Case Results
The Local Firm That Gets Results
We help people throughout Brevard County and Central Florida
fight for the compensation they deserve after an accident.
Alpizar Law has recovered Millions for our clients.
Our Record of Success
A lot of our clients come to us after trying to deal with the insurance company themselves. Guess what? They’re stressed out and frustrated with the entire process.
An experienced personal injury attorney knows how to properly value your claim, deal with the insurance company, and get you the money that you deserve so you can focus on what’s most important: recovery.
Alpizar Law has a long history of getting results.
Notable Cases
The settlements that a personal injury law firm achieves for its clients are often used to measure success. However, this does not accurately reflect the extent of the injuries, pain and suffering that a victim has experienced.
Sometimes, when a settlement appears to be sizable, it doesn’t fully cover a person’s medical expenses, loss of future income, or loss of a loved one.
We advise choosing a law firm you can trust and put your confidence in, instead of judging a law firm based solely on numbers alone.
Jones Act Maritime Injury Claim
Seaman Injured Working on Barge Over Intracoastal Waterway
Our client sustained a left leg fracture on the job while employed as a carpenter for a marine construction company in St. Augustine, Florida. This led to a myriad of health complications which required 24/7 care.
After 3 unsuccessful mediations, John Alpizar negotiated a lump sum settlement.
Truck Accident
Moran Family v. Certilawn Sod Service Co. & Zurich Insurance Co.
As our client drove to work one morning, a tractor-trailer pulled in front of him. He collided with the truck and the entire cab of his pickup truck was crushed. He had suffered significant brain injury and entered a permanent coma.
His family relied on our investigation to identify the parties at fault and prove their accountability.
Wrongful Death
Trucking Company Pays For Settlement of Wrongful Death
While traveling northbound on I-95, our client was struck and killed by a box truck owned by a South Florida trucking company that transported hazardous materials.
Electronic data was uncovered that showed a pattern of misconduct on the part of the driver that the company knew or should have known about.
Additional Case Results
(Click on a case below for detailed information)
Kimberly Ann Sharkey and Brian Lee Davis as guardians of Spencer Brian Davis v. Sebastian River Medical Center, Blaine Lake, MD, et al (Medical Malpractice)
Basel V. McFarland Trucking Company (Trucking)
Basel was a passenger in a car that stopped on I-95 in Titusville, when shortly thereafter, an 18-wheel truck collided with the car, killing the driver and very seriously injuring Basel. Our firm undertook an investigation of the accident to determine who was responsible. This included reconstructing the accident in the middle of the night, as it had occurred. The information found in this examination helped determine visibility issues and other contributing factors.
Our firm also discovered that the truck driver was not qualified to drive big rigs, and had never been properly trained. He had also been speeding at the time of the accident, and he had taken his logs from his truck and destroyed them. Basel was employed and healthy prior to the accident, which left him unable to work or care for himself. After a two-week trial, a jury in Brevard County returned a verdict in Basel’s favor, and he was awarded $6,669,000. Basel now lives in a supervised adult care facility, where he has 24-hour supervision and assistance. This verdict enables Basel the long term care that he needs.
Jane Doe v. State Farm Insurance (Insurance Bad Faith)
On June 20, 2006, the Plaintiff was headed southbound on Wickham Road in Melbourne, Florida, when her vehicle was struck from behind by an uninsured/underinsured motorist and suffered serious injuries. Fortunately, the Plaintiff carried uninsured/underinsured motorist coverage on her own insurance policy to protect herself. Unfortunately, the insurance company refused to pay the Plaintiff the benefits she was entitled under the policy for which she paid premiums.
As a result of the accident, the Plaintiff sustained an injury to her brachial plexus, which resulted in a very unique and serious condition called Reflex Sympathetic Dystrophy (RSD). This condition left her with significant and permanent loss of use of her left hand and arm, as well as tremendous constant pain due to this nerve injury. There are limited treatments for RSD, and the Plaintiff’s symptoms are managed by a permanently installed device that releases pain medication on a regular basis. Prior to the accident, she was the manager at a well- established local meat market.
The Plaintiff’s attorneys at Alpizar Law, LLC filed suit against the insurance company in Brevard County, Florida. After a four-day trial, a Brevard County jury awarded the Plaintiff $4,650,000.00 in damages.
J. Doe Family v. Trucking Company & Driver (Trucking and Wrongful Death)
A woman was driving her pickup truck with her husband in the passengers seat and children in the back seat in Newberry, Florida. The defendant was driving a 70,000-pound dump truck, and ran a stop sign, slamming into the side of the pickup truck. Her husband was killed instantly, and she and her children suffered multiple injuries. Through careful investigation, it was discovered that the truck driver had an extensive driving record and should never have been hired to drive a commercial truck. Also, the trucking company had not properly maintained the dump truck. The insurance carrier agreed to settle out of court in this wrongful death auto accident case, for $2, 900,000.
Cruz v. Mercury Insurance Company of Florida (Insurance Bad Faith)
Attorney’s John Alpizar and Scott Alpizar secured a $2,426,951.88 verdict in Seminole County Circuit Court on June 13, 2018, for a Merritt Island man who was seriously injured in what was described as a catastrophic crash.
Aurelio Cruz, 68, was driving a Ford Windstar minivan northbound on Chuluota Road on his way to work when a white pick-up truck heading southbound came across traffic directly in front of Mr. Cruz. Mr. Cruz slammed on his breaks, but could not avoid the horrific collision. Both Mr. Cruz and the at-fault party had to be extricated from the vehicles, and Mr. Cruz was transported to Orlando Regional Medical Center as a trauma alert. “Many of Mr. Cruz’s treating physicians testified he was fortunate to survive this crash,” said Attorney Scott Alpizar.
Mr. Cruz spent five days in the hospital where he was diagnosed with post-traumatic vertigo, left scapular fracture, five fractured ribs on the left side of his body, a grade II lacerated spleen, severe right ankle sprain, chest wall injury, and abdomen injury. Mr. Cruz also injured his low back requiring surgery in the future, a left brachial plexus injury resulting in denervation and atrophy of his left shoulder muscles, carpal and cubital tunnel injuries requiring surgery, a frozen left shoulder with multiple rotator cuff tears requiring surgery in the future, and a neck injury resulting in a four-level fusion.
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Six months prior to the crash, Mr. Cruz had undergone a two-level neck fusion that was still in the healing phase when this crash happened. “Mr. Cruz was well on his way to recovering from the first neck surgery when this crash happened, and the only people who didn’t believe that was Mercury Insurance Company,” said Alpizar. Mr. Cruz gave the Defendant, Mercury Insurance Company of Florida, the opportunity to settle his case for $500,000.00 just two weeks before trial, and Mercury Insurance Company of Florida declined.
The trial of Aurelio Cruz v. Mercury insurance Company of Florida, began Monday, June 4, 2018 and was heard before a six-member jury. The jurors deliberated two and a half hours before delivering the $2,426,951.88 verdict. The award included $297,520.88 for past medical expenses, $538,566.00 for future medical expensed, $229,954.00 for past lost wages, $61,511.00 for future loss of earning capacity, $499,500.00 for past pain and suffering and $800,000.00 for future pain and suffering.
Cataldo v. Health First, Inc. (Trucking)
Cheryl Cataldo was driving her Toyota Corolla on State Road A1A near the intersection of Coconut Drive in Melbourne, Florida, on the morning of September 23, 2005, when she was rear-ended by David S. Ori who was driving a delivery box truck, a company vehicle for First Health Inc. of Brevard County. As a result of the accident, Ms. Cataldo, 47, sustained serious and permanent neck injuries, which resulted her having to undergo a multi-level neck fusion surgery. Her treating doctors have also advised that she will require ongoing regular therapy, as well as additional surgery to her neck in the future. In addition, the devastating injuries left her incapable of continuing her employment as a dental hygienist, a career that she had enjoyed for the preceding 8 years. After a two week trial, a Brevard County jury awarded Ms. Cataldo $2,052,434.14.
In our 2010 Newsletter, it was reported that a woman from Indialantic, Florida was awarded $2,052,432.14 by a Brevard County Jury for injuries that she suffered in a 2006 motor vehicle crash. Following the verdict, the Defendant filed an appeal to the Fifth District Court of Appeals in Daytona Beach, Florida. On June 29, 2012, the Appellate Court rendered a Decision upholding the verdict against the Defendants. The Defendants in this matter were still not convinced to pay the jury verdict and filed a Motion for Re-Hearing with the Appellate Court on July 27, 2012. The Fifth District Court of Appeals denied the Motion for Re-Hearing on August 2, 2012.
Garrett v. USAA Insurance (Insurance Bad Faith)
On September 25, 2008, Jon Garrett, a 16-year old Satellite High School student, was on his way to a swim meet in Melbourne. He was stopped at the intersection of Babcock Street and Bulldog Avenue in Melbourne, Florida, in a line of traffic, when he was violently rear-ended by a 2001 Ford pick-up truck. As a result of the impact, the 1991 Toyota Celica that Jon was operating was rendered a total loss. As a result of the crash, he was seriously and permanently injured, suffering a disc herniation in his neck and his back.
Prior to the time of the crash, Jon was a healthy and very active high school student. His primary interest was competitive swimming with aspirations of receiving a Division 1 university swimming scholarship. He was a varsity swimmer at Satellite High School and was also highly ranked both in the State of Florida and nationally.
The serious spinal injuries caused significant pain and limited Jon’s ability to move his neck and perform the motions required for swim strokes and ultimately ended his pursuit to swim competitively and pursue a Division 1 swimming scholarship.
Unfortunately, the driver of the pick-up only maintained $100,000.00 in bodily injury liability coverage. It became clear very early that Jon’s injuries were very serious and the amount of liability insurance would not be sufficient to cover the full extent of his injuries.
As a result of the verdict and ruling of the Appellate Court, Jane Doe was entitled to not only the amount of the verdict but also attorney’s fees and costs associated with the initial trial and appeal. The case has been finally resolved after more than 3 years of litigation. The Defendant paid almost $2.8 million dollars after payment of the initial verdict together with interest, costs and attorney’s fees.
GEICO Pays $1.7 Million Jury Verdict (Auto Accident)
On March 5, 2005, Mrs. Batchelor was traveling eastbound on State Road 192, in the area near the Melbourne Square Mall. At the same time, Lou Ann Arnold pulled out of the Checkers Restaurant on the south side of State Road 192 into the path of Mrs. Batchelor’s vehicle, causing the crash. Mrs. Batchelor sustained significant injuries including disc herniation’s of the lumbar spine and thoracic spine. She came under the treatment of Gary Weiss, M.D., a board certified neurologist, in Palm Bay, Florida and Charles Theofilos, M.D., a board certified neurosurgeon, in Palm Beach Gardens, Florida. Dr. Theofilos opined that Mrs. Batchelor would require surgery to correct the disc herniation’s in her lumbar spine in the form of a fusion. On June 30, 2005, a settlement offer was submitted to the Windsor Insurance Company, the liability carrier for Lou Ann Arnold, offering to settle the claim for the available bodily injury coverage of $10,000.00. At the same time, a settlement offer was also presented to the underinsured motorist carrier for Mrs. Batchelor, the GEICO Casualty Insurance Company, for the $30,000.00 in uninsured motorist coverage. The Windsor Insurance Company properly evaluated the claim and tendered the $10,000.00 in bodily injury liability coverage.GEICO failed to act fairly and in the best interest of their insured and a formal complaint was filed with the Florida Department of Insurance for GEICO’s unfair claims practice.
Even with the filing of the Civil Remedy Complaint, the GEICO Casualty Insurance Company failed to correct the situation within sixty (60) days, and a lawsuit was filed against GEICO. The matter was tried before a jury in Brevard County, resulting in a verdict in favor of Mrs. Batchelor in the amount of $1,792,674.84.
Martinez v. Cape Canaveral Cruise Line (Maritime)
Our client, a cruise ship worker, was injured when a fellow crew member threw a laundry bag weighing approximately 80 pounds over a railing. It struck our client on the head and knocked him to the floor. He suffered severe trauma and after more than $300,000 in medical bills, was left with permanent speech and swallowing disorders.
The cruise line denied having available insurance coverage due to bankruptcy proceedings that were underway. Our firm revealed that coverage did exist, and on the morning that a trial was set to begin, the cruise line settled for $1,760,000.
Doe v. Driver
Auto Accident
On January 9, 2008 Mr. John Doe was injured in a motor vehicle accident on State Road 436 and Beau Barton Place in Orlando, Florida. Mr. Doe was stopped in traffic at a red light when his vehicle was rear ended. As a result of the collision, Mr. Doe suffered significant low back injuries. MRI studies confirmed that he sustained multiple disc herniations.
In August 2009 Mr. Doe underwent surgery in the form an extraforaminal decompression discectomy at L5-S1 and a right endoscopic foramenoplasty/facetetomy at L5-S1. When his condition failed to improve, he sought the opinion of board certified orthopedic surgeon in Melbourne, Florida. This physician performed an anterior lumbar discectomy and fusion at L5-S1.
At the time of mediation, Mr. Doe’s medical expenses were approximately $215,000.00. A couple weeks before trial was set to begin in Orlando, the insurance company paid $1,600,000 to settle this claim.
Husband and Wife Enter Into Confidential Settlements Exceeding $1.6 Million Dollars
Trucking Accident
In July 2006, Mr. and Mrs. John Doe were involved in a horrendous motor vehicle accident near Key West, Florida when their vehicle was rear ended by a commercial truck. Earlier that same day, the operator of the commercial truck experienced brake problems. His supervisor asked him to drive the vehicle back to their home office. It was a busy holiday weekend. Unfortunately, the brakes on the truck failed causing the truck to violently rear end the vehicle operated by Mr. Doe as he was waiting to make a left turn. Their vehicle was totaled by the crash.
As a result of the crash, Mr. Doe sustained multiple disc herniation’s in the cervical spine at C3-C4, C4-C5, C5-C6 and C6-C7 as well as injuries to his low back resulting in herniation’s in his lumbar spine at L2-L3 and L4-L5. Mr. Doe also underwent surgery for injuries that he sustained to his shoulder and knee following the crash. The primary treating physicians for Mr. Doe opined that he would require ongoing medical treatment throughout his lifetime, including doctor visits, physical therapy, facet block in the lumbar spine and fusions to the cervical and lumbar spine regions. His past medical expenses were approximately $131,000.00.
This matter went to mediation and ultimately settled for a confidential amount that exceeded $900,000.00.
Mrs. Doe also suffered serious injuries in the same crash. She was a front seat passenger in the vehicle operated by her husband. She had to be removed from the vehicle by the Jaws of Life. She had injuries to her neck, right shoulder, upper back, right wrist, left knee, and low back. Mrs. Doe also experienced significant headaches as well as bilateral jaw pain. MRI studies were positive for disc herniation’s in her cervical spine at C4-C5, C5-C6 and C6-C7, in the thoracic spine at T4-T5 and in the low back at L4-L5 and L5-S1. A board certified neurosurgeon evaluated Mrs. Doe for spinal surgery and recommended that she undergo a fusion of her cervical spine from C4-C7. At the time of settlement, Mrs. Doe’s past medical expenses were in excess of $77,000.00. The matter was successfully mediated with a confidential settlement that exceeded $700,000.00.
Peterson v. Highlands Viera West LLC, et al
Trucking Accident
Attorney David Alpizar was able to secure a $1,515,650.00 settlement in a case involving serious burn injuries from a blowback fire from a built in propane grill in a common area of an apartment complex.
The incident occurred on October 29, 2011, at approximately 3:50 pm at the Plaintiff’s apartment complex. The Plaintiff left his apartment and walked down to the community summer kitchen to utilize the community public propane grill. It was observed that the lid was closed and two (2) of the four (4) flame control knobs on the grill were missing. Upon pressing the ignite button, the Plaintiff experienced a blowback flash fire from the grill, coupled with hearing a whoosh noise. The Plaintiff felt the lower half of his body on fire, ran out of the summer kitchen and jumped in the pool. He was air transported to the burn unit of Orlando Regional Medical Center, where he was admitted for two weeks. The Plaintiff sustained significant and permanent injuries with first degree burns to his neck and second degree burns to his genitalia, both hands, thighs, shins, and feet.
Under Florida law, a property owner has a duty to maintain their premises in a reasonably safe condition, to keep the premises free of dangerous conditions and to provide adequate warning or notice of potentially dangerous conditions.
This is particularly the case for conditions that are inherently unsafe or dangerous that are not readily apparent to the tenant, such as a noxious gas like propane. Obviously, this duty and responsibility would extend to common areas that are in locations outside of a private apartment residence which is much more accessible to the landlord and their agents.
The property owner failed to provide any sort of notice, instruction or warning about the grill or how to use it. Additionally, during the deposition of the apartment complex manager, it became clear that the manager did not know how to use the grill and had no knowledge on how to maintain or clean the grill. The maintenance employees testified that they had concerns about the grill and issues it was having, fearing that it could hurts someone.
During an inspection of the gill, it also became clear that the contractor and installer failed to install the common area built in propane grill in accordance with manufacturer recommendations. Further, the architect that designed the common area summer kitchen and built in grill unit did not review the manufacturer’s recommendations when it was designed, despite knowing the exact type of grill that was being installed.
A lawsuit was filed against the apartment complex as well as all the parties involved in the design, construction and installation of the summer kitchen and built in grill. The case went through multiple mediations, whereby several of the Defendants recognized it was in their best interest to settle. Immediately after taking the deposition of the fire expert in Texas hired by the general contractor, the remaining Defendant finally conceded that the grill was not installed in accordance with the manufacturer’s recommendations and decided to settle.
Medical Malpractice
Our client was a cancer patient who died from a fatal dosage of chemotherapy. The treating doctor confused the numbers of the prescription and gave her four times the necessary dosage. She was survived by her husband. Prior to going to trial, the attorneys of Alpizar Law negotiated a settlement for $1.45 million. Additional details of this case are confidential.
Roth v. A-1 Rent-A-Car and E. Brown
Trucking Accident
Mr. Roth, twenty years old, was driving his motorcycle headed northbound on A1A in Cocoa Beach, Florida. The defendant, a Canadian tourist who was unfamiliar with Florida laws, was driving an A-1 rental car southbound on A1A and suddenly made a left turn to enter Lori Wilson Park. He crossed directly in front of Mr. Roth and a violent collision occurred. Our client suffered serious head and bodily injuries. The defendant and his insurance company refused to make a reasonable settlement offer. Through a thorough investigation using a traffic and accident reconstruction expert, we were able to prove the accident was solely caused by the rental car driver’s negligence. Following a one-week trial, Roth was awarded $1,321,000 by a Brevard County judge.
Doe v. Carroll Distributing Co.
Doe v. Carroll Distributing Co. – $1,300,000.00
Auto Accident
A mother and daughter were injured in a motor vehicle crash that occurred on December, 10, 2013. The Defendant was on the job and driving a Ford F150 owned by his employer when he crashed into the rear of the Plaintiff’s vehicle just west of Tuscany Way on Wickham Road. The force of the impact caused the Plaintiff’s vehicle to hit the vehicle in front of her.
The daughter suffered serious injuries. She sustained multiple herniated discs to her neck with radicular pain down her arms for which she underwent conservative treatment and ultimately requiring a CT myelogram and cervical fusion for C3-C6. In addition, the daughter suffered herniated discs in the low back which resulted in revision surgery of a previous lumbar fusion. The force of the impact ended up rupturing a breast implant which resulted in multiple surgeries to correct.
Additionally, her elderly mother suffered injuries to her neck. During the course of her treatment she received a nerve ablation procedure for her injury to her neck as a result of the crash. On September, 13, 2014, the elderly mother died due to complications of ischemic/anoxic encephalopathy that developed from an allergy to the anesthesia during the procedure. The allergy was overlooked by the treating doctor.
Under well-established Florida law, a Defendant, the original tortfeasor, is liable for all damages resulting from his or her original negligence, as well as those damages arising out of any medical negligence for treatment and complications for injuries suffered in the original motor vehicle crash. As such, the Defendant and his employer were responsible for any negligence on behalf of the doctor resulting in her death.
After filing suit, Alpizar Law, LLC was able to secure a combined settlement of $1,300,000.00 to resolve both cases.
Jane Doe v. Out of State Defendant
Motorcycle Accidents
In 2016, Jane Doe was an out-of-state motorcyclist riding on the back of a borrowed motorcycle driven by her husband. While traveling southbound, the brakes were applied, causing the motorcycle to drift and spin out of control. The bike hit a traffic barrier and Ms. Doe was thrown from the motorcycle coming to rest in a travel lane. Ms. Doe suffered a traumatic brain injury, multiple fractures, respiratory failure, and injury to her spleen and she was in a coma for a period of three (3) weeks. After being released from the hospital and almost two (2) years of continued medical treatment, the Defendants’ insurance company wanted to conduct a mediation. Our firm declined the mediation, and paralegal, Mari Helock, was able to settle Ms. Doe’s claim for the policy limits in the sum of $1,300,000.00.
Podlaski v. Horner Equipment, Inc. & Driver
Trucking Accident
Lynn Podlaski loved her job as a court reporter and had a very successful career. She loved it so much that she also taught stenography and had kept in touch with some her students over the past years. On October 11, 2007, Lynn was traveling on S.R. 70 from Ft. Pierce to Okeechobee. Having a clear path to pass a truck directly in front of her and a right of way to do so, she began to overtake the truck. During the pass, the truck driver failed to observe her vehicle and he attempted to overtake another vehicle in front of him causing the rear of the truck to collide with Ms. Podlaski’s vehicle and spinning her vehicle out of control in the roadway. She came to rest facing south in the opposite lane of travel.
As a result of the impact, Ms. Podlaski suffered a severe injury to her left wrist which required surgery and therapy. Sadly, Ms. Podlaski was unable to regain the use of her left wrist and her doctors have indicated that she will require additional procedures in the future. The permanent damage to Ms. Podlaski’s wrist left her with a significant loss of a very active lifestyle she had previously led, as well as inability to continue in her career as a court reporter. Alpizar Law filed a lawsuit against Horner Equipment, Inc. and their driver, in St. Lucie County. The case was settled shortly before trial for $1,220,000.00.
Twigg v. Ryder Truck Rental
Trucking Accident
Our client, a truck driver, was southbound on I-75 in a rain storm when he entered a foggy area. He collided with an overturned Waffle House truck which was blocking both the north-bound and south-bound lanes. Through investigation, it was revealed that the Waffle House truck had failed to stop at an Agricultural Inspection Station and was being chased by a police officer when it overturned. The driver had been on duty more than 15 hours, a direct violation of company policy and Federal regulations. Ultimately the case settled in our client’s favor, with a $1,077,000 settlement.
Goodwin v. Avis Rent-A-Car
Auto Accident
Our client was driving his tractor trailer southbound on I-75 near Jasper, Florida. The defendant was driving a Ryder rental truck and collided with our client’s truck. This defendant was in violation of Federal ‘Hours of Service’ laws that govern commercial truck drivers use of public roads in interstate commerce. He had also failed to stop at an official weigh station upon entering Florida. Ryder denied responsibility and our firm filed suit. On the eve of the pending trial, Ryder settled the case for $1,077,000.
J. Doe Family V. Dump Truck Driver
Trucking & Wrongful Death
On November 16, 2015, 68-year-old John Doe was traveling east on SR-528 in Orlando, Florida. Mr. Doe noticed some debris on the highway. Being the Good Samaritan that he was, he pulled over on SR-528 and quickly tried to remove as much of the debris off the highway before someone was injured. Unfortunately, a dump truck that was also traveling on SR-528 tried to maneuver to avoid the debris. The dump truck crashed through the guard rail, striking Mr. Doe and finally striking a tree. After battling for a week, Mr. Doe sadly lost his life as a result of the traumatic injuries he sustained. Mr. Doe leaves behind his loving wife and family. After investigating the crash, verifying what happened and verifying certain facts with experts, attorney John Alpizar, with the assistance of his paralegal, Cynthia Scott, was able to successfully settle the bodily injury claim and the underinsured motorist claim for a total of $1,003,653.21.
Jane Doe v. Enterprise Rent-A-Car
Auto Accident
Our client was northbound on A1A on her way home from Patrick Air Force Base where she worked. As she approached the area where A1A splits into two north bound lanes divided, a foreign driver of a rental car unfamiliar with the area turned suddenly south onto A1A in the northbound lane. Our client was struck head on and suffered severe injuries that left her totally disabled. The driver had no insurance, did not have a driver’s license in the United States and after the accident, returned to his country never to be seen or heard from again. The rental car company denied responsibility and forced us to file a lawsuit. One the eve of the trial, the case settled for $1,000,000.00
Dowling v. Progressive Express Insurance Co.
Motorcycle Accident
Mr. Dowling, 45, and his wife on their motorcycle in a group with four other motorcyclists on U.S. Highway 1 near the intersection of Chamberlin Boulevard in Fort Pierce. John Doe, the defendant and an uninsured/underinsured motorist, was making a left hand turn when he abruptly and negligently stopped his van in the Dowlings’ lane of travel, causing the motorcycle to violently strike the side of the vehicle. Mr. Dowling was thrown in the air and flew over John Doe’s van.
Mr. Dowling was rushed to the hospital. He suffered significant and permanent neck and back injuries including a “closed head” injury, which is a brain injury without any penetrating/open wound to the brain. The Dowlings were wearing helmets, and he is an experienced, licensed rider. The Dowlings had obtained permission from their insurance company to settle their claim with John Doe for his available bodily injury liability policy limits. However, John Doe’s insurance coverage was not enough to cover the amount of damages sustained by Mr. Dowling; therefore Mr. Dowling, who has uninsured/underinsured motorist coverage, submitted a claim under his own insurance policy with Progressive.
Mr. Dowling and his family accepted a $1 million settlement offer from Progressive Express Insurance during trial, which was held in the Circuit Court of the 19th Judicial Circuit for St. Lucie County, Florida. This settlement was for 10 times the limits under the uninsured/underinsured portion of the Dowlings’ insurance policy.
Eason v. Ashley & Sara Jeffrey
Auto Accident
On May 8, 2013, Elizabeth Eason was driving home from work traveling eastbound on Nasa Boulevard when she came to a complete stop at the red light at the intersection of Nasa Blvd. and US Hwy 1. After the light turned green, Ms. Eason began to accelerate with the flow of traffic. Suddenly and without warning, the Defendant slammed into the rear of Ms. Eason’s vehicle.
As a result of the crash, Ms. Eason sustained injuries to her neck including a disk herniation and disc bulges. Ms. Eason received pain management injections and ultimately underwent surgery to address her injuries. Unfortunately, the driver of the car that crashed into Ms. Eason only maintained $100,000.00 in bodily injury liability coverage. It became clear very early on that Ms. Eason’s injuries were very serious and the available liability insurance would not be sufficient to cover the full extent of her injuries. Therefore, we looked to USAA, Ms. Eason’s uninsured/underinsured motorist carrier. Fortunately, Ms. Eason had $1,800,000.00 in uninsured/underinsured benefits. Unfortunately, USAA was not interested in making a fair or serious effort to compensate Ms. Eason for her injuries.
Because of USAA’s lack of interest, Ms. Eason was forced to file a lawsuit and the case went through years of litigation. The case was set for trial starting October 17, 2016. On September 28, 2016, just three weeks before trial, Alpizar Law, LLC was able to convince USAA to offer an additional $897,000.00 to settle the case, making Ms. Eason’s total settlement $997,000.00.
Franchesci v. Perez
Jones Act Seaman Claim
Our client, a Vero Beach mother, was awarded jury verdict of just under $1 million for an auto accident that left her battling severe neck and back pain on a daily basis and requiring a number of surgeries to ease her suffering.
Her vehicle was rear-ended by Raul Perez while stopped at a railroad crossing; she was en route to her full-time job at a large retail distribution center. As a wife and mother of four, she worked full time and also had a part-time job to help make ends meet. The accident caused multiple herniations in her neck and back, and her injuries required fusions of her spine to correct the problems. A fusion is a surgical procedure that “welds” two or more vertebrae together to try to reduce pain. Despite the surgery, there are complications and her doctors have indicated that she likely will require additional procedures in the future.
The personal injury and auto accident attorneys of Alpizar Law filed suit in Indian River County, Florida. After a four-day jury trial, she was awarded $985,466.42 in damages for her injuries in the auto accident.
Personal Representative of John Doe v. Premium Constructions
Personal Representative of John Doe v. Premium Constructions, Group d/b/a Premium Truck Services (Trucking &Wrongful Death) – $983,653.21
Our client was tragically killed while on SR528 while standing on the side of the road to clear some debris. The Defendant was driving eastbound in a tractor trailer. After noticing the debris, he attempted to move to his left but was unable to due to another vehicle being there. He struck the debris resulting in him to go off the road and strike our client, causing his death. The family immediately called Alpizar Law for assistance and we were able to settle against the insurance company for the full amount of liability insurance.
Kidd v. Florida Rock & Tank Lines & Alamo Rental Car Inc.
Trucking Accident
A tourist driving an Alamo Rental Car near Orlando negligently came to a complete stop in an ‘E-Pass’ lane of the airport toll booth. Our client, Mr. Kidd, was driving a tractor trailer and was forced to abruptly stop behind the tourist. A second tractor trailer behind Kidd slammed into his truck. This violent rear-end collision resulted in $18,000 in property damage, and permanent injuries to Kidd. He suffered from post-traumatic headaches, seizures, carpal tunnel syndrome, neck and back pain, and depression. He had cervical fusion in two places and a herniated disc. He was no longer able to work as a truck driver.
Our attorneys attempted to settle the case with the other trucking line and Alamo, and it was a fight every step of the way. After long, extensive litigation, the defendants offered settlement just prior to the start of a trial. Settlements were $750,000 and $150,000 respectively.
Andrews v. McPartland
Auto Accident
Our client, George Andrews, was driving through an intersection when driver S. McPartland made a left turn, violating his right of way and striking his vehicle. Police determined McPartland to have a blood alcohol content of .248, three times the legal limit. Andrews suffered severe neck and back injuries. He was medically discharged from his job with the military due to his injuries. He also had been in the process of obtaining his pilot’s license and dreamed of being a pilot. Sadly, his injuries resulted in his being grounded by the FAA and told that he can not pilot an airplane. A Brevard County jury recently awarded Andrews $825,000. There is also a pending insurance bad faith case.
Halsema v. Hertz Rent-A-Car
Auto Accident
A driver of a Hertz rental car suddenly made a left turn from the far right lane of a local roadway that had two lanes going eastbound. The driver was unfamiliar with the road and mistakenly thought the left lane was a westbound lane rather than both lanes being eastbound. He struck our client’s vehicle and seriously injured her. The Hertz driver had no insurance coverage. As such, Hertz had an obligation in this case, but denied responsibility. The case went to trial resulting in a verdict of $800,000 for our client.
Diehl v. Love
Auto Accident
The defendant made a left turn at an intersection into the path of our client, who was traveling south on A1A on a motorcycle. As a result, the Plaintiff suffered a fracture of his patella (kneecap); tear of lateral meniscus; tear of lateral collateral ligament and anterior cruciate; capsular tear of left lobe of liver; spleen, large and small intestine tears; and abdominal wall laceration with rib fractures.
The case was settled for total value of $798,275.00. The settlement was restricted with a present value of $650,000.00.
Anthony v. Indian River National Bank and Nikola
Auto Accident
On June 27, 2003, Karen Anthony was traveling northbound on Old Dixie Highway and approaching the intersection of 65th Street. As she lawfully proceeded into the intersection, she was violently struck by an eastbound vehicle being operated by Barry Nikola, an employee of Indian River National Bank. Ms. Anthony was rushed to Indian River Memorial Hospital with injuries to her neck and lower back. During her follow-up care, it was discovered that Ms. Anthony had sustained a large herniated disk at C6-7, which was touching the nerve root and causing pain to extend into Ms. Anthony’s left arm. She also was suffering from bulging disks at C3-4, and C5-6 , as well as a lumbar HNP as a result of the accident . Ultimately, Ms. Anthony was required to undergo a cervical diskectomy and fusion to her neck. Ms. Anthony sought legal representation for the signficant injuries and mounting medical bills she suffered due to the negligence of Indian River National Bank and their employee, and the impact the accident was having on the life she knew before. After a lawsuit was filed, Mr. Alpizar and his staff were successful in obtaining a settlement for $675,000.00 on behalf of Ms. Anthony.
Useche v. West & Sea World Seafood Distributor, Inc.
Auto Accident
Our client, plaintiff Mr. Useche, was in his mid thirties and riding in a motor vehicle driven by his friend. Useche had his seat belt on. A Sea World Seafood truck struck the vehicle from behind, and after the accident, Useche immediately went to the local medical center with knee, back and neck pain. Over time, with treatment, his neck and back seemed to improve but his knee pain continued. He underwent MRIs that showed significant interior damage to both knees, which led to three surgeries, and the possibility of additional surgeries in the future.
The defendant argued that the knee problem existed before the accident. The case went to trial and featured testimony by medical experts and an economist to convey the economic impact of the injury. A surgeon and radiologist who testified on the Defendant’s behalf were found to be ‘biased’ by the jury, as they had been paid millions of dollars over several years for testimony in courtrooms. The trial ended with a jury verdict awarding our client $669,000 plus all attorney’s fees and costs. This amount was far greater than the $80,000 that the defendant originally offered prior to trial.
JOHN DOE Receives Seven Figure Settlement
Auto Accident
On May 17, 2006, John Doe was injured as a result of a motor vehicle accident when his vehicle was rear-ended on Jupiter Boulevard in Palm Bay, Florida. The owner and driver of the vehicle that rear-ended Mr. Doe had minimal bodily injury liability coverage of $10,000.00 which was paid in July 2007. Mr. Doe had under insured motorist coverage through the XYZ Insurance Company in the amount of $15,000.00. A settlement offer was made to the XYZ Insurance Company on August 22, 2007 offering to settle the underinsured motorist claim for the available limits of $15,000.00. Unfortunately, the XYZ Insurance Company did not fairly evaluate Mr. Doe’s claim and offered $3,000.00. A Civil Remedy Notice was filed with the Florida Department of Insurance with a copy to the XYZ Insurance Company putting them on notice that Mr. Doe had offered to settle his claim with the XYZ Insurance Company for the available coverage and that the XYZ Insurance Company had acted in bad faith by not fairly evaluating and compensating Mr. Doe for the injuries that he sustained in the accident.
Franck v. State Farm Mutual Automobile Insurance Company
Auto Accident
Our client, a Palm Bay resident, was awarded more than $600,000 in damages for injuries he has been suffering from since an auto accident with an uninsured motorist in 2006.
As a local private boat captain and avid fisherman, Mr. Franck found it very difficult to function as he once did before the accident. Before the accident, he fished tournaments all over the world and is now plagued by constant pain in his neck and back, which has drastically affected his livelihood. Music has also been an intimate part of John’s life for the past 30 years. He is the drummer in a popular local band, Pinch, and his injuries make it extremely difficult and painful for him to play music.
In the accident he sustained a number of injuries, including multiple herniations to his neck, mid-back and low back. A herniation is when the “cushion” between vertebrae is pushed out of place. This causes pressure and pinching on any number of nerves. The result is pain similar to that of an electric shock and feelings of numbness and weak muscles, among other symptoms.
Ricci v. Baumanv
Bad Faith
On January 23, 1994, our client’s life was changed forever. A young woman turned left in front of him on Aurora Road and caused a terrible almost head-on collision, totaling his Volkswagen and her truck. The force of the impact was so great that he needed to be extracted out of his vehicle by emergency personnel.
The accident resulted in a fractured femur and wrist, knee derangement, neck injury and closed head injury. In spite of the clear negligence of the defendant, the insurance company defended the case vigorously. It was not until the eve of the trial, after we had hired some of the best experts in the world on accident reconstruction and crashworthiness, that the defendants capitulated and the case wa
Reached in Excess of $500,000
Neck Injury
John Doe was injured when a chair he was sitting in collapsed while at community event at a residential complex. The fall resulted in neck surgery to repair fractured vertebrae. The residential complex had liability insurance and agreed to settlement before a law suit was filed. The terms of the settlement are subject to a confidentiality agreement as is the amount. However, the settlement reached exceeded $500,000.00.
Rowe v. GEICO Insurance
Insurance Bad Faith
On a rainy day in slow traffic, B. Rowe was driving on I-95. Another car came alongside Rowe’s vehicle, suddenly accelerating. The car slid and swerved directly into the left side of Rowe’s vehicle. As a result of the accident, Mr. Rowe suffered disk herniations of the spine, a bulging disk in the lumbar spine, headaches, and back pain. He required an anterior cervical diskectomy and fusion. The man responsible for the crash carried insurance with Nationwide, and Nationwide paid the policy limits, however, Rowe’s insurance provider, GEICO did not fairly evaluate the claim and it became necessary to file a lawsuit against the company. A Brevard County jury ended up awarding $570,000 to Mr. and Mrs. Rowe.
Ormond v. Farris
Auto Accident
On October 21, 2009, Mr. Ormond was traveling southbound on I-95 in the center lane of travel, approximately 3 miles north of the Fiske Boulevard exit, in Rockledge, Florida. Mr. Ormond noted that there was traffic congestion in front of him and that vehicles had come to a stop. He brought his vehicle to a safe stop in the center, southbound lane of travel. At that time, his car was violently collided into by an automobile owned and operated by Jason Farris. As a result of the impact, Mr. Ormond’s vehicle was shoved off of the roadway into the center median. Paramedics with the Brevard County Fire Rescue responded to the scene and noted that Mr. Ormond was unconscious following the crash. He was transported to, and received treatment at Wuesthoff Hospital.
Following his release from the hospital, Mr. Ormond was treated by Dr. Antonio Rivera for complaints of headaches, neck pain and pain radiating into his upper extremities. MRI studies were positive for disc herniations at C4-C5, C5-C6 and C6-C7. Unfortunately, his condition failed to improve with conservative care and, ultimately underwent a multi-level fusion performed by a board certified orthopedic surgeon, Dr. Richard Hynes at The Back Center in Melbourne, Florida. Mr. Ormond was also suffering with headaches and memory loss as a result of the concussive syndrome that he experienced. Whitney Legler, Psy.D. opined that Mr. Ormond was suffering with a closed head injury resulting in memory deficits.
Prior to a lawsuit being filed, a settlement offer was sent to the Allstate Insurance Company extending an opportunity to settle for the available policy limits of $500,000.00 Allstate refused, and instead responded with an offer of $125,000.00. A lawsuit was filed in Brevard County on behalf of Mr. and Mrs. Ormond and shortly after the filing of the lawsuit, Allstate tendered the available policy limits of $500,000.00. A special thanks to our co-counsel, Tony Hernandez, for working with us on this case.
Boyd v. Terminix
Auto Accident
On July 18, 2002, Mrs. Boyd was traveling Westbound on County Road 512 in Sebastian, FL. At the same time a vehicle owned by Terminix International Company failed to observe our client’s vehicle and pulled out from the South side of County Road 512 directly into her path.
Mrs. Boyd was referred for an MRI of her cervical spine, which was positive for disc herniations
at C4-C5, C5-C6 and C6-C7. Her doctors recommended that she undergo an anterior cervical diskectomy and fusion at these levels. Settlement negotiations with the insurance company representing Terminix International Company were unsuccessful and the matter was litigated.
In February 2007, the matter went to trial in Vero Beach before the Honorable Judge Hawley. After a one week trial, the members of the jury awarded $472,520.18 to the Plaintiff.
Large Truck Accident Results in Over $415,000 Settlement
Auto Accident
In 2005, the Plaintiff, Jane Doe, was involved in a motor vehicle accident on U.S. Highway 1 in Brevard County, Florida. At the time of the collision, Ms. Doe was traveling southbound on U.S. Highway 1. Immediately to her left was a large truck. Ms. Doe alleged that the truck merged into her lane of travel, striking the left rear quarter panel of her vehicle, causing it to go out of control, cross all three southbound lanes of travel, go over the median and ended up facing northbound in the left hand, northbound, lane of travel. The operator of the truck alleged that it was Ms. Doe who crossed into his lane of travel, causing the collision. This matter was highly contested not only over which party was at fault in causing the accident, but also the fact that the Defendants claimed that the injuries claimed by Ms. Doe were pre-existing, degenerative changes and not related to the motor vehicle crash. As a result of the accident, Ms. Doe sustained significant and permanent injuries for which she underwent two separate surgeries involving fusions in her cervical spine, and would require additional medical care and treatment in the future. A week before trial, Alpizar Law was able to secure a settlement in excess of $415,000.00 on behalf of Ms. Doe.
Accident on I-95 Near Daytona Results in $400,000 Settlement
Auto Accident
On January 9, 2006, Marissa Abuga was traveling from Melbourne to Jacksonville on I-95. Just after passing Daytona Beach, Ms. Abuga was traveling in the outside northbound lane of travel when a van, traveling in the lane immediately to her left, owned by Ghyadi and Associates and operated by James Robinson, attempted to move into Ms. Abuga’s lane of travel. In an attempt to avoid impact with that vehicle, Ms. Abuga applied her brakes and turned the steering wheel to the right. In doing so, she lost control of her vehicle, spun across all four northbound lanes of travel and collided with the guardrail in the median. As a result, Ms. Abuga sustained a neck injury for which her treating physician recommended a cervical fusion. The case was resolved just prior to trial for $400,000.00.
Nemeth v. Siebert
Auto Accident
Roberta Nemeth was a passenger in an automobile that was traveling on State Road 434 in Orange County. Christina Zimbleman pulled out from a private drive directly into the path of Mr.
Nemeth. Mrs, Nemeth, who was previously injured in an on the job accident, was under treatment for back injuries at the time of this accident.
The automobile accident significantly aggravated her pre-existing back problems and she was diagnosed with having sustained disk herniations in her cervical, thoracic and lumbar spine. Mrs. Nemeth underwent multiple surgeries for the injuries.On December 31, 2002, while stopped at a red light, the vehicle in which Mrs. Nemeth was a passenger in another accident. Her vehicle was rear-ended by an automobile operated by Ann Cummings. This crash resulted in further aggravation to Mrs. Nemeth’s pre-existing problems.
Subsequent to that accident, Mrs. Nemeth underwent additional surgeries. On January 12, 2007, a settlement agreement was reached with the two insurance companies on behalf of their policy holders, for the sums of $375,000.00 and $25,000.00. The combined total settlement was $400,000.00.
Jane Doe v. Local Company (Auto Accident)
Auto Accident
The attorneys of Alpizar Law successfully settled a case for an auto accident that left a young woman suffering from neck injuries.
Our client, now 28, was driving in Melbourne and was on her way to class at a local community college when the defendant, driving a work vehicle for a local business, violently rear ended her, injuring her and totaling the car. She suffered multiple herniations in her neck, which her doctors have determined will require surgery and ongoing pain management treatment.
Alpizar Law successfully settled the case for an undisclosed amount, helping our client recover damages to repay costly medical bills, as well as cover the future medical care she will require for the balance of her life.
Rhonda Strickland v. Allstate (Auto Accident)
Auto Accident
Mr. John Alpizar represented Rhonda Strickland for personal injuries that she suffered as a result of two motor vehicle accidents. The first accident occurred on February 1, 1998. Mrs. Strickland was traveling south bound on A1A in Cocoa Beach, Florida. Suddenly, the defendant’s vehicle, which was operated by Bonnie Christian, changed lanes and struck the left rear side of the Strickland automobile, causing it to go off the roadway. As a result of this accident, Mrs. Strickland suffered from a concussion resulting in post-traumatic headaches, bulging disks and right carpal tunnel syndrome. The vehicle operated by the defendant was insured for $10,000.00 in bodily injury liability limits. The carrier paid the policy limits of $10,000.00
Due to the severity of her injuries, she was unable to return to work for a number of weeks. A vocational rehabilitation expert was retained to assist in providing a life care plan setting forth the anticipated cost of future medical care and loss of earning capacity that Mrs. Strickland would face in the future.
The second accident occurred on June 21, 1998 when a vehicle operated by Lilith Kirschner pulled out from a driveway and struck Mrs. Strickland’s vehicle. As a result of the second accident, Mrs. Strickland suffered significant injuries and came under the care of a neurologist. She also experienced an aggravation of her previous injuries, a tear of the medial meniscus of her left knee, and depression. The defendant in this accident had $25,000.00 in bodily injury liability coverage that her insurance company paid.
Due to the serious nature of the injuries suffered by Mrs. Strickland in both motor vehicle accidents, a claim was presented to her insurance company for underinsured motorist benefits. Ultimately, the case was settled with the underinsured motorist carrier for a significant amount that was approximately two times the available policy limits.
Doe v. Truck Driver (Trucking)
Trucking
In July 2006, Mr. and Mrs. John Doe were involved in a motor vehicle crash near Key West, Florida when their vehicle was rear ended by a commercial truck. Earlier that same day, the operator of the commercial truck experienced brake problems and reported it to his supervisor. Because it was a busy holiday weekend, his supervisor told him to drive the vehicle back to their home office instead of safely taking it out of service and fixing the problem. Unfortunately, the brakes on the truck failed again causing the truck to collide with the rear of the vehicle that Mr. and Mrs. Doe were in as he was waiting to make a left turn. Their vehicle was totaled by the crash.
As a result of the crash, Mr. Doe sustained multiple disc herniations in the cervical spine as well as to his low back. Mr. Doe also underwent surgery for injuries that he sustained to his shoulder and knee following the crash. The primary treating physicians for Mr. Doe opined that he would require ongoing medical treatment throughout his lifetime, including doctor visits, physical therapy, facet block in the lumbar spine and fusions to the cervical and lumbar spine regions. His past medical expenses were approximately $131,000.00.
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