Samole and Berger, P.A.

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Race Discrimination Case Favorably Settled by the Firm: M.J., a thirty year old Black male, who worked his way through high school and taught himself computers, was terminated by a large, multinational computer company, for what Samole & Berger, P.A., alleged was purely racial motives. After taking discovery and unveiling the true discriminatory motives behind the bogus company action, the Defendant agreed to a confidential favorable settlement for M. J.

Firm Obtains $325,000.00 for Muscular Dystrophy Client Injured in Car Accident: G.I., who has suffered from Muscular Dystrophy since she was a child, was injured in a car accident when the defendant driver made an illegal right turn in front of the car in which she was a passenger. After obtaining the maximum limits of $125,000.00 from the defendant driver, the firm was able to obtain an additional $200,000.00 in benefits from the client's own insurance carrier, because the firm uncovered the fact that the carrier was unable to produce all of the necessary documents it was required to maintain under the Florida Statutes. Once confronted with this violation, the carrier turned over the full extent of its policy limits.

Slayer Statute/Wrongful Death Insurance Case settles in excess of $300,000.00: Samole & Berger, P.A., was retained by the family of a person who was murdered by designated beneficiary of the decedent's life insurance proceeds. After researching the facts of the case, the Firm uncovered Florida's Slayer Statute which forbids the beneficiary of a life insurance policy from receiving the benefits of the policy if it is the beneficiary that causes the death of the named insured. Despite the fact that the criminal case had not been resolved, the firm was able to obtain the full amount of the life insurance policies on behalf of the client.

High Speed Chase Case Settles for Client: The firm recently concluded representation of the Estate of D.J. In 1996, the City of Miami Police Department undertook a high speed chase of an individual who had allegedly committed a battery on his girlfriend. During the chase, D.J. was crossing the street and was fatally struck by the vehicle being chased by the police. The Firm sued the City of Miami alleging that the City negligently undertook and carried out the chase in question. The parties reached a confidential settlement.

Martin I. Berger wins Pro Bono Award: The firm is proud to announce that Martin I. Berger, a partner in the firm, was awarded the "Guardian Ad Litem / Child Custody" Award by the Put Something Back Pro Bono Project for the Dade County Bar Association. Mr. Berger was recognized for his efforts in representing children as their Guardian Ad Litem in Child Custody disputes that arise in the Family Courts.

Nursing Home Negligence/Wrongful Death Claim Settles for $500,000.00. P.R., an 80 year old gentleman, checked into the H.N.M.S. Nursing Home suffering from dementia and diabetes. After the home noted in its records several times that P.R. had a tendency to wander, the home negligently allowed P.R. to stray outside the facility. He was found over ten miles away from the facility in a coma with severe injuries to his head and feet. Due to his injuries, P.R. ultimately passed away. After a wrongful death/Nursing Home Negligence suit was filed by Samole & Berger, P.A., and extensive discovery was taken on the matter, the Personal Representative of the Estate of P.R. agreed to a settlement in the amount of $500,000.00.

Invasion of Privacy Case Settles for $25,000.00: F.M., a 35 year old woman, was injured in a car accident and began treating with the Defendant Physician for neck and back injuries. During his examination of the patient, the Physician required that F.M. remain completely nude during his entire twenty minute examination. The physician then proceeded to see F.M. on other occasions, each time requiring F.M. to remain totally undressed throughout the extensive examination. After the firm filed a suit alleging Medical Malpractice and Invasion of Privacy by Intrusion Upon Seclusion, the parties agreed to a settlement for the amount of 25,000.00.

Sexual Harassment/Penis Exposure Case Successfully Settled by Samole & Berger, P.A.: N.W., while working for a major national corporation, was approached at her workstation one day by her supervisor. When N.W. turned around in her chair, her supervisor was sitting across from her with his penis intentionally exposed. Samole & Berger, P.A., undertook an intensive investigation into this matter and discovered that the offender had in fact exposed himself on a prior occasion to another employee of the company. With this information in hand, the Defendant agreed to a significant settlement for N.W.

Samole & Berger, P.A. Negotiates Commercial Collection Dispute: E.E., Inc., an international electronics manufacturer, approached the firm about seeking payment for goods that were shipped to a major retailer and department store chain in the United States and never paid the amount due, claiming anticipated returns, mark downs, and various other unsupported offsets. After demanding payment of the outstanding balance, and discrediting the unsupported claimed credits of the retailer, the firm negotiated payment of the goods on behalf of its client.

Samole & Berger, P.A. Wins Verdict Over K Mart for $169,000.00. Samole & Berger, P.A. recently completed a five day trial in Plantation Key, Florida, where a jury awarded the firm’s clients a judgment for $169,000.00. The injury arose out of a slip and fall in the K Mart store located in Key Largo, Florida. Through discovery, the firm learned that the leak that caused the client to fall had been present for over twenty months, yet K Mart refused to fix it. After deliberating for over four hours, the jury held that K Mart was 100% negligent for the client’s injuries, and awarded the clients damages for pain and suffering both in the past and into the future.

Sexual Harassment Claim Settles in Excess of $400,000.00. J.T., Represented by Samole & Berger, P.A., worked for a multinational entertainment corporation. Throughout her employment, she was repeatedly sexually harassed by her supervisor, who would on a constant basis solicit J.T. for sex, and would threaten that he would fire her if she did not engage in sexual intercourse with him. After taking discovery on this case, the Defendants settled this matter for an undisclosed amount.

The Firm Settles Negligent Shipping Case for $303,425.13. E.L.I., represented by Samole & Berger, P.A., shipped a series of shipments with the Defendant Shipping Company. Due to the negligent practices of the Defendant, causing a long delay in the delivery of the goods, E.L.I. Suffered severe losses to is business. One week before the federal court trial in the Southern District of Florida, the firm was able to negotiate a successful settlement in the amount of $303,425.13.

Samole & Berger, P.A. receives $135,000.00 in Medical Malpractice Action Against Orthopedic Surgeon. L.N., represented by Samole & Berger, P.A., was injured in a motorcycle accident. During his treatment, he developed a staph infection in the wound that went undetected by his orthopedic surgeon. As a result of the malpractice, L.N. underwent a second surgical procedure.

Firm Settles Case with School Board: S.T., was attending class at Arvida Jr. High School, when he was injured in photography class by a machine that malfunctioned. S.T. received a cut to his gums as well as injuries to his two front upper teeth. After taking discovery at the school, and proving to the Defendants that the machine was in fact dangerous, the firm successfully settled this matter for its minor Plaintiff.