Results

results Some of Mr. Jowanna’s results, representing both Plaintiffs and Defendants, are as follows:

Mr. Jowanna’s Representation of Plaintiffs

$15,000,000.00 (estimated class damages and payments). Mr. Jowanna filed a class action lawsuit on behalf of the purchasers of nearly 2,000 homes built and sold by a national home builder. Mr. Jowanna argued that the termite soil treatments were not properly performed on the class members’ homes and that, therefore, the building code was violated and implied warranties were breached. Mr. Jowanna was able to recover and obtain termite treatments; damage repairs; warranties against future termite damage; and monetary reimbursements for all class members. After notice to the class members was performed, not a single objection was filed in response to the recovery Mr. Jowanna obtained.

$2,250,000.00. The Plaintiff attempted to make a lift with a crane when the crane then tipped over and fell off a bridge and into the water of Tampa Bay. The Plaintiff’s right leg was crushed between the crane and a bridge guardrail before the Plaintiff fell into the water. The Plaintiff’s right leg was later amputated just below the knee. The Defendant denied that it even owned the crane. Mr. Jowanna argued that the Defendant was negligent because it provided the crane, in a defective condition, regardless of ownership.

$2,100,000.00. The spouse of the Plaintiff suffered chest pains, was taken to a hospital and later died by suffocation. Mr. Jowanna argued that the Defendant committed medical malpractice by improperly intubating the patient, which was the direct cause of death.

$530,000.00. The Plaintiff, was walking up his own driveway and walkway that led to his front door. The Plaintiff’s foot came into contact with a sprinkler pipe causing the Plaintiff to fall and strike his head on a concrete wall. The impact caused spinal cord trauma and, soon thereafter, a multi-level surgical fusion was performed. Mr. Jowanna filed suit against the general contractor and the irrigation contractor for the Plaintiff’s home. The Defendants asserted that the sprinkler at issue was not a dangerous condition; was open and obvious; and that the Plaintiff’s cause of action was barred by the Slavin Doctrine. Mr. Jowanna argued that the Defendants were negligent because the sprinkler at issue was the wrong type of sprinkler and it was placed in the wrong location. It was further asserted that the use of the particular sprinkler violated the Pasco County Land Use Code because the area at issue required micro-irrigation and the sprinkler used was not specifically designed for micro-irrigation applications.

$500,000.00. Mr. Jowanna represented an NFL player who received a significant knee injury after intercepting a pass and being tackled during a game. The player had purchased a disability insurance policy from Lloyd’s of London. However, Lloyd’s denied the player’s disability claim. It was Lloyd’s position that the player could still obtain other employment. Mr. Jowanna’s position was that there was only one National Football League and that, because of the knee injury, his client could no longer perform to the physical level required to return to an NFL roster. Mr. Jowanna was successful in obtaining the full and complete policy limits for his client.

$410,000.00. The Plaintiff was a truck driver and was driving his rig when his semi-tractor and trailer were struck by another big rig. The impact caused both trucks to leave the road and also caused the Plaintiff’s truck to jackknife. As a result of the collision, the Plaintiff suffered from low back pain and was, therefore, unable to return to work as a truck driver. Mr. Jowanna filed suit against the Defendant truck driver and the trucking company that employed the driver. Mr. Jowanna argued that the Defendants were negligent in violating several provisions of the Federal Motor Carrier Safety Regulations, which are safety rules that apply to trucking companies and to truck drivers.

$325,000.00. The Plaintiff was driving his pickup truck and trailer on an interstate highway when another vehicle forced him off the road, causing his truck to flip and roll into a patch of trees. The Plaintiff was trapped in his truck and had to be cut-out by rescuers. As a result, the Plaintiff suffered a back injury. After Mr. Jowanna filed suit, the Defendant asserted that speed was not a reason or cause of the accident. Mr. Jowanna was able to establish that the Defendant’s excessive speed caused him to lose control of his vehicle and that the Defendant’s negligence was the exclusive cause of the accident.

$320,000.00. The Plaintiff was traveling on an interstate highway when the Plaintiff’s van was struck by the Defendant’s vehicle causing a roll-over crash. The Plaintiff suffered a lower back injury requiring a lumbar fusion. Mr, Jowanna argued that the Defendant was clearly negligent in operating a motor vehicle and the Plaintiff’s injuries were a direct result of the motor vehicle accident.

$225,000.00. The Plaintiff was involved in a motor vehicle accident for which the other driver had no liability insurance. The Plaintiff had cervical surgery and Mr. Jowanna filed suit against the Plaintiff’s uninsured motorist coverage insurance carrier. Mr. Jowanna argued that the uninsured driver was negligent and, therefore, the uninsured motorist coverage insurance carrier was responsible for the Plaintiff’s injuries and damages.

$185,000.00. The Plaintiff’s father had purchased a life insurance policy naming the Plaintiff as the sole beneficiary. The Plaintiff’s father had a history of seizures and, therefore, death as a result of seizure or a seizure related accident was excluded from the life insurance coverage. The Plaintiff’s father subsequently struck his head on a bathroom sink and died. The Plaintiff applied for the life insurance benefits and the claim was denied. Mr. Jowanna sued the the life insurance company and argued that the life insurance company could not prove how or why the Plaintiff’s father fell and, therefore, the claim was improperly denied.

$150,000.00. The Plaintiff was enjoying the common area of the apartment complex where the Plaintiff lived. While enjoying the waterfront view of the property, the retaining wall the Plaintiff was standing on crumbled and the Plaintiff fell onto the rocks below. As a result of the fall, the Plaintiff suffered a shoulder injury requiring surgery. Mr. Jowanna argued that the owner of the apartment complex was responsible because the retaining wall was improperly designed, constructed and maintained.

$100,000.00. The Plaintiff was attempting to stop her boyfriend from driving while intoxicated. In doing so, the Plaintiff held on to the outside of a moving vehicle until she was thrown from the vehicle and onto the street. As a result, the Plaintiff suffered multiple cuts and lacerations. Mr. Jowanna argued that the driver was grossly negligent and subject to both compensatory and punitive damages.

$100,000.00. The Plaintiff hired a medical transport company to drive him, in his wheelchair, to a medical appointment. As the transport van traveled up the on-ramp to the interstate, the Plaintiff’s wheelchair rolled backwards and tipped-over onto the van floor. As a result, the Plaintiff suffered an eye injury. While the transport company tried to blame the Plaintiff, and the brakes on his wheelchair, Mr. Jowanna was able to establish that the van driver did not properly secure the Plaintiff or his wheelchair.

Mr. Jowanna’s Representation of Defendants

Defense Verdict. The claimant alleged that a valet employed by Mr. Jowanna’s client, the Defendant, was running through a parking garage when the valet struck the claimant on her left side. The claimant contended that the incident was entirely the fault of Mr. Jowanna’s client. On behalf of the Defendant, Mr. Jowanna argued that the incident was the claimant’s own fault for stepping in front of the running valet and that such a minor impact, which did not even knock-down the claimant, was not the cause of the her claimed injury of cubital tunnel syndrome of the left elbow requiring surgery. After the jury deliberated for only an hour and a half, Mr. Jowanna was successful in obtaining a complete defense verdict for his client.

Defense Verdict. The claimant alleged that she was at an outside entrance of a shopping mall when she tripped on an expansion joint between two (2) concrete slabs. The claimant contended that the expansion joint was not properly maintained and, therefore, was a latent and dangerous condition. Mr. Jowanna, for the Defendant mall, maintained that there was nothing wrong with the expansion joint; that the expansion joint was supposed to be there in order to allow the concrete slabs to expand and contract with the changes in climate; and, accordingly, no dangerous condition existed. The claimant sought recovery for a closed head injury; severe facial bruising with resulting scar tissue; and aggravation of a degenerative condition at C5-6 resulting in a subsequent surgical fusion and discectomy at C5-6. Mr. Jowanna further argued that the Plaintiff’s spinal surgery was not related to the expansion joint incident; but, was, instead, related to her preexisting condition which was then aggravated by subsequently being thrown from a horse. Mr. Jowanna was successful in obtaining a complete defense verdict for his client, the Defendant shopping mall. After Mr. Jowanna’s closing argument, the jury took only seventeen (17) minutes to make its decision.

Final Judgment Affirmed. The claimant was a security guard for a department store at a shopping mall. The claimant was pursuing a shoplifter when he allegedly called mall security for backup. In alleged violation of store policy, the claimant followed the shoplifter into the mall parking lot. As the claimant chased the shoplifter through the parking lot, the shoplifter’s accomplice ran over the claimant with the getaway car. As a result, the claimant received severe and permanent injuries. The claimant alleged that the Defendant shopping mall was responsible for his injuries because mall security did not respond to his backup call in time to prevent the incident. On behalf of the shopping mall, Mr. Jowanna successfully argued to the trial court that the claimant did not have a recognized legal cause of action under Florida law because the claimant was injured by performing the service he was hired to perform. Mr. Jowanna was successful in obtaining a final judgment in favor of his client, the shopping mall. Mr. Jowanna was also successful in having the final judgment affirmed on appeal.