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Recent Results

Heylin v. Mutters, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, Case # 05-2010-CA-046695

On April 14, 2017, Florida Trial Team shareholder Alexander Muszynski, III and associate Cameron E. Shackelford obtained a summary judgment award on behalf of defendant, Anita Mutters, in the case of Heylin v. Mutters. This was a negligence case arising out of an alleged altercation between the Plaintiff and Anita Mutters’ 17-year-old son, Benjamin. Summary judgment was awarded for all claims which pled intentional battery as to the minor and Mrs. Mutters and negligent supervision of a minor as to the minor and Mrs. Mutters.
Upon appeal, the Fifth District Court of Appeal upheld the award of summary judgment on July 24, 2018 with a per curiam affirmance of the trial court’s proceedings.


Carolina Casualty Insurance Company v. Hadley & Lyden, Inc., et al.,, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, Case # 2015-CA-002208-11B-W

On February 7, 2019, Florida Trial Team shareholder Alexander Muszynski, III and associate Cameron E. Shackelford obtained a summary judgment award on behalf of defendants, Hadley & Lyden, Inc. and Bradly Allen, in the case of Carolina Casualty Insurance Company v. Hadley & Lyden, Inc. and Bradly Allen. This was a multi-count case arising out of an alleged failure to timely submit a request for endorsement adding a vehicle to a commercial liability policy. The court determined its finding as to the full force and effect of the endorsement on the day of the accident at issue resolved the claims of negligent failure to procure insurance, negligent misrepresentation and advice, equitable subrogation and vicarious liability. The Defendants are pursuing the Plaintiff for attorney’s fees and costs pursuant to a proposal for settlement served approximately two years earlier.


Parker v. Shelmar Property Owners Association, Inc., in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, Case # 16-2015-CA-2604

On Friday, June 1, 2018, Florida Trial Team Shareholder John R. McDonough obtained a summary judgment in Seminole County Circuit Court in the the case of Parker v. Shelmar Property Owners Association, Inc., Case # 16-2015-CA-2604. This was a premises liability lawsuit arising out of a trip and fall over a parking stop. Relying upon Ramsey v. Home Depot U.S.A., Inc., 124 So. 3d 415, 417 (Fla. 1st DCA 2013), the court held that Shelmar Property Owners Association, Inc. was entitled to summary judgment in its favor and against the plaintiff.


Williams v. Jacksonville Aviation Authority, etc., et al., in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Case # 16-2015-CA-2604

On February 9, 2018, Florida Trial Team shareholder Alexander Muszynski, III and associate Cameron E. Shackelford obtained a defense verdict on behalf of the defendant, Jacksonville Aviation Authority, in the case of Williams v. Jacksonville Aviation Authority, etc., et al.. This was a premises liability case arising out of a slip and fall accident.


Traynor v. The Winter Park Redevelopment Agency, LTD., in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case # 2014-CA-1637-O

On August 16, 2017, Florida Trial Team shareholder Alexander Muszynski, III and associate Cameron E. Shackelford obtained a final summary judgment on behalf of the defendant, The Winter Park Redevelopment Agency, LTD, in the case of Traynor v. The Winter Park Redevelopment Agency, LTD.. This was a premises liability case arising out of a trip and fall accident.


Villanueva v. Johnathan’s Custom Builders, LLC, etc., et al.; In the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case # 2015-CA-007537-O

On Tuesday, June 6, 2017, Florida Trial Team Managing Shareholder Robert E. Bonner obtained a summary judgment in Orange County Circuit Court in the the case of Villanueva v. Johnathan’s Custom Builders, LLC, etc., et al.; Case # 2015-CA-007537-O. This was a wrongful death lawsuit arising out of a fatal construction site accident. Relying upon the exclusive remedy provisions of Fla. Stat. §440.11, the court held that Johnathan’s Custom Builders was entitled to summary judgment in its favor and against the plaintiff.


Pellechio v. Grose, etc., et al., 6:15-cv-1056-Orl-CEM-GJK, In the United States District Court for the Middle District of Florida, Orlando Division.

On Tuesday, February 7, 2017, Florida Trial Team Managing Shareholder Robert E. Bonner and Associate David R. Lane obtained a summary judgment in the United States District Court for the Middle District of Florida in the the case of Pellechio v. Grose, etc., et al.; 6:15-cv-1056-Orl-CEM-GJK. This was a federal civil rights action against 4 law enforcement officers involving allegations of excessive force and false arrest.


Schoenk vs. Hawkeye Plumbing Company, Inc., etc. et al.: Case # 2015-CA-004450, In the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida

Florida Trial Team shareholder John E. Bengier obtained a summary judgment in favor of his client, Hawkeye Plumbing Company, Inc., as a result of the plaintiffs’ spoliation of evidence. The plaintiff claimed that he was seriously injured and his home was destroyed when a gas hot water heater exploded. Following the explosion and fire which were the subject of this litigation, the plaintiffs’ homeowners carrier and its consulting company took possession of the gas hot water heater which the plaintiff claimed was the cause of the explosion and fire.

The gas hot water heater was destroyed while in the possession of the consulting company. None of the defendants were notified of the location of the gas hot water heater or provided an opportunity to inspect it prior to its destruction. As such, the defendants were unable to have an expert examine it, determine its condition at the time of the incident, whether it was altered, repaired or subject to abnormal operation.

Relying upon Flury v. Daimler Chrysler Corp., 427 F.3d 939, 943 (11th Cir. 2005); Torres v. Matsushita Elec. Corp., 762 So.2d 1014 (Fla. 5th DCA 2000); and Silvestri v. General Motors Corporation, 271 F.3d 583 (4th Cir. 2001), Mr. Bengier asserted that the defendant was prejudiced as a result of this spoliation of evidence and was entitled to summary judgment. The trial court agreed and granted summary judgment in favor of the defendant.


Brown v. Lazinsky, etc., et al., Case # 14-14163-MARTINEZ-WHlTE, In the United States District Court for the Southern District of Florida, Ft. Pierce division.

Florida Trial Team Managing Shareholder Robert E. Bonner obtained a final judgment in favor of 2 law enforcement officers and against the plaintiff in this federal court lawsuit alleging federal excessive force claims.


Dressendorfer, etc., et al., v. Taylor Morrison Services, Inc., etc., et al., case # 33-20-1300-0294

Florida Trial Team member John E. Bengier obtained rulings in favor of his client, Randall Rathjen, Inc., in this complex AAA arbitration regarding homes built by Taylor Morrison in the Bartram Springs subdivision between 2004 and 2009. During the arbitration which took place between November 16, 2015 and December 3, 2015, three homes within that subdivision (Pasket, # TM-310; Walden, # TM-239; and Vo/Pham, # TM-179) were taken up for consideration. After hearing all the evidence, considering the exhibits offered in evidence, and having heard argument of counsel, the AAA panel found in favor of Randall Rathjen with respect to each of these homes. The AAA apportioned no dollar amount to Randall Rathjen, Inc. of the damages it found Taylor Morrison owed to the home owners for defective construction.


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