New and noteworthy verdicts and settlements from around the country, selected by VerdictSearch editors. Find out about the case most relevant to your practice, with complete details on awards and settlements; injuries claimed; experts, attorneys, insurers and judges involved; and more.
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Find out about the most important recent Florida cases, selected by VerdictSearch editors. Coverage includes Miami-Dade, Palm Beach and Pinellas counties.
Wal-Mart failed to prevent attack in check-out line, customer alleged
A jury has delivered a six-figure damage award after a department store incident. Patrycja Dalmata alleged that while waiting in a check-out line at a Wal-Mart in Pompano Beach, she was attacked by two customers behind her in 2012. Dalmata, who was diagnosed with a rotator cuff tear that required surgery and soft-tissue injuries to the cervical and lumbar regions, sued Wal-Mart Stores East, LP, for failing to take reasonable steps to prevent the incident. Wal-Mart’s defense denied all allegations and argued Dalmata had the option of not responding to the customers, moving to another line or leaving the store. The jury agreed, but only in part, finding Wal-Mart 70 percent liable, Dalmata 30 percent for a $216,361 net award for Dalmata.
Dalmata v. Wal-Mart Stores East, LP
Worker’s hours were tracked, not owed overtime, defense argued
A company has prevailed in a wages dispute. Melvin Manuel Lopez Osorio alleged that he worked an average of 68.5 hours per week for Art Landscaping in Miami-Dade County from April 2011 thru January 2015 but was paid on a daily rate basis. He claimed he was never paid the overtime rate for hours over 40 in a week, as required by the U.S. Fair Labor Standards Act, and he sued Art and its owner for the alleged violations. Defense counsel denied all charges, contending that Osorio's hours were tracked each week with time cards, which it produced at trial, including paychecks and a pay spreadsheet. The defense argued the records showed he was paid overtime. And the jury agreed, finding Osorio was not owed overtime wages.
Osorio v. Art Landscaping, Corp.
U.S. District Court, Southern District, Miami
Neither company deployed a false advertisement in fuel additive dispute: jury
A jury has found that neither company in a fuel additive false advertising suit/countersuit proved its claim. In 2014, Florida-based Star-Brite Distributing sued Gold Eagle Co. alleging Gold Eagle published a false advertisement that Gold Eagle's Sta-Bil fuel additive product outperformed Star-Brite's Star Tron fuel additive. However, after the complaint was filed Gold Eagle removed the tag with the disputed ad claim from its Sta-Bil product. During trial, Gold Eagle denied false advertising and counterclaimed Star-Brite published a false advertisement about the performance of its Star-Tron fuel additive. The jury found that neither company proved its claim against the other, based on a finding that neither company's advertisement was false.
Star-Brite Distributing Inc. v. Gold Eagle Co.
U.S. District Court, Southern District, Fort Lauderdale
|$46,693,640||Arctic Cat Inc. v. Bombardier Recreational Products Inc.||Federal||Jun 1|
|$41,956,474||Osmond v. Neighborhood Restaurant Partners Florida, LLC||Hernando Co.||Apr 22|
|$40,150,000||Mais v. Cumberbatch||Broward Co.||Kan 5|
|$33,500,000||Estate of Purdo v. R.J. Reynolds Tobacco Co.||Palm Beach Co.||Apr 27|
|$32,000,000||HPC US Fund 1, L.P. v. Wood||Federal||Feb 17|
|$28,795,000||Konzelman v. Philip Morris USA Inc||Broward Co.||Oct 25|
|$28,000,500||Manzano v. Carey Royal Ramm Funeral Home Inc.||Dade Co.||Mar 10|
|$28,000,000||Jara v. Nunez||Federal||Jun 27|
|$23,148,100||Stephens v. Bradshaw||Federal||Feb 3|
|$21,500,000||Estate of Johnston v. R.J. Reynolds Tobacco Co.||Sarasota Co.||Nov 3|