Volume I, 1995

Volume I, 1995

Table Of Contents

Brett Panter's Commitment To Client Representation beyond The Courtroom

Brett Panter is going to New York City this summer to record several of his successful closing arguments which will become part of the Million Dollar Argument Series produced and published by the Professional Techniques Library. Mr. Panter will be recording an argument that he made in a case brought by him against Alamo Rent-A-Car where he represented the estates and families of two English sailors that were killed in an Alamo Rent-A-Car while on vacation in Florida and another injured sailor. In that case through the efforts of Brett Panter, the jury rendered a verdict in the amount of $7.7 Million Dollars.

Brett Panter will also be recording his argument in the Jose Perez v. American Aerial Lift case wherein a jury rendered a verdict in the amount of $1.7 Million Dollars.

Most recently, Brett Panter was a Faculty Member and lectured for the National Business Institute in a Seminar entitled “Paralegals and the Litigation Team in Florida”. Over 50 paralegals and attorneys attended this full day Seminar and were provided with a valuable insight into the law by the experience of Brett Panter.

As an active EAGLE Member of the Academy of Florida Trial Lawyers, Brett Panter went to Tallahassee on April 11 and April 12, 1995 and lobbied with the Florida Legislature including Representatives and Senators on be half of victims basic constitutional rights. At Panter, Panter & Sampedro, P.A. we are committed to our clients and our system and we will do everything in our power to preserve your rights. Panter, Panter & Sampedro, P.A., is also active in the Association of Trial Lawyers of America in fighting legislation which would serve to take away victims basic constitutional rights.

Disabled Painter Awarded $1.7 Million Jury Verdict

In June, 1992 a Dade Circuit Court jury awarded Jose Perez $1.7 Million after a five day trial against American Aerial Lift, an equipment leasing company.

Jose Perez fell 15 feet and landed on his knees, shattering his legs and destroying his life.

Jose Perez was brought to Panter, Panter & Sampedro, P.A., by his worker’s compensation lawyer, Peter Capua.

Panter, Panter & Sampedro, P.A. took this case with attorney Capua from the jury verdict to the Florida Supreme Court where the case was argued in August, 1994

American Aerial Lift argued that they were just a leasing company and not responsible for the defective condition of the lift. Panter, Panter & Sampedro, P.A. convinced the jury to hold the leasing company responsible for the defective nature of the lift which consisted of a chain which was 10 inches too low which failed to prevent Jose from falling and shattering his knees.

The Appellate Courts have agreed with Panter, Panter & Sampedro, P.A. and held that the leasing company was responsible for putting a defective product into the stream of commerce.

In the Florida Supreme Court, Panter, Panter & Sampedro, P.A. continued this line of argument and requested that the Court hold the leasing company solely responsible for their negligence in placing a defective product into the stream of commerce without regard for the safety and well being of Jose Perez. A decision from the Supreme Court is still pending.

At Panter, Panter & Sampedro, P.A. we strongly believe in the legal system and will pursue our cases for our clients through all legal channels. This case is a prime example of our commitment to ensure that the responsible parties are held accountable for their actions.

WRONGFUL DEATH RECOVERY

Robert West was killed in a tragic car accident in October of 1992. Robert was driving his car south on I-95 when he ran into the rear of a completely disabled car which had stalled on I-95 in the southbound lane in front of him. Rose West, the wife of Robert West sought the help of her family attorney, Alan Saslaw. Mr. Saslaw came to Panter, Panter & Sampedro, P.A. for assistance in what turned out to be a very complicated liability case. It was determined that the disabled vehicle, owned by Eugenia Vega was uninsured. A law suit was filed against the following defendants, Dayco-Astaldi Construction Company, Morrison Knudsen Corporation, Quality Electric Contracting, Inc., Florida Department of Transportation (FDOT), Stuckey’s Land Development and Florida Power & Light Company.

Each of these defendants had a duty to maintain lighting on the highway during a multimillion dollar construction project. It was proven that DOT had a contract which required all of the various parties to maintain 90% illumination of the project, which included the area where the accident occurred. Through discovery Panter, Panter & Sampedro, P.A. produced evidence from the homicide investigator and other witnesses that all of the lights in the subject area were out on the night of the crash. While Mr. West was proceeding southbound on I-95 he could not see the Vega vehicle was broken down. Because of the darkness this crash occurred and Mr. West was killed.

Mr. West left behind his wife Rose West and a 24 year old son.

Panter, Panter & Sampedro, P.A., worked with numerous expert witnesses in this case including an accident reconstruction expert, a human factors expert, and several illumination experts

After conducting a mock trial and preparing for trial the case was settled for $430,500.00. RoseWest will never be able to have her husband’s love and companionship again, however, with the help of her attorneys she was able to receive compensation which will provide financial assistance and security to her.

SLIP & FALL RECOVERY

Mildred Poppell is a 64 year old woman who went to eat at Ruby Tuesday Restaurant at the Dadeland Mall on June 8, 1992. When Mildred Poppell was leaving Ruby Tuesday she slipped and fell in front of the Ruby Tuesday’s door on the tile.

Through the efforts of Panter, Panter & Sampedro, P.A. and experts working with them it was discovered that the reason Mildred fell was because the slope at the exit of the Ruby Tuesday was designed and built in violation of the South Florida Building Code Handicap Accessibility Provisions. The slope was also in violation of the construction plans prepared by the defendant architect.

After this incident, Mildred went to her family lawyer, John Maas with the Law Firm of Hellman & Maas, a prominent practitioner in Homestead. Mr. Maas called Panter, Panter & Sampedro, P.A., to handle what started off as a simple slip and fall case which became a very complicated case against various parties. Panter, Panter & Sampedro, P.A., brought suit against the following defendants, Haley Construction, Dadeland Mall, Ruby Tuesday, Interplan Architects, and Sherrick Construction.

Mildred Poppell’s suffered a fractured left wrist and developed reflex sympathetic dystrophy and carpel tunnel syndrome as a result of the wrist fracture.

Panter, Panter & Sampedro, P.A. flew to North Carolina to take the video-taped depositions of Mildred’s doctors who cared for her after her injury while she was recuperating with her family. Mildred’s family was also interviewed and video-taped for use at trial to explain the pain and suffering that Mildred went through following this accident. Panter, Panter & Sampedro, P.A. worked with the best available expert witnesses to prove their case, including the Editor of the South Florida Building Code, a prominent architect and the president of a large construction company.

After getting the case ready for trial, Panter, Panter & Sampedro, P.A. was able to resolve the claim for Mildred Poppell. Mildred Poppell received the compensation that she was entitled to and she is among one of the many satisfied clients who have had Panter, Panter & Sampedro, P.A., represent them.

BROWARD JURY AWARDS MALPRACTICE VICTIM $500,000.00

Anthony Bonilla, a bodybuilder and a black belt in Tae Kwon Do, wanted a perfectly proportioned body. But his calves were about three inches too small, so he consulted Dr. Leon Doyan of Coral Springs to surgically insert implants into his calf.

After the surgery Anthony Bonilla developed searing pain in his right leg. When the pain did not stop, Dr. Leon Doyan finally removed the implant, but it was too late, the damage was done. By the time that a reputable plastic surgeon was able to assist Mr. Bonilla permanent, irreparable damage had already been done. Plastic surgery, extensive physical therapy and $30,000.00 later, Mr. Bonilla sought legal advise from Panter, Panter & Sampedro, P.A.

Mitchell Panter presented the case to a Broward County Jury in February, 1995 and the Jury returned a verdict in favor of Anthony Bonilla finding that Dr. Leon Doyan had committed medical malpractice and awarding Anthony Bonilla $500,000.00 to compensate him for his past and future medical expenses, lost wages and pain and suffering.

Presently, Panter, Panter & Sampedro, P.A. is mounting a campaign with the Florida Board of Medicine and Department of Business and Professional Regulation to prevent Dr. Leon Doyan from continuing to practice medicine. We are committed to serving our clients and our community in pursuing all available channels to protect our community from negligent health care providers.