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Gerard (Jerry) Duignan joined The Bleakley Bavol Law Firm in 2016. Duignan has extensive experience litigating first and third party insurance matters.
Duignan was born in Oyster Bay, New York but grew up in Tampa, Florida where he attended the University of South Florida. Duignan subsequently earned his Juris Doctor degree in 1997 from the University of Florida.
Since becoming a member of the Florida Bar, Duignan has handled a wide array of cases including automobile negligence claims, premises liability claims, defense of sinkhole claims, professional liability claims, construction claims, insurance coverage issues, and personal injury protection claims. Duignan also has appellate experience, including arguing before the Second District Court of Appeals.
Duignan lives in Lutz with his wife, Annabel, and two sons. He is an avid sports fan and enjoys playing guitar.
The Bleakley Bavol Law Firm is pleased to welcome Greg Demers and Eli Marger to the firm.
Greg K. Demers joined The Bleakley Bavol Law Firm as a summer law clerk in May of 2015. He later became an associate attorney in August of 2016. Greg practices in the areas of labor and employment, product liability, and commercial litigation.
Eli M. Marger joined The Bleakley Bavol Law Firm in August of 2016. He practices in the areas of workers' compensation, premises liability, auto and trucking liability and sports law.
Robert Bleakley and Grant Kindrick successfully defended long-time client Advance Auto Parts and one of its drivers in an alleged delivery truck versus pedestrian accident in which the pedestrian claimed to have suffered an injury to her left knee requiring surgery, future surgery, and pain and suffering/mental anguish. After a 5 day trial, the jury deliberated for 25 minutes before returning a verdict for the defense. 10/15/15
The Bleakley Bavol Law Firm is pleased to welcome J. Ronald Denman to the firm. Denman has a national litigation practice and represents public and private companies in a wide variety of complex commercial litigation matters, including intellectual property litigation, deceptive and unfair trade practices, directors' and officers' liability, professional liability, personal injury and products liability defense, construction litigation, probate and guardianship litigation, and family law matters.
Robert Bleakley and Susan Lee recently won a four-day jury trial in Hillsborough County Circuit Court. The plaintiff claimed significant neck injuries following an accident in which her vehicle collided with a truck owned by Smithfield Packing, Inc.
Mr. Bleakley and Ms. Lee represented Smithfield Packing, Inc. and its driver. At the time of the accident, the Smithfield truck was blocking two lanes of northbound traffic on Alexander Street in Plant City, Florida. However, the jury found the plaintiff 90% at fault for the accident and awarded her no damages for past or future medical expenses, even though she had a two-level fusion in her cervical spine and her surgeon recommended another surgery at the adjacent levels.
The plaintiff agreed to dismiss the case, with prejudice, following the verdict because Smithfield filed a proposal for settlement earlier in the case, meaning that, as a result of the jury verdict, plaintiff owed Smithfield's attorneys' fees and costs. Mr. Bleakley and Ms. Lee were able to establish that the accident occurred because the plaintiff was likely speaking on her cell phone at the time she impacted the Smithfield truck. Moreover, Mr. Bleakley and Ms. Lee established that the plaintiff's neck injuries were not caused by the subject trucking accident.
Medical device and drug manufacturers are increasingly doing business with foreign suppliers to locate comparatively inexpensive raw ingredients and component parts. However, the perceived advantages of this strategy may be short-lived without proper control over the products liability risks that may arise from foreign suppliers. This webinar will address:
- Common products liability risks associated with foreign suppliers;
- Legal challenges related to suing foreign suppliers in U.S. courts;
- Strategies for transferring risk to foreign suppliers; and
- Tips for minimizing risk.
Chuck Bavol, Esq. is a partner with The Bleakley Bavol Law Firm in Tampa, Florida. Chuck has extensive national jury trial experience and has successfully defended lawsuits, both individual and class action, involving a variety of implants, medical devices and pharmaceuticals. Since 1989, Chuck has been a member of Medmarc’s defense panel counsel. In 2006, Chuck was named Medmarc's Attorney of the Year in recognition of superior legal representation of Medmarc member companies.
Chuck served as National Trial Counsel for Dow Corning Corporation in its defense of silicone implant product liability cases involving its many and varied non-mammary implants. In that capacity he has tried silicone mass tort cases across the country, as well as serving on the National Litigation Team managing local counsel throughout the United States and Canada.
Chuck received his Bachelor of Business Administration degree, with distinction, from the University of Michigan in 1976 and Juris Doctor degree, cum laude, from Wayne State University in 1979.
Chuck is a member of The Florida Bar, State Bar of Michigan, U.S. District Courts for the Eastern and Western Districts of Michigan, the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, and the U.S. Court of Appeals, Sixth and Eleventh Circuits.
The Plaintiff, a 55 year old female from London, England, had her remaining fourteen (14) natural teeth extracted, desiring a full mouth restoration with dental implants. Following recovery from the implant surgery, a full upper and lower prosthesis was fabricated and fixed into place by screws through the prosthesis and into the dental implants. Two and one half years after implantation, a massive infection resulted in the loss of four (4) upper implants and one (1) lower implant, with significant destruction of bone under the gums.
The Plaintiff took 6 1/2 trial days to put in her case. The defense case took only 1 1/2 trial days. After closing arguments, the jury took only 60 minutes to reach a verdict in favor of the Defendant dentist on all counts. Post-trial motions for attorney’s fees and costs are pending on the Plaintiff’s failure to accept a statutory pre-trial Proposal for Settlement.
The plaintiff sued the builder in his individual capacity and was allowed to amend her complaint to allege punitive damages. She sought the difference in market value of the home when she purchased it in February 2007, to the time she sold it at auction in late 2008, including costs for remediation of mold and other repairs. The defense centered on the plaintiff’s “buyer’s remorse” in purchasing an investment property at the very time the market was beginning a steep decline. With respect to the water intrusion and mold claims, the defense focused upon the plaintiff’s maintenance of the home during the warm Florida summer months while the plaintiff was away at her home in Maine and the complete absence of any evidence that the defendant knew or should have known of any mold or water intrusion issues existing at the time of sale. Evidence indicated that the plaintiff kept the temperature/humidity levels in the closed-up home at 85°/60% - an ideal recipe for mold growth. The plaintiff took nine and a half trial days to present her case. The defense was completed in three and a half days. After closing arguments, the jury took only 90 minutes to reach a verdict in favor of the defendant on all counts. Post-trial motions for attorneys' fees and costs on plaintiff's failure to accept a pretrial proposal for settlement were granted, and payment from the plaintiff has been received by a very happy defendant!
To learn more about DRI, an international membership organization of attorneys defending the interests of business and individuals in civil litigation, visit www.dri.org. For printable version of this article, click here.