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| December 03, 2009 |
By: Review staff & VerdictSearch |
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Daniel Koch and Justin Parafinczuk
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Case: Ryvmed Medical Inc. v. Devon Health Services Inc., Devon Medical Inc., Supply Marketing
Case No: 2006-CA011293MB
Description: Breach of contract, tortious interference and promissory estoppel.
Filing date: Oct. 25, 2006
Trial dates: Oct. 6-21, 2009
Jury decision: $1.41 million
Judge: Palm Beach Circuit Judge Edward Fine.
Plaintiff attorneys: Daniel Koch and Justin Parafinczuk of Koch & Trushin, Fort Lauderdale.
Defense attorneys: Scott Chitoff and Mark Levy of Brinkley Morgan Solomon Tatum Stanley & Lunny, Fort Lauderdale; Paul Crowley of Paul Crowley Law Offices, Downington, Pa.
Details: Ryvmed Medical is a small Boca Raton company with about five employees that imports medical products from China and resells them on the Internet. Ryvmed alleges it entered into an agreement with Pennsylvania-based Devon, a much larger company, in 2005 to distribute Devon’s medical products. In exchange, Devon allegedly agreed to provide telemarketing services to Ryvmed through its network of 400,000 physicians. Under the agreement, Ryvmed would retain its clients but direct them all to Devon’s products.
Ryvmed filed suit against Devon in 2006, alleging that Devon wanted to start charging Ryvmed for access to its telemarketing network. Ryvmed also alleged that Devon stole one of its biggest clients and that telemarketing services were never provided as promised.
Settlement talks “weren’t even in the same universe,” said Parafinczuk, who would not disclose the amount of money offered by defense lawyers.
Plaintiff’s case: The plaintiff produced a series of e-mails laying out the terms of the deal between the two parties, asserting the e-mails constituted a contract. The plaintiff also produced telemarketing expert Michael Sperduti of New York and accounting expert Richard Dotson of Boca Raton on the stand. Dotson testified that the lost profit to Ryvmed — a hypothetical projection of what could have been earned had the defendants performed under the contract — ranged from $890,000 to $10 million.
Defense case: The defense asserted there was no written or oral agreement among the parties. Defense expert Jesus Lago, a Miami accountant, argued that even if there was a contract, the plaintiff was not entitled to damages because there would be no lost profit for a company so small in size.
Outcome: After deliberating for 12 hours, an all-female jury found for the plaintiff, awarding $1.4 million for breach of contract and promissory estoppel and $13,400 for tortious interference damages.
Quote: “I feel fine with the verdict,” said Parafinczuk. “Lost profits are a difficult concept for juries — for anyone — to grasp.”
Post-verdict: The defense filed a motion for new trial, which will be heard next week. Crowley said he will make a decision about an appeal after that.
— Julie Kay
Premises Liability
Broward Circuit Court
Bar held liable for customer’s knee injury
A jury awarded nearly $80,000 to a woman who claimed a bouncer knocked into her at a nightclub and injured her knee. In 2007, Monika Allison, then 27, was at Cafe Iguana when a commotion broke out. She alleged that a bouncer hurried by her and inadvertently knocked into her. She eventually underwent surgery to repair a torn medial meniscus and a small ACL tear. Allison claimed that she would need future reconstructive knee surgery and biannual doctor visits.
Case: Allison v. Kendall Sports Bar Inc., No. 07-35890 (CACE 08)
Plaintiff lawyer: Rachelle R. Bocksch, Simon & Bocksch, Miami
Defense lawyers: Harold S. Stevens (lead) and Christy Brigman, Quintairos Prieto Wood & Boyer, Fort Lauderdale
Negligent Supervision
Orange Circuit Court
Child awarded for injury in city swimming pool
A boy who fractured his skull in a public Orlando pool when someone landed on him was awarded $93,612. Demerious Jones, 10, was at the city pool with his mother when another child jumped into the pool and landed on his head. Plaintiff’s counsel alleged that a lifeguard was not at his assigned post when the accident occurred. A city worker was fired as a result of the incident, according to plaintiff’s counsel. Defense counsel stated the child’s mother was present and should have been watching her child playing. Defense counsel also stated that there was no continuous horseplay going on, rather this was a child randomly jumping into the pool. After setoffs the award was reduced to $72,927.
Case: Jones v. City of Orlando
Case No.: 09-CA-901
Plaintiff lawyers: W. Doug Martin and William E. Ruffier, Dellecker Wilson King McKenna & Ruffier, Orlando
Defense lawyer: Martha Lee Lombardy, City Attorney’s Office, Orlando
Motor Vehicle
Hillsborough Circuit Court
Driver awarded for neck and back injuries
A jury awarded $473,121 to a woman who claimed neck and jaw injuries in a rear-ender. In 2005, Tammy Kocsis was struck by Dennis McGee, who was going about 45 mph. The court granted summary judgment on liability. Kocsis underwent a cervical fusion and surgery to treat a bilateral TMJ disorder. Defense counsel maintained that all of her injuries were not related to the accident. Of the award, she received $307,500 for past and future pain and suffering.
Case: Kocsis v. McGee, No. 07-11122
Plaintiff lawyer: Chris Kavouklis, Brennan Holden & Kavouklis, Tampa
Defense lawyer: J. Emory Wood, J. Emory Wood P.A., St. Petersburg
Polk Circuit Court
Brain-damaged teen awarded $65 million
A young woman who sustained massive brain damage in a crash with a tractor-trailer was awarded $65 million. In 2007, Kendra Lymon, then 19, was struck by a Bynum Transport truck driven by Robert Bohn. The part-time truck driver, who worked full time as a firefighter, had left a 24-hour shift at the fire station just prior to driving the truck. Plaintiffs’ counsel argued that Bohn should have had 10 hours of off-duty time before driving that day. Lymon, who was once a promising college student, now requires 24-hour care and has an IQ of 61. Plaintiff’s counsel maintained that it’s unlikely that she’ll show significant improvement.
Case: Lymon v. Bohn, No. 53-2007-CA-7728
Plaintiff lawyers: James R. Freeman and Bennie Lazzara Jr., Wilkes & McHugh, Tampa
Defense lawyers: Trevor T. Rhodes and Allen K. von Spiegelfeld, Banker Lopez Gassler, Tampa
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