Articles Tagged with “Justin Shapiro”

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Once again, the team at Leesfield Scolaro has achieved important success for passengers who become ill or otherwise require evacuation from cruise ships for medical needs.

In the matter of the Estate of Jeffrey Eisenman v. Carnival Cruise Lines, former Chief Judge James Lawrence King has denied the defendant’s Motion to Dismiss and further denied defendant’s  Motion for Summary Judgment against plaintiffs’ claim for intentional infliction of emotional distress.  Jeffrey Eisenman was seriously ill while ship was docked at port.   The family purchased evacuation insurance and pleaded with the Captain and medical crew to  transport Mr. Eisenman to a location with adequate medical facilities.  The cruise line refused to evacuate and set sail for Puerto Rico, 21 hours away.   Mr. Eisenman died 14 hours later during the voyage.   His family was grief stricken.  To make matters worse, the cruise line refused to have Mr. Eiseman’s body removed from the ship, forcing family members to stay onboard with their deceased father for the entire cruise.  The Eiseman case joins five other seven figure recent results obtained by the firm for failures to provide adequate medical care or otherwise make proper arrangements to obtain appropriate medical attention.   These failures resulted in passenger deaths, and life altering conditions, which were avoidable and unnecessary.

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When a Cape Coral man was left severely injured in an explosion on his outdoor patio because someone had accidentally left a gas grill turned on, his attorneys felt all signs pointed to a cleaning company that had stopped by the day before.

Plaintiffs attorneys Tom Scolaro and Justin Shapiro had a problem, though. No direct evidence actually proved that a cleaning service staff member had been negligent — meaning, technically, it could have been anyone. The premises liability lawsuit that ensued ultimately hinged on a single deposition, as Scolaro and Shapiro found one witness’s lie boxed the defendant into settling the claims for its $2 million insurance policy limit.

Scolaro-and-ShapiroShapiro and Scolaro, partners at Leesfield Scolaro in Miami, represented plaintiff James Dastra. He hired Sparkle and Shine Cleaning Service of SWFL LLC to professionally clean his house about twice a month, including his propane grill on the patio. Dastra’s complaint claimed their last visit put him in serious danger, alleging one cleaner caused highly-flammable propane to leak and build up by inadvertently leaving a burner knob switched on after cleaning it.

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Since 1976, victims of negligent truck drivers have placed their trust in Leesfield Scolaro’s trucking attorneys to fight for them. In 2020, Attorneys Thomas Scolaro, Adam Rose and Thomas Graham have recovered a combined $5million for two clients whose lives were impacted by reckless truck drivers. The experience and determination displayed in these two cases is what separates Leesfield Scolaro, the longest-established personal injury firm in South Florida, from other firms with fewer trials under their belt.

leesfield-trucking-practice-1024x646Our history with trucking cases dates back to five decades ago when Ira H. Leesfield, founding partner, settled a $5.3 million case on behalf of a young woman who was catastrophically injured by a distracted Winn-Dixie truck driver. At the time, this was the largest settlement ever obtained in South Florida and the creative lawyering was the central feature in the Miami News. That settlement today (with inflation) would equate to around $13,000,000. Our past trucking cases include a $8,650,000 settlement on behalf of teenagers, $3,000,000 settlement in Orange County, $1,000,000 above the policy limits on behalf of an injured truck driver, $7,995,467 arbitration award, $5,350,000 settlement obtained on behalf of a bicyclist in Key West.

Since the 1980s, our trucking accident practice has grown exponentially. In 1983, Ira H. Leesfield, in coordination with the Association of Trial Lawyers of America National College of Advocacy, started a workshop for fellow attorneys on the topic of “Motor Vehicle Litigation” which included in large part how to litigate trucking cases in the face of life-altering damages. Over the years, with an immaculate track record, out-of-state attorneys referred their Florida-based trucking cases to our firm. Today, with well-over $300 million recovered on behalf of clients injured on the road – not just trucking accident victims – our clients know that our vigorous our aggressive representation will produce the best results, leaving zero dollar on the table.

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Leesfield Scolaro’s continued growth welcomes our newest lawyer, Thomas D. Graham. Tom is admitted to the Florida and Pennsylvania Bars bringing new perspectives to our practice as he continues the Firm’s tradition of high level advocacy. As an Assistant State Attorney, Tom completed over 25 jury trials and 100 bench trials, and will continue his trial practice which now will be directed towards civil justice and protecting victims of negligence and wrongdoing.

Although Tom is experienced in admiralty, maritime and cruise ship litigation, he also is committed to the complete array of cases handled by our Firm. An added plus, is his admission to the Pennsylvania Bar where we actively represent and protect Pennsylvania travelers to the Sunshine State. Tom is active in numerous associations and leadership activities, now joining the American Association for Justice (“AAJ”) and its New Lawyers Division.

Our firm remains active in statewide litigation, resolving cases from the Panhandle to the Florida Keys. We are particularly proud of the recent influx of cases from Florida’s Gulf Coast and appreciate the opportunity to co-counsel serious matters with lawyers from that region.

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This week, Partner Justin Shapiro won a $36.6 million verdict on behalf of the parents of a skateboarder struck and killed by a distracted driver. That skateboard verdict follows a very recent jet ski settlement in Key West by Thomas Scolaro and Justin Shapiro in the amount of $2.88 million. “In the last decade, recreational injuries from all sources have skyrocketed, in spite of our law firm’s attempts urging remedial and protective legislation” says, Ira Leesfield, founding partner.

Leesfield Scolaro’s long-term interest in protecting the public from dangerous and unregulated recreational activities began over 25 years ago when Ira Leesfield took on the motorcycle and ATV industries, rounding up over $100 million in settlements and verdicts including a $19.8 million verdict against American Honda in Erie, Pennsylvania. The motorcycle sidestand defect has long been remedied. “3-wheeler ATV’s” have been totally replaced by the more stable 4-wheeler.

However, new activities and enticements have sprung up, including exotic water sports such as jet ski, parasailing, zip-lining, scuba diving, boating collisions, and an entire resort industry promoting “fun” while disregarding safety.

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The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate cases based on their clients’ impressions without broadening their imagination and looking at the entire picture.

Our firm was recently contacted by a mother in reference to a potential medical malpractice case for her 12-year-old son. Our client’s concern was that her son underwent surgery to repair his fractured femur (thigh bone) with metal rods, and the metal rods ultimately broke free from the bone, requiring a painful second surgery. Our client thought this complication occurred because the first surgery was done negligently. Our firm investigated and concluded that the complication was likely an inherent risk of surgery rather than negligence.

Untitled-2.jpgFor many lawyers, the evaluation would have ended there. However, our firm inquired further and asked how the boy’s leg was fractured. Our client believed that was a dead end. She explained that the injury occurred when a 13-year-old girl accidentally fell on him at the girl’s house. As we learned more, it was discovered that the girl, who was much larger than the boy, had been physically harassing him for several days with unwanted horseplay. The girl’s father, who was supposed to be supervising them, knew of this abuse and failed to prevent it or separate the children. Our firm made a claim against the father’s homeowner’s insurance policy under a Negligent Supervision theory. Within just days of receiving our lawsuit, the insurance carrier offered their full policy limits of $300,000, to compensate our client’s son.

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They say “a picture is worth a thousand words.” As we have seen in many of our premises liability cases, pictures can be worth far more. When our clients are severely injured as a result of dangerous or defective premises, their health is understandably their primary focus. Pain and shock take over. An ambulance is often called to rush the victims away from the scene for medical evaluation. slipping-154577_960_720.png The last thing on their mind is preserving evidence by taking photographs of the dangerous condition. Who can blame them?

Our firm recently handled a case that demonstrated just how important it is to photograph the scene after an injury. Our client was leaving a fast food restaurant when she slipped while walking down an outdoor staircase. She fell down several stairs to the ground and suffered severe injuries, requiring multiple surgeries. When her husband met her in the emergency room shortly after the incident, she explained that her foot slipped off a stair that felt “slimy” and “oily.” Her husband drove to the scene of the incident shortly thereafter and noticed that the stairs were covered in thick layers of mold and mildew, which are known to be extremely slippery on walking surfaces. He also noticed the restaurant employees preparing to scrub the staircase with soap and industrial brushes in response to his wife’s fall. He immediately took out his cell phone and snapped several photographs of the filthy staircase before it was scrubbed.

Months later, the general manager of the restaurant was shown these photographs at her deposition. She had no choice but to admit that the staircase was unacceptable and unsafe for guests. This allowed our firm to secure a settlement that covered 100% of her medical expenses and lost wages, and a substantial additional sum for her pain and suffering. Had her husband not taken those photographs, it would have been far more difficult to prove the extent of this hazard, or that the hazard existed at all.

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Tom Scolaro’s entire legal career from law clerk to named partner has spanned 16 years with the firm. Starting as a research clerk while in law school, Tom, at age 41, has now rocketed to one of the leading trial lawyers statewide in Florida. He has numerous multi-million dollar verdicts and settlements throughout he state and has brought about significant safety changes in the areas of carbon monoxide injury prevention. In 2004, Ira Leesfield and Tom Scolaro tried the matter of Kemp v. American Medical Response Management, Inc. in Key West with a $2.1 million dollar verdict. “From that point forward, Tom has pulled together a string of accomplishments unparalleled by any lawyer of his generation,” says Managing Partner, Ira Leesfield.

002-LS-Logo w-o rules.jpgIn other news, Ira Leesfield has again been selected for the 2015 Best Lawyers as stated in the Wall Street Journal and Miami Herald. This is Leesfield’s fifth consecutive year of selection. Within the last decade Ira Leesfield’s lifetime commitment to the profession and his clients has been recognized with numerous awards, such as the Anti-Defamation League’s “Jurisprudence Award,” “Melvin Belli Award,” the American Jewish Committee “Judge Learned Hand Award,” and the Florida Justice Association’s “Al J. Cone Lifetime Achievement Award” and the “Crystal Eagle Award.” He was the first Florida recipient of the American Ort “Jurisprudence Award.” In 2013, the Florida Association of Women Lawyers (Miami-Dade Chapter) presented Ira Leesfield with the 2013 Philanthropist Award, recognizing his long-standing commitment to support rising female law students through scholarship grants. He has twice been awarded the prestigious Wiedman Wisocki medal for outstanding advocacy. He was nominated as “Lawyer of the Year” by the Trial Lawyers for Public Justice, and selected as one of America’s Top Ten Trial Lawyers. He is also rated by AVVO, SuperLawyers, Martindale-Hubbell,, U.S. News & World Report “Best Lawyers”, among others.

In October, the firm celebrated its 38th year of service to the State of Florida with the addition of Daniel Diaz-Balart, son of former Congressman Lincoln Diaz-Balart. He comes with four years of intensive trial experience at the State Attorney’s Office. Danny is now in court on a regular basis, and his efforts join the very significant accomplishments of Justin B. Shapiro and Carol L. Finklehoffe.

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Miami-based trial law firm Leesfield Scolaro announces that it has awarded a $1,000 scholarship to third-year University of Miami law student Kayla Pragid. The annual scholarship is granted in association with the Florida Association for Women Lawyers (FAWL) and is presented each year to a law student that demonstrates the highest standards of excellence in both academics and contributions to the community.

Kayla is currently ranked in the top 2.5% of her class and has been recognized on the Dean’s List for all semesters enrolled. She is a member of the University of Miami Law Review and serves on its Moot Court Board. She has received numerous academic awards and is the Co-Founder and President of the Democratic Law Students Association and a past member of the Executive Board of the Miami Law Women Association.

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Justin Shapiro, Carol Finklehoffe, Ira Leesfield, Kayla Pragid, and Patricia Kennedy (Left to Right)

Kayla has demonstrated a commitment to volunteerism, dedicating her time as a Writing Dean’s Fellow at the University of Miami, where she assists students with their writing skills. Additionally, she volunteers regularly at the Health and Elder Law Clinic, which provides free legal aid to indigent clients in the Miami area. There, her efforts are largely focused on assisting with guardianship issues and other legal matters on behalf of Miami’s Haitian community.

Kayla received a bachelor’s degree from Boston University. Having coped with both of her parents battling cancer Kayla is also passionately involved with the American Cancer Society and the Susan G. Komen Breast Cancer Foundation.

“Kayla was selected for this scholarship based on her exemplary academic performance and a demonstrated interest in helping improve the lives of those around her,” said Patricia Kennedy, a shareholder with Leesfield Scolaro who oversaw the scholarship selection process. Read more about Kayla Pragis here.

FAWL is a professional organization dedicated to promoting the advancement of women in the legal profession. Its membership is comprised of lawyers, judges, and professionals within the business community. This year marks Leesfield & Partner’s 16th consecutive year of participation.
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