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 RICHARD A. SHERMAN, SR. APPELLATE ATTORNEY SAMPLING OF MULTI-MILLION DOLLAR APPEALS HANDLED BY MR. SHERMAN Representing the defense interests on appeals Richard Sherman has handled over 200 appeals involving over $1 million each; Continental Florida Materials v. Kusherman, 91 So. 3d 159 (Fla. 4th DCA 2012)(Trial Fort Lauderdale, Appeal West Palm Beach) $6.6 million Verdict and Final Judgment reversed for a new trial on all issues. A concrete truck unloaded its concrete on a construction project and then backed out of the project and was backing down a city street when it ran over the Plaintiff causing severe injuries. A Jury Verdict and Final Judgment of $6.6 million were entered, and I was successful in having this reversed for a new trial on all issues. ERP Operating Limited Partnership v. Sanders, So. 3d (Fla. 4th DCA, July 18, 2012)(Trial Fort Lauderdale, Appeal West Palm Beach) $4.5 million Jury Verdict reversed to enter a Directed Verdict for the Defendant. An unknown assailant entered an apartment in a complex and shot and killed two people. The Plaintiff filed suit against the apartment complex for negligent security and the jury returned a Verdict of $4.5 million. I was successful in having this reversed on appeal to enter a Directed Verdict for the Defendant. Nationwide Mutual Fire Insurance Company v. Darragh, So. 3d (Fla. 5th DCA 2012)(Trial Sanford, Seminole County, Appeal Daytona) The jury returned a Verdict of $3.99 million dollars, and I was successful in having the Fifth District Court of Appeal in Daytona reverse the future economic damages of $1.518 million, on the basis that no reduction to present value instruction was given, and also because the Plaintiff was allowed to use a government website to calculate his own retirement benefits from the army rather than having an economic expert testify as to this.
Servello & Sons, Inc. v. Sims, 922 So. 2d 234 (Fla. 5th DCA 2005); Review Denied, 939 So. 2d 1060 (Fla. 2006) (Two Appeals) (Trial Orlando, Appeal Daytona).
Heathrow Master Association, Inc. v. Zulia, 52 So. 3d 811 (Fla. 5th DCA 2011) ; Heathrow Master Association, Inc. v. Zulia, 46 So. 3d 633 (Fla. 5th DCA 2010) (Two Appeals) (Trial Sanford - north of Orlando, Appeal Daytona).
LRX v. Horizon, 842 So. 2d 881 (Fla. 4th DCA 2003); Review Denied 859 So. 2d 514 (Fla. 2003); 922 So. 2d 984 (Fla. 4th DCA 2005)(Three Appeals)(Trial Fort Lauderdale, Appeal West Palm Beach)
Zorc v. Jordan, 765 So. 2d 768 (Fla. 4th DCA 2000) Review Denied, 786 So. 2d 1186 (Fla. 2001) (Two Appeals) (Trial Vero Beach -between West Palm Beach and Daytona, Appeal Daytona) Harrell and Publix Supermarkets, Inc. v. Mayberry, 754 So. 2d 742 (Fla. 2d DCA 2000) Review Denied, 773 So. 2d 742 (Fla. 2000)(Two Appeals) (Trial Bartow - east of Tampa, Appeal Tampa) $7 million Jury Verdict reversed for a new trial. An automobile and a Publix truck were involved in an intersectional collision and two automobile passengers were killed, and the third was seriously injured. A Jury Verdict was returned for $7 million, and I was successful in having the Court of Appeal in Tampa reverse for a new trial.
Central Florida Lumber Unlimited, Inc. v. Qaqish, 12 So. 3d DCA 2nd DCA 2009) Review Denied, 26 So. 3d 582 (Fla. 2009) (Two Appeals)(Trial Tampa, Appeal Tampa) Two workmen were on the roof of a construction project when the roof collapsed due to improper trusses. It developed that the general contractor, the roofing sub, and at least one other sub, did not have valid contractor's licenses. I was successful in having the Second District Court of Appeal in Tampa reverse and hold that even though the GC and several subs were not legally licensed contractors under Florida law, there was still immunity for the GC, the subs, and the entire project. In South Florida and Florida generally, on most every job site there are subs or GCs without proper contractor's licenses. Therefore, this reversal is worth hundreds of millions of dollars for the insurance industry and the construction industry, as well as being worth $3 million in the present case. Aguiles v. M.G. Construction, Inc., 11th Judicial Circuit Court, Case No. 93-16985, March 10, 1999 (Trial Miami). $18.5 million Verdict, reversed on post-trial motions for a new trial, then settled for a minimal amount. The Plaintiff was brain damaged when the car in which she was riding went into a canal, which she alleged should have had a guard rail, and the jury returned a Verdict of $18.5 million. Von Stetina v. Florida Medical Center, 474 So. 2d 783 (Fla. 1985) (Two Appeals) (Trial Ft. Lauderdale, Appeal West Palm Beach) $17 million Judgment reversed for a new trial. This was a highly publicized medical malpractice case in which jury returned a Verdict for $12.5 million, and an attorney's fee judgment was entered for an additional $4.4 million, for a total of $17 million. Reversed in the Florida Supreme Court for a new trial.
Brillinger v. City of Lake Worth, 978 So. 2d 265 (Fla. 4th DCA2008)(Trial West Palm Beach, Appeal West Palm Beach). All telephone lines into the City of Lake Worth Police Department were recorded, not just the 911 lines. Two officers were disciplined based on information obtained from recordings on the non-911 numbers, and they filed a class action suit against the City of Lake Worth for damages under the Florida Wire-Tapping Law, and additionally the sister of one of the officers who was involved in the calls filed suit. A Florida Attorney General's Opinion which was handed down prior to the installation of the telephone system said it was illegal to record the other lines as Lake Worth had done. The potential damages were tens of millions dollars because the statute provided a civil penalty of $100 per day; plus punitive damages and attorney's fees; and tens of thousands of calls had been recorded for several years. I handled the case in the trial court and was able to persuade the trial judge that the City of Lake Worth should not be liable despite the Attorney General's Opinion, and then was successful in having the Court of Appeal in West Palm Beach hold that there was no liability of Lake Worth due to a good faith belief that the system had been installed properly, despite the Attorney General's Opinion. Nationwide Mutual Fire Insurance Company v. Garrity, 23 So. 3d DCA 237 (Fla. 3rd DCA 2009)(Trial Miami, Appeal Miami). The trial judge issued a ruling construing a clause in Nationwide's automobile insurance policy such that it provided uninsured motorist coverage to a class of individuals that Nationwide contended was not entitled to uninsured motorist coverage. The wording in the policy was similar to the standard wording in most other insurers' automobile policies, and therefore this holding provided coverage for this class of passengers in practically every automobile policy in Florida, and it would also have been used as precedent in other states to provide coverage. I was successful in having the Third District hold the ruling was error and invalidated the ruling, instructing the judge to reverse the ruling. This saved tens or hundreds of millions of dollars for the insurance industry just in Florida, and also prevented the ruling from being applied to policies in other states.
Santa Fe Development Corporation v. Randolph, 506 So. 2d 18 (Fla. 3d DCA 1987)(Miami). City of Miami v. Perez, 509 So. 2d 343 (Fla. 3d DCA 1987)(Miami). Budget Rent-A-Car Systems, Inc. v. Bennett, 847 So. 2d 579 (Fla. 3d DCA 2003)(Miami). Kaufman v. Lassiter, 616 So. 2d 491 (Fla. 4th DCA 1993)(Palm Beach). MM Venture v. Masterpiece, 559 So.2d 314 (Fla. 3d DCA 1990) (Miami). International Insurance Company v. Ballon, 403 So.2d 1971 (Fla. 4th DCA 1981)(Palm Beach). Hartford Accident and Indemnity Company v. Travelers Indemnity Company, 554 So.2d 559 (Fla. 1st DCA 1989)(Pensacola); 529 So. 2d 694 (Fla. 1988); 519 So. 2d 1059 (Fla. 1st DCA 1988). St. Paul Fire and Marine Insurance Company v. Welsh, 501 So.2d 54 (Fla. 4th DCA 1987)(Ft. Lauderdale). Cadillac Motor Car Division of General Motors v. Brown, 428 So.2d 321 (Fla. 3d DCA 1983)(Miami). Hartford v. Mathis, 511 So.2d 601 (Fla. 4th DCA 1987)(Palm Beach). Biscayne Medical Center, Inc. v. Ortiz, 438 So. 2d 842 (Fla. 3d DCA 1983)(Case No. 82-2235)(Miami). Surface v. Alliance, Third District (Case No. 81-2498)(Miami). Souchanchak v. Eli Lilly, 370 So.2d 819 (Fla. 3d DCA 1979, cert. denied, 383 So.2d 1202 (Fla. 1980) Hewko v. Genovese, 739 So. 2d 1189 (Fla. 4th DCA 1999)(Palm Beach).
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