SEARCYDENNEYSCAROLABARNHART

~SHIPLE'Y.~

FALL t 994 - QUARTERLY REPORT TO CLIENTS AND ATIORNEYS

Blinded Woman Recovers St Million

Settlement Approved By CourtIn Landmark Discrimination Case

2139PALM BEACH lAKES BLVD.

WEST PALM BEACHFLORIDA 33409

800-780-8607(407) 686·6300

fAX: {407j478-0754

P.O. DRAWER 3626WEST PALM BEACH

FLORIDA 33402

ATTORNEYS AT LAW:

F. GREGORY BARNHARTLA WRENCE. I. BLOCK, JR.

EARL l. DENNEY, JR.LOIS J. FRANKEL

DAVID K. KELLEY, JR.T. MICHAEL KENNEDY

KATHERINE A MARTINEZlAMES N. NANCE

WILLIAM A. NORTONDAVID J. SALESlACK SCAROLA

CHRiSTIAN D. SEARCYJOHN A. SHIPLEY

CHRISTOPHER K. SPEEDTODD S. STEWART

C. CALVIN WARRINER III

PARALEGALS,

D£ANE L. CADYlAMES E. COOKFRANKCOnON

EMILIO DIAMANTISDAVID W. GILMOREJOHN C. HOr>KINSKELLY L HOPKINS

TED E. KULESAJ. PETER LOVE

MARIORIE A. MORGANJOEl C. PADGETI

WILLIAM H. SEABOLDKATHLEEN SIMONSTEVE M. SMITH

JUDSON WHITEHORN

NOTE: The accounts of recenttrials, verdicts and settlements

contained in this newsletter areintended to llIustrate the

experlc:nce of the firm In avariety of litigation areas.. Each

case is unique. and the resuhs Inone case do not necessarllyindlc<lte the quality or value

of any other case.

Verlee Rauth, 62, lived a quiet. satisfying life as atotally independent woman. She worked for theCounty tax department. One day at work she no­ticed a problem with her eyesight and immedi­ately consulted her longtime optometrist. The op­tometrist instantly recognized that Ms. Rauth hada problem that needed to be attended to by anophthalmologist specializing in retinal problems.He referred Ms, Rauth to Dr. Peter lowe. Dr. lowediagnosed Ms. Rauth's problem as a macularpucker and scheduled her for surgery at GoodSamaritan Hospital.

The surgery went well. Ms. Rauth had some im­provement in her vision immediately. Two dayslater, a severe pain developed in the operated eyeand she called Dr. lowe. It was a Saturday and hedid not see her. She talked to him twice that dayand was told to increase her pain medication anduse eyedrops.

By Monday morning the eye hurt so badly thatshe was taken to Dr. Lowe's office without an

Federal District Court Judge William Hoeveler hasannounced his preliminary approval of one of thelargest settlements ever obtained in a case ofracial discrimination. $13.5 million will be paid onbehalf of the owners of Caulkins Indiantown CitrusCompany to resolve the damage claims ofAfrican-American workers who were subjectedfor years to various forms of abuse and unfairtreatment based on their race. The settlementwas reached days after a federal jury returnedverdicts in favor of the Plaintiffs after a six weekliability trial. .

The Plaintiffs' litigation team was led by SearcyDenney partners Moses Baker (now Circuit CourtJudge Baker) and Jack Scarola who were assistedat trial by referring lawyer, Jeff Pheterson and Pe­ter Helwig, Executive Director of Florida Rural Le­gal Services. The tens of thousands of documentsgenerated during more than a decade of discov­ery were organized and computer Indexed bySearcy Denney support staff members Doug Harrisand Marjorie Morgan. They also handled the diffi­cult logistics of coordinating the daily transporta­tion of witnesses and clients between Indiantownand Miami. Frequently during the lengthy trial,three chartered buses made the daily four hour

appointment. An eye examination at that time re­vealed what was most likely an infection. Dr.Lowe. although well trained in ophthalmology,failed to appropriately treat the infection and. as aresult, the eye was completely blinded. Blindnessin one eye is a terrible injury, but the worst wasyet to come. Ms. Rauth developed a rare compli­cation known as sympathetic ophthalmia. Thiscomplication occurs in about one out of t 0,000cases as a result of a penetrating eye injury to theopposite eye. It has been known for centuries inmedical literature, historically arising as a result ofa war wound. Ms. Rauth became totally blind.

OUT law firm's medical consulting service. PalmBeach Medical Consultants, found the best expertin America on retinal cases. Dr. Robert J. Brock­hurst has been a professor at Harvard teachingretinal surgery to ophthalmological students foryears. As an odd coincidence, Dr. Lowe was hisformer student. Although Dr. Brockhurst hadnever testified on behalf of an injured patient be­Continued on Page Seven

LITIGATION TOOKLONGER THAN THE

WAR BETWEENTHE STATES

round trip to facilitate the Plaintiffs' participation inthe proceedings. The costs of litigation financedby the Piaintiffs'lawyers exceeded $1,000,000.

With twelve years of pre-trial proceedings, thiswas undoubtedly the longest, the most intenseand the most logistically complex litigation effortin the firm's history, according to Jack Scarola.'But it has also been the most rewarding,· Scarolasaid. "GeneratIons of African-American residentsof Indiantown were subjected to a pattern of sys­Continued on Page five.

PAGE-ONE

The Meeting Corner: Dedslons•••Declslons•••Dedslons•••

William H. Seabold is a Paralegal/ in­vestigator at Searcy Denney ScarolaBarnhart 8... Shipley, P.A. He is a gradu­ate of the University of Maryland with abachelor's degree in psychology. Mr.Seabold received an LLB degree fromthe Mt. Vernon School of law inBaltimore, Maryland.

In 1969, he began his career as aclaims representative with the HartfordInsurance Company. He later became aclaims manager for Gay and Taylor,Inc., an independent adjusting firm. Be­fore moving to Florida in 1984, Mr.Seabold worked for Roadway Express,Inc. in Akron, Ohio for 5 years as theirliability claims manager for the north­eastern states. He has been with thelaw firm for almost 8 years and worksprimarily with John A. Shipley in theoverall development and managementof cases, trial preparation and commu­nication with clients.•

PAGE TWO

John A. Shipley is a partner of SearcyDenney Scarola Barnhart &. Shipley, P.A.of West Palm Beach, Florida, serving asa Member of the Board and Vice Presi­dent of the firm. He received his B.A. in1968 from the University of Florida andwas graduated from the University ofFlorida Law School in 1975.

Mr. Shipley has been actively involvedin civil trial litigation in West PalmBeach for the past 18 years. He is aBoard Certified Civil Trial Lawyer in theareas of personal injury and wrongfuldeath. His primary practice consists ofpersonal injury cases, with a heavy em­phasis on complex medical malprac­tice. With considerable experience inboth defending and prosecuting civilcases, he has obtained several multi­million dollar jury verdicts and settle­ments on behalf of injured plaintiffs.

Mr. Shipley is a lecturer on trial practicefor statewide Continuing Legal Educa­tion seminars for the Academy ofFlorida Trial Lawyers and the ContinuingLegal Education Committee of theFlorida Bar Association. On numerousoccasions he has been a guest lecturerat Stetson University Law School and,Continued on page 1.

John A.Shipley

William H.Seabold

i ; . ., 1

f- :~,~:~~... :1;111/

~.~4:"

JOHN DOE vs. DOE HOSPITALAND DOCTOR DOE

Plaintiff, a 65 year old retired truckdriver, was involved in a rollover motorvehicle accident in Alachua County. Hewas found 30 feet from his car with thewindshield and steering wheel broken.He was taken, immobilized on a backboard, to the local defendant hospitalwhere he was examined by the emer­gency room physician. Despite com­plaints of being unable to stand up, hewas discharged several hours later witha diagnosis of trauma and musculo­skeletal strain. He was carried to his carby hospital personnel and was takenhome by relatives. At home, his condi­tion deteriorated qUickly.

By the next day he was admitted to aVeterans Administration hospital. Hewas diagnosed with quadriplegia, as aresult of a 50% subluxation of his spinedue to the rupture of ligaments in hisneck. He remains paralyzed from hischest down and needs total care for allhis acts of daily liVing.

Just prior to trial, lois Frankel and ChrisSearcy negotiated a $3.2 million dollarsettlement with the emergency roomphysician and hospital..

KOULISIS vs. TRONZOIn one of the few defense actions han­dled by the law firm, local orthopedicsurgeon, Raymond Tronzo, M.D. wonan important victory in a lengthy battleagainst his former associate, ChristoKoulisis, M.D. Koulisis initiated a suitagainst Dr. Tronzo in 1990 after Dr.Tronzo terminated Koulisis's employ­ment. The action sought to require pay­ment of hundreds of thousands of dollarsalleged to be owed as a bonus based onreceipts collected after the employmentrelationship ended. The claim was re­jected in a non-jury proceeding in whichDr. Tronzo was represented jointly lJyJack Scarola and West Palm Beach solopractitioner, AI LaSorte.

A jury trial on Dr. Tronzo's counter­claims against Dr. Koulisis is expected tobe held before the end of the year. Thecounterclaims focus on allegations thatDr. Koulisis converted money and otherproperty belonging to Dr. Tronzo.•

HATHAWAY vs. CONERLYRobert Hathaway, 77, was struck by acar while taking an evening walk withhis wife. He was admitted to the hospi­tal with a fractured shoulder. As is oftenseen in geriatric patients suffering froma trauma, Mr. Hathaway stopped eatingand acutely deteriorated. He died twomonths after the accident. He was a re­tired prominent trial lawyer who hadbeen diagnosed with Alzheimers 2 yearsprior to his death. Greg Barnhart settledthe suit prior to trial for $200,000.

JANE AND JOHN DOEON BEHAlf OF THEIR MINOR SON

vs. THE PINES HOMEOWNERSASSOCIATlON,INC.

Plaintiff, a 6 year old boy, was playingwith a friend around a drainage structureof a pond behind his family's townhouse.The boy slipped from the edge of thestructure into the pond and, not beingable to swim, sank to the bottom. Hisfriend summoned help but it took overten minutes to find the boy in the murky,deep water. He was resuscitated andtransported via helicopter to the hospi­tal. He suffered profound brain damageand now is unable to walk or talk andrequires assistance with every aspectof life.

The pond did not conform with thebuilding codes for underground slopes.The water dropped to a depth of eightfeet only a couple of feet from shore.The code mandated that it should havebeen less than a foot deep. The steepdrop off under water constituted a trapfor any small child who fell into the wa­ter. The area around the pond was oneof the few areas for children to play inthe complex but there was no fencearound the structure.

Bill Norton made a demand on the apart­ment complex for their policy limits of$2 million, with the requirement that itbe paid within thirty days. Allstate, theinsurance company for the complex, set­tled the case for their policy limits on thelast day of the demand period. Mr. Nor­ton also settled with the engineers of theproject for their policy limits of$Z37,000. The case is still pendingagainst several other defendants whoconstructed the pond.•

ADLER vs.RYDER TRUCK RENTAL, INC.

Mr. Adler, a 60 year old semi-retiredman, was rear-ended by a truck whilestopped at a red light. He suffered fromsoft tissue injuries to his neck and back.His cervical and lumbar MRI scans re­vealed bulging discs at various levels.He was also diagnosed as suffering fromcarpal tunnel syndrome in his dominantright hand, which required surgical re­pair. Post-surgery ganglion cysts devel­oped necessitating additional interven­tion and excision. As a consequence ofhis spinal injuries and carpal tunnelsymptoms, he was forced to terminatehis fairly lucrative position as a part­time tie designer. James N. Nance set­tled his case for $200,000.•

Decided cases are the anchors of thelaw, as laws are of the state.

~ -Francis BaconDe Augmentis Scientiarum.1623

FALL 1994 - QUARTERLY REPORT TO CLIENTS AND ATTORNEYS

acknowledge the abuse upon seeing thephotographs at their depositions. lanceBlock settled the case soon after the de­fendants were deposed, for the amountof the homeowners insurance policy lim­its of $125.000.•

JOHN DOEvs.

PALM BEACH COUNTYSCHOOL BOARD

andFLORIDA DEPARTMENT OF

HEALTH AND REHABILITATION

John Doe, a high school student andpromising jazz saxophone player, was inclass when an altercation broke out withanother student. He was punched in theleft side of the head and developed alarge lump almost immediately, He wassent to the school clinic to have thelump examined. The clinic attendanthad no first aid training and was not anurse, John was told to put some ice onthe lump and was sent to the principalfor discipline. As John sat and waited tosee the principal, his condition deterio­rated. He started sweating profuselyand became disoriented. When his con­dition was finally noticed, he was sentback to the school clinic for observation.john became drowsy and started to loseconsciousness. Over two hours hadpassed since the incident. Fire Rescuewas called and immediately took him tothe hospital. john had developed a largesubdural hematoma and had to have anemergency craniectomy to relieve thepressure on his brain caused by the sub­dural bleed. A second surgery, a cranio­plasty, was later performed to repair thedefect in his skull as a result of the firstsurgery. He was left with some de­creased fine motor skills and diminishedcognitive abilities. His grades sufferedand his ability to learn and play musicwas reduced.

Michael Kennedy obtained a jury verdictin excess of $440.000 against both thePalm Beach County School Board andHRS. They failed to have a qualifiedschool clinic attendant, failed to followtheir own written policies, protocols andprocedures concerning the qualificationof the clinic attendant and the evalua­tion and monitoring of a head injury.

The Fourth District Court of Appeals af­firmed the verdict after the School Boardappealed.•

SEARCYDENNEYSCAROLABARNHART

~SHIPLEY..

pervising their son and Mary while thechildren were supposed to be playing inthe defendants' home. Other childrenwere also present but it was never deter­mined who took the photographs. Thedefendant-parents denied any knowl­edge of the abuse but were forced to

DeclsloDs... Declslons...Declslons..Continued

SPRADLIN vs.DUGGAN ANDJIM LEASING

Dale Spradlin, 35, was on his way homeafter work one evening. As he traveledon his motorcycle down the dark resi­dential road leading to his home, he col­lided with a semi tractor trailer illegallyparked on the wrong side of the roadfacing the wrong direction. The truckdid not have its lights on or any warningdevices. Unable to avoid the collision,Mr. Spradlin, upon impact. was thrownInto the truck and onto the roadway.The collision's impact ripped off his leftleg and fractured his right leg and hip.As a result of his Injuries he was unableto return to his occupation as an ironworker. The Canadian corporation anddefendant Duggan failed to answer theSpradlin complaint. As a result, DavidKelley, obtained a default judgementagainst the defendants. Judge Edwardjackson ruled that Mr. and Mrs. Spradlinshould get $ t 0 million for his injuries.This is the largest compensable mone­tary award for a single injury in the his­tory of Brevard County.

JANE DOE vs. CLARKJane Doe brought suit on behalf of her I 3year old daughter, Mary Doe, after sev­eral explicit photographs were found ofMary, at age 5, being sexually abused bythe defendants' 10 year old son. Thedefendants were sued for negligently su-

STEPHENS vs.PALM BEACH

AVIATION, INC.Joe Stephens, Michael Sperber and hisson Matthew had spent a leisurelyweekend in Walkers Key. They char­tered a flight home with Palm BeachAviation which operates out of PalmBeach International Airport. After an un­eventful takeoff, the aircraft climbed6500 feel. Suddenly. one engine madea noise and quit. Shortly thereafter, theother quit and the heavy, Aerocomman­der 500 became a glider. Sperber askedthe pilot if they had fuel to which hereplied ·1 think so: Before ditching in thegulfstream, the clients were surprised tofind no raft or signalllng device on board.four adults were able to escape withonly three Mae West style life jackets.For forty-two hours the group watchedhopelessly as search planes passed closeby. On the Coast Guard's likely last pass,the group signalled with a credit cardand was rescued off Cape Canaveral.Charter flights have no minimum FAA in­surance requirements, There isn't evenan FAA rule that all charter flights overwater carry life rafts. Cal Warriner set­tied the charter cases for $1 00.000each, the full policy limits carried foreach passenger,.

PAGE THREE

Neglect ChargedTo HumanaDoctorsIn early 1990, Mr. and Mrs. Van Wieenrolled in Humana Medical Plan, [nc.'s(HMP) Gold Plus Plan, a Medicare sub­stitute. HMP. a federally certified HMO,operated under an agreement with theHealth Care Finance Administration.HMP received monthly paymentsfrom the federal government based onthe number of members enrolled in theGold Plus Plan. HMP was to providecomprehensive health care services toGold Plus Plan members such as Mrs.Van Wie. The comprehensive healthcare services were provided throughprimary care centers staffed by physi­cians known as affiliated providers.The affiliated providers have agree­ments with HMP to treat Gold Plus Planmembers. The affiliated provider, alsoknown as the primary care physician or"gatekeeper", is responsible for provid­ing or coordinating all of the Gold PlusPlan members' health care needs pur­suant to policies, protocols, and proce­dures established by Humana. TheGold Plus Plan member pays nothing forthese health care services as long as heor she is treated by the gatekeeper orby another physician in HMP's providernetwork. The primary care physician,similar to HMP, is compensated by Hu­mana in the form of a monthly capita­tion payment based on the number ofGold Plus Plan members then currentlyenrolled as patients of the primary carephysician. Payments are made regard­less of whether the patient is actuallyseen by the primary care physician dur­ing that particular month.

All health care services, diagnostic ser­vices. and referrals to physicians in theprovider network, are reviewed by"utilization" specialists employed byHMP. Their job is to make sure thatcost containment guidelines are ob­served by the individual physicians,

and that the primary care physicians donot ·over-utilize" services. That is a eu­phemism for ensuring that the individ­ual physicians are only providing healthcare services when they are "medicallynecessary· as opposed to when theymay be "medically indicated". In this re­gard, an elaborate revenue sharing planwas in effect which proVided significantfinancial incentives to the primary carephysicians to save Humana money, de­crease expenses, increase revenues,and put more money into the fundsavailable for distribution to Humana andthe individual primary care physicians.As a result, primary care physicians areeffectively rewarded when they do less,and financially penalized when they domore for their patients.

Mrs. Van Wie, 69, was a diabetic withperipheral vascular disease. In April oft 990, she developed a small ulceratedlesion on her left foot for which shesought initial care from Dr. Saint Vii, theprimary care physician. The ulcer didnot heal because of poor circulation dueto her diabetes. It was not until mid­June that Dr. Saint Vii, a family practicephysician, referred her to a vascularsurgeon, Dr. Carson, for a consult evalu­ation to determine whether vascula~ in-

sufficiency was responsible for her ul­cer's failure to heal. Dr. Carson said thatshe needed vascular studies, but couldnot order them because he was only a·specialty provider,· and not the·gatekeeper". Dr. Saint Vii then orderedthe vascular studies, and sent her backto Dr. Carson to determinewhether her circulation could be im­proved by vascular surgery, andthereby heal the ulcer. Without lookingat either the arteriograms or the report,Dr. Carson told her that she was not asurgical candidate.

Mrs. Van Wie's foot ulcer persisted andgradually began to worsen despite re­peated visits to Dr. Saint Vil's office. Dr.Saint Vii called in Dr. Haimon, a podia­trist, to examine her feet and cut hertoe nails. Dr. Haimon made no recom­mendations concerning her left foot.Dr. Saint Vii then sent her to Dr. Karsh,an endocrinologist, for a consult evalua­tion in order to see whether her bloodsugar control was related to her footwound not healing. Both Dr. Haimonand Dr. Karsh's consults did not occuruntil August of 1990. On August 23.1990 she once again returned to Dr.Saint ViI's office. Despite the fact thatthe wound was infected and enlarged,Dr. Saint Vii recommended no diagnos­tic studies or consults and did not con­sider putting her in the hospitaL

After the August 23, 1990 visit, Mr.and Mrs. Van Wie opted out of the GoldPlus Plan, went back on Medicare, andimmediately went to the hospital. Shehad developed osteomyelitis in her leftfoot. The foot could not be saved. Sheunderwent a left below the knee ampu­tation and now wears a prothesis. ChrisSearcy and Michael Kennedy negoti­ated a settlement of $750,000 for Mr.and Mrs. Van Wie on the eve of trial.

Incidents of patient neglect such as thisone are not uncommon within the Hu­mana system. Humana Medical Plan,Inc. has been previously investigated bythe Federal Government for allegedviolations in the administration of theirmanaged health care plans.•

fbm MembersReceive RecognitionAwards At AfTLLuncheonThree of our partners, Earl Denney,Greg Barnhart and Lanc.e Bloc.k receivedawards at the annual Academy of FloridaTrial Lawyers Presidential Luncheon.They were recognized for their contributionsof time, money and commitment to AfTL

PAGE. FOUR

T. Michael Kennedy and William Nor­ton have become Florida Bar Board Cer­tified Civil Trial lawyers.•

BILL NORTONis available for

free initial consultationson securities cases, including

various types oflimited partnershipsand broker disputes.

- -Harlan F. Stone1872-1946

"The law ItselfIs 011 trial '" every case

as well as thecause before It. N

Landmark•••Continued from Page One

tematic degradation that was intendedto rob them of their self-esteem and torelegate them to the least desirable andmost menial job assignments. Thesuccessful prosecution of this casemeans far more to that community thancan possibly be measured in moneydamages. They have been givenconfidence in a system of justice thathad previously never worked for them.They have also been given the hope ofa brighter future in which they and theirchildren wJII be judged on merit ratherthan by the color of their skin."

In addition to individual compensationfor an estimated 300 class members.the settlement will finance ascholarship fund to provide educationand training for class members andtheir families enabling them to find anexit out of the poverty cycle.•

WIUIAM NORTONT. MICHAEL UNNfDY

Chris Searcy hasbeen appointed byWilliam Blews,President of theAorida Bar, to theCommittee onProfessionalismand the JudicialEvaluation Com­mittee of theFlorida Bar Associ­ation. The Com­mittee on Professionalism promotes ahigh level of professionalism among thebench and bar through heightenedawareness of ethical issues. The JudicialEvaluation Committee is charged withsuggesting procedures for improvedevaluation of judges atall levels.

Para atendermejor a nuestros

clientes quehablan EspaTiol

hemos instaladoun numero detelefono 800

,que sera

contestadoen EspaTiol por

nuestro personal.

PERSONAL INIURYAUTOMOBILE ACCIDENTS

PRODUCTS LIABILITYMEDICAL MALPRACTICE

WRONGFUL DEATHAIRLINE a. RAILROAD DISASTERS

COMMERCIAL LITIGATION

SEARCYDENNEYSCAROLABARNHART

~SHIPLE\('.

~

IN ORDER TO BETTER SERVEOUR SPANISH SPEAKING

CLIENTS, WE HAVEINSTALLED A TOLL-FREENUMBER THAT WILL BE

ANSWERED BY OURSPANISH SPEAKING

PERSONNEL.

1-800-220-7006

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1-800-780-8607EN ESPANOL: 1-800-220-7006

SEARCYDENNEYSCAROLABARNHART

~SHIPLEY"FALL 1994 - QUARTERLY REPORT TO CLIENTS AND ATTORNEYS

~AGE FIVE

'lury servicehonorably performedIs as Important In the

defense of our country,Its Constitution and la ws,

and the Idealsand standards

for which they stand,as the service that Is

rendered by the soldieron the fieldof battle

In time of war. H

- - -George H. Boldt, American JuristUnited States v. Beck (1959)

Jury Selection: One Bad AppleSpoils The Whole Barrel

Breast ImplantUpdateOn September I, 1994, Judge Pointergranted approval to the proposedbreast Implant settlement. Appealswere then filed by a group of NewZealand women and various insurancecompanies. The initial payment of$800 million by the implant manufac­turers will be delayed until these ap­peals are resolved.

Claims on behalf of 123 of our clientswere filed with the Claims Administra­tor's office in Houston on Septembert 5. 1994. Information as to how manyclaims have been filed. how long thereview process will take. and the valueof individual claims is expected to beavailable after lanuary 1, 1995.•

,)

PAGE SIX

It is extremely difficult and often im­possible to take a seriously injuredplaintiff and make him whole again.With such injuries as brain damage,quadriplegia and death of a loved one,all the gold In Fort Knox will not healthe plaintiff. The lawyer's job is to seethat such clients are helped to thefullest extent possible by monetaryaward. Selecting a fair and impartialjury is a crucial aspect of that job.

Many jurors are prejudiced againstawarding a large verdict simply be­cause it is a lot of money_ About one­third of jurors in a given venire havebeen prejudiced against rendering fullcompensation for a negligently causedinjury. If one such juror remains on thejury, the plaintiff will be unable to obtaina fair verdict. That juror has the poten­tial of prejUdicing the rest of the juryinto rendering a very unfavorable result.One bad apple spoils the whole barrel.

Prospective jurors are examined underoath to determine any bias or prejudiceas well as any relationships to the par­ties, attorneys or similar plaintiffs. Thejurors' ·voir dire· responses are thefundamental source for grounds of im­partiality. The test used to determinejuror competency Is whether the jurorcan lay aside any bias or prejudice andrender his or her verdict solely upon theevidence presented and the instruc­tions on the law given by the court.

Florida courts take a progressive stancein permitting an open inquiry of the ju­rors on voir dire about exposure to andimpressions of the so-called 'litigationcrisis·. The contemporary trial attorneyfaces a critical function in the course of

his voir dire questioning to discoverwhether the sensationalist perceptionsof a general "litigation crisis· will under­mine a juror's ability to render a fair ver­dict. Once the potentially prejudicedjurors have been identified. one shouldexplore a basis for a challenge forcause.

There is an art to identifying jurors whoare prejudiced against plaintiffs per­sonal injury cases and selecting a juryfree from that type of juror. In general,good jurors share a number of commontraits. Jurors who have suffered a simi­lar injury are usually a big plus as are ju­rors who have endured substantial suf­fering or disability. Jurors who havebeen the plaintiff in a personal injurycase previously are generally desirable.Jurors who like children, have childrenor want to have children are normallypreferred. Accountants. bookkeepersand tellers are typically a minus as faras general damages are concerned, butthey can be excellent jurors in a caseinvolVing large special damages. Wageearners tend to be better damage jurorsthan wage payers, while salespersonsof any sort, and jurors who work for thegovernment are often good damagejurors.

With an artful voir dire, a healthy re­spect for the damage that one preju­diced juror can do, and a trial judge whois not afraid to grant challenges forcause, it is still possible to impanel anon- prejudiced jury capable of render­ing our clients a fair verdict.

Note: The above comments are ex­cerpts from speeches Chris Searcyhas given at trial lawyer seminars.•

CHRISTOPHER K. SPEED

Welc.ome•••

Christopher K. Speed, our newest partnerat Searcy Denney Scarola Barnhart &..Shipley, P.A., comes to us from NorthernVirginia where he has been a triallawyer for 2 t years, representing plain­tiffs in suits involving personal injury,medical and legal negligence anddefective products. He was a foundingpartner of the law firm Arthur &.. Speed,ltd. where he practiced for the past 15years.

Mr. Speed is a 1969 graduate ofGeorgetown University, where one ofhis housemates was Jack Scarola, an­other partner in the firm. He graduatedfrom the George Washington UniversityNational Law Center in t 973.

Mr. Speed is licensed to practice law inthe District of Columbia, and was admit­ted to the bar of the state of Florida int 992. He is a member of the VirginiaTrial Lawyer Association, the Academyof Florida Trial Lawyers and the Associa­tion of Trial Lawyers of America. Hewas also a founding member of theNorthern Virginia Plaintiffs Bar, an orga­nization of plaintiffs lawyers dedicatedto improving the ability of injured per­sons to be sufficiently compensated fortheir losses. He has lectured on frequentoccasions regarding civil jury trials in thefield of plaintiffs personal injury andmedical negligence.

He is listed as one of the best lawyers inAmerica in a book entitled The BestLawyers in America which was the re­sult of an independent study and surveyby several Harvard Law Professors. Atthe time of his initial inclusion in 1989,he was the youngest lawyer selectedfrom Northern Virginia in his specialty ofpersonal Injury law.•

FALL 1994 - QUARTERLY REPORT TO CLIENTS AND ATTORNEYS

PAGE SEVEN

S[ARCY Df.NNEYSCAROLA BARNHART &. SHIPLEY. P.A., ATTORNEYS AT LAWP. O. DRAWER 3626, WEST PALM BEACH, FLORIDA 33402~3626

His community involvement hasincluded membership on the Board ofDirectors of the Philharmonic Orchestraof Florida and the Morikami Museum.Mr. Shipley is currently on theEndowment Board for the Unity Schooland the Board of Directors of the OldSchool Square, both in Delray Beach.

As a member of the Academy of FloridaTrial lawyers and a Past Vice-Presidentof the local Chapter of the AmericanBoard of Trial Advocates, Mr. Shipleystays involved with the fight to preservethe rights of victims to pursue justice inthe courts.•

from time to tif11e, teaches a class onPremises liability at Florida AtlanticUniversity.

SEARCYDENNEYSCAROLABARNHART

~SHIPLEY..

Shipley..•Continued from Page Two

Due to the preeminence of the medicalexpert obtained by the law firm, as wellas significant assistance from post­injury treating physicians at BascomPalmer Eye Institute, John A. Shipleywas able to settle this case for Dr.Lowe's policy limits of $1,000,000shortly after the 90-day LOI period ex­pired. Dr. Brockhurst never even had togive a deposition.

Eye infections are extremely dangerousand require prompt, aggressive treat­ment with antibiotics. This treatmentcures infections in the great majority ofcases. Ms. Rauth's personal tragedywas totally preventable if the doctorhad only used state- of-the-artmedicine._

Blinded Woman•••Continued from Page One

fore, he was willing to do so in thiscase. Dr. Brockhurst agreed to testifybecause he was aware that Dr. Lowehad preViously experienced a similarproblem with another patient who hadcalled him with a complaint. Dr. Brock­hurst reviewed the medical records andgave the opinion that Ms. Rauth had re­ceived inadequate, below standardmedical care from Dr. Lowe.

Searcy Denney Scarola Barnhart &..Shipley, P.A. believes Financialcontributions alone do not fulfill ourcommitment to the community. Ofequal importance are the manyvolunteer hours we provide assistinglocal charities with their fund raisingefforts. Our attorneys, paralegals andsupport staff continue to donate theirpersonal time to improve the quality oflife for people in our community.

Recently. our firm sponsored a race carteam in the United Cerebral Palsy Mini­Grand Prix held in West Palm Beach.OUT attorneys, paralegals and supportstaff revved their engines to raise fundsfor the programs and services of ucr, anon-profit organization benefittingchildren and adults with developmentaldisabilities.

Our firm also provided a team for thePalm Beach County L.,iteracy Coalition'sThird Annual Great Grown-Up SpellingBee.The event helped raise funds andpublic awareness for the Coalition'sefforts to promote literacy in ourcounty.•

Taking•••

Time/oCare

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firm Attorneys Named"Best Lawyers In America"Christian D. Searcy, J. Gregory Barnhart and Christopher K. Speedhave been named in the most recent edition of Best Lawyers In Americd inthe personal injury field. The top 1% of the nation's lawyers are selectedbased on a peer vote. Evaluations are done by other lawyers within thesame field. Searcy Denney Scarola Barnhart &. Shipley, P.A., is honored thatthree attorneys in the firm have been recognized in this book.•

PAGE EIGHT

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Wishingyou

HappyHolidays!

SEARCYDENNEYSCAROLABARNHART

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