Cases and Results

Wrongful Death

Estate of John Doe v. (an American corporation) (Circuit Court, Miami-Dade County, Florida)
$10 million (present value) confidential settlement. (Total guaranteed payments to survivors in structured settlement exceed $52,000,000). Senior partner Scott Sheftall represented personal representative in wrongful death action stemming from husband/father's death in single vehicle accident while on business in Haiti. Sheftall established that jurisdiction and venue were proper in Miami. Also proved that foreign law of Haiti established a sufficient basis for liability and that American law governed survivors' claims for wrongful death damages.

Estate of Wong-Valle v. Tan-Sahsa Airlines (Circuit Court, Miami-Dade County, Florida)
International Wrongful Death action / Aviation disaster. Scott Sheftall won verdict for surviving children of parents who were killed in crash of commercial flight from Managua, Nicaragua to Tegucigalpa, Honduras. Total Verdict: $1,638,000.

Estate of Nakajima v. FAA (US District Court, Southern District of Florida)
Scott Sheftall brought a Federal Tort Claims/Wrongful death action for Japanese family who lost their son in mid-air collision. Judgment for Plaintiff rendered by district judge in non-jury trial in amount of $637,407 (limited to recovery of the estate's loss of net accumulations and funeral expenses) District judge's imposition of 30% comparative negligence for violation of "see and avoid" rule reversed by US Court of Appeals. Scott Sheftall successfully argued the appeal before the Court of Appeals, Fifth Circuit, which reversed the trial court's imposition of 30% comparative negligence and reinstated full amount of judgment.

Personal Injury

Abrahantes v. Avis Rent-a-Car, Inc. (Circuit Court, Miami-Dade County, Florida) Client suffered head injury in Jeep CJ-5 rollover accident in Grand Cayman Islands. Products Liability / International Tort. Scott Sheftall won a verdict of $2.6 million for clients. Verdict included award of $600,000 for wife's loss of consortium.

Molot v. Vordermeier (Circuit Court, Broward County, Florida)
Scott Sheftall represented a minor child (age 5) who suffered a severe injury to his forearm when he fell from the rooftop of a commercial office building. Suit filed against the building's property manager for maintenance of a dangerous condition (rooftop parapet not in compliance with building code) and for negligence (unimproved office space left open to common hallway and windows to rooftop left unlocked). Real estate manager's insurer denied coverage under its policy with limits of $1 million. Plaintiff gave a covenant not to sue to property manager in exchange for its consent judgment and assignment of his claim for coverage against his insurer. Trial court granted summary judgment establishing coverage was wrongfully denied, affirmed on appeal. Plaintiff recovered $1.2 million (excess over policy limits without proof of bad faith).

L.B. v. The Naked Truth II (Circuit Court, Miami-Dade County, Florida) Negligent security case/sexual assault. Defense verdict, against client, reversed 3d DCA. Case settled for $500,000. Foley v. James Archer Smith Hospital (Circuit Court, Miami-Dade County, Florida)
Slip and fall in hospital waiting room. Defense offered $10,000 to settle at trial. Scott Sheftall won verdict for Plaintiff client for $236,172.

Jane Doe v. ABC Corp. (Circuit Court, Miami-Dade County, Florida)
Female plaintiff on custodial staff of condominium building was overcome by fumes from cleaning agents stored in a closet. Chemicals caused inflammation of her respiratory system and shortness of breath. Scott Sheftall negotiated a settlement for $440,000.

John Doe v. Movie Theatre (U.S. District Court, M.D. Fla.)
Plaintiff client stumbled and fell on unmarked stair in theatre and sustained a fractured ankle. $360,000 settlement.

John Doe v. Cruise Line Co. (US District Court, S.D. Fla.)
Confidential Settlement for $310,000. Client slipped and fell in cruise ship buffet line, breaking his hip.

Jane Doe v. Cruise Line Co. (US District Court, S.D. Fla.)
Confidential Settlement for $140,000. Client suffered fractured wrist in slip and fall aboard cruise ship.

Jane Smith v. Cruise Line Co. (U.S. District Court, S.D. Fla.)
Confidential Settlement for $150,000. Client slipped and fell aboard a cruise ship in dining area and fractured her arm.

John Doe v. Cruise Line Co. (US District Court, Southern District of Florida)
Confidential Settlement for $155,000. Client slipped and fell suffering a fractured wrist.

Jane Doe v. Unnamed Karate Company (Circuit Court, Duval County, Florida)
Confidential Settlement for $390,000. Sexual assault of a minor by karate instructor.

Business Litigation

Global Healthcare Labs, Inc. et al v. Med Gen, Inc. et al (US District Court, Southern District of Florida) Breach of distributorship agreement. Verdict for plaintiff client for $2,235,783.

USA Diagnostics v. Fortune Ins. Co. (Arbitration in Miami)
Class action arbitration concerning PIP claims. Established for first time in Florida jurisprudence arbitrability of class action claims. Arbitration award in favor of Plaintiff class for $2.8 million.

MCLP v. James P. Driscoll (Circuit Court, Miami-Dade County, Florida)
Proceedings supplementary to execution against debtor successor corp./alter ego of judgment debtor. Final Judgment for client for $8,016,602.20.

Zadok R E Holdings, LLC v. Guy-Philippe Bertin Claim in international arbitration against French citizen to enforce terms of Guaranty & Lease in default. International Arbitration award for client for $1,369,024.

XYZ Insurance, Inc. v. Eleven Title Insurance Companies $2 million settlement in antitrust case. Scott Sheftall alleged that group boycott, or joint refusal to deal violated Section1 of Sherman Antitrust Act and drove fledgling insurance company out of business.

Professional Negligence

T. C., Inc. v. One of World's Largest Law Firms Confidential Settlement for $2.3 million for immigration law malpractice.

ABC, Inc. v. Florida Law Firm $2.75 million confidential pre-suit settlement against a Miami law firm whose actions caused the dismissal of its client's federal court case.

Defamation (Libel & Slander)

Television Personality v. UnnamedTelecommunications Co. Confidential Settlement for libelous website publications and dissemination over social media.

John Doe v. a Florida Newspaper Confidential Settlement for sports figure client who was defamed when newspaper published fake interview falsely depicting him as a racist.

Local Public Official v. Jon Doe, et al Confidential Settlement for public official client defamed by poem depicting her as a prostitute and drug user.

Jewish Cemetery v. Rival Company Record-setting Confidential Settlement for private company whose exclusive Jewish cemetery was falsely depicted as catering to gentiles by a rival's letter which was disseminated to prospective customers.