Some of Our Successes

The following is a partial list of the verdicts and settlements in some of the cases that we have handled:

$60,000,000 - Sexual Abuse Victim
When a family discovered their 6 year old daughter was being routinely sexually molested at the day care center while both parents worked, they turned to Philip Gerson for help. On investigation it was discovered that the condominium association which recommended the Day Care Center had complaints from State investigators concerning possible sexual abuse and didn't cooperate or tell parents what they knew. A lawsuit was brought against the condominium association that lead to a settlement which will pay out almost $60 million in benefits over the lifetime of the child.

$37,500,000 - Tobacco Products Liability
Twenty years after he quit smoking our 77-year-old client developed cancer of the tongue and bladder. The three tobacco companies that made and sold the cigarettes he smoked for 30 years denied their defective products were the cause. The $37,500,000 jury verdict is the largest amount ever awarded a smoker for compensatory damages.

Confidential Seven Figure Settlement - Inadequate Security / Spinal Cord Injury
Our client was a customer in the parking lot of a shopping center when he was robbed and shot by armed robbers. He sustained a gun shot and spinal cord injury leaving him paralyzed. We sued the property owner and business operator for negligent and inadequate security on the premises. A confidential settlement just of just less under 10 million dollars was reached prior to trial.

$12,500,000 - Wrongful Death Tobacco Products Liability Verdict

After a 3 week trial, a Miami jury awarded the estate and survivors 12.5 million for claims that the tobacco companies were liable based on strict product liability.

$10,000,000 - Wrongful Death Verdict

After a three day jury trial tried by firm partner Nicholas I. Gerson and Associate David Markell, a Naples jury awarded our clients' 10 million dollars for the senseless shooting of their son who died from his injuries.

$900,000 - Negligent / Inadequate Security
Our client was a hard working store employee when two armed robbers entered the store and shot our client multiple times causing permanent injuries. A lawsuit was initiated and legal claims were filed against the property owner and management company for negligent operation and inadequate security. Through the efforts of our team and attorney Nicholas I. Gerson a settlement was reached.

$2,800,000 - Dram Shop Verdict / Negligent Security Liability
Out firm recognized that this was not just another case involving a serious injury resulting from automobile accident with an underinsured driver. On her way home at 5 a.m., an intoxicated dancer crashed into our innocent client causing serious injuries. After a one-week trial a jury awarded our client, injured in a car accident, $2.8 million dollars. The jury found that a well-known popular strip club knew that one of its dancers was a habitual alcoholic yet served her alcohol to promote sales of alcohol to customers. The club's business model encouraged dancers to drink all night, so as to encourage patrons to spend more money. Our attorneys argued that the club knew this particular dancer was too drunk to drive but it didn't intervene to protect the public. The result was predictable, preventable, and tragic. The jury awarded 2.8 million for compensatory damages.

$2,500,000 - Truck - Motorcycle Accident
Four surviving children of a Reggae musician, killed on a motorcycle by a truck making an illegal lane change, came to Philip Gerson for help. After a long trial, the children shared a $2.5 million settlement which will payout $30-$40 million over their lifetimes.

$2,400,000 - Traumatic Brain Injury / Truck and Motorcycle Accident
A German national who now suffers visual disturbances due to a brain injury arising from a truck-and-motorcycle collision. Through our team of accident reconstruction experts, we were able show obvious negligence on behalf the truck driver. There was no reasonable settlement offer to our client. The result was a $2.4 million award.

$2,180,000 - Dram Shop / Negligent Security Verdict
Our client was waiting to be picked up from the parking lot of a nightclub in Fort Myers when he was assaulted by a 19 year old patron who had been served alcoholic beverages inside. The client sustained a brain injury with permanent short term memory and partial hearing losses. After a jury trial tried by associate David Markel, the jury returned a verdict of $2,180,000, finding that the nightclub was negligent in its adoption and implementation of security and alcohol policies, allowing the underage assailant who frequented the club to be served alcoholic beverages.

$2,100,000 - DUI Car Accident / Brain Injury
A midnight jogger was struck at the shoulder of the road by an intoxicated driver causing mild brain injury. Accident reconstruction, human factors, toxicology, vocational, rehabilitation/life care planner, and economist experts were all brought together to form the trial case.

$2,200,000 - Car Accident
When a secretary, on an errand for her boss, was struck at extremely high speed by a fleeing car thief being chased by police, her neck was broken requiring several surgeries to stabilize her spine. After four law firms turned down her case, Philip Gerson investigated and discovered that the keys had carelessly been left in the car at the automobile dealership where it was stolen. Ultimately, the woman received a $2.2 million settlement from the car dealer.

$2,000,000 - Premises Liability / Inadequate Security
A man came out of a restaurant at a shopping center and while talking on his cell phone was shot in the back by a robber. The paraplegic man came to Philip Gerson for help. An investigation showed a history of similar crimes on the property and an absentee owner and a professional management company that wasn't doing its job. $2 million was recovered for the victim from the owner and the management company.

$1,750,000 - Premises Liability / Inadequate Security
Our client was a mentally ill patient who sought treatment at North Shore Hospital. One evening she was raped by another patient in the behavioral unit. The defendant claimed the incident never occurred and argued at trial any sexual contact that did occur was consensual. Philip M. Gerson, Nicholas I. Gerson and Edward S. Schwartz tried the case. After a 6 day jury trial a Miami Dade County jury returned a verdict for $1,750,000.

Confidential Settlement - Wrongful Death / Railroad Accident
In the 1970's a well-known railroad crossing had automatic gates installed at the request of the DOT. For unknown reasons they were removed. Since then, more than a dozen accidents -- including a double fatality -- were not enough to spur a local railroad to re-install crossing gates at Lejeune Road near the Miami airport. Our client's vehicle was T-boned by the locomotive. After our client was injured and her husband was killed at the unguarded crossing, we sued the railroad company asking for punitive damages. Over the course of nearly 6 years of litigation, including dozens of depositions, a paper trail of documents that knitted together like a jigsaw puzzle, which revealed an indefensible 7-year delay in installing the gates. Resisting its responsibility, the railroad even retained a former NASA astronaut to bolster its excuses for the long delays. With the assistance of an airport lighting expert and a railroad crossing accident reconstruction expert we showed that crossing gates were no obstruction to airline traffic, which was the primary defense. After orders from the trial court to permit pleading for punitive damages and a jury view at the crossing at nighttime, a confidential settlement was obtained shortly before trial.

$1,700,000 - Wrongful Death / Inadequate Security
Our client was a well known local high school football star. Over a memorial day weekend he went to a Miami night club and was stabbed in the club. In this wrongful death case claims were filed on behalf of the minor child and family. Several other law firms turned down the case. Claims were filed against the property owner, club operator, and security company for negligently securing the premises. The criminals were never apprehended. Attorney Nicholas I. Gerson tried the case and obtained a jury verdict of 1.7 million. Part of the proceeds were placed in the Florida pre-paid college trust fund.

$1,250,000 - Wrongful Death
A Dominican teenage tourist was killed by gunshot to the head when caught in the crossfire between an armed robber and security at a flea market. Award for wrongful death.

$1,200,000 - Wrongful Death / Inadequate Security
A fifteen year old boy who attended school, helped run his father's farm, and took care of his younger brothers and sisters was shot and killed at a flea market. Despite a substantial history of prior crimes, the flea market owners did not hire a professional security company. Instead, they employed their own untrained, unlicensed personnel who chased a thief in an exchange of gun fire. The boy's father hired Philip Gerson and recovered $1.2 million for his son's death.

$1,000,000 - Wrongful Death / Inadequate Security
Our client was a a patron at a convenient store and was shot and killed. The criminals were never apprehended. Policy limits of 1mm were recovered.

$1,000,000 - Wrongful Death / Work Accident
The family of an untrained, unskilled electrical subcontractor helper received a $1 million settlement after his electrocution at a Florida Power & Light sub-station, despite numerous written agreements saying that the utility would not be responsible for injury or death.

$1,000,000 - Medical Malpractice
After emergency caesarean section, our high risk pregnancy client languished in the hospital. Ten days later she was dead. Autopsy showed surgical sponges left in the surgery site. Tort reform damages caps limited the recovery of two surviving children.

Confidential settlement - Motorcycle Accident
Settlement for motorcycle accident victim

Confidential settlement - Cruise Ship Rape / Sexual Assault
High Six Figure settlement for cruise ship passenger raped by passengers on a cruise ship based out of Miami.

$925,000 - Sexual Abuse Victim
A six-year-old was molested by a babysitter, who was employed by a babysitting service authorized by a real estate developer. The developer then tried to cover up molestation of other children. Award for future psychological injuries.

$900,000 - Car Accident / Insurance Claim
A neurosurgeon crossing the street was run down by a hit and run driver. Unable to practice medicine any longer, he turned to Philip Gerson for help. A $900,000 settlement was obtained from the doctor's insurance company.

$900,0000 Negligent / Inadequate Security / Premises Liability
Our client was a store clerk in a Miami convenient store. In the early morning hours he was shot 14 times by armed robbers. He sustained significant injuries. After careful investigation, our lawyers discovered that the property management company hired by absentee landlords were negligent in their management, care and operations of the premises. A 900,0000 settlement was reached at mediation.

$800,000 - ATV Accident
Husband and wife attending the 50th annual Wild Hog Barbeque at Monroe Station severely fractured their legs when the wife of a sponsor’s official lost control of an ATV being operated in violation of many organization rules.

$800,000 - Workplace Accident

$700,000 - Slip and Fall Accident

$650,0000 - Truck Accident

$750,000 Slip and Fall Accident

$500,000 Slip and Fall Accident

$500,0000 Crime Victim/Negligent Security

$700,000 Our client was a cruise ship passenger who slipped and fell on a Norwegian Cruise Lines cruise ship vessel Getaway. After a 4 day jury trial, a federal jury awarded her seven hundred thousand dollars for her injuries.

$750,000 - Inadequate Security / Brain Injury
A plaintiff was injured in a drive-by shooting at a bar/package store parking lot. Award for brain injury.

$600,000 - Emergency Room Medical Malpractice
A woman with facial paralysis went to the Emergency Room. The doctors didn't protect her eye from dryness. As a result, she lost vision in her eye and was left with a cosmetic deformity. After years of hard fought litigation, Philip Gerson won a $600,000 settlement for the injuries.

$518,000 - Inadequate Security / Brain Injury
During a bar fight, an ejected bar patron was hit with a tire iron in a parking lot, sustaining a mild brain injury. Award against shopping center owner.

$510,000 - Inadequate Security
Patron at well known restaurant chain is assaulted and resulting in permanent hearing loss. Both the mall and restaurant agreed to settle for a combined total of $510,0000 just before trial.

$500,000 - Cruise Ship Rape

Our firm recovered five hundred thousand dollars for our client who was the victim of a rape against a well known cruise line.

Confidential Mid Six Figure Settlement - Slip and Fall Accident
Our client was a resident of a residential condominium. Even without being able to prove any prior accidents on the premises, Nicholas I. Gerson succeeded in obtaining a significant settlement based on a negligent mode of operation theory. Through a comparison of other residential properties showed that floor mats used on site were the wrong size and type. By establishing that the condominium management company also did not have any policies and procedures to address the problem and quick thinking to obtain surveillance video offered was compelling evidence and a significant settlement was reached prior to trial.

Confidential Settlement - Gangway Slip and Fall Accident / Total Knee Replacement
Many cruise passengers are elderly and in less than perfect health. So disembarking a ship via a port or ship gangway can present dangers to many, especially when it is raining. Our client was descending a gangway that was dangerous when it was wet. By using coefficient-of-friction testing and expert analysis of surface design a mid-six figure settlement for a confidential sum was obtained.

$400,000 - Premises Liability
A purse-snatch victim suffered a fractured hip and back sprain at a mall. Award against shopping mall cafeteria.

$350,000 - Cruise Ship Slip and Fall
Our client was a passenger on a cruise ship that had just returned back to port. As she was walking through the spa area she slipped and fell on the floor sustaining a serious wrist injury requiring surgery. A nominal pre-settlement offer was made at mediation. Surveillance video showed cleaning personnel working in the general area and that warning signs were posted in the area. However, the cones failed to mark off the area where our client was injured. A settlement was reached for 350,000.00.

$340,000 - Cruise Ship Slip and Fall
Our client was a passenger on a well known cruise ship. She slipped and fell on the the floor of a pool deck sustaining orthopedic injuries requiring surgical repair to her arm. A lawsuit was filed. After investigation and depositions of investigating cruise ship employees a settlement was reached between the parties.

$325,000 - Cruise Ship Slip and Fall
Our client was a passenger who slip and fell in a high traffic area on a Defendant’s cruise ship. After numerous discovery hearings and a sanctions order by the trial judge against cruise line for discovery misconduct the case settled the day before trial.

$300,000 - Inadequate Security / Sexual Assault Victim
A mentally retarded woman was raped in an apartment building by neighbors who had intimidated other tenants in the past. Award for negligent security.

$300,000 - Product Liability
On Christmas ever our client was placing a beer bottle into a cooler filled with ice when it suddenly exploded causing serious injuries. Our firm sued for strict product liability and negligence. After a 5 day jury trial in federal court a jury awarded 301,0000.00 to the Plaintiff.

$250,000 - Rear End Collision
Policy limits recover for our client who was involved in a reat end collision. After suit was filed, the under insured motorist carrier paid the remaining policy limits coverage available.

$250,000 - Negligent Architectural Design / Sexual Assault Victim
A victim recovered damages against the U.S. Post Office due to a sexual assault. Award for negligent architectural design.

$250,000 - Cruise Ship Slip and Fall
Our client was passenger on a cruise ship. Through no fault of her own, she slipped and fell in a high traffic area on the ship fracturing her wrist. A settlement was reached with the cruise line operator prior to trial.

$200,000 - Cruise Ship Accident
Our client was a passenger on a well known cruise line. While in port she proceeded down the the gangway was opened. The gangway had been wet from rainfall. Our client slipped and fell injuring her knee injury and required a total knee replacement. Over 2 years of litigation we were able to demonstrate that the cruise line failed to maintain the gangway in a reasonably safe condition. A confidential settlement was reached just prior to trial.

$200,000 - Sexual Assault Victim
A housekeeper for Metro Mover was sexually assaulted in an elevator at the station. Award for post traumatic stress disorder.

$175,000 - Premises Liability
A shopper was assaulted by purse-snatching robbers at a shopping mall. Award for sustaining knee injury.

$140,000 - Cruise Ship Slip and Fall
Recovery for cruise ship and slip and fall on the restaurant floor of cruise ship. After a showing a numerous prior slip and falls in the general area a settlement was reached with the cruise line.

$100,000 - Sexual Assault Victim
A public school student was molested by a teacher. Award for negligent supervision.

Confidential Mid Six Figure Settlement - Slip and Fall Accident
Our client was a resident of a residential condominium. Even without being able to prove any prior accidents on the premises, Nicholas I. Gerson succeeded in obtaining a significant settlement based on a negligent mode of operation theory. Through a comparison of other residential properties showed that floor mats used on site were the wrong size and type. By establishing that the condominium management company also did not have any policies and procedures to address the problem and quick thinking to obtain surveillance video offered was compelling evidence and a significant settlement was reached prior to trial.

Confidential Settlement - Wrongful Death / Railroad Accident
In the 1970's a well-known railroad crossing had automatic gates installed at the request of the DOT. For unknown reasons they were removed. Since then, more than a dozen accidents -- including a double fatality -- were not enough to spur a local railroad to re-install crossing gates at Lejeune Road near the Miami airport. Our client's vehicle was T-boned by the locomotive. After our client was injured and her husband was killed at the unguarded crossing, we sued the railroad company asking for punitive damages. Over the course of nearly 6 years of litigation, including dozens of depositions, a paper trail of documents that knitted together like a jigsaw puzzle, which revealed an indefensible 7-year delay in installing the gates. Resisting its responsibility, the railroad even retained a former NASA astronaut to bolster its excuses for the long delays. With the assistance of an airport lighting expert and a railroad crossing accident reconstruction expert we showed that crossing gates were no obstruction to airline traffic, which was the primary defense. After orders from the trial court to permit pleading for punitive damages and a jury view at the crossing at nighttime, a confidential settlement was obtained shortly before trial.

These are only highlights of a few results obtained. These do not represent all outcomes of our many cases over 50 years. A prospective client's facts and circumstances may differ from the matters described above.

Gerson & Schwartz, P.A. represents personal injury and wrongful death victims and their families throughout South Florida in communities of Miami Dade County, Broward County, Palm Beach County, and Monroe County, including Ft. Lauderdale, Plantation, Weston, Pembroke Pines, Coral Springs, Coral Gables, Miramar, Miami Beach, North Miami Beach, Aventura, Key West, Key Largo, Marathon, Plantation, Weston, Pembroke Pines, Coral Springs, West Palm Beach, Boca Raton and Jupiter. We also handle cases statewide, including Orange County and the Tampa Bay Area. We also handle cruise ship accident claims for any cruise passenger who is hurt, injured or loses a loved one worldwide, who, under their contract for passage (ticket) are required to bring their claim in Miami Florida.

For a free consultation or to set up an appointment with our Miami, Florida law offices, please contact us online, by calling (877) 475-2905 or (305) 371-6000 or you can email us directly at info@gslawusa.com.

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