Casualty Litigation

Rumberger, Kirk & Caldwell’s Casualty Litigation Group represents a large variety of clients in a wide range of matters throughout Florida and Alabama, including representation of various businesses directly, as well as through insurance companies, TPAs, and adjusting firms. This group is anchored by experienced litigators to provide cost-efficient defense, including serving as regional and statewide counsel for national retailers and risk pools.

Premises Liability
We represent hotels, restaurants, retailers and theme parks, as well as public housing authorities, in matters ranging from slip and falls to negligent security, false imprisonment and malicious prosecution claims. RKC has litigated against and is familiar with a large number of plaintiff’s firms throughout the state and has appeared in virtually every state, federal, and appellate court within Florida. Our attorneys have also worked with a number of established experts in various fields, such as engineering, medicine, economics and vocational rehabilitation and have litigated against a number of recurring experts who testify for the plaintiffs.

Motor Vehicle Accidents
As Florida’s highways grow more crowded each year, the number of accidents has also grown. Company vehicles and tractor-trailers continue to be attractive target defendants for lawsuits. RKC has defended trucking companies, fleet vehicles, and employees driving company cars, as well as other covered vehicles, in litigation for 35 years. We have working relationships with accident reconstructionists, biomechanics and other industry-related experts whose assistance in such matters can be invaluable, especially in catastrophic cases.

Representative Work

  • Gomez v. Redlands Christian Migrant Association (Collier County, FL). Obtained a defense verdict in a bus versus bicycle accident resulting in brain damage.
  • Myers v. Cook Moving Systems, Inc. (Hillsborough County, FL). Defense verdict in case where Plaintiff fell through skylight on warehouse roof.
  • Thorne v. Patricia Temples, Marshall Temples and Eric Wiseman (Hillsborough County, FL). Automobile accident in which jury found no permanent injury, resulting in only an $18,000 judgment against clients after Plaintiff’s counsel asked jury to award $2.2 million.
  •  Roberts v. Georgia-Pacific Corporation (Jackson County, AL). Wrongful death action alleging negligent loading of plywood on flatbed trailer. Judgment as a matter of law granted in favor of defendant at close of plaintiff’s evidence.
  • Goss v. Busch Entertainment Corporation (Hillsborough County, FL). Defense verdict in premises liability case where Plaintiff alleged injuries after falling over a crate while being chased at Howl O' Scream event.
  • Spain, et al. v. Conex International Corporation, et al., ( Tuscaloosa County, AL).   Plaintiffs were horribly burned by a large explosion at a Tuscaloosa refinery. Prior to trial, a confidential settlement was entered into with one plaintiff. A one week trial involving extensive scientific evidence resulted in a defense verdict against the remaining two plaintiffs.
  • Roberts v. TDT, Inc. (Marion County, FL). Successful resolution of case after four days of trial in trucking accident, including a judgment for the defendants’ fees and costs.
  • Leahu v. Greyhound (Orange County, FL.) Summary judgment entered in favor of defendant in breach of contract and intentional infliction of emotional distress claims brought by bus passenger which was affirmed on appeal.
  • Minich v. Stonecrest Property Association, Inc. and Donald Richie (Marion County, FL) Involved an altercation that turned physical at the entrance to a gated community in Summerville, Florida, On the eve of trial, Plaintiff voluntarily dismissed the case when RKC attorneys successfully opposed a continuance. After Plaintiff re-filed a new lawsuit, RKC obtained a summary judgment for all defendants.
  • USAA v. Toyota Motor Sales, U.S.A. (Orange County, FL). After an early morning fire destroyed a vehicle parked at the owner’s residence, his auto insurer sued the vehicle distributor seeking reimbursement of the insurance money paid to compensate the owner for the loss. Following an aggressive investigation of the fire and targeted discovery efforts against the insurance company, Plaintiff was forced to voluntarily dismiss the case to avoid RKC proceeding to trial and obtaining a defense victory with an accompanying award of fees and costs. 
  • Rizzotto v. J & J Baker Enterprises (Martin County, FL). Successful resolution of case after three days of trial in trucking accident.
  • Redinger v. Alvey Systems (Orange County, FL). Defense verdict for conveyor manufacturer in case involving serious arm injury to a warehouse employee.
  • Jones, et al. v. Edge Products, (Clarke County, AL).   Case involving a horsepower enhancement product and the two plaintiffs driving at an extremely high rate of speed in their pickup truck prior to leaving the road and impacting a tree several feet above the ground. Significant scientific evidence was gathered which resulted in a favorable settlement between the parties prior to trial.
  • Hall v. Kmart Corp., (M.D. FL). Summary judgment for Defendant against Plaintiff's claims of strict liability, negligence, res ipsa loquitur and negligent failure to warn. Plaintiff claimed injuries when she sat on a garden bistro chair on Defendant's property and the chair collapsed.



© Rumberger Kirk & Caldwell Attorneys At Law Web site hosted on the FirmWise platform