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Recent Results

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.


Landsman v. McClellan, case # 2:13-cv-14375-DLG, In the United States District Court for the Southern District of Florida, Ft. Pierce division.

On Friday, November 13, 2015, Florida Trial Team Managing Shareholder Robert E. Bonner and Associate David R. Lane obtained a defense verdict in the United States District Court for the Southern District of Florida in the the case of Landsman v. McClellan, case # 2:13-cv-14375-DLG. This was a civil rights lawsuit involving allegations of excessive force. Following a week-long trial, the jury returned a verdict in favor of the defendant, Fletcher McClellan, and against the plaintiff, Allison Landsman. In its verdict, the jury specifically found that the defendant did not intentionally commit acts that violated the plaintiff’s federal constitutional rights not to be subjected to excessive or unreasonable force.


Newman v. The Palms Country Club and Resort Condominium Association, Inc., case #  2014-CA-2608, in the Circuit Court of the Ninth Judicial Circuit, in and for Osceola County, Florida.

Florida Trial Team Shareholder Donald L. O’Dell obtained a dismissal with prejudice for fraud on the court in this Osceola County premises liability action.


Rader v. Mercaldo, etc., et al., case # 6:13-cv-878-ORL-31

Florida Trial Team members Robert E. Bonner and David R. Lane obtained a summary judgment on behalf of 3 law enforcement officers in this federal court lawsuit alleging federal excessive force claims and state court wrongful death claims arising out of a police shooting.


Ortiz v Moon, etc., et al., case # 6:14-cv-362-ORL-37

Florida Trial Team members Robert E. Bonner and David R. Lane obtained a summary judgment on behalf of a law enforcement officer in this federal court false arrest/malicious prosecution action.


Dressendorfer, etc., et al., v. Taylor Morison, Inc., etc., et al., case # 33 527 Y 00294 13,

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 week of June 16, 2015, five homes within that subdivision 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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