TAMPALAW's Success Stories
 
Dr. George P. Ciporkin v. Irwin Contracting, Inc., et al. - 2013
Forum:
Pinellas County - Honorable Amy Williams
Claims:
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.
Our Client:
Thamir Kaddouri, Jr. represented Irwin Contracting, Inc., who was the General Contractor for the project.
Outcome:
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.
Bell v. Tampa Electric Company - 2009
Forum:
Hillsborough County
Claims:
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.
Our Client:
TAMPALAW represented Tampa Electric Company.
Outcome:
Voluntarily dismissed by Plaintiffs.
Berco Products, Inc. v. BCW Diversified, Inc. - 2007
Forum:
Sarasota County
Claims:
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.
Outcome:
Plaintiff ultimately voluntarily dismissed the action against our client.
Undisclosed Case - 2006
Forum:
Hillsborough County
Claims:
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.
Our Client:
Thamir Kaddouri, Jr. represented the contractor for the project.
Outcome:
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.
Undisclosed Case - 2007
Forum:
Polk County
Claims:
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.
Our Client:
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.
Outcome:
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.
Undisclosed Case - 2007
Forum:
Hillsborough County
Claims:
Case involved a breach of contract and lien foreclosure action by a contractor alleging $103,000 in damages plus claims for attorneys’ fees.
Our Client:
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.
Outcome:
This case was successfully concluded prior to trial at mediation for $25,000.
Undisclosed Case - 2007
Forum:
Hillsborough County
Claims:
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.
Our Client:
Thamir Kaddouri, Jr. represented the driver and his employer.
Facts:
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.
Damages:
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.
Outcome:
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.
Undisclosed Case - 2008
Forum:
Hillsborough County
Claims:
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.
Our Client:
Thamir Kaddouri, Jr. represented the commercial company that performed the garage door installation.
Facts:
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.
Damages:
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.
Outcome:
Shortly thereafter, the case was resolved for $26,000.
Undisclosed Case - 2004
Forum:
Hillsborough County
Claims:
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.
Our Client:
Thamir Kaddouri, Jr. represented the general contractor who was responsible for the construction at the condominium complex.
Facts:
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.
Outcome:
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.
Brandes Design-Build, Inc. v. City of Polk City
Forum:
Polk County
Our Client:
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.
Outcome:
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.
Undisclosed Matter - 2006
Our Client:
Thamir A.R. Kaddouri, Jr. represented an individual who suffered permanent injuries as a result of a motor vehicle accident.
Outcome:
After an initial settlement demand was issued, and prior to suit being filed, both active parties’ insurance representatives tendered the policy limits.
Amshel v. Waterworks of Tampa Bay, LLC - 2008
Forum:
Hillsborough County
Claims:
Multiparty Complaint alleging negligence, breach of contract and breach of express warranty.
Our Client:
Thamir Kaddouri Jr. represented Waterworks of Tampa Bay, LLC.
Outcome:
The case was dismissed as to our client.