Notable Experience, Verdicts and Published Opinions

• Full defense verdict in Arbitration involving Jones Act seaman who asserted claims for medical malpractice, unseaworthiness and maintenance and cure alleging, in part, that the physicians her employer selected failed to timely diagnose and properly treat her scleroderma, a rare rheumatic disorder. Claimant sought damages in the seven figures.
• Secured dismissal for lack of personal jurisdiction on behalf of numerous corporate and individual clients. Several of the decisions, which include two affirmances by the Eleventh Circuit Court of Appeals, are frequently cited by courts and litigants:
  • Carmouche v. Tamborlee Mgmt., Inc., 789 F.3d 120 (11th Cir. 2015)
  • Wolf v. Original Canopy Tour, et.al., 2017 WL 1149092(11th Cir. Mar. 28, 2017)
  • Levy v. Bahamas Ferries, Ltd. et. al., case no. 17-024299 CA 01 (11th Cir. Ct. Dec. 10, 2018.
  • Monteagudo v. BB Entertainment, Ltd. ,et. al., case no. 16-032785 CA 01 (11th Cir. Ct. Nov. 30, 2018) (Rebull, J.)
  • Bonck v. Carnival Corp., 2019 U.S. Dist. LEXIS 103461 (S.D. Fla. June 19, 2019)
  • Evesson v. Carnival Corp. et. al., case no. 17-23474, D.E. 41 (S.D. Fla. June 20, 2018)
  • Bechard v. City of Mondovi, et. al., case no. 18-cv-01228, D.E. 29 (D. P.R. Oct. 1, 2018)
  • Bechard v. Hollister, et. al., case no. 17-cv-01004, D.E. 49 (D. P.R. June 9, 2017)
  • Chimene v. MC Tours, et. al. 2017 WL 1536055 (S.D. Fla. Apr. 5, 2017)
  • Brown v. Windfeather Charters NV., et al., 202 F. Supp. 3d 1332 (S.D. Fla. 2016)
  • Thompson v. Delisle Walwyn & Co. Ltd. et.al., 174 F.Supp.3d 1327 (S.D. Fla. 2016)
  • Ree v. Out Island Charters, et al., case no. 15-cv-21842, D.E. 57 (S.D. Fla. Feb. 11, 2016)
  • Una Hickey v. Out Island, et. al., case No. 13-cv-20587 (S.D. Fla. July 2, 2014)
  • Farrell v. Zinhle Msali. et.al, 2013 WL 178367 (S.D. Fla. 2013)
• Ceithaml v. Celebrity Cruises, Inc., 257 F. Supp. 3d 1326 (S.D. Fla. 2017) (Williams, J), aff’d, 739 Fed. Appx. 546 (11th Cir. 2018) ( secured summary judgment, which was affirmed on appeal on behalf of cruise operator sued for serious injuries that occurred during a zip lining shore excursion. The court disposed of all claims, including negligence, negligent hiring and retention, and vicarious liability on the theories of actual agency and apparent agency. Had previoulsly secured dismissal of all claims in the Complaint, which included negligence, negligence hiring and selection, joint venture, apparent agency and negligent misrepresentation. See Ceithaml v. Celebrity Cruises, Inc.,207 F. Supp. 3d 1345 (S.D. Fla. 2016). The motion to dismiss the amended complaint was pending when the court granted summary judgment.)
• De La Flor v. Ritz-Carlton Hotel Co., 2013 WL 1874618 (S.D. Fla. May 1, 2013)(Huck, J), aff’d,556 F. App’x 938 (11th Cir. 2014) (secured dismissal with prejudice of entire claim, later affirmed by the Eleventh Circuit Court of Appeals,  in case were hotel guest alleged negligent response to a cardiac arrest, which he further alleged led to permanent brain injury. Plaintiff, a successful trial attorney, claimed damages in the eight figures).
• De La Flor v. Ritz-Carlton Hotel Co., L.L.C, 2013 WL 148401 (S.D. Fla. Jan. 14, 2013) (Huck, J)(successfully removed claim to federal court after establishing that the two local defendants named in the lawsuit were fraudulently joined).
• Amaran v. Royal Caribbean Cruises, Ltd. et.al.,107 So. 3d 417 (Fla. 3rd DCA 2012)(Bagley, J) (secured summary judgment and affirmance from Third District Court of Appeal in favor of ship owner in case where the Plaintiff, a 27 year-old medical doctor, alleged the Defendants negligently responded to her cardiac arrest, which lead to permanent brain injury. During the pendency of case in the lower court, which involved highly complex medical issues, the parties examined over 80 witnesses, including more than 20 experts in fields such as neurology, neuroradiology, cardiology, emergency medicine, and maritime safety. Plaintiff claimed damages in the eight figures. The Court also awarded Defendants the majority of the attorneys’ fees and costs incurred in the case, pursuant to Florida’s Offer of Judgment Statute).
• Estate of Hua Liu v. Tarpoon Lagoon, Inc. et. al., case no. 14-11254 CA 01 (Fla. Cir. Ct. 2016) (Schlesinger, J) (secured partial summary judgment in wrongful death claim after convincing court that Death on the High Seas Act (DOHSA) applied to death that occurred within Florida territorial waters but just outside the three nautical mile mark from shore. Faced with no binding authorities, the court followed a line of cases from other jurisdictions that favored DOHSA’s application, rather than competing cases that Plaintiff cited).
• Chimene v. Royal Caribbean Cruises, Ltd., 2017 U.S. Dist. LEXIS 188937 (S.D. Fla. Nov. 14, 2017)(secured partial summary judgment on Plaintiff’s claims of negligent selection of tour operator, vicarious liability on the theory of apparent agency, and the theory of joint venture)
• Vollman v. Royal Caribbean Cruises Ltd., 2011 WL 10636189 (S.D. Fla. Mar. 16, 2011)(Brown, J) ( secured summary judgment in favor of cruise line in claim where passenger sought considerable damages for injuries sustained while participating in a cruise sponsored audience participation game).
• Freedman v. Royal Caribbean Cruises Ltd, case no. 06-28172-CA-20 ( Fla. Cir. Ct. 2009) (Dresnick, J) (secured summary judgment, later affirmed on appeal, in favor of cruise line in claim where passenger sought considerable damages for injuries sustained while participating in cruise sponsored audience participation game. The Court also awarded Defendants the majority of the attorneys’ fees and costs incurred in the case, pursuant to Florida’s Offer of Judgment Statute).
• Kendall Walker Danderson v. Royal Caribbean Cruises, Ltd.,Case No. 10-5933-CA-13 (Fla. Cir. Ct. 2017) (Rebull, J) (secured summary judgment in favor of cruise line on seaman’s brain injury claim and obtained final judgment on behalf of Jones Act employer/cruise line).
• Black v. Kerzner Int’l Holdings Ltd., 2013 WL 3989064(S.D. Fla. July 30, 2013) (Dimitrouleaus, J) (secured summary judgment on Plaintiff’s punitive damages claim on behalf of the owner/operators of a popular resort in the Bahamas. The court found that Plaintiff, who claimed that gross negligence resulted in serious injuries, failed to establish by clear and convincing evidence that the resort operator’s policies and procedures were grossly negligent).
• Doria v. Royal Caribbean Cruises, Ltd., 2019 U.S. Dist. LEXIS 104354 (S.D. Fla. June 19, 2019)(Williams, J.)(secured dismissal of all claims in the complaint against the shipowner in matter brought by cruise passenger claiming serious injuries following ATV shore excursion. The Court dismissed several claims with prejudice including breach of fiduciary duty, breach of contract on the third party beneficiary theory and vicarious liability on the theory of joint venture).
• Pamela Card v. Royal Caribbean Cruises, Ltd., case no. 18-cv-25031. D.E. 13 (S.D. Fla. 2019)(Moreno, J. ) (secured dismissal of claims of negligence and strict liability following oral arguments in matter involving fall onboard a tender vessel. Court dismissed the strict liability claim with prejudice)
• Denise Leclair v. NCL (Bahamas) Ltd. & Dufry Cruise Services, LLC, case no. 18-cv-23410 , D.E. 42 & 50-1(S.D. Fla. 2019) (Altonaga, J.) (secured dismissal of claims of negligence and apparent agency following oral arguments in matter where cruise passenger claimed she was struck in the back of the head by cabinet door of a jewelry display that unexpectedly opened aboard the ship)
• Betty Kay Anderson v. Royal Caribbean Cruises, Ltd., case no. 18-cv-23699, D.E. 24 (S.D. Fla. 2018) (Altonaga, J)( secured dismissal of all claims in matter brought by estate of cruise passenger that passed away following a bus accident in Mexico while participating in a shore excursion. Following oral arguments, the court dismissed the claims for breach of contract, negligence, negligent hiring and selection, apparent agency, and actual agency.
• Flaherty v. Royal Caribbean Cruises, Ltd., 2015 WL 8227674, at *1 (S.D. Fla. 2015) (Lenard, J) (secured dismissal of all claims in the complaint against the ship owner including negligent failure to warn, misleading advertising, negligent hiring or retention, actual and apparent agency. Plaintiff alleged serious injuries following a cruise sponsored hiking shore excursion).
• Ree v. Out Island Charters, et al., case no. 15-cv-21842, D.E. 57 (S.D. Fla. Feb. 11, 2016) (Cooke, J) (secured dismissal of all claims in the complaint against the shipowner, several with prejudice. Plaintiff alleged serious injuries during cruise sponsored boating shore excursion).
• Le Tran v. Celebrity Cruises, Inc. & Steiner Transocean Limited, 2013 WL 2285546 (S.D. Fla. May 23, 2013) (Moreno, J) (secured dismissal of Plaintiff’s/seafarer’s Jones Act negligence claims against the shipowner after establishing that Plaintiff failed to show she was the shipowner’s borrowed servant. The court also dismissed the unseaworthiness claims against the Jones Act employer, a ship’s concessionaire, finding Plaintiff failed to establish the concessionaire was a demise charterer, exercising possession and control over the ship).
• Zapata v. Royal Caribbean Cruises, Ltd.,2013 WL 1296298 (S.D. Fla. Mar. 27, 2013) (Cooke, J) (Court dismissed all five counts in the Plaintiff’s Complaint against the ship owner and struck all requests for non-pecuniary damages, finding that the Death on the High Seas Act applied in case where cruise passenger passed away after participating in a helmet diving shore excursion in Bermuda. The Court dismissed with prejudice claims premised on theories of joint venture and third-party beneficiary contract, and found that Plaintiff failed to state a cause of action for negligence and negligent hiring and retention of the tour operator. The Court also dismissed with prejudice all allegations that the ship owner failed to provide adequate medical care).
• Gayou v. Celebrity Cruises, Inc., 2012 WL 2049431(S.D. Fla. June 5, 2012) (Scola, J) (Court dismissed in favor of cruise line all but one count in Plaintiff’s Complaint, including counts of negligence, actual agency, misleading advertising, negligent misrepresentation, and breach of third party beneficiary contract. Plaintiff was the managing attorney of a successful law firm, who claimed serious ankle injuries requiring surgery while participating in a zip line shore excursion in Costa Rica).
• Farrell v. Royal Caribbean Cruises, Ltd., 2013 WL 178242 (S.D. Fla. Jan. 2, 2013) (Lenard, J) (Court dismissed with prejudice all six counts in the Complaint asserted against the ship owner in case were Plaintiff alleged medical malpractice and that the ship owner failed to warn her of dangers in and around the port of Grand Cayman, where she allegedly sustained injuries that required surgery).
• Flueras v. Royal Caribbean Cruises, Ltd., 69 So. 3d 1101 (Fla. 3^rdDCA 2011) (secured partial affirmance of summary judgment in favor of cruise line in Jones Act wrongful death claim).