately bit her and dragged her around the yard, their sharp teeth and clenched jaws showing no signs of letting up. Once able to get away, she ran to a neighbor’s house for help, with the neighbor calling 911. The client sustained a number of injuries, with severe scarring and disfigurement to the face.
The investigation is very important in these types of cases, so when she contacted Nance Cacciatore, our investigators interviewed several of the Defendant-tenant’s neighbors and learned that a number of previous complaints had been made to the property owner, Penn Properties, and its trustee about the dogs, with one neighbor, even resorting to a claw hammer to defend himself against these vicious hounds. Our firm filed suit, based in part on the fact that defendant Penn Properties either knew or should have known that the dogs were dangerous.
Based on our investigation and subsequent negotiations with the defendant’s insurance carrier, James Nance settled the case for the policy limit of $1 million, giving our client the financial security to cover future medical expenses and lost wages without worrying about how she will make ends meet. This case is yet another example of our law firm going to whatever lengths that it takes to have a successful outcome for our clients.
$800,000Truck AccidentJack Hamilton recovered $800,000.00 for the Plaintiff who was injured when an FPL truck backed into his pickup. The Plaintiff incurred injuries to his low back as well as his neck and several years later underwent surgery in both areas. The case was settled prior to trial at a mediation conference.
After the owner of the shopping center suffered a fire loss, it was discovered that the center was significantly underinsured. Jack Hamilton sued the agent who had sold the policy under their errors and omissions coverage. It turns out that the agent had failed to recommend to the shopping center owner business interruption coverage; ordinance or law coverage; and replacement value coverage. The case settled at a mediation conference for $775,000.00.
The Plaintiff was stopped southbound on US Highway 1 in Melbourne, Florida, awaiting a turn signal. The Defendant negligently swerved into the northbound lane of a large truck, forcing that vehicle to shift into the southbound lanes and crash head-on into the Plaintiff’s Fed Ex van.
The Plaintiff sustained lacerations to her nose and face that were repaired plastic surgically. Plaintiff also sustained an aggravated injury to her pre-existing neck and back problems. The Plaintiff’s most significant complaints were the bilateral, chronic ankle sprain/strains that she experienced in this accident. The defense medical expert testified that she had not sustained a permanent injury and further testified that he found no reason for her not to return to work full-duty. The Plaintiff’s treating physicians testified that she had sustained permanent injury.
The Plaintiff had filed a Proposal for Settlement for the sum of $199,999.99 – this offer to settle was rejected by the Defendant. Nance Cacciatore with Sammy M. Cacciatore obtained a $737,479.00 verdict at trial for the Plaintiff.
The Plaintiff was involved in a motor vehicle collision where he sustained neck and back injuries. The Plaintiff’s primary complaints were cervical (neck) herniations. By the time the case reached trial, the Plaintiff had undergone chiropractic care and pain management. His doctors testified that he would require some form of treatment for the remainder of his life. The case was complicated by the fact that the Plaintiff had previous chiropractic treatments and was not able to present a claim for lost wages.The Plaintiff extended a Proposal for Settlement to the Defendant in the amount of $39,900 before trial – the Defendant, is represented by State Farm, rejected the offer to settle. At trial, Sam Cacciatore and secured a verdict of over $550,000, which resulted in a judgment in excess of $693,000.
Our client, a 28-year-old pedestrian, was walking across the southbound lanes of State Road A1A between 1st Street North and Minuteman Causeway in Cocoa Beach when he was struck by a vehicle driven by an elderly woman traveling southbound on A1A. As a result of this collision, the victim sustained a fractured pubic ramus and a closed head injury.
Through discovery, the attorneys of Nance Cacciatore uncovered the fact that the negligent driver’s eyesight was severely impaired at the time of the wreck to the point that she did not qualify to hold a Florida driver’s license.
S. Sammy Cacciatore and Chip Barger obtained a verdict at trial in this case in the amount of $621,589.70 from the negligent driver on behalf of the Plaintiff.
A 38-year-old builder lost his thumb when a mortar-style firework exploded in his hand. The rocket part of the firework had inadvertently been placed in the mortar upside down, This caused the rocket to remain in the mortar for the initial “lift” phase and caused the mortar to tumble on its side – pointing directly at Marks’ young daughter. He immediately, and without hesitation, grabbed the mortar to redirect it when the second phase exploded. The tube shattered blowing off the plaintiff’s right thumb. Phantom denied liability based upon the fact that the firework had been mishandled.
Attorney Jack Hamilton took the case and discovered that there are firework regulations (which applied in this case) that require the mortar of these types of fireworks to withstand an explosion inside the mortar – even if the rocket part is placed in upside down. Since the mortar shattered, injuring the plaintiff, we were able to prove that the mortar was defective. Phantom ended up paying $600,000 to settle the case – one of the largest amounts for a case involving the loss of a thumb on record in Florida.
The Plaintiff was a customer at the Lowe’s Home and Garden Center in West Melbourne, FL. At the time he was standing in the checkout line, a store employee driving a forklift ran into him from behind. The Plaintiff suffered a variety of orthopedic injuries in particular a low back injury which resulted in severe stenosis of his lumbar spine. He became a candidate for reconstructive surgery which thus far has not become necessary.
The Plaintiff was represented by Attorney Jack Hamilton and his case was resolved amicably at a mediation conference for $600,000.00.
$600,000Trip and Fall
Our client, a 62-year-old medical transcriptionist, went to a friend’s condominium complex for a visit. When she finished eating dinner on this particular occasion, it began to rain. This required her to depart through the front door and into an enclosed interior hallway. As she exited the front door, she stepped onto a small, carpeted threshold that intersected the common hallway. The carpet was identical to the carpet that adorned the hallway, and could only be described as a geometric, somewhat psychedelic pattern that created the optical effect that the threshold and the hallway were on the same level. As she entered the hallway, she failed to appreciate the seven-inch step from the threshold down to the hallway and as a result, she tripped and fell.
After she fell, she was initially treated for a suspected fractured kneecap and strained ligaments in her ankles. However, three months later, she began treating with her neurologist who had followed her for a prior 1993 automobile accident and he focused on her low back pain and increasing numbness and parenthesis in her right leg and calf. Due to the relentless nature of her radiating pain, she was referred to a neurosurgeon. After a lengthy series of failed back procedures, she had an instrumented spinal fusion.
Sam Cacciatore was able to obtain a settlement of $600,000.00.
The Plaintiffs were traveling northbound on John Rodes Boulevard in Melbourne when they were struck by the defendant, traveling in the opposite direction as he attempted to make a left-hand turn onto Dow Road. The defendant’s actions resulted in an angular, head-on collision with the plaintiff’s car. One plaintiff sustained a right knee dashboard injury resulting in patellofemoral pain syndrome, maltracting, and damage to the condylar tissue of the right knee. In addition, he sustained a stress fracture of the second metatarsal of the right foot, as well as bilateral shoulder injuries, including impingement syndrome regarding the left shoulder. The other plaintiff sustained a compression fracture of one of the vertebral bodies in her low back.
Nance Cacciatore with Sammy M. Cacciatore settled these cases collectively for $545,000 on the second day of the trial.
The Plaintiff was injured in a serious motor vehicle collision at the intersection of Sarno Road and Eau Gallie Blvd. in Brevard County, FL. At that time, a car owned by Bob Steele Chevrolet, Inc., ran the red light and struck the Plaintiff vehicle in her driver’s side door. The collision caused a separation of her right elbow and a fracture of her pelvis. She subsequently underwent surgery to repair the fracture of the pelvic ring and following that received a series of steroidal injections.
The Plaintiff was represented by Attorney Jack Hamilton and her case was resolved at a mediation conference for $500,000.00.
$470,000Negligent Maintenance of Power Pole Trial
Nance Cacciatore obtained a $470,000.00 verdict against St. Cloud Utilities for negligent maintenance of the power poles on U.S. 192 in the St. Cloud area when a vehicle crashed into a rotten power pole causing the line to fall. A 15-year-old boy’s arm was severely burned by the power lines.
The Plaintiff sustained an open bimalleolar right ankle fraction as well as a closed head injury and multiple lacerations and contusions in an automobile accident. The Plaintiff underwent irrigation and debridement surgery of her right ankle and an external fixator was applied. The plaintiff underwent three additional surgeries to her ankle due to the nonunion of the fracture. Unable to ambulate, she was confined to nursing facilities off and on for nearly a year following this serious accident. Ultimately she successfully graduated to a walker and hoped to be independent by eighteen months post-accident. Plaintiff’s medical bills totaled in excess of $155,000.00.
The Plaintiff submitted a written demand to State Farm Insurance Company on behalf of the Defendant providing them with all of the medical records and bills are known at that time. The bills totaled $97,000.00. State Farm was provided thirty days in which to respond to the demand and tender their limits of $100,000.00. Approximately two weeks later, the demand was supplemented with additional medical records and bills that now totaled $120,000.00. At no point in time did the adjuster on behalf of State Farm attempt to contact Plaintiff’s counsel regarding the demand. Meanwhile, the Plaintiff dispatched a similar demand to her underinsured motorist carrier, Amica, and supplemented that demand as well. Amica, within the time frame allotted by the demand, promptly tendered its limits. State Farm ultimately paid significant “extra-contractual” damages for their blatant “bad faith” handling of this claim.
The Plaintiff who was an owner of a condominium unit at Oceanwalk Beach Condominium in Indian Harbour Beach sustained serious and debilitating permanent injuries to his cervical and lumbar spine when the elevator within his condominium building malfunctioned. After entering the elevator on the 4th Floor, it descended very rapidly giving the plaintiff the feeling of “free falling” and without warning came to a very violent and sudden stop between the first and second floors. The force of the elevator’s motion and sudden stop knocked the Plaintiff to the floor and resulted in the immediate onset of pain. As a result of this elevator fall, the Plaintiff sustained multiple injuries including a herniated disc in his low back and several bulging discs in his neck.
Nance Cacciatore settled this case just before trial for $425,000.00 on behalf of his client.
$401 ThousandBrain Injury
The minor Plaintiff was a passenger on an ATV driven by a minor defendant. As the ATV being ridden by Plaintiff slowed down, it was rear-ended by a second ATV. The Plaintiff sustained traumatic brain injury but made a dramatic recovery. Attorney Jack Hamilton was able to make a recovery of $401,000.00 from the defendants’ homeowners insurance carriers, despite the fact that there was a significant legal issue as to whether ATV accidents were covered under either of those policies.
The Plaintiff was traveling northbound on Babcock Street in Melbourne when another vehicle traveling south on Babcock Street made a left-hand turn at Florida Avenue, causing the vehicle to collide with Plaintiff’s vehicle. The other vehicle was cited for violation of right-of-way. Liability was not an issue in this case. The Plaintiff sustained a cervical and lumbar injury requiring a two-level cervical fusion. The Defendant’s expert doctors argued that the Plaintiff’s injuries were not caused by the accident and alleged that no future treatment is necessary.
Prior to trial, the Plaintiffs would have settled for the $25,000 policy limits; however, the Defendant insurance company refused to settle. John N. Hamilton and Sam M. Cacciatore obtained a $354,632.67 verdict at trial for the Plaintiffs.
$335,000Van & Tractor Collision
The Plaintiff was one of five passengers in a Plymouth van that was rear-ended by a 1985 Peterbilt tractor that was “bobtailing”, or traveling without a trailer attached. The vehicles were traveling on S.R. 192 when the accident occurred near camp Holly on the St. John’s River in Brevard County.
The collision was quite significant. The Plaintiff was seated on the floor of the van as one of the seats had been removed prior to taking this trip.The Plaintiff suffered transverse spinous process fractures at L1 through L4 that were minimally displaced. In addition, two years before the trial, he began to develop a sporadic problem with a left foot drop phenomenon. However, all diagnostic studies performed to date were essentially normal.
While the defense expert, an orthopedic surgeon, testified that the Plaintiff had not suffered a permanent injury as a result of this accident, Nance Cacciatore’s expert physician disagreed.
The Plaintiff’s expert, a neurosurgeon, testified that the Plaintiff had indeed suffered a permanent injury as a result of this accident. It was his opinion that the Plaintiff would need updated MRI scans of his spine, as well as updated nerve testing of his upper and lower extremities. These would be done in an effort to pinpoint the source of his underlying radiating problems.
Nance Cacciatore received a verdict for the Plaintiff in the amount of $335,315.48.
$330,000RSD Automobile Accident
Plaintiff while driving in traffic was rear-ended by Defendant, forcing her vehicle to strike the vehicle directly in front of her. Defendant was charged with careless driving. The Plaintiff is a diabetic. Following this accident, she complained of neck and back pain in addition to right knee pain. Ultimately, she had arthroscopic surgery performed on her knee as well as a bilateral carpal tunnel procedure. Plaintiff also developed State I Reflex Sympathetic Dystrophy (RSD) in her left hand following one of her surgeries. She was diagnosed as suffering from chronic pain syndrome and was referred to an outpatient pain clinic for multi-disciplinarian care. She never returned to work following this accident. Defendant’s experts attributed most of Plaintiff’s medical problems to her pre-existing diabetes and also opined that her carpal tunnel syndrome and RSD were not accident-related.
Nance Cacciatore secured a settlement of $330,000 for this deserving client.
The Plaintiff was working at Honest John’s Fish Camp in Melbourne Beach, Florida when a Bradco Supply truck arrived at his place of business to deliver some aluminum roofing material. The Bradco Supply driver requested Plaintiff’s assistance in unloading the roofing material by hand instead of unloading this material with an available, functional forklift that was attached to the back of the delivery truck as was the company’s policy.
Prior to the unloading of this material, the Bradco truck driver provided no information or warning regarding the weight, physical properties, or other hazards associated with the handling of the material he was delivery nor did he offer or supply any gloves or other safety equipment to the Plaintiff during the unloading process. As the truck driver slid the material off of the side of the truck to the Plaintiff, he was unable to retain control over the surprising weight and unexpected flexibility of the metal roofing sheets. Plaintiff sustained a very serious right forearm laceration as the roofing sheets fell from the bed of the truck to the ground striking Plaintiff’s arm.
Nance Cacciatore obtained a settlement of $325,000.00 on behalf of his client.
$325,000Railroad Accident Settlement
Nance Cacciatore obtained a $325,000.00 verdict in a case against Seaboard Coast Line Railroad when an employee of the defendant was severely injured.
While at a local hospital, our client was valet parking his vehicle. As he exited his vehicle, he reached back into his car to get his cane, when the Defendant driver collided with the rear of the Plaintiff’s vehicle. Although it was a minor impact, the movement of the Plaintiff’s car after impact caused the Plaintiff to fall to the ground. The Plaintiff suffered a hip injury that required surgery.
Nance Cacciatore collected the policy limits from the at-fault party’s insurance company.
The Plaintiff was traveling southbound on US 1 near its intersection with Viera Boulevard in Rockledge, when the 82-year-old defendant, who was traveling northbound on US 1, turned in front of the Plaintiff and violated his right-of-way. The Defendant maintained $100,000.00 in bodily injury coverage for this accident. The Plaintiff’s treating physicians were recommending surgery for his neck injury. These medical records were continually being updated and supplied to the attorney for the defendant as well as their insurance company.
The Plaintiff underwent a cervical fusion. All records from the surgery along with the corresponding bills were forwarded to the defense lawyer as well as the insurance company. The defense finally tendered its $100,000.00. This was promptly rejected by the Plaintiff because of the alleged bad faith handling of this claim. Ultimately, additional counsel intervened on behalf of the insurance company and a resolution of all claims was achieved.
Nance Cacciatore settled this case for $225.000.00, $125,000.00 of which represented “bad faith” payments above the policy limits available to the Defendant.
$200,000Trip and Fall
The Plaintiff entered Brevard Job Link to conduct some business. Upon arrival, she was directed to take a seat and await the calling of her name. Unbeknownst to the Plaintiff, there was an electrical cord loosely draped across the carpeted floor and looped around the front of the chair she chose to sit in. The cord was largely camouflaged by the carpeted floor and was not apparent to Plaintiff as she waited for her name to be called. When Plaintiff was finally summoned to conduct her business, she simply stood up and took a step or two forward when her shoe caught the cord, causing her to fall to the floor.
After a visit to the emergency room, the Plaintiff saw a local orthopedic surgeon. His diagnostic studies revealed a severely protruding disk at L2-3 and surgery was recommended. She underwent back surgery.
Nance Cacciatore settled this case prior to trial for $200,000.00.
$200,000RSD Automobile Accident
The plaintiff was traveling eastbound on Eau Gallie Boulevard when she was hit on the passenger side of her vehicle by the underinsured, original defendant, Dolores Andrade. The original defendant admitted that she did not see the plaintiff’s automobile and violated her right of way. The original defendant maintained $100,000.00 in liability coverage with State Farm.
Approximately six months before the automobile accident, the Plaintiff slipped and essentially sat down on her left ankle. Shortly thereafter, an orthopedist performed an open reduction, internal fixation requiring the insertion of a screw on the inside of the injured ankle and a plate on the lateral side of the ankle. Roughly six weeks before the automobile accident, she was shopping in a grocery store when a child rammed a beginner’s shopping cart into the outer aspect of the affected ankle causing the plaintiff significant pain. However, her surgeon testified that she enjoyed a complete recovery from this altercation and by all means never manifested signs or symptoms consistent with Reflex Sympathetic Dystrophy.
Following the automobile accident, she presented to the emergency room with complaints of a contusion to her left ankle. Apparently, during the collision, her foot hit the door and/or brake pedal.
Due to persistent pain two months after the accident she began treating with a local orthopedist. Dr. Bittar initially diagnosed her as suffering a contusion of the ankle and prescribed physical therapy. Three months post-accident she began her course of physical therapy and the therapist was the first to concern himself with the possible diagnosis of Reflex Sympathetic Dystrophy.
Her symptoms continued unabated in spite of the efforts of multiple medical doctors and physical therapists.
The plaintiff had multiple compulsory medical examinations the first of which was at the behest of her PIP carrier. This orthopedist confirmed that she had RSD. The original defendant’s carrier, State Farm, sent her to another local orthopedist who testified that his physical examination failed to reveal RSD. State Farm secured an additional compulsory medical examination with an orthopedist in Orlando. This physician stated in his first report that she quite possibly had RSD, but he would recommend additional diagnostic studies, including a bone scan to confirm this finding. Following that examination, State Farm tendered its $100,000.00 in liability coverage.
Nance Cacciatore secured a settlement of $200,000.00.
A $195,000.00 Judgment was collected by Nance and Cacciatore in November of 1973 after 5 appeals against Greyhound Bus Corporation for the wrongful death of the operator of a mosquito fogging machine after it was struck by a bus. This lawsuit ultimately resulted in the seizure of 10 Greyhound buses by the late Sheriff Lee Wilson pursuant to the Court Order and payment of the Judgment.
$85,000Economic Damages without Permanent Injury
In 1991 Jack Hamilton obtained an $85,000 verdict for the plaintiff who had been injured in an auto accident. The jury found no permanent injury – and therefore no money for pain and suffering – but awarded $85,000 for economic damages (medical bills and lost wages). The defendant's insurance company Allstate appealed and attorney Jack Hamilton argued the case before the 5th District Court of Appeals. The appellate court affirmed the verdict and the judgment, making Florida law history. This was the first case the held that a plaintiff can still collect economic damages without there being a permanent injury. This holding has since been adopted by the Florida Supreme Court and is now the law of the land.
Confidential SettlementTractor-Trailer Accident
A wrongful death lawsuit was successfully settled during mediation. The suit was filed on behalf of the two surviving sons of the Plaintiff. The Plaintiff, her husband, and two young sons were driving their Nissan truck on I-295 near Jacksonville when the rear end locked up, causing the truck to spin out of control and hit a tractor-trailer. The passenger door flew open and the Plaintiff was ejected and killed.
The week of the accident, the Plaintiff’s husband took the truck to the Nissan dealership in Duval County for service when he heard a whining noise in the rear end. When he picked up the truck the day before the wreck, the dealer’s mechanic, who performed the work, said that he had filled the truck with fluids and had test-driven it. However, immediately after the accident, there was no fluid in the differential and the odometer indicated that the truck had not been test-driven.
Nance Cacciatore alleged that the Nissan truck had both design and manufacturing defects and was not serviced properly by the dealer. Specifically, the accident was caused when differential fluid got out through the front pinion seal. The lawsuit stated that the dealer’s mechanic neither adequately repaired the truck nor warned the Plaintiff not to drive it until a new differential, which had been ordered, was installed.
Nance Cacciatore hired metallurgical experts from the University of Florida to conduct extensive tests on the truck, including the use of an electron scanning microscope, to show that the fill plug and drain plug had not been removed by the mechanic to fill the differential with fluid. A mechanical engineer, an accident reconstructionist, and an economist rounded out the expert team.
Confidential SettlementSlip & Fall
The Plaintiff was a patron in a local BBQ restaurant. As she was walking to the counter, the Plaintiff slipped and fell to the ground suffering severe injuries. Her medical treatment included orthopedic surgery on her knee, as well as extensive physical therapy. After several years of litigation, S. Sammy Cacciatore was able to negotiate a settlement at mediation.
Policy LimitsDog Bite
While walking around the block with her son, the Plaintiff was attacked by a pit bull. She suffered a bite to her hip as she was trying to fend off the dog and getaway. Nance Cacciatore was able to collect the limits of the coverage under the dog owner’s home insurance policy.
Confidential SettlementDefective Chain
The Plaintiff purchased a welded chain from a major retail distributor. The chain was being used by Plaintiff to put tension on a tractor to help remove it from “sugar sand”. While using the chain, a weld broke and a portion of the chain whipped back, crashed through the cab of the tractor, ultimately hitting the Plaintiff in the face. He suffered facial lacerations, orbital injuries, broken facial bones, cracked teeth, and neck injuries. The distributor of the chain denied liability and forced a suit to be filed. Multiple experts, including metallurgists and heavy equipment operators, were hired by both sides. The Plaintiff’s expert x-rayed the chain and determined that there were multiple incomplete “cold” welds. The case was heavily litigated and set for trial. Just a few weeks before the trial, Jamie Nance was able to effectuate a settlement for the client.
Confidential SettlementExploding Soda Can
While at the cash register checking out, a soda can exploded in the Plaintiff’s face. This caused injuries to her eyes and orbit area. Nance Cacciatore settled the case prior to trial.
Confidential SettlementDefective Clothes Dryer Switch
The Plaintiff, who was doing laundry as normal, opened her dryer door and began to reach into the dryer to retrieve her clothes. As she reached in, the dryer switch (that shuts the machine down when the door is open) failed, causing the dryer to continue to spin. One of the articles of clothing wrapped around the Plaintiff’s arm and pulled her partially into the dryer. She suffered injuries to her hand, wrist, elbow, and shoulder. Nance Cacciatore handled the case. An x-ray machine was brought in from Jacksonville to test the switch. After test results were revealed to the Defendant Corporation, negotiations began. Nance Cacciatore was able to obtain a settlement for his client that paid her medical bills, provided her money for any future medicals, and compensated her for the pain/suffering she experienced.
Undisclosed SettlementDrowning in Retention Pond
On March 19, 2000, a four-year-old boy drowned in a wet retention pond constructed on a residential apartment project site known as Harvard Apartments in Melbourne, Brevard County, Florida. The decedent and his mother lived in an apartment complex immediately adjacent to the retention pond.
The Plaintiffs alleged that the pond created a hazard as it was over-dug, failed to comply with the sloping requirements of the City of Melbourne and St. Johns Water Management District, and was not fenced per applicable code. The defendants denied the pond was noncompliant with applicable sloping requirements and further alleged that the plaintiffs were comparatively at fault for the incident due to the failure to supervise their child. Nance Cacciatore settled the case prior to trial.
Confidential SettlementSlip and Fall
The Plaintiff was exiting a well-known gas station chain when she slipped in a puddle of water and severely injured her knee. It was discovered that the drink cooler was leaking water directly into the area of ingress and egress. Because of the color of the flooring, the Plaintiff could not see the water. Nance Cacciatore obtained a settlement at mediation.
Confidential SettlementSlip and Fall
The Plaintiff was exiting a hospital heading to her car. As she stepped onto a newly paved area, she slipped and fell to the ground. She suffered injuries that resulted in medical bills in excess of sixty-thousand dollars. Prior to Nance Cacciatore getting involved in the case, the property owner removed the pavers and resurfaced the area. This made the case extremely difficult. However, Nance Cacciatore was able to effectuate a settlement prior to trial.
Confidential SettlementChild Drowning
Nance Cacciatore represented the family of a toddler that drowned in a retention pond behind his parent's Jacksonville condominium. The Plaintiff made allegations that included: the sloping of the pond was not compliant with local ordinances; there was not adequate fencing; the sandy “beach” was an attractive nuisance; and that the complex failed to repair the child safety lock on the main door after numerous requests by the mother. Until the end, the Defense maintained the position that the complex did not contribute to the child’s drowning and that the mother was one-hundred percent responsible.
Nance Cacciatore successfully obtained a settlement for the family, the terms of which were confidential.
Confidential SettlementLack of Care
The Plaintiff, who suffered from quadruapliga from a prior incident, was admitted to a full-service nursing home facility. While a resident of the nursing home, the Plaintiff developed a severe Class IV decubitus ulcer in the right ischial area due to the nursing home staff’s failure to properly turn and/or alter the Plaintiff’s body position. As a result of this lack of care, the Plaintiff required surgical debridement of the decubitus ulcer as well as a flap reconstruction surgery. The Plaintiff did have a known history of prior development of pressure ulcers and flap reconstructions.
The case settled for an undisclosed amount prior to trial.
Confidential SettlementFailure to Supervise & Protect
A local nursing home failed to provide adequate and appropriate healthcare and protective and support services to an elderly resident who suffered from Alzheimer's and was known to be at high risk for falls. In the course of litigation, it was shown that this nursing home resident had sustained numerous prior falls that had been both documented and undocumented. The nursing home failed to take proper and appropriate steps to protect this nursing home resident from falls and to prevent the incidents from occurring. The nursing home further failed to properly assess and treat the resident for a serious injury to her left leg. The left leg injury, which was finally assessed and treated after numerous failed attempts by the resident’s daughter to get the nursing home staff to provide care and treatment for the resident, turned out to be a distal left femur fracture.
Nance Cacciatore represented Plaintiff in this case brought against the nursing home for failure to properly supervise and protect the nursing home resident as well as for the failure to properly diagnose and treat this obvious injury. A settlement was reached in this case for an undisclosed amount prior to trial.
Confidential Settlement AmountBicycle Injury
The Plaintiff was riding his bicycle on the sidewalk along Wickham Road. The Defendant, while exiting a parking lot, pulled his SUV out into the path of the Plaintiff. The Plaintiff’s bicycle struck the side of the Defendant’s vehicle. The Plaintiff suffered injuries to his head, face, mouth, shoulders and neck. The Defendant retained physicians to say most of the Plaintiff’s injuries were unrelated to the accident.
All along, the Defendant denied liability, arguing that the Plaintiff was traveling too fast, unlawfully riding on the sidewalk and that the Defendant’s view was obstructed. Prior to filing the lawsuit, the Plaintiff only requested that the Defendant pay his outstanding medical bills – this was rejected by the Defendant and his insurance company. After filing the lawsuit and aggressively proceeding towards trial, Nance Cacciatore settled the case for a value more than five times the pre-suit offer.