Many of our largest settlements include a confidentiality provision which prohibits their disclosure on our website. The following is a recent sampling of verdicts and settlements which are a matter of public record and not subject to confidentiality provisions.

We are most proud of cases where we have achieved results greatly exceeding the amount of stated insurance coverage or so called "final offers".

Automobile/Tractor Trailer Accidents

“Television Actor rear ended by a commercial van-cervical injury-aggravation of pre-existing condition”

(Pretrial offer of $75,000 - Verdict $872,249.46)

Defense argued that Plaintiff’s long standing pre-existing cervical condition was the reason for his treatment and eventual surgery and that he earned more money in the years following this collision. At trial attorney Howard Butler used a multi-media presentation to diffuse the defense’s arguments and demonstrate the aggravation and significant loss of earnings capacity resulting from this collision.

*See PowerPoint Presentation, Verdict Form

"Howard G. Butler obtains 14 times the carriers policy limit in auto collision case involving back surgery"

($25,000 policy limit - $350,000 settlement - Bad Faith)

Allstate Insurance insured an adverse driver whose negligence injured a female client such that her physicians recommended surgery. A pre-suit demand was made for policy limits of $25,000 to which the carrier responded with an offer of $12,500. Howard G. Butler Esquire filed suit alleging bad faith handling of the claim for failing to timely pay its' policy limits when it could have and should have under the circumstances. Following mediation the case settled for 14 times the policy limits.

“Motorist forced off of road by tractor-trailer changing lanes causing multiple fatalities.”

($600,000.00 pretrial settlement)

Because no impact occurred between the tractor-trailer and the Plaintiff’s vehicle, the driver of the tractor-trailer did not stop and continued driving some 40 miles away from the accident scene. Defendant driver claimed he was unaware of the accident. Only upon having to stop in traffic was an eyewitness to the collision able to obtain identification information which allowed Plaintiff’s counsel to determine the ownership and identity of the at-fault truck. During litigation, it was determined that the driver was in violation of numerous State and Federal regulations. Further, investigation and reconstruction of the collision revealed that the Plaintiff’s vehicle was apparently in the “blind spot” of the tractor-trailer when the truck cut over into the motorists’ lane. The case involved two adult children who brought a claim as a result of the death of their 83-year old mother.

“Rear End Collision – Ankle Injury"

($75,000 offer – Settled during trial $275,000)

Plaintiff, a 51 year-old male had worked in management at UPS for 26 years. While traveling to work one morning he was rear ended and knocked into the vehicle in front of him. He injured his neck, low back, left knee and ankle. Although his neck and back improved, the knee and ankle conditions progressively worsened over time eventually leading to ankle surgery and early retirement. The defense contended that the Plaintiff voluntarily retired four years after the accident and that his excessive weight (300+ pounds) was the cause of his problems. After 3 mediations the maximum offer was $75,000. The case went to trial and Howard Butler, Esquire, of Ossi, Butler, Najem & Rosario settled the case for $275,000 on the third day.

“Non surgical pelvic fracture and emotional trauma”

(Settlement $500,000)

43-year-old Plaintiff was traveling northbound on I-95 heading to Orange Park to go Christmas shopping and purchase some antiques for his newly acquired business. At that time a tractor-trailer struck a car crossed over a grass median and mowed down multiple cars before striking the Plaintiff’s van. The Plaintiffs physical injuries were modest as compared to many others so a great deal of attention went into establishing the enormous emotional trauma he experienced. A comprehensive investigation and intense litigation established egregious conduct on the part of the driver and trucking company such that the court determined that a basis for both compensatory and punitive damages had been demonstrated. Howard Butler, Esquire resolved the case prior to trial.

*David Stansel accident scene photos

“Client initially determined to be at fault in tractor Trailer collision wrongful death”

(Settlement $800,000)

28-year-old married father of two was killed when his car was struck on the driver’s side by a tractor-trailer. Authorities initially determined that Plaintiff was at fault for the collision and the claim was denied. Discovery revealed that the tractor-trailer driver received no defensive driving training, was taking 8 kinds of medication and improperly braked using a hand control valve which substantially contributed to the collision. Computer animation prepared by Howard Butler, Esquire and accident reconstruction experts demonstrated that the collision should not have occurred.

*Webber Computer Animation
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Premises Liability

"Inadequate Security and Defective Alarm System"

($26,900,000 Verdict)

Plaintiff, a female bank teller, was shot and left paralyzed during a robbery. Extensive pre-trial investigation and work with a nationally renowned jury consultaant led to a winning defective alarm system theory. Ray Bodiford in consultation with Howard Butler participated in mock jury sessions prior to Bodiford and and a partner going to trial in Lake County Florida.

“Husband and Father of 3 killed during convenience store robbery”

($1.5 million dollar settlement)

Plaintiff, a 36-year old male had worked for a privately owned convenience store for approximately 6 years. While working one afternoon, the store was robbed by two assailants. During the robbery the Decedent was shot and killed as he stood behind the register. Discovery revealed that notwithstanding multiple criminal incidents within the adjacent neighborhood, the cash register enclosure did not include bulletproof glass, a cash drop box, appropriate surveillance cameras or a hidden alarm, all in violation of applicable state statutes. Also, the insurance carrier for the owner of the store denied insurance coverage and Plaintiffs were forced to seek declaratory relief concerning insurance coverage. During the litigation of both cases, the Defendants requested a mediation and on behalf of the widow and three children, a policy limits settlement was obtained.

“Fall from Ladder during Training Exercise"

(Multiple Fractures - $1 Million Settlement (Policy Limits))

Plaintiff, a 24-year-old wife and mother, had spent nearly five years preparing for a career as an EMT/Paramedic. She had worked at Baptist Beaches Medical Center and attended classes’ part time as she obtained the various certifications necessary to realize her dream employment. Duval County paramedics are required to complete basic firefighter training in order to ride rescue so she registered for the Basic Firefighting Course (Minimum Standards Class) being taught at St. Augustine Technical Institute in St. Johns County. Many of the students had no experience whatsoever in ladders, ropes or other basic firefighting techniques.

During the students very first ladder training exercise they were directed to wear full bunker gear and taken to a nearby field. There a number of students were ordered to retrieve and carry a 35 foot, 175 pound ground ladder to a designated spot where it was to be suspended straight upward using four ropes tied to the top of the ladder for support. Two students were placed at the base of the ladder and one student on each of the four ropes while students took turns climbing up and over the top of the ladder in their 25-pound bunker gear. During Plaintiff’s climb, 2 males were holding the ropes on one side and 2 females on the other side. One of the females was approximately 5’2” and 100 pounds. Not surprisingly, the smaller female student was unable to hold the additional weight and the ladder fell causing multiple high impact injuries to Plaintiff as she fell and struck the hard ground.

Liability (Fault) was denied and a lawsuit was filed by Howard Butler of Ossi, Butler, Najem & Rosario. Discovery revealed that the head instructor was aware that this advanced, controversial and dangerous maneuver served no practical purpose but chose to include it in the curriculum so as to “build confidence.” Investigation revealed were no safety nets, padding or any type of designated safe landing area utilized. In fact there were numerous potential hazards within striking distance of the designated location for the subject ladder.

The case ultimately settled for the policy limits of $1 million.

*Raley Moore PowerPoint Slides

Female Customer Trips on Unsecured skateboard left in aisle of toy store

(Pretrial offer of $125,000 - Multiple injuries verdict $925,189.97)

Defense argued that store was not negligent, that the accident was a result of Plaintiff’s negligence and that her injuries, if any, pre-existed the fall. Offer $60,000. Howard Butler, Esquire, of Ossi, Butler, Najem & Rosario took the case to trial. Evidence presented established that Defendant’s policy regarding skateboards was unreasonably dangerous and that Plaintiff’s view of skateboard was “camouflaged” in the store’s environment. Numerous medical exhibits were used to prove a substantial aggravation of pre-existing conditions and loss of quality of life.

*Schmoldt PowerPoint, Verdict Form and Jury Verdict Reporter Summary

“Plaintiff’s trip and fall at local restaurant results in development of RSD in lower limb”

(Settlement - $725,000.00)

Plaintiff was injured when she tripped and fell as she was descending a small stairwell located within a restaurant owned by a national chain. As she was descending the stairs, her foot became caught on a piece of protruding molding. The fall resulted in a sprain of her knee and ankle. This condition worsened and the Plaintiff ultimately developed reflex sympathetic nerve dystrophy (RSD) in the lower limb. At the time of the incident, the Plaintiff was employed by a local company working in the information technology department where she was a highly respected long time employee. Because of her injuries, she was unable to continue with her employment.

During the course of discovery, it was determined that the restaurant had known of the previous problems concerning stair molding and Plaintiff’s experts had determined that the stairwell violated multiple aspects of local building codes. The defense claimed that the Plaintiff had a propensity to fall as she had fallen some three times within the previous 3 years causing injury to her lower limbs. Also, the defense argued that the Plaintiff was comparatively negligent in not noticing a defect in the molding and was the only individual who had fallen notwithstanding that 8 to 10 of her co-employees had descended the stairwell along with her. As a result of multiple mediations, a settlement was obtained.

Traumatic Brain Injuries

"Mild but significant traumatic brain injury from automobile accident"

(Pretrial offer $10,000 - Verdict $260,000)

A Minnesota family was on vacation in Orlando, FL when their rental vehicle was broad-sided causing the female front passenger to strike her head on the A-pillar. A CT scan was recommended but not obtained at the emergency room. Plaintiff continued to have headaches and memory issues but an MRI of the brain was normal. The liability and uninsured-motorist carrier denied liability and took the position that there were no significant injuries. Howard Butler Esquire and Raymond Bodiford Esquire presented evidence from nationally renowned experts in neurology, bio-engineering, radiology and neuropsychology as well as testimony from plaintiffs' co-workers regaring the effect of this mild but significant brain injury. At mediation the liability carrier tendered its' policy limits of $100,000 but the UM carrier chose to make a nominal offer and proceed to trial on liability and damages. A jury found them 100% liable and assesed the loss at $260,000. A bad faith claim is currently pending.

"Optic (Eye) Nerve Injury from automobile accident resulting in partial visual disturbance"

($325,000 Settlement)

A Cape Canaveral employee was involved in a frontal impact auto collision caused by an adverse driver. As a result he experienced headaches and double vision in one eye. According to his physician he sustained an injury to the optic nerve. The adverse carrier claimed that there was no optic nerve injury and made a minimal settlement offer. Suit was filed and Howard G. Butler and Raymond Bodiford eventually settled this claim following mediation.

Drunk Driving

“Drunk Driver Hit & Run – Non Surgical Herniated Disks”

(Pretrial offer of $60,000 - Verdict $794,220.65 compensatory & punitive damages)

Plaintiff, a 45 year-old black female and her two passengers were traveling on I-95 when they were struck in the rear by another vehicle, spun around and slammed into a guardrail. They watched in horror as the other driver drove off without regard for the injured. Fortunately some good samaritans followed the hit and run drunk driver and identified her to authorities. Unfortunately, the Florida criminal system did nothing other than temporarily suspend the impaired driver’s license. Howard Butler of Ossi, Butler, Najem & Rosario conducted a comprehensive out of state investigation which revealed that the Defendant had been involved in prior collisions while impaired and had fled the scene on a prior occasion. Howard Butler, Esquire traveled to South Carolina and deposed witnesses, victims and authorities for use at trial in Florida and ultimately obtained a verdict ten times the previous offer.

* Ezzard Verdict Form and Jury Verdict Reporter Summary

Auto Defects Liability

Rollover/Seatback Failure – confidential seven figure settlement obtained by Howard G. Butler for a young military man ejected from SUV following a foreseeable rear end collision. Experts in vehicle design safety, vehicle handling, occupant restraints, forensic investigation, warnings and life care planning were utilized to overcome various defenses.

Airbag’s Failure to Deploy - wrongful death – $750,000 settlement obtained by Howard G. Butler and Raymond Bodiford against a major manufacture following a survival frontal impact with the back of another vehicle resulting in the death of a 78 year old married man.

Airbag Inadvertent Deployment – confidential settlement against a major auto manufacturer for a neck/shoulder injury caused by an airbag deploying after car hit a piece of tire scrap on the roadway.

Roof crush – confidential (high six figure) settlement against a major auto manufacturer for a young male who suffered a serious orbital eye injury when the roof of his pickup truck collapsed during a foreseeable collision and rollover.

E-coli Outbreak

“E-coli bacteria transmitted to children at petting zoo during fair”

(Confidential Seven Figure Settlement)

The firm recently represented a six-year old Plaintiff who became very ill after attending a petting zoo operating at a festival in Hillsborough County, Florida. The petting zoo had traveled to two prior venues at which children and other were allowed to pet, feed, and interact with cows, sheep, and goats. Approximately 22 individuals became ill subsequent to attending the petting zoos. The minor Plaintiff developed hemolytic uremic syndrome (HUS) requiring an extensive hospital stay, dialysis and multiple surgeries. The medical bills incurred by the family totaled in excess of $500,000.00. It is anticipated that as a result of this litigation, Ossi, Butler, Najem & Rosario will have an active role in promulgation and passage of legislation designed to protect Florida families from the transmission of bacteria from animals to people.

As a result of this litigation and the outbreak, the CDC and other governmental bodies have issued appropriate guidelines and other warnings alerting consumers of the risks associated with E. coli and other animal born bacteria. The firm has taken an active role in education of the public as well as assistance to other law firms and attorneys nationwide who have involvement in cases involving E. coli outbreaks from animals and within the food supply. Recently, other outbreaks have included recalls of fresh spinach, lettuce, and ground meat.

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.