Success Stories

The Plaintiff, a 20-year old man who attended a mud-bogging and monster truck event, claimed he sustained permanent injuries after falling off an ATV onto his head on a hard-packed dirt road. The accident occurred on an ATV track on the property, when the driver of the ATV in which Plaintiff was riding, made a hard turn to avoid colliding with a second ATV that was quickly approaching from the opposite direction. Plaintiff fractured his skull as a result of the fall and had to be air-lifted to the hospital, where blood alcohol tests revealed that he was also heavily intoxicated.

Mr. Kaddouri’s client was the owner of the property and the promotor of the mud-bog event.

Plaintiff initially sued for negligence, alleging that the event was over-crowded and chaotic, and that there was insufficient on-site traffic control, and that additional alleged code violations also created the con¬ditions that resulted in his accident. Although Plaintiff contended that he had not signed the written liability waiver that all attendees were required to execute to gain entry to the event, Mr. Kaddouri successfully obtained summary judgment against the Plaintiff on that issue. The case continued to be litigated for several months as the parties prepared for trial and attended two more rounds of court-ordered mediation.

During the mediation process Plaintiff initially demanded $5,000,000, which he lowered to $500,000, by the time of the second mediation. After a third unsuccessful mediation, the trial court granted a series of mo¬tions in limine filed by Mr. Kaddouri that severely restricted the evidence that Plaintiff had planned to present at trial. The case was subsequently resolved for $20,000.

Plaintiffs, the Renna family, claimed that they had sustained serious injuries as a result of their van being rear-ended by a vehicle driven by Deem, LLC employee, Robert Simmons, at an intersection on U.S. Highway 19 in Pasco County. Plaintiffs claimed that their van came to a sudden and unexpected stop due to alleged mechan¬ical failure, after the traffic light turned green and the van had started accelerating and that all three of them had removed their seatbelts prior to the collision, while waiting for a tow truck.

Thamir Kaddouri, Jr. represented Deem, LLC, and Robert Simmons

Plaintiffs claimed medical damages in excess of $856,000 following a low-speed, rear-end automobile accident that occurred after their van was stopped due to claimed mechanical failure. During cross-examination, Mr. Kaddouri adduced evidence that the van had stopped because it ran out of gas and that all three of the Plaintiffs were aware of this. Moreover, the Plaintiffs had not attempted to move the van, and none of them had sought assistance from a gas station at the intersection where the accident occurred. The Jury found that Deem, LLC and Mr. Simmons were not liable for the accident and rendered a defense verdict.

The Plaintiff, a former university student, claimed he had sustained permanent injuries as a result of being stricken by a truck while Plaintiff was riding his bicycle across a cross-walk on campus, in front of a line of cars stopped at a stop-light. The collision occurred when an LEI employee pulled out from behind several cars that were stopped for a traffic light, and ran into the Plaintiff who was crossing the road. Plaintiff claimed permanent injuries because the force of the impact threw him from his bicycle into the air, after which he hit his head on the employee’s truck and fell onto the road surface near the crosswalk, and had to be air-lifted to the hospital.

Thamir A.R. Kaddouri, Jr., represented Defendant, LEI Construction, Inc.

Plaintiff initially sued LEI Construction, Inc., for negligent hiring, negligent retention, and vicarious liability. Plaintiff dismissed his claims for negligent hiring and negligent retention immediately prior to trial. After one and half hours of deliberations, the jury specifically found that LEI Construction’s employee had not been acting in the course and scope of employment at the time of the accident, and it rendered a defense verdict in favor of LEI Construction.

Plaintiff was the former owner of a luxury penthouse condominium located in St. Petersburg, Florida. Plaintiff alleged claims against the General Contractor for negligence, breach of statutory warranty, building code violations, negligence per se (for violating Florida Statute §553.84), and failure to warn. The Plaintiff also contended that ongoing water intrusion led to the presence of moisture and a significant amount of harmful and dangerous microbial growth in his condo which resulted in personal injury.

Thamir Kaddouri, Jr. represented Irwin Contracting, Inc., who was the General Contractor for the project.

Plaintiff’s demand, both prior to and during trial, exceeded two million dollars. The case was tried to Verdict. The Jury returned a verdict with total damages of $122,800, of which $61,400 was against the General Contractor. After the trial court’s application of the setoff statutes, the amount of the verdict was reduced to $0, and a Final Judgment was entered in the General Contractor’s favor.

Plaintiff subsequently appealed the Final Judgment to the Second District Court of Appeal. Among the twelve issues cited in the Plaintiff’s appellate brief were alleged evidentiary errors and an allegedly incorrect application of the setoff statutes, resulting in an unfairly low judgment. Following the parties’ briefing of these and other issues cited by the Plaintiff, and oral arguments by both parties, the appellate court upheld the trial court’s Final Judgment in the General Contractor’s favor in a one-page written opinion. On November 7, 2013, the Second District Court of Appeal summarily denied the Plaintiff’s motion seeking reconsideration of the appeal.

The Plaintiff filed suit alleging that our client, BCW Diversified, Inc., owed outstanding payments for products pursuant to an agreement they had entered into. We filed a motion to dismiss for lack of prosecution and set the matter for hearing.

Plaintiff ultimately voluntarily dismissed the action against our client

Plaintiffs filed suit for negligence and loss of consortium as a result of a garage door allegedly coming off its track and striking one of the Plaintiffs.

Thamir Kaddouri, Jr. represented the commercial company that performed the garage door installation

Plaintiff alleged he lost consciousness for 10-20 minutes and was transported to the hospital with a large laceration to his forehead. As a result of the accident, Plaintiff alleged he experienced severe headaches, a throbbing sensation, dizziness, and blurred vision on a daily basis.

Plaintiffs demanded $378,000.00, which comprised of $100,000.00 for past pain and suffering, $250,000.00 for future pain and suffering, $25,000.00 for loss of consortium, and the balance for some unidentified damages. Mediation was unsuccessful in resolving the case as Plaintiffs’ demand varied only slightly from their initial demand. Based upon Plaintiffs' settlement values, we advised that we would be noticing the matter for trial.

Shortly thereafter, the case was resolved for $26,000

The Plaintiff alleged that in April of 2002 she sustained injuries when her motor vehicle ran into two cows that were in the road in Mulberry, Florida. She claimed to have sustained C3-4, C5-6, C6-7 disc herniation with stenosis and impingement, disc bulging at T7-8 and T8-9; disc bulging at L2-3, L3-4 and L4-5; chronic cervical, thoracic, and lumbosacral strain; chronic insomnia secondary to chronic pain syndrome; and chronic pain syndrome from the accident. In addition, she alleged past wage loss claims of more than $196,231, and future lost wages, assuming she retired at age 68, of approximately $63,075.00.

Thamir Kaddouri, Jr. represented one of Defendants in this multi-party action who was responsible for various duties on the 15,000-acre property. We were able to establish through a complicated series of discovery depositions who, when and where the events would have likely had to have occurred in order for the cows to be released and ultimately cause the accident. We were able to establish an intervening cause despite the fact that our client was working on the land, and in the area where the cattle could have had access, but was not the direct cause of the accident.

We were able to settle this case for a very nominal amount and avoid a lengthy multi-party litigation which would have been very costly for the client and the insurance carrier.

Case involved a breach of contract and lien foreclosure action by a contractor alleging $103,000 in damages plus claims for attorneys’ fees.

Thamir Kaddouri, Jr. represented the owner who originally engaged the contractor to develop a piece of property, including the construction of a commercial multi-unit structure, for a contract amount exceeding $500,000.00. A counterclaim was filed on behalf of the owner alleging defects in work and non-compliance with contract terms.

This case was successfully concluded prior to trial at mediation for $25,000

The personal representative of an Estate brought a wrongful death action pursuant to the Intentional Tort Exception to Florida’s Workers’ Compensation Act 440.11 as a result of a construction accident involving fatal injuries to her 19-year-old son who was working at a construction site in December of 2005. There were allegations of violations of OSHA safety regulations, that the operator of the construction equipment involved in the accident was a known drug user, and that there were modifications made to the construction equipment that exposed the decedent to extremely high and abnormally hazardous working conditions.

Thamir Kaddouri, Jr. represented the contractor for the project

Plaintiff demanded the policy limits for her claim and relied in part on a lost wage claim in excess of $321,218. After a thorough discovery process, we were able to establish the necessary factual elements for filing a motion for summary judgment. This case was ultimately resolved for $20,000.00.

The Plaintiffs brought a wrongful death action against multiple Defendants as a result of their father’s death when a large lawn mower he was operating rolled over and crushed his chest.

Voluntarily dismissed by Plaintiffs

Thamir Kaddouri, Jr. represented the Plaintiff, Brandes Design-Build, Inc., by filing a two-count Complaint alleging breach of contract and unjust enrichment against the City of Polk City for approximately $232,000.00.

Plaintiff obtained a cash settlement payment from the City of Polk City as to the outstanding balance on the contract terms. Significantly, in this case, the City of Polk City contended our client breached its contractual obligations and was subject to liquidated damages. Ultimately, we disproved the City’s contention, established a clear construction timeline, and provided affirmative evidence that the City was in default under the contract terms. The settlement in this matter also included a requirement that representatives of the City of Polk City, at their next formal Board Meeting, enter into the record a correction as to prior misstatements and confirming that our client performed properly under the contract terms and was not subject to liquated damaged.

Multiparty Complaint alleging negligence, breach of contract and breach of express warranty

Thamir Kaddouri Jr. represented Waterworks of Tampa Bay, LLC

The case was dismissed as to our client.

The Plaintiff filed a negligence claim against the driver and a vicarious liability claim against his employer as a result of a rear-end collision with the Plaintiff in February of 2005.

Thamir Kaddouri, Jr. represented the driver and his employer.

Plaintiff was transported from the scene of the accident and underwent four separate surgeries over a period of three years to address injuries incurred in the accident. In addition, Plaintiff alleged that the surgeries resulted in an ongoing and unresolved infection in his back which required periodic medical procedures to drain the buildup in his back. The Florida Highway Patrol cited the driver at the scene and determined that he was responsible for the accident.

Total amount of paid medical expenses for the Plaintiff was $226,865.00. The Plaintiff was unable to return to work. The Plaintiff demanded $2,000,000.00 to settle his claim.

As a result of aggressive defense efforts, this firm was able to locate out-of-state witnesses and develop testimony which could adversely affect Plaintiff’s claims at trial. This case was successfully concluded at mediation for $850,000, well below the policy limits demand.

Estate filed suit against three defendants alleging the wrongful death of a 20-year-old male as a result of an accident that occurred in Ruskin at a condominium complex.

Thamir Kaddouri, Jr. represented the general contractor who was responsible for the construction at the condominium complex.

The decedent was not an “authorized employee” for a sub-subcontractor and was doing work on the roof in the rain. At some point, the decedent attempted to walk across the roof, slipped off the three-story structure, and struck the ground. His death was the result of a number of factors, including lack of proper training and lack of proper safety equipment, including required tie-offs. Mr. Kaddouri was able to successfully develop a mechanism through the litigation in this case, which shifted liability to the subcontractor who was responsible for supervising the sub-subcontractor who had retained the decedent. In addition, Mr. Kaddouri elected to raise contractual issues between the subcontractor and the general contractor that essentially exposed the subcontractor to potential damages in the event the general contractor was found responsible in this case. Moreover, Mr. Kaddouri retained experts who opined as to issues relating to the lack of safety gear and a clear picture of the decedent’s comparative negligence.

Plaintiffs served a proposal for settlement in the amount of $1 million, and the claims against our client were settled for under $60,000.00.