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| September 15, 2008 |
By: Review staff & VerdictSearch |
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Case: Staci Bennett, as mother and natural guardian of a minor, Joshua Bennett, and Joshua Bennett individually v. Greg Lavan and Kelley Lavan
Case no.: 02-003709
Description: Sexual molestation
Filing date: March 26, 2002
Trial date: June 10, 2008
Judge: Palm Beach Circuit Judge Kenneth Stern
Plaintiff lawyer: William Zoeller, Schuler Halverson & Weisser, West Palm Beach
Defense lawyer: None
Jury decision: $17.1 million
Details: Joshua Bennett was 10 and living in Wellington in 2000 when he was befriended by Thomas Lavan, also known as Thomas Conti, who was Joshua’s 17-year-old youth league football coach.
The friendship turned into three months of repeated sexual molestation of Joshua by Lavan, who “became obsessed” with Joshua, keeping pictures of the 10-year-old all over his bedroom walls and sometimes sleeping outside the younger boy’s window.
“It was about as bad as it could be as far as the sexual acts,” Zoeller said.
When Joshua finally told his parents what was happening, Zoeller said Lavan was arrested, convicted of sexual battery on a minor and placed on probation.
Joshua’s parents sued Lavan’s parents in 2002, claiming lasting psychological effects on their son.
“It destroyed his life,” Zoeller said.
Plaintiff case: Joshua did not testify in the civil trial, but his mother did, Zoeller said. He read into the record depositions by three psychiatrists who described the negative effects on Joshua.
“We sued the parents because there was evidence the parents knew that their son Thomas was sexually molesting the 10-year-old boy,” Zoeller said.
Defense case: The Lavans’ original counsel withdrew from the case and was not replaced. The Lavans did not attend the civil trial, and the other family obtained a default order on behalf of the Bennetts.
Outcome: After deliberating for about 45 minutes, Zoeller said the jury returned a verdict of $17.1 million in damages against the Lavans.
Joshua was awarded $5 million for past pain and suffering, $5 million for future pain and suffering, $100,000 for past medical expenses and $1.5 million for future medical expenses for a total of $11.6 million.
His mother, Staci, who Zoeller said also needed psychological help, was awarded $5.55 million: $2.5 million for past pain and suffering and $2.5 million for future pain and suffering. She also was awarded $50,000 for past medical expenses and $500,000 for future medical expenses.
Comments: Zoeller said Lavan has violated probation twice, most recently after allegedly looking over the top of a stall in a public restroom. Lavan is in jail awaiting sentencing for probation violation. Zoeller said Joshua’s parents want a 30-year prison sentence.
Post verdict: Zoeller said he’s not sure if the Bennetts will collect any of the award because the Lavans’ assets have not been determined.
“We are in the process of attempting to collect,” Zoeller said. “Most likely we’re knocking on a dead tree, but we’re in the process of finding out.”
Zoeller said the Bennett family has moved to another state.
— Bud Newman
William Zoeller photo by Melanie Bell
Maritime/Admiralty
U.S. District Court, Fort Lauderdale
Cruise ship not at fault for woman’s fall on ramp
A jury rejected a woman’s claim that a poorly designed ramp on a Costa Cruise Lines ship was to blame for her fall.
Bella Suppa, who is in her 70s, fractured her shoulder in the fall. She claimed the ramp was too steep, had no hand rails and left too large a gap between the edge of the deck and the ramp.
The defense’s mechanical engineering expert said the ramp met all applicable standards. Defense counsel presented a model of the ramp to the jury and pointed out the ramp had only a 3-degree incline.
Case: Suppa v. Costa Cruise Lines N.V.
Case no.: 0:07-cv-60526-JIC
Plaintiff lawyer: Glen Z. Goldberg, Goldberg & Rosen, Miami
Defense lawyers: Richard J. McAlpin and Erick Matthew San Julian, McAlpin & Conroy, Miami
Motor Vehicle
Palm Beach Circuit Court
Driver recovers for injuries in multiple-car crash
A woman who claimed back, neck and shoulder injuries in a multiple-car rear-ender recovered $43,884.
Shannon Potter was rear-ended by Kelly Ochs, who had been rear-ended by another driver.
Defense counsel argued Ochs wasn’t to blame because her car was pushed into Potter’s.
The jury found Ochs 90 percent liable and the other driver, who wasn’t named as a defendant, 10 percent liable. Potter was awarded $48,884, which was reduced by 10 percent.
Case: Potter v. Ochs
Case no.: 50 2005 CA 011341 XXXXX MB
Plaintiff lawyer: Brian Scher, Brian Scher P.A., West Palm Beach
Defense lawyer: Elwood M. Obrig, Elwood M. Obrig P.A., Clermont
Pinellas Circuit Court
Driver awarded for neck injuries sustained in collision
A jury awarded $1.05 million to a woman who sustained cervical herniations in a three-car rear-ender.
Carol Hewett sustained three disc bulges, two of which herniated, in the low-speed crash. Her biomechanics expert testified the rigid chassis of Hewett’s pickup caused the total force of the collisions to transfer into her cab.
Although the speed of the vehicle that caused the initial crash was low, the change in velocity that Hewett’s neck experienced was significant.
Hewett, who is an attorney, was awarded $113,000 for past and future lost earnings.
Case: Hewett v. State Farm Mutual Automobile Insurance Co.
Case no.: 04-4962-CI
Plaintiff lawyer: Ralph L. Gonzalez, Yerrid Law Firm, Tampa
Defense lawyer: Bruce David Austin, Austin Ley Roe & Patsko, St. Petersburg
Premises Liability
St. Johns Circuit Court
Resort guest wins award for knee injury on dock
A man who injured his knee when he fell through a dock was awarded $203,914.
Gary Mortemore, who is in his 60s, was walking on a dock at the BeachComber Outdoor Resort in St. Augustine when his leg went through poorly maintained boards.
He underwent knee surgery and now walks with a limp.
Case: Mortemore v. BeachComber Outdoor Resort Inc.
Case no.: CA05-0295
Plaintiff lawyer: Harry A. Shevin, Dominick Shevin, Palm Beach Gardens
Defense lawyer: Daniel A. Mowrey, Law Office of Daniel A. Mowrey, St. Augustine
Hillsborough Circuit Court
No award to man attacked in home-improvement store
A jury rejected a man’s claim that Home Depot’s lack of security resulted in an attack by another customer.
Hannibal Mrad was shopping in a Tampa store when he asked a female shopper about an item in her cart.
The woman’s husband became upset and began following and shouting at Mrad for about 15 minutes before hitting him in the head. Mrad claimed Home Depot employees failed to intervene, and the store should have had a policy for handling such a situation.
The jury found Mrad 80 percent liable, and Home Depot 20 percent liable.
Case: Mrad v. Home Depot U.S.A.
Case no.: 06-1374 B
Plaintiff lawyer: Kenneth A. Scaz, Golden & Scaz, Tampa
Defense lawyer: Anthony J. Petrillo, Luks & Santaniello, Tampa
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