Verdicts / Results

Negligent Security Summary Final Summary Judgment Granted

Seminole County, Florida – Calvin Gittens and Michael W LeRoy, after multiple years of highly contentious litigation, inclusive of an interlocutory appeal, obtained Final Summary Judgment on behalf of our client, a large national movie theater chain, in a case in which the plaintiff alleged that she sustained significant permanent physical and emotional distress damages of $1 million or more as a result of our client failing to have, in place, proper safety and security protocol in place when a shooting incident occurred near our client’s leased property in a shopping mall parking lot. After considering the sworn deposition testimony of dozens of witnesses and over 15,000 pages of evidentiary exhibits which had become part of the clerk’s official record, the court concluded that our client did not breach any duties which were, or may have been, owed to the plaintiff and was not negligent or liable to the plaintiff and, in turn, granted our Motion for Final Summary Judgment in favor of our client.

Premises Liability – Summary Judgment Granted

Seminole County, Florida – Elizabeth Stolinas of firm’s the Orlando office successfully obtained Final Summary Judgment in favor of our client, a fitness facility, when Plaintiff claimed extensive and severe personal injuries and damages arising out of a slip and fall incident. Plaintiff had previously executed an agreement containing an exculpatory clause, thereinby waiving any and all potential claims against our client. The Court granted Final Summary Judgment in our client’s favor based upon our successful arguments that the language contained in the exculpatory clause clearly and unequivocally released our client from any and all negligence, thereby precluding Plaintiff’s lawsuit.

Motor Vehicle Accident/Multiple Surgeries

Hillsborough County, Florida – Sean M. Conahan and Tera L. Radigan. Fulmer LeRoy & Albee, PLLC was assigned to defend the driver and company of a commercial delivery service in a rear-end accident in which the client/driver ran into the back of the plaintiff’s vehicle. Fulmer LeRoy & Albee, PLLC was successful in convincing the jury that the three subsequent spine surgeries were not causally related to the motor vehicle accident. Despite a directed verdict as to liability and partial directed verdict as to causation, Sean and Tera successfully convinced the jury to return a verdict for less than half of the pretrial offer.

Wrongful Death Summary Judgment Granted

Orange County, Florida – Michael W. LeRoy obtained Final Summary Judgment in favor of our client, an international trucking and transportation company, where the total damages sought by the Estate of the decedent was in excess of $6 million.

Employment Discrimination Summary Judgment Granted

Marion County, Florida – Michael W. LeRoy obtained Final Summary Judgment on behalf of our client, a medical practice, in a case in which the Plaintiff sought over $ 1 million for alleged race and age discrimination in the workplace.

Premises Liability Summary Judgment Granted

Orange County, Florida – Michael W. LeRoy obtained Final Summary Judgment on behalf of our client, a student housing complex affiliated with a local university, in a negligent security case, in which the Plaintiff sought damages in excess of $1 million.

Motor Vehicle Accident/Traumatic Brain Injury

Polk County, Florida – Sean M. Conahan and Carrie L. Pilon. Fulmer, LeRoy & Albee, PLLC was assigned to defend the owner and her 19-year old son, a permissive user, involved in an accident in which a three year old girl sustained traumatic brain injuries. After two days of jury deliberation, the jury returned a complete defense verdict finding that the defendant driver was not responsible for the accident. A defense verdict was entered in favor of the clients.

First Party Motor Vehicle Accident

Manatee County, Florida – Sean M. Conahan and Tera L. Radigan. Fulmer LeRoy was assigned to defend the insurance carrier in a first-party claim for uninsured/underinsured motorist benefits as the result of a motor vehicle accident in which the Plaintiff was a passenger. The passenger was claiming that she sustained injuries which included a diagnosis of Complex Regional Pain Syndrome as a result of the accident. After 5 days of trial, the Plaintiff and the carrier entered into a confidential settlement prior to the jury rendering a verdict.

Motor Vehicle Accident

Hillsborough County, Florida – Sean M. Conahan of the Tampa office defended the driver and vehicle owner in a trial for alleged injuries to the plaintiffs resulting from a multiple vehicle chain-reaction accident in which the order of the impacts was contested. After four days of trial, the jury was unable to reach a unanimous decision that the client was the legal cause of any injury to the Plaintiffs. The Court declared a hung jury and a mistrial was entered.

Motor Vehicle Accident/Claimed Traumatic Brain Injury

Manatee County, Florida – Sean M. Conahan and Tera L. Radigan. Fulmer, LeRoy & Albee, PLLC was assigned to defend the owner and permissive driver of a personal automobile involved in a three-vehicle accident. Following the first collision between the client and a third-party, the client’s vehicle impacted with the Plaintiff’s vehicle, which was stationary, preparing to exit a private commercial parking lot. As a result of the impact, the claimant was claiming injuries which included a permanent traumatic brain injury, and an acute disc injury requiring an anterior cervical discectomy. Fulmer, LeRoy & Albee, PLLC was successful in convincing the jury that neither the subsequent surgery nor the claimed traumatic brain injury were causally related to the motor vehicle accident. Despite a directed verdict as to liability, Sean and Tera convinced the jury to return a total verdict of under $1,000.00.