These are just a sampling of the case results that the firm has received. The hiring of a lawyer is an important decision and should not be based solely on advertisements. Each case is different, depending on the specific facts of the case, so please feel free to contact us to discuss our qualifications and how we may best contribute to your specific situation.
CORLEY v. WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION
Orlando, Florida
October, 2006
Alleged Claim: The Plaintiff, a Methodist minister, alleged that his wife, also a Methodist minister, died as a result of a pulmonary embolism suffered after breaking her foot on an entrance step to a water attraction at Disney's Typhoon Lagoon. Disney presented evidence that the entrance and step were safe, open and obvious and that the death could have been averted had the decedent informed her physicians of a known family history of pulmonary embolism.
Plaintiff's Demand: $1.2 Million
CSTW Trial Team: Ronald E. Cabaniss, Michael J. Wiggins and Peggy S. Bush
Verdict: Defense
ADAMS v. FORD MOTOR COMPANY
Pensacola, Florida
August, 2005
Alleged Claim: The Plaintiff contended that a cotter pin was missing from the left front wheel assembly of a 1996 Ford F-150 and as a result of its absence caused the left front wheel nut to unscrew from the spindle which caused the driver to lose control of the Ford F-150 and cross the centerline of the road striking the Plaintiff's 1996 Honda Civic. This accident resulted in fatal injuries to driver of the Honda Civic.
Plaintiff's Demand: $20 Million
CSTW Trial Team: M. Gary Toole and John R. Reid, Jr.
Verdict: Defense
HAGUE v. WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION
Orlando, Florida
August, 2005
Alleged Claim: The Plaintiff alleged that Mrs. Hague suffered permanent damage to her ankle and extensive pain and suffering, and that Mr. Hague suffered loss of consortium, as a result of Mrs. Hague's fall in a "hole" in a paved walk area at The Magic Kingdom. Walt Disney World admitted that there was a fresh chip in the sidewalk, denied that it was a "hole" as alleged by the Plaintiffs, and stated that regardless of the characterization, the condition was open and obvious. The defense also established a significant lack of credibility as to the Plaintiff's testimony concerning her pain and suffering and the loss of consortium claim.
Plaintiff's Demand: $50,000
CSTW Trial Team: Michael J. Wiggins and Peggy Smith Bush
Verdict: Plaintiff in the amount of $335.00 (past out-of-pocket expenses). Walt Disney World had timely filed an enforceable proposal for settlement and sought recoverable costs and fees of counsel from the Plaintiff.
KEHR-ORZECHOWSKI v. CROWN EQUIPMENT CORPORATION & FLORIDA LIFT SYSTEMS, INC.
Tampa, Florida
May, 2005
Alleged Claim: The Plaintiff alleged that the industrial walkie stacker manufactured by Crown was defectively designed and caused his injuries. Plaintiff claimed that the auto-reverse button failed to operate when he was pinned against a wall by the walkie stacker. Crown presented evidence that its design methodology and manufacturing criteria complied with all applicable engineering standards. Plaintiff also alleged that Crown and Florida Lift Systems breached the implied warranties of merchantability and particular purpose. Crown contended that Plaintiff himself was responsible for causing the accident which ultimately resulted in his injury.
Plaintiff's Demand: $850,000
CSTW Trial Team: Michael J. Wiggins and Jon J. Hernan
Verdict: Defense
WIMBUSH v. CROWN EQUIPMENT CORPORATION
Quincy, Florida
January, 2004
Alleged Claim: The Plaintiff alleged that an operator-ridden pallet jack manufactured by Crown was defectively designed and caused his injuries. Plaintiff alleged that the operator's platform was too small and required a lip to prevent the operator's feet or lower extremities from being outside the plan line of the platform. Crown presented evidence that its design methodology and manufacturing criteria complied with all applicable engineering standards. Finally, Crown contended that Plaintiff himself was responsible for causing the accident which ultimately resulted in his injury.
Plaintiff's Demand: $1.3 Million
CSTW Trial Team: Michael J. Wiggins
Verdict: Defense
GARCIA v. FORD MOTOR COMPANY
Madison Parish, Louisiana
August, 2003
Alleged Claim: The Plaintiff, a 37 year old doctoral candidate at Vanderbilt University, alleged that the stability and handling characteristics and the roof structure of the vehicle were both defective and these defects caused him to suffer C4/5 quadriplegia in a rollover accident.
Plaintiff's Demand: $33.4 Million
CSTW Trial Team: M. Gary Toole and John R. Reid, Jr.
Verdict: Defense (directed verdict)
SCHULTZ v. FORD MOTOR COMPANY
Marion County, Indiana
June - July, 2003
Alleged Claim: The Plaintiff alleged that the roof of the subject Ford Explorer was defectively designed which caused permanent paralysis of the driver at the C5/6 vertebral level.
Plaintiff's Demand: $81-108 Million
CSTW Trial Team: Ronald E. Cabaniss and F. Rand Wallis.
Verdict: Defense
FORCE v. FORD MOTOR COMPANY
Orange County, Florida
March, 2003
Alleged Claim: The Plaintiff alleged that the driver's motorized shoulder belt was defective and caused him to suffer a severe and permanent brain injury.
Plaintiff's Demand: $25 Million
CSTW Trial Team: Larry D. Smith
Verdict: Defense
FORBIS v. FORD MOTOR COMPANY
Collier County, Florida
January, 2003
Alleged Claim: The Plaintiff claims, based on the crashworthiness doctrine, alleged that Ford's design of seatbelts in a Ford Econoline van caused a five year old girl's closed-head injury resulting in a severe and permanent learning disability.
Plaintiff's Demand: $10 Million
CSTW Trial Team: Larry D. Smith and M. Gary Toole
Verdict: Defense
CATALDO v. WALT DISNEYWORLD HOSPITALITY & RECREATION CORPORATION
Orange County, Florida
April, 2002
Alleged Claim: Plaintiff alleged defendant's employee was negligent in securing the plaintiff in a wheelchair on the "It's a Small World" attraction. Plaintiff alleged she sustained permanent injuries when she allegedly fell forward and out of the wheelchair when the boat came to a stop.
Plaintiff's Demand: $750,000
CSTW Trial Team: John W. Smith
Verdict: Defense
GRANDA v. FORD MOTOR COMPANY
Yolo County, California
March, 2002
Alleged Claim: Plaintiff alleged that the 1989 Escort was unreasonably dangerous. Plaintiff alleged defects in the suspension, roof and windshield of the Escort. Plaintiff was rendered a ventilator-dependent quadriplegic in the accident.
Plaintiff's Demand: Over $70 Million
CSTW Trial Team: M. Gary Toole and F. Rand Wallis
Verdict: Defense
TASHIK v. FORD MOTOR COMPANY
Okaloosa County, Florida
January, 2001
Alleged Claim: Plaintiff alleged that the 1992 Ford 250 Truck seatback/track assembly was negligently manufactured, causing the seatback/track assembly to break at time of impact, resulting in severe injury to Plaintiff's right shoulder.
Plaintiff's Demand: $600,000
CSTW Trial Team: M. Gary Toole and John R. Reid, Jr.
Verdict: Defense
COLLARD v. FORD MOTOR COMPANY
Hunt County, Texas
February, 2001
Client: Ford Motor Company
Alleged Claim: Plaintiff alleged the 1995 Explorer was unreasonably dangerous and had a propensity to roll over in emergency avoidance maneuvers. This was the first time since Firestone announced its recall for tires on Explorer Sport Utility vehicles that Ford defended the Explorer in a trial where it was claimed that the Explorer was inherently unstable and had an unreasonable propensity to roll over.
Plaintiffs' Demand: $60 Million
CSTW Trial Team: Ronald E. Cabaniss and F. Rand Wallis
Verdict: Defense
MCI EXPRESS, INC. v. FORD MOTOR COMPANY
Dade County, Florida
September, 2000
Client: Ford Motor Company
Alleged Claim: After a two month trial, a Miami, Florida jury unanimously rejected claims that Ford committed fraud, violated the State's Deceptive and Unfair Trade Practices Act, and breached implied warranties relating to 46 of the largest commercial trucks manufactured by Ford and acquired by a Miami-based commercial trucking company.
Plaintiff's Demand: Approximately $10 million in compensatory plus 1% of Ford's net worth (about $275 million) in punitive damages for a total of $285 million.
CSTW Trial Team: Ronald E. Cabaniss and Larry D. Smith
Verdict: Defense
HEAD v. FORD MOTOR COMPANY
Circuit Court of Citrus County, Florida
September, 2000
Client: Ford Motor Company and Nick Nicholas Ford
Alleged Claim: Plaintiff contended that as he attempted to remove the spare tire from the undercarriage of his 1995 F-150 truck, the spare tire was ejected and fell on his right wrist causing injuries, which he contended were permanent.
Plaintiff's Demand: $150,000
CSTW Trial Team: M. Gary Toole and John R. Reid, Jr.
Verdict: Defense
EDMUNDS v. WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION
Circuit Court of Orange County, Florida
August, 2000
Client: Walt Disney World Hospitality & Recreation Corporation
Alleged Claim: Negligence of a castmember in allegedly causing a guest to fall, requiring knee replacement recommended by her treating physician.
Plaintiff's Demand: $95,001
CSTW Trial Team: John W. Smith
Verdict: Defense
ARGUELLO v. FORD MOTOR COMPANY
United States District Court for the Northern District of Georgia
July, 2000
Client: Ford Motor Company
Alleged Claim: Plaintiff alleged that the 1989 Ford Ranger contained a defective door latch system which allowed the passenger door to come open during the 1996 accident killing one of its passengers.
Plaintiff's Demand: $1.2 Million
CSTW Trial Team: Ronald E. Cabaniss
Verdict: Defense
RAY v. FORD MOTOR COMPANY
State Court of Fulton County, Georgia
May, 2000
Client: Ford Motor Company
Alleged Defects: Lack of transmission/gearshift interlock. Retrial of an earlier defense verdict that was reversed on appeal.
Plaintiffs' Demand: $600,000
CSTW Trial Team: Ronald E. Cabaniss
Verdict: Defense
PALMER V. FORD MOTOR COMPANY
Circuit Court, State of Louisiana
January, 1999
Client: Ford Motor Company
Alleged Defect: Plaintiff, Martin Palmer, lost control of a 1994 Lincoln Town car causing it to veer out of its lane of travel, go off the road and roll onto its roof. Plaintiff, Laura Palmer, suffered serious personal injuries during the accident resulting in quadriplegia and sought recovery from Ford for her injuries based on an allegedly defective roof structure under theories of strict liability, negligence, breach of warranty and failure to warn.
Plaintiff's Demand: $10 Million
CSTW Trial Team: Ronald E. Cabaniss, M. Gary Toole and F. Rand Wallis
Verdict: Defense
KEIGANS v. FORD MOTOR COMPANY
Circuit Court of Alachua County, Florida
August, 1998
Client: Ford Motor Company
Alleged Defect: Defective seat belt restraint system in a 1985 Ford Mustang caused Ms. Keigans to be ejected from the vehicle during a two-car collision, resulting in a broken leg and numerous contusions and abrasions.
Plaintiff's Demand: $75,000
CSTW Trial Team: Larry D. Smith
Verdict: Defense
REDENTE v. MEDTRONIC, INC.
United States District Court, Middle District of Florida
August, 1998
Client: Medtronic, Inc.
Alleged Defect: Plaintiff claimed Medtronic's use of Pellethane 80-A as an insulator in its bipolar pacemaker lead was a defective design. Plaintiff also claimed that the manufacturing and quality control processes utilized by Medtronic was "inadequate."
Plaintiff's Demand: $750,000
CSTW Trial Team: Ronald E. Cabaniss and Michael J. Wiggins
Verdict: Defense
OLLER/PATET v. FORD MOTOR COMPANY
United States District Court, Middle District of Florida
April, 1997
Client: Ford Motor Company
Alleged Defect: Plaintiff alleged that the 1990 Aerostar would suddenly accelerate at wide-open throttle without driver input. This alleged defect resulted in an accident in Nakomis, Illinois wherein a driver ran over and killed two bystanders at a church picnic.
Plaintiff's Demand: $1+ Million each
CSTW Trial Team: Ronald E. Cabaniss, Larry D. Smith and F. Rand Wallis
Verdict: Defense
D'AMARIO v. FORD MOTOR COMPANY
Circuit Court of Pinellas County, Florida
February, 1997
Client: Ford Motor Company and Ken Marks Ford, Inc.
Alleged Defect: Plaintiff claimed that the electrical and fuel systems in their 1992 Ford Escort precipitated a post-collision fuel-fed fire causing disfiguring burns to Plaintiff's minor child resulting in the loss of three limbs.
Plaintiff's Demand: $41 Million
CSTW Trial Team: Ronald E. Cabaniss and Michael J. Wiggins
Verdict: Defense
NICHOLS v. FORD MOTOR COMPANY
United States District Court of South Carolina
September, 1996
Client: Ford Motor Company
Alleged Defect: Plaintiff claimed that the 1990 Ford Ranger was improperly designed and manufactured causing it to roll over during normal driving conditions. Plaintiff also claimed the roof structure welding was inadequate resulting in excessive crush. Plaintiff sought relief on behalf of the deceased.
Plaintiff's Demand: $5+ Million
CSTW Trial Team: Ronald E. Cabaniss and Michael J. Wiggins
(Note: The firm utilized local counsel in Charleston, South Carolina).
Verdict: Defense
JOHNSON v. FORD MOTOR
Circuit Court Marion County, Florida
April, 1996
Client: Ford Motor Company
Alleged Defect: Plaintiff claimed that the three-point seat belt system inertially unlatched in their Ford F-150 pick-up truck. The truck was struck on the driver's side causing it to roll twice. During the rollover phase, their 2-year-old child was ejected. Plaintiff sought relief on behalf of the deceased child.
Plaintiff's Demand: $5+ Million
CSTW Trial Team: Ronald E. Cabaniss and Larry D. Smith
Verdict: Defense
FERAYORNI v. HYUNDAI MOTOR COMPANY
Circuit Court of Broward County, Florida
February, 1996
Client: Hyundai Motor Company
Alleged Defects Plaintiffs claimed that the 1990 Hyundai Excel was defective because it was not equipped with a passive lap restraint system. Plaintiff further claimed that the manufacturer failed to warn users of the danger of wearing a passive shoulder restraint system without the lap belt.
Plaintiff's Demand: $2 Million
CSTW Trial Team: Ronald E. Cabaniss
Verdict: Defense
(Note: This decision was reversed on appeal when the appellate court adopted a new standard in strict liability failure to warn cases).
LOVE v. BRISTOL-MYERS SQUIBB COMPANY
Circuit Court of Duval County, Florida
January, 1996
Client: Bristol-Myers Squibb Company and Medical Engineering Corp.
Alleged Defect: Plaintiffs claimed poor health conditions as a result of defective silicone breast implants.
Plaintiff's Demand: $2.75 Million
CSTW Trial Team: Ronald E. Cabaniss
(Note: The firm acted as local Florida counsel for Bristol-Myers Squibb's national counsel).
Verdict: Defense
