CASE SUMMARIES

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During the course of his career Mr. Butler has represented thousands of injured people in personal injury lawsuits. Many of our largest settlements include a confidentiality provision which prohibits their disclosure on our website. The following is a recent sampling of verdicts and settlements which are a matter of public record and not subject to confidentiality provisions.

We are most proud of cases where we have achieved results greatly exceeding the amount of stated insurance coverage or so called “final offers”.

Recent Case Results

2017 Trial Against Attention Blinded Driver/Business Results- $915,000+ Final Judgment(s)

A 20 year old Northern Kentucky woman was injured while traveling through Gainesville Florida by a local attention blinded driver engaged in certain business related activities. The young woman sustained 2 herniated disks with associated annular tears in her neck and a mild shoulder impingement. Howard Butler of the Butler law Group was retained and after attempts to settle the case with the adverse driver’s carrier State Farm proved fruitless filed a lawsuit. State Farm denied liability, causation and damages via 5 different retained experts in various specialties and never offered more than $50,000. Following a week long jury trial an Alachua County jury returned a verdict of $735,000 and a separate judgment for sanctions brought the total amount owed to $915,000 plus interest.

Motorcyclist suffers aggravation of pre-existing back injury- $350,000 settlement (2017)

A retired Jacksonville man who had previously undergone lumbar surgery was injured when a local car dealership employee backed into his motorcycle aggravating his low back condition and requiring him to undergo additional surgery. He retained Howard butler and Drew Baskin of the Butler law Group to take over his case after an unsatisfactory experience with another law firm. BLG thoroughly worked up the case and successfully negotiated a pre-suit resolution while taking steps to preserve the clients existing benefits.

Six figure settlement for female who fell while exiting Mayport Casino Cruise-ankle injury (2017)

A retired Jacksonville female fell and seriously injured her ankle on a dangerous ramp while exiting a Mayport Casino Cruise line following a night out with her husband. The ankle surgery necessitated surgery utilizing plates and screws. After the Casino Cruise line denied liability an investigation led by Howard Butler of the Butler law Group revealed surveillance video showing that the carpet on the ramp was improperly maintained such that it had ripples in it and that a Casino employee attempted to adjust it while patrons were exiting causing the client to fall. The case resolved pre-suit after several months of negotiations.

Apartment Complex Liability- Fall causing knee fracture with RSD component-$350,000 (2016)

A previously disabled and retired 50 year old female living in a luxury gated apartment community in the Florida panhandle slipped and fell on a layer of clear ice which formed overnight on a walkway after maintenance personnel failed to turn off the irrigation system despite known freezing conditions. As a result she fractured her left knee and developed RSD type symptoms. The out of state commercial owners and managers of the Apartment Complex denied any fault, blamed its resident and others for the fall and pointed to certain provisions of their lease agreement insulating them from liability and requiring arbitration. BLG, led by Howard Butler, overcame each of these defenses and reconstructed the events so as to establish negligence on their part. After an impasse was reached at mediation 6 months earlier the Defendants paid nearly 9 times that amount 2 weeks prior to trial to settle..

Hotel Negligent Security Wrongful Death Case (2015 $650,000+ recovery)

A 16 year old Jacksonville student was shot and killed while attending a “sweet 16 birthday party” being held at a local hotel. The perpetrator was another 16 year old attendee at the event who is now serving 35 years in a Florida prison. The family of the victim was referred to Howard Butler at the Butler Law Group who investigated claims against the shooter’s mothers homeowners policy, the Host parents homeowners policy and the Hotel. Despite numerous legal challenges such as the fact that neither the shooter or victim were officially invited to the event and that it was a “targeted” shooting BLG was able to secure a $250k settlement from the shooter’s mothers homeowners pre-suit before filing suit along with co-counsel Matthew Posgay of the Coker law firm against the other Defendants. Prior to trial a global settlement in excess of $400,000 was reached as to the remaining Defendants.

Female Bus Passenger (2015 non-surgical cervical injury $125,000 settlement)

A 24 year old female City Bus passenger was injured when it was sideswiped by an out of control Tractor Trailer prior to it running into an unoccupied building. The Truck driver claimed that a wasp inside his cab caused him to lose control and that the impact to the bus was minimal and could not have caused serious injury. BLG ,and their experts, conducted a comprehensive investigation of all the vehicles involved including ECM data and onboard video in order to reconstruct the crash and mechanism of injury. BLG’s Howard Butler secured a six figure pre-suit settlement.

Lump sum settlement of future benefits for worker (lumbar injury $295,000) 2015.

Howard G. Butler of BLG represented a man who seriously injured his back in 2001 while working for a furniture store. After securing permanent total disability and medical benefits totalling hundreds of thousands of dollars over more than a dozen years Butler negotiated a lump sum settlement of future benefits which includes an annuity for related future care.

Man Injured in Crash with School Bus -non-surgical lumbar injury- $325,000 settlement (2015)

A young military man was injured when an inattentive school bus driver turned left in front of him causing a significant crash. The private bus company denied fault, claimed that the bus driver had a green arrow and blamed the young man for causing the crash. No pre-suit offer was ever extended. The young Navy man hired Howard Butler of the Butler Law Group who filed suit and established 100% fault on the part of the school bus driver and company via accident reconstruction analysis. At mediation the Defendant offered a six figure resolution and approximately 1 month prior to trial
significantly increased that offer and the case settle

$200k Recovery For New Mexico Couple Injured in Fla (2014)

A couple from NM were injured when the rental car they were driving slammed into another disabled rental car which had been left in the I-95 N bound lanes following a one car collision. The couple suffered soft tissue type neck and back injuries according to their NM chiropractic physician. The adverse driver claimed that a mechanical problem caused the initial crash and her carrier took the position that the NM driver was negligent in failing to see and avoid the disabled vehicle and denied liability. Howard Butler of the Butler Law Group filed suit and established that the initial crash was likely the result of driver fatigue. Accident reconstruction showed that the black rental car vehicle was negligently abandoned sideways in this dark stretch of I-95 such that it could not be seen by ongoing traffic. Additional diagnostic testing objectively documented more significant injuries than initially thought. The case resolved at mediation several months prior to trial.

Defective Product-Electrocution Case - $3,325,000+ (December 2013)

An Orlando product liability trial involving an electrocution which had been scheduled to be shown on CVN(formerly known as Court TV) beginning on Monday Dec 9th has settled. Howard Butler of the Butler Law Group out of Jacksonville represented the Plaintiffs. Terms of the multi-million dollar settlement are confidential.

Learn more about this significant electrocution case. 

 

Six-figure Settlement For 88 Year Old Pedestrian Struck By Car while Crossing Road (2013)

A 88 year old retired Philippino national resided in the United States with his wife and adult children in New Jersey and Florida. While in Jacksonville he took the public transit to the Dog Track and was struck by a car while crossing the street and knocked to the ground. He refused any treatment at the scene and continued on to the Kennel where a few hours later he had a seizure, fell and died of a head injury. Diagnostic testing and later autopsy findings were consistent with the earlier motor vehicle accident causing the head injury versus a fall. The adverse driver had minimal auto liability coverage and denied any responsibility. The family retained Howard Butler, Esquire of the Butler Law Group to represent their interests and investigate what happened. Butler established that the adverse driver was in fact at fault for the collision and that the injuries were related to this trauma and recovered the adverse driver’s policy limits. More importantly he was able to establish UM coverage under the resident relative provision of a NJ policy and secure a six figure policy limits recovery plus other benefits so as to separately satisfy a six-figure hospital bill, funeral expenses, etc.

Confidential Settlement reached after 1 week of trial in student wrongful death case involving School Bus (March 2013)

In late March 2010 a 15 year old Ohio student was struck and killed on her cul de sac by a school bus while walking to her own bus stop. Local authorities determined that darkness and rain contributed to the accident and did not cite the driver or the commercial school bus company that employed her.  The Ohio Bus Company, one of the largest employers in the region, asserted that they and their driver did nothing wrong and blamed the students walking in the cul de sac for her death. Under Ohio law motor vehicles generally owe no duty to pedestrians who must yield the right of way to motorists and victims found to be 51% negligent recover nothing. The students family retained Howard Butler of the Butler Law Group to represent them along with co-counsel Brad Barbin of Columbus Ohio. A lawsuit was filed in nearby Hamilton County Ohio and over the next two years evidence was developed that the subject School Bus and its professional Driver were aware that this was a “high alert” area and that they both were subject to certain Federal and State driver safety rules which, if followed, would have prevented this tragic death. After successfully defeating the summary judgment sought by the Defendants who asserted that this lawsuit “never should have been brought” the case proceeded to trial in southern Ohio. After 1 week of a 2 week trial a confidential settlement was reached between the parties in the wrongful death case.

$180,000 lump sum settlement for future benefits of injured worker (2013)

In 2002 a woman working for the Salvation Army was injured when she was thrown from a horse injuring her head, neck and back. Attorney Howard Butler, Esquire of the Butler Law Group represented her in her workers’ compensation case and over the course of several years secured various medical and monetary benefits on her behalf. In 2005, he obtained permanent total disability benefits on her behalf at the age of 40 giving her much needed financial stability over her lifetime. In later years the Employer/Carrier made settlement offers but none were realistic. After approximately 11 years of receiving workers’ compensation benefits in the form of medical and monetary benefits a suitable resolution of her future benefits was reached which was $60,000 more than any previous offer.

Retrial of Case Results in Plaintiff's Verdict (Cervical Injury-Dec 2012)

A 37 year old man was struck in the head by a 3lb 3oz light fixture cover injuring his neck. The Defense hotly disputed that the trauma occurred and whether it was capable of causing injury and made a nominal type settlement offer. A Jacksonville area attorney referred the case to Howard Butler of the Butler Law Group to serve as co-counsel. The case had been previously tried to a Defense Verdict and an Appeal ensued affirming the trial court’s Order requiring a new trial due to its failure to give a required jury instruction as well as improper concealment on the part of 2 jurors during jury selection. At the retrial the Defendant again disputed causation and presented evidence from 4 separate defense experts that the trauma did not result in injury.

After a 5 day trial a jury rejected the argument and awarded damages of approximately $50,000 and judgement was entered totalling $105,000.


Defective Handicap Ramp Lawsuit Settlement ($275,000 plus installation of a new ADA compliant ramp) (2012)

A 66 year old retired client was injured (non-surgical neck injury and concussion) while attempting to assist her wheelchair dependent spouse exit a commercial building via a handicap ramp. Investigation by the Butler Law Group revealed that the ramp did not meet the minimum standards required by the ADA, Fla ADA or the Florida Building Code. Howard Butler Esquire filed suit and established during discovery that the building owner knew of the defect and chose not to rectify same after several occasions though legally obligated to do so. In 2012 the building owner demolished the non-handicap accessible entrance and installed a new ADA compliant ramp with proper slope, flat landings and handrails as required. Shortly before trial they then settled the case for nearly eight times their final offer at mediation.

Confidential Settlement - Defective Concrete Transporter Equipment - Wrongful Death of Worker Lawsuit (2012)

Howard G. Butler, Esquire of the Butler Law Group recently reached a confidential settlement in a death case involving an unreasonably dangerous concrete transporter shortly before trial. The equipment operator had significant blind spots due to the particular design configuration and operational characteristics which contributed to the death of a co-worker. Discovery revealed that there was no human factor analysis performed during the design process nor any safety testing as to operator visibility issues.

Verdict Against GEICO Insured For More Than 12 Times the Pre-Suit Offer (Sep 2011)

An Orlando area attorney referred a rear end collision case to the Butler Law Group as co-counsel after a $15,000 pre-suit offer. Following litigation by Howard G. Butler Esquire GEICO made a six figure offer to settle. At trial a jury returned a verdict of more than $80,000 higher than the best offer exclusive of taxable costs.

Confidential Settlement Against Major Trucking Manufacturer & Fuel Tanker Company for Wrongful Death of Driver (2010)

Howard Butler of the Butler Law Group was retained as co-counsel on a Florida case involving the death of a tractor-tanker driver following a rollover and fuel fed fire. The rollover itself occurred due to the driver’s error and the case was litigated against the Tanker owner for improper maintenance and the Truck Manufacturer for failure to provide an emergency escape hatch contributing to the death. Both Defendants paid separate confidential six figure settlements prior to trial.

First District Court of Appeal Affirms Jury Verdict in State Farm UM Case (Sep 2010 - $958,000)

The First District Court of Appeal Affirms Jury Verdict of $958,000 obtained by Howard Butler, Esquire of the Butler Law Group in the case of Plaintiff v. State Farm. State Farm had attacked the verdict on multiple grounds all of which were rejected by the Appellate Court.

Largest U.S. Auto Insurer Settles Case for More than Policy Limits Shortly Before Trial (MVA with Cervical Injury and Post Concussion Headaches (Sep 2010)

Plaintiff, a teacher’s assistant and caregiver, was injured in a car accident in 2007 when a 17 year old underinsured driver crossed the center line and collided head on with the plaintiff’s vehicle. Her underinsured motorist carrier took the position that her injuries were minor and made a nominal offer only pre-suit. Howard Butler of the Butler Law Group filed suit and litigated the case. Shortly before trial the UM carrier settled for ten percent over their policy limits.

Bar Negligent Security Case ($770,000 global settlement) (Sept 2010)

A female bar patron was killed in the parking lot of a Marion County bar when she was struck by 2 intoxicated customers fleeing the scene after an altercation. Her estate on behalf of her 2 statutory survivors retained Howard Butler of the Butler Law Group. The bar could not be sued under Florida’s dramshop laws which are limited to minors or cases involving “habitual drunkards.” Further, its liability insurance company denied coverage on the basis of an “assault & battery” exclusion requiring a separate declarations action lawsuit to be filed and co-counsel to be retained. As to damages the Defendants’ argued that the decedent had been married multiple times previously, had been married just a few years and that the spouse had remarried. The other statutory survivor was incarcerated. Shortly prior to trial the case was settled.

Trucking Company Wrongfully Fires Employee, Violating FS440.205

A large Florida trucking company terminated an employee based on a “zero tolerance rollover policy” that called for the firing of any driver involved in a rollover regardless of fault. In this case, the rollover was caused by a shift in the pre-packaged load as the driver was taking an exit ramp under the speed limit.

The unwritten policy was unknown to the terminal managers in the company and is not regularly utilized in the industry. Howard Butler of the Butler Law Group litigated the case on the basis that the policy was a systematic violation of 440.205 entitling the claimant to tort damages. The case was settled a few weeks before trial.


62 year old retired male rear end collision with moderate TBI (Jan 2009)
($75,000 pre trial offer - $958,000 Jury Verdict) Bad Faith Pending

A 62 year old grandfather- previously disabled due to a 1988 hip injury-was rear ended in 2005 by an uninsured drunk driver causing brain injury as well as head, neck/shoulder injuries and aggravation of pre-existing depression and anxiety. It is important to note the victim in this case was retired therefore the verdict did not include a wage loss claim.

A demand was made against the uninsured motorist carrier State Farm but they chose to offer only $75,000 of their $100,000 policy limits. Howard Butler, Esquire of the Butler Law Group filed suit and took the case to trial. State Farm was successful in keeping out all evidence of alcohol and intoxication as to the adverse driver. SF argued that the plaintiff had only a 6th grade education, suffered a concussion with little or no sequelae and a myriad of pre-existing health and mental problems. They argued that his life was essentially unchanged. After a week and a half of evidence including neuropsychology, a jury rendered a verdict roughly 12.5 times SF’s pre-suit offer.

Premises Liability Verdicts and Settlements

Defective Handicap Ramp Settlement ($275,000 plus installation of a new ADA compliant ramp) (2012)

A 66 year old retired client was injured (non-surgical neck injury and concussion) while attempting to assist his wheelchair dependent spouse exit a commercial building via a handicap ramp. Investigation by the Butler Law Group revealed that the ramp did not meet the minimum standards required by the ADA, Fla ADA or the Florida Building Code. Howard Butler Esquire filed suit and established during discovery that the building owner knew of the defect and chose not to rectify same after several occasions though legally obligated to do so. In 2012 the building owner demolished the non-handicap accessible entrance and installed a new ADA compliant ramp with proper slope, flat landings and handrails as required. Shortly before trial they then settled the case for nearly eight times their final offer at mediation.

Inadequate Security and Defective Alarm System ($26,900,000 Verdict)

Plaintiff, a female bank teller, was shot and left paralyzed during a robbery. Extensive pre-trial investigation and work with a nationally renowned jury consultaant led to a winning defective alarm system theory. Ray Bodiford in consultation with Howard Butler participated in mock jury sessions prior to Bodiford and and a partner going to trial in Lake County Florida.

Husband and Father of 3 killed during convenience store robbery ($1.5 million dollar settlement)

Plaintiff, a 36-year old male had worked for a privately owned convenience store for approximately 6 years. While working one afternoon, the store was robbed by two assailants. During the robbery the Decedent was shot and killed as he stood behind the register. Discovery revealed that notwithstanding multiple criminal incidents within the adjacent neighborhood, the cash register enclosure did not include bulletproof glass, a cash drop box, appropriate surveillance cameras or a hidden alarm, all in violation of applicable state statutes. Also, the insurance carrier for the owner of the store denied insurance coverage and Plaintiffs were forced to seek declaratory relief concerning insurance coverage. During the litigation of both cases, the Defendants requested a mediation and on behalf of the widow and three children, a policy limits settlement was obtained.

Fall from Ladder during Training Exercise (Multiple Fractures - $1 Million Settlement (Policy Limits)

Plaintiff, a 24-year-old wife and mother, had spent nearly five years preparing for a career as an EMT/Paramedic. She had worked at Baptist Beaches Medical Center and attended classes’ part time as she obtained the various certifications necessary to realize her dream employment. Duval County paramedics are required to complete basic firefighter training in order to ride rescue so she registered for the Basic Firefighting Course (Minimum Standards Class) being taught at St. Augustine Technical Institute in St. Johns County. Many of the students had no experience whatsoever in ladders, ropes or
other basic firefighting techniques. During the students very first ladder training exercise they were directed to wear full bunker gear and taken to a nearby field. There a number of students were ordered to retrieve and carry a 35 foot, 175 pound ground ladder to a designated spot where it was to be suspended straight upward using four ropes tied to the top of the ladder for support. Two students were placed at the base of the ladder and one student on each of the four ropes while students took turns climbing up and over the top of the ladder in their 25-pound bunker gear. During Plaintiff’s climb, 2 males were holding the ropes on one side and 2 females on the other side. One of the females was approximately 5’2″ and 100 pounds. Not surprisingly, the smaller female student was unable to hold the additional weight and the ladder fell causing multiple high impact injuries to Plaintiff as she fell and struck the hard ground. Liability (Fault) was denied and a lawsuit was filed by Howard Butler of Ossi, Butler, Najem & Rosario. Discovery revealed that the head instructor was aware that this advanced, controversial and dangerous maneuver served no practical purpose but chose to include it in the curriculum so as to “build confidence.” Investigation revealed were no safety nets, padding or any type of designated safe landing area utilized. In fact there were numerous potential hazards within striking distance of the designated location for the subject ladder.

The case ultimately settled for the policy limits of $1 million.


Female Customer Trips on Unsecured skateboard left in aisle of toy store (Pretrial offer of $125,000 - Multiple injuries verdict $925,189.97)

Defense argued that store was not negligent, that the accident was a result of Plaintiff’s negligence and that her injuries, if any, pre-existed the fall. Howard Butler, Esquire took the case to trial. Evidence presented established that Defendant’s policy regarding skateboards was unreasonably dangerous and that Plaintiff’s view of skateboard was “camouflaged” in the store’s environment. Numerous medical exhibits were used to prove a substantial aggravation of pre-existing conditions and loss of quality of life.

*Schmoldt PowerPoint, Verdict Form and Jury Verdict Reporter Summary


Plaintiff's trip and fall at local restaurant results in development of RSD in lower limb (Settlement - $725,000.00)

Plaintiff was injured when she tripped and fell as she was descending a small stairwell located within a restaurant owned by a national chain. As she was descending the stairs, her foot became caught on a piece of protruding molding. The fall resulted in a sprain of her knee and ankle. This condition worsened and the Plaintiff ultimately developed reflex sympathetic nerve dystrophy (RSD) in the lower limb. At the time of the incident, the Plaintiff was employed by a local company working in the information technology department where she was a highly respected long time employee. Because of her injuries, she was unable to continue with her employment.

During the course of discovery, it was determined that the restaurant had known of the previous problems concerning stair molding and Plaintiff’s experts had determined that the stairwell violated multiple aspects of local building codes. The defense claimed that the Plaintiff had a propensity to fall as she had fallen some three times within the previous 3 years causing injury to her lower limbs. Also, the defense argued that the Plaintiff was comparatively negligent in not noticing a defect in the molding and was the only individual who had fallen notwithstanding that 8 to 10 of her co-employees had descended the stairwell along with her. As a result of multiple mediations, a settlement was obtained.

Automobile/Truck Accident Verdicts and Settlements

Television Actor rear ended by a commercial van-cervical injury-aggravation of pre-existing condition (Pretrial offer of $75,000 - Verdict $872,249.46)

Defense argued that Plaintiff’s long standing pre-existing cervical condition was the reason for his treatment and eventual surgery and that he earned more money in the years following this collision. At trial attorney Howard Butler used a multi-media presentation to diffuse the defense’s arguments and demonstrate the aggravation and significant loss of earnings capacity resulting from this collision.
*See PowerPoint Presentation, Verdict Form.

Howard G. Butler obtains 14 times the carriers policy limit in auto collision case involving back surgery ($25,000 policy limit - $350,000 settlement - Bad Faith)

Allstate Insurance insured an adverse driver whose negligence injured a female client such that her physicians recommended surgery. A pre-suit demand was made for policy limits of $25,000 to which the carrier responded with an offer of $12,500. Howard G. Butler Esquire filed suit alleging bad faith handling of the claim for failing to timely pay its’ policy limits when it could have and should have under the circumstances. Following mediation the case settled for 14 times the policy limits.

Motorist forced off of road by tractor-trailer changing lanes causing multiple fatalities. ($600,000.00 pretrial settlement)

Because no impact occurred between the tractor-trailer and the Plaintiff’s vehicle, the driver of the tractor-trailer did not stop and continued driving some 40 miles away from the accident scene. Defendant driver claimed he was unaware of the accident. Only upon having to stop in traffic was an eyewitness to the collision able to obtain identification information which allowed Plaintiff’s counsel to determine the ownership and identity of the at-fault truck. During litigation, it was determined that the driver was in violation of numerous State and Federal regulations. Further, investigation and reconstruction of the collision revealed that the Plaintiff’s vehicle was apparently in the “blind spot” of the tractor-trailer when the truck cut over into the motorists’ lane. The case involved two adult children who brought a claim as a result of the death of their 83-year old mother.

Rear End Accident - Ankle Injury ($75,000 offer – Settled during trial $275,000)

Plaintiff, a 51 year-old male had worked in management at UPS for 26 years. While traveling to work one morning he was rear ended and knocked into the vehicle in front of him. He injured his neck, low back, left knee and ankle. Although his neck and back improved, the knee and ankle conditions progressively worsened over time eventually leading to ankle surgery and early retirement. The defense contended that the Plaintiff voluntarily retired four years after the accident and that his excessive weight (300+ pounds) was the cause of his problems. After 3 mediations the maximum offer was $75,000. The case went to trial and Howard Butler, Esquire, of Ossi, Butler, Najem & Rosario settled the case for $275,000 on the third day.

Non surgical pelvic fracture and emotional trauma (Settlement $500,000)

43-year-old Plaintiff was traveling northbound on I-95 heading to Orange Park to go Christmas shopping and purchase some antiques for his newly acquired business. At that time a tractor-trailer struck a car crossed over a grass median and mowed down multiple cars before striking the Plaintiff’s van. The Plaintiffs physical injuries were modest as compared to many others so a great deal of attention went into establishing the enormous emotional trauma he experienced. A comprehensive investigation and intense litigation established egregious conduct on the part of the driver and trucking company such that the court determined that a basis for both compensatory and punitive damages had been demonstrated. Howard Butler, Esquire resolved the case prior to trial.

Client initially determined to be at fault in tractor Trailer collision wrongful death (Settlement $800,000)

28-year-old married father of two was killed when his car was struck on the driver’s side by a tractor-trailer. Authorities initially determined that Plaintiff was at fault for the collision and the claim was denied. Discovery revealed that the tractor-trailer driver received no defensive driving training, was taking 8 kinds of medication and improperly braked using a hand control valve which substantially contributed to the collision. Computer animation prepared by Howard Butler, Esquire and accident reconstruction experts demonstrated that the collision should not have occurred.

16 year old female-motor vehicle collision-non surgical compression fracture and Post Traumatic Stress Disorder (PTSD)
(Best prior offer $15,000 - $150,000 Uninsured Motorist Settlement with Allstate).

A young female driver was forced off the roadway and into a retention pond by an unknown vehicle. A claim was made against her uninsured motorist coverage. Allstate took the position that the accident was solely caused by the inexperienced plaintiff, questioned whether there really was another vehicle and took the position that their insured’s injuries were minor. After a year and a half of unsuccessful dealings with the UM Carrier her Orlando attorney associated Howard Butler of the Butler Law Group and litigation ensued. Shortly after mediation the case settled for 10 times Allstate’s previous best offer.

Allstate settles auto collision case involving soft tissue cervical injury for 3 times its policy limits After receiving a final settlement offer of $11,000 in response to a demand for Allstates policy limits ($25k)

A Jacksonville attorney referred the case to the Butler Law Group for further handling. A lawsuit was filed and the case litigated. Allstate’s defenses included a subsequent accident and surveillance evidence. Howard G. Butler, Esq negotiated a settlement of 3 times the policy limits two weeks prior to trial.

Mild Traumatic Brain Injuries

62 year old retired male rear end collision with moderate TBI (Jan 2009) ($75,000 pre trial offer - $958,000 Jury Verdict) Bad Faith Pending

A 62 year old grandfather- previously disabled due to a 1988 hip injury-was rear ended in 2005 by an uninsured drunk driver causing head, neck/shoulder injuries and aggravation of pre-existing depression and anxiety. It is important to note the victim in this case was retired therefore the verdict did not include a wage loss claim.

A demand was made against the uninsured motorist carrier State Farm but they chose to offer only $75,000 of their $100,000 policy limits. Howard Butler, Esquire of the Butler Law Group filed suit and took the case to trial. State Farm was successful in keeping out all evidence of alcohol and intoxication as to the adverse driver. SF argued that the plaintiff had only a 6th grade education, suffered a concussion with little or no sequelae and a myriad of pre-existing health and mental problems. They argued that his life was essentially unchanged. After a week and a half of evidence including testimony by experts in bioengineering, human tolerance, neuroradiology, neuropsychology, etc a jury rendered a verdict roughly 12.5 times SF’s pre-suit offer.


Elderly Retired NJ Woman-Tractor Trailer collision-multiple injuries (Initial offer < $35,000 - $362,500 settlement)

A 74 year old female passenger from New Jersey was injured while traveling to Florida on vacation when her vehicle was struck by a tractor trailer near Jacksonville Florida. She sustained multiple orthopedic injuries including a mild traumatic brain injury. After unsuccessful attempts to resolve the case pre-suit a NJ firm referred the case to Howard Butler, Esquire of the Butler Law Group. Suit was filed and the Defense contended that her injuries were relatively minor and pre-existed the collision. Shortly before trial a settlement was reached that was ten times the pre-suit offer and exceeded the amount of the initial demand made by the referring attorney.

Mild but significant traumatic brain injury from automobile accident (Pretrial offer $10,000 - Verdict $260,000)

A Minnesota family was on vacation in Orlando, FL when their rental vehicle was broad-sided causing the female front passenger to strike her head on the A-pillar. A CT scan was recommended but not obtained at the emergency room. Plaintiff continued to have headaches and memory issues but an MRI of the brain was normal. The liability and uninsured-motorist carrier denied liability and took the position that there were no significant injuries. Howard Butler Esquire and Raymond Bodiford Esquire presented evidence from nationally renowned experts in neurology, bio-engineering, radiology and neuro-psychology as well as testimony from plaintiffs’ co-workers regarding the effect of this mild but significant brain injury. At mediation the liability carrier tendered its’ policy limits of $100,000 but the UM carrier chose to make a nominal offer and proceed to trial on liability and damages. A jury found them 100% liable and assessed the loss at $260,000. A bad faith claim is currently pending.

Optic (Eye) Nerve Injury from automobile accident resulting in partial visual disturbance ($325,000 Settlement)

A Cape Canaveral employee was involved in a frontal impact auto collision caused by an adverse driver. As a result he experienced headaches and double vision in one eye. According to his physician he sustained an injury to the optic nerve. The adverse carrier claimed that there was no optic nerve injury and made a minimal settlement offer. Suit was filed and Howard G. Butler and Raymond Bodiford eventually settled this claim following mediation.

Drunk Driving Accidents

Drunk Driver Hit & Run – Non Surgical Herniated Disks (Pretrial offer of $60,000 - Verdict $794,220.65 compensatory & punitive damages)

Plaintiff, a 45 year-old black female and her two passengers were traveling on I-95 when they were struck in the rear by another vehicle, spun around and slammed into a guardrail. They watched in horror as the other driver drove off without regard for the injured. Fortunately some good samaritans followed the hit and run drunk driver and identified her to authorities. Unfortunately, the Florida criminal system did nothing other than temporarily suspend the impaired driver’s license. Howard Butler of Ossi, Butler, Najem & Rosario conducted a comprehensive out of state investigation which revealed that the Defendant had been involved in prior collisions while impaired and had fled the scene on a prior occasion. Howard Butler, Esquire traveled to South Carolina and deposed witnesses, victims and authorities for use at trial in Florida and ultimately obtained a verdict ten times the previous offer.

Auto Defects Liability

Rollover/Seatback Failure – confidential seven figure settlement obtained by Howard G. Butler for a young military man ejected from SUV following a foreseeable rear end collision. Experts in vehicle
design safety, vehicle handling, occupant restraints, forensic investigation, warnings and life care planning were utilized to overcome various defenses.

Airbag’s Failure to Deploy - wrongful death – $750,000 settlement

Obtained by Howard G. Butler and Raymond Bodiford against a major manufacture following a survival frontal impact with the back of another vehicle resulting in the death of a 78 year old married man.

Airbag Inadvertent Deployment – confidential settlement

Settlement reached against a major auto manufacturer for aneck/shoulder injury caused by an airbag deploying after car hit a piece of tire scrap on the roadway. Roof crush – confidential (high six figure) settlement against a major auto manufacturer for a young male who suffered a serious orbital eye injury when the roof of his pickup truck collapsed during foreseeable collision and rollover.

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