WINTER 1993 - QUARTERLY REPORT TO CLIENTS AND ATTORNEYS

Greg Barnhart Assumes Presidency ofThe Academy of Florida Trial Lawyers

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bigger profits motivates these groups toannually lobby for new laws capping andeliminating damages. protecting at fault partiesand granting immunity. Their annual "rightsassault" is well organized and funded and oftentoo well received by some lawmakers.Fortunately, the Academy is always one stepahead.

Most citizens and lawyers don't even knowthese groups are planning another legislativeonslaught. Unfortunately. even if citizens knew,they would be no match for the high paid, well­connected lobbyists retained by our opponents.Each year the Academy shoulders the burden ofcarefUlly monitoring the special interests activity.Academy leaders go toe-to-toe with the opposition and historically have been very successful.

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GregBarnh",n

Supreme Court. at least one district court ofappeal has ruled that various claims includingmental anguish will not be allowed in caseswhen loved ones die in water related incidents.

In a state that is surrounded by water and inwhich much of the recreational activity is relatedto the water, the injustice of this law screams fora change. The jUdge's ruling to limit the damagesin the Polackwich case to economic damagesonly is being appealed. We are hopeful that theAppellate Court will see that there is no logic orfairness in the distinction between cases thatoccur on the Florida sands versus thosethat occur in Florida waters._

E.arlier this year, Chris Searcy and John Shipley ofour law firm successfully tried a six week case inTampa against florida Power and Light. Duringthe trial, the lawyers proved that FP&.L had strungits' power lines dangerously close to the water'ssurface in an area adjacent to the Gulf of Mexico.Dr. Bob Polackwich and his stepson, JonathanRichards. were caught by the wind and currentsand their rented catamaran was blown into theseJines. They died as a result of their electrocutioninjuries.

The wife and mother. Mrs. Polacl<.wich, recovered5.6 million dollars in economic damages, but,due to a quirk in maritime law, no damages wereallowed for the widow for the mental anguish ofJosing her husband and son. In addition, nodamages were allowed for mental angUish for thechildren of Dr. Polacl<.wich. BUT had this caseoccurred as a result of an incident on~ all ofthe non-economic damages (Le.: mental anguish;pain and suffering. etc.) would be allowed underFlorida law.

Maritime law is the law of the sea which hasevolved from ancient times and is based on apolicy that favors shipping interests. Although theissue has not been finally set~led by florida's

"No man's life, liberty or property is safewhile the Legislature is in session."

The Honorable Gideon J. Tucker, 1866

In November. Greg Barnhart begins a one yearterm as Academy President. Greg follows ChrisSearcy's footsteps, having served many years asa director, officer and this past year asPresident-E.lect. Although he has worked hard inthe past, the coming year presents Greg'sbiggest challenge. "It's a big, tough job. but Iam really looking forward to assuming thegavel:' said Greg.

For those unfamiliar with the Academy, it is awell organized group of very dedicated lawyerswhose primary goal is the protection of victims'constitutional rights. A noble pursuit but nosmall task given the opposition. Some doctors,insurance companies and big businessestirelessly seek ways to insulate themselves fromlegal responsibility for wrongdoing. The lure of

Favorable Verdict In Tampa Despite Bad law(CLIENT POLACKWICH AWARDED5.6 MILLION DOLLAR5 AGAINST FP&.L)

PARALEGALS:

DALE E. BROOKSDEANE l. CAr:1flAMES E. COOK

EMILIO DlAMANTISDAVID W. GIlMOREJOHN C. HOPKINS

TED E. KULESAPETER J. LOVE

MARJORIE A. MORGANJOEL C. PADGETT

WIlliAM H. SEABOLDKATHLEEN SIMONSTEVE M. SMITH

MARIAM Y. SOTOJUDSON WHITEHORN

DEBORAH A. ZEAK

AnORNEYS AT LAW:

MOSES BAKER. JR.f. GREGORY BARNHARTLAWRENCE I. BLOCK. JR.

EARL L. DENNEY, JR.LOIS J. FRANKEL

DAVID K. KELLEY. IR.T. MICHAEL KENNEDY

KATHERINE A. MARTINEZJAMf5 N. NANCE

WILLIAM A. NORTONDAVID I. SALf5JACK SCAROLA

CHIUSTIAN D. SEARCYJOHN A. SHIPLEY

TODD S. STEWARTCAL WARRINER

r. O. DRAWER 3626WEST PALM BEACH

FLORIDA 33402-3626

2/39

PALM BEACH LAKES BLVD.WEST PALM BEACH

flORIDA 33409

800-780-8607(407) 686-6300

FAX: (407) 478-0754

NOTE: The accounlS of recenttnals, verdlcls and setllemenlScolltained in this newslelteris inlended 10 IliusHate lheexperience of {he firm in avariety of IIligatlon areas. EachCi'l5e is unique. and the resultsin one case do nOI necessarilyindicate the quality or valueof any Other case.

The Meeting Corner:

Kathie Simon, a paralegal at the firm,began her career in law in 1967 work­ing for a personal injury defense lawfirm in Pittsburgh, PA. While liVing inPittsburgh, she also managed the Insur~

ance Company of North America HouseCounsel offices. When she relocated toFlorida in 1979, she began working asa legal secretary. In 1982, she joinedSearcy Denney Scarola Barnhart &.Shipley working directly for Chris Searcy.She continues to assist Mr. Searcy inthe organization, maintenance andcontrol of files: training and supervisingsecretaries: giving personal attention toclients and witnesses: assisting in trial

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time told prosecutors they had thewrong man. $20,000 was spentdefending the criminal charges. JackScarola and David Sales obtained averdict against the detective and theCity of Palm Beach Gardens for$601,000. Defendant's pretrial offerwas $50,000.•

JANE DOE, a minor, '5. DOE HOSrlTALTwo year old Jane Doe suffered fromwell-controlled asthma. On the datein question, she had asthma-likesymptoms which progressivelyworsened. She was taken to theemergency room and upon arrival,was wheezing, retracting, tachycardiacand cyanotic. A proper dose ofepinephrin was given. However, thechild was not immediately started onoxygen and no intravenous accesswas gained. The standard of carerequires close monitoring followingthe initial dose of epinephrin and afollow-up dose of orally inhaledalbuterol. Approximately an hour later,an additional dose of epinephrin wasgiven and there was significantdispute over the actual dosage. Themedical records indicated 1.5milligrams of epinephrin were given-­ten times the indicated amount. laneimmediately suffered a respiratoryarrest which resulted in severe braininjury. In this case, the subsequenttreating neonatologist testified thatJane did not receive standard medicalcare. Christian Searcy, John Shipleyand Todd Stewart negotiated asettlement immediately prior to trialfor $6.5 million dollars. _

FERGUSON '5. NORJ'H AMERICANVAN LINES

Joe Ferguson had been a major top­producing exclusive agent for NorthAmerican Van Lines in BrowardCounty for over 20 years. In 1985North American met secretly withanother mover and granted a contractallowing them to compete for Browardbusiness. Unfortunately for Ferguson,he had just completed a major capitalexpansion and consolidation of hisoperations requiring substantialcapital outlay. Competition for his

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ARCH '5. on OFPALM BEACH GARDEN S

Plaintiff, a 47 year old power companyemployee, was arrested and chargedwith trespass and robbery. Thevictims identified the suspect as a5/9", 250 pound clean-shaven manwith an Italian accent. Mr. Arch is6'2", 210 pounds and has worn abeard for 20 years. The investigatingdetective told prosecutors bothvictims positively identified Mr. Arch.This was denied by the victims. Inaddition, the detective failed tofollow-up on significant leads, confirmMr. Arch's alibis and interview peoplewho knew Mr. Arch had worn a beardfor nearly 20 years. Based on the de­tective's sworn allegation, Arch spentthe night in jail and 'was electronicallymonitored while awaiting trial. Mr. Archwas suspended from his employmentwithout pay during this time. Bothvictims attended a supression hearingand upon seeing Mr. Arch for the first

JANE DOE, a minor, '5. DOE HOSPITALand ROW OBSTErRlCIAN

At week 29 of her first pregnancy,Jane Doe's mother began leakingamniotic fluid. Her obstetrician did notfeel she was leaking fluid. However, hetold her to insert a tampon to deter­mine if it was amniotic fluid or urine.The next morning, Jane's mother beganfeeling cramps and noticed that shehad lost additional flUid. Her obstetri­cian, already at the hospital, told herto come in. Upon arrival the admittingdepartment was dark. It tool< forty fiveminutes before they arrived in laborand delivery. Unfortunately their obste­trician had left for the dentist to havehis teeth cleaned. For thirty minutes,the nurses mistakenly interpreted aheart tone of 60 as being the mother's,instead of that of the fetus. When thephysician fi.nally arrived, a sonogramwas performed showing an agonalfetal heart rate in the 40's and anemergency C.section was performed.The child was born profoundlydepressed and suffers from significantbrain injury. Christian Searcy, GregBarnhart and Todd Stewart negotiateda settlement on the eve of trial for$5.5 million.•

WINTER 1993 - QUARTERLY REPORT TO CLIENTS AND ATIORNEYS

Decisions•••Decisions•••Decisions•••

KathleenSimon

Christian D.Searcy ~.,- .Chris Searcy is president and apartner of the firm of Searcy DenneyScarola Barnhart &.. Shipley, P.A. ofWest Palm Beach, Florida. He is a grad.uate of the University of Virginia wherehe received his B.A. with Distinction in1969. In 1973 he graduated in the top16% of his class from Stetson Univer­sity Law School. In 1978, at age 30.he was honored as the youngestlawyer in the United States to achievea verdict of one m iJlion dollars for asingle personal injury lawsuit.

M r. Searcy is a Board Certified CivilTrial Lawyer and designated in theareas of Trial Practice - PersonalInjury and Wrongful Death. He is amember of the Board of Overseers ofStetson University Law School. He islisred as one of the best lawyers inAmerica in a book entitled, The Bes(Lallyers in America, which was theresult of an independent study andsurvey by several Harvard lawprofessors. He is also featured inWho's Who in American Law. In 1983,he was selected by the Trial AdvocacySociety of Stetson University LawSchool as the Ou/slanding Tria! Lawyeroj America. His personal philosophyincorporates a strong commitment toserving his clients and thecommunity. He is widely recognizedfor personally and professionallysupporting non-profit organizationsthat are committed to the disabled,imprOVing education, and supportingthe arts.•

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Simon (Continued from I'"se 2.)

preparation and attending jury selec­tion and trials. She studied Businessand Psychology while attending theUniversity of Pittsburgh.-

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David W.GilmoreDavid Gilmore is a paralegal/investigator at Searcy Denney ScarolaBarnhart &. Shipley. He is a graduateof the University of Florida with a B.s.degree in zoology (pre-med). In 1971.he began a career in the insuranceindustry in which he served in variousmanagerial capacities. Prior to joiningthe firm, he was Vice President / Part­ner in an all lines insurance agency.His knowledge of the insurance fieldis thorough and extensive. Davidassists all of the attorneys with inves­tigating the complex issues of medicalmalpractice. personal injury and pro­ducts liability cases. His duties include:erial preparation. liaison between at­torney and witness, assisting clientswith special needs and overseeingall aspects of case development. _

B.unh.ut (Conlinued from [Ji\l{e I)

ThiS past year Greg and manyAcademy members locked horns withspecial interests on several key issues,including workers' compensation,collateral sources and limiting aninjured person's choice of doctors. TheAcademy was instrumental in passinga consumer friendly collateral sourcelaw which prevents insurancecompanies from deducting benefitsthe consumer paid for himself from apersonal injury jury verdict.

Raise the topic of last year's sessionand Greg will smile briefly. His moodchanges as he qUickly turns theconversation toward the future. "Thiscoming year Florida citizens face oneof the most organized and viciousattacks we have ever seen," he says."Our opponents have the money andresources to come back year afteryear seeking favorable legislation atconsumers' expense. "We areprepared and we expect to wi nbecause justice is on our side, but itwill be one tough fight," according toGreg.

Heading the medical communities'agenda in 1994 is a proposed newlaw allowing contract immunity. Ifpassed, doctors and otherprofessionals could conditiontreatment and services upon thesigning of a contract which waivespatients' rights to sue even beforethey receive treatment. Current law

Silicone GelBreast ImplantSettlementImminentDow Chemical Company and CorningCorporation have preliminarily agreedto set aside $4.75 billion dollars tosettle breast implant litigation. Thesesettlements will not be restricted tothose who have already made claims.Settlements may be available topersons who have implants, but arenot currently experiencingcomplications.

We have a team of attorneys andparalegals working on our existingbreast implant cases. They areknowledgeable concerning the legaltheories and physiological problemsassociated with implants. In addition,they know what's happening with theproposed settlements. If you knowanyone with breast implants who hasnot recently consulted an attorneyabout their rights as an implantvictim, we would be happy to help._

prevents such contracts. "We know itis coming and are prepared to do ourbest to ensure it doesn't pass," Gregsaid.

Aside from his legislative duties, Gregwill busy himself insuring that theAcademy's other functions runsmoothly. Keeping members informedand Imowledgeable on changes inlegislation, case law and trialtechniques are other importantAcademy goals.

Searcy Denney Scarola Barnhart &.Shipley. P.A. is proud to continue itsleadership role in an organization thatserves the interests of our clients andfellow attorneys so well. In addition toGreg and Chris, Moses Baker and LoisFrankel have held leadership positionsand Lance Block will be running forthe Board of Directors this fall. Pleasejoin us in wishing Greg the best ofIuck during his upcoming year asPresident of the Academy. _

Taking •••

Time toCareSearcy Denney Scarola Barnhart &.Shipley is known for both its suc­cessful representation of clients andits generosity and involvement in civicaffairs. In 1992 alone. the firm madefinancial charitable contributions to124 different not for profit charitiesand organizations throughout PalmBeach and Martin Counties. Thesecontributions were made to a broadvariety of groups which prOVide adiverse and very necessary array ofprograms and services to those inneed. Some of those included were;

Adopt A FamilyAlzheimer's AssociationA merican Cancer SocietyAmerican Red CrossAmerican Heart AssociationAssociation for Retarded CitizensBig Brothers / Big SistersBoy ScoutsBoys &. Girls ClubCenter for Children in CrisisChildren's Place / Connor's NurseryCities In SchoolsD.A.R.E.Deaf Services CenterDreher Park ZooEaster Seal SocietyFood for FamiliesFriendship ConnectionGuardian Ad LitemHispanic Human ResourcesHope HouseHorses &. The HandicappedJewish family &. Children's ServiceLegal Aid SocietyLeukemia SocietyLord's Place (Homeless Shelter)MADDMake A Wish FoundationMarch of DimesMarineLife CenterMental Health AssociationPalm Beach County Literacy

CoalitionProject GraduationSpecial OlympicsTri-County TECUnited Cerebral PalsyUnited Negro College Fund

Urban League

We believe in making our communitya better place to live by donating ou rtime and money to those less fortu­nate. Our commitment persists thisyear ... as it continues to be ourprivilege to take "Time to Care:' _

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Decisions...(Continued from page Z)

exclusive Broward County businesssignificantly inhibited his cash flowand in turn caused his company toexperience losses in 1987 through1989. Ferguson sold his company at asubstantial loss in 1989. Ferguson'sclaims included breach of theexclusivity provision of his contractand tortious interference withFerguson's business relationships. JackScarola and David Sales received ajury verdict for $15 million including$1.3 million in compensatory damagesand $13.7 million in punitivedamages.•

JANE DOE vs. DOEPlaintiff, Jane Doe. was an exceptionallysuccessful businesswoman. She devotedconsiderable time to sports andphysical activity and was in excellenthealth. On March Z, 1991 she wasriding her bicycle, along with others,when the defendant attempted topass her on his bicycle. As he spedpast her, he clipped her handlebarcausing her to fall, hitting her leftelbow on the paved bike path. Shesuffered a fracture dislocation of herleft elbow. This severe injury required

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surgery with internal fixation. Mostimportantly. it required removal of theradial head. The defendant deniedcontact between the two bicycles andalleged Ms. Doe fell because of herown negligence. Earl Denney settledthis case on the eve of trial for$640,000, in addition to haVing all ofMs. Doe's medical expenses paid._

LOVITT vs. COUNTY SANITATIONPlaintiff, Mr. Lovitt, was a 55 year oldheavy equipment operator. He wasoperating his automobile on SelvitzRoad in Fort Pierce, Florida where heattempted a left-hand turn.Unfortunately, a garbage truck ownedby County Sanitation was returning tothe maintenance yard to have itslights repaired. The garbage truckcrashed into Mr. Lovitt's automobilecausing a severe acetabular hipfracture. Mr. Lovitt contended thegarbage truck's lights were notoperating at the time of the accident.The defendants admitted they werereturning to the maintenance yard,but stated the lights were operating atthe time of the accident. Mr. Lovittcould not return to his employment asa heavy equipment operator. This casewas settled by John Shipley immedi­ate�y prior to trial for $750,000.•

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