Dell Graham congratulates Carl B. Schwait, recipient of
the Florida Bar President’s Award of Merit
Each year, The Florida Bar President recognizes individuals who have provided distinguished service to the Bar, the legal profession and the justice system. At the recent Florida Bar Convention in Orlando, outgoing Bar President Mayanne Downs gave one of this year’s President’s Award of Merit to Gainesville attorney and Board of Governors member
Carl B. Schwait.
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Dell Graham congratulates our attorneys who have been chosen as 2011 Florida Super Lawyers & Rising Star
Congratulations
No more than 5 percent of the lawyers in the state are selected by Super Lawyers and no more than 2.5 percent of the lawyers in the state are selected to the Rising Star list.
Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
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Click here to view the full page ad from the Gainesville Sun]
Carl B. Schwait Receives the Florida Bar President's Award of Merit
Each year, The Florida Bar president recognizes individuals who have provided
distinguished service to the Bar, the legal profession and the justice system. At the recent Florida
Bar Convention in Orlando, outgoing Bar President Mayanne Downs gave one of this year's President's
Awards of Merit to Dell Graham Managing Partner and Board of Governors member Carl B. Schwait. Mr. Schwait defends clients and entities in
cases involving personal injury and wrongful death. He is board certified by The Florida Bar and the
National Board of Trial Advocacy as an expert in civil trial law. Since 2005, Mr. Schwait has served as the
Eighth Circuit's representative on the Board of Governors. He is also an adjunct professor of law at
the University of Florida Levin College of Law, where he teaches Trial Practice.
During the past year, Mr. Schwait chaired the Bar committee charged with the cumbersome task of
studying and rewriting lawyer advertising rules. The committee had to take into account the
widespread use of the Internet as a medium of marketing and advertising legal services. The
committee also had to balance the interests of protecting the public from misleading advertising and
the right of clients to receive useful information when selecting lawyers with the rights of lawyers to
promote their businesses in a truthful, constitutionally protected manner. "Carl Schwait did not want to chair the Board (of Governors) Review Committee on Professional
Ethics this year," Downs told the General Assembly on June 24. "In fact, when I appointed him to
that position, he was very unhappy ... He asked if he had offended me," she said to laughter. "But
what Carl did not know, and what we knew, is that we were on the verge of probably having to
undertake ... the complex and murky advertising structure and bring this hulking beast into a sleek
new creature of the 21st century. And was he ever up to that task!" President Downs went on to
describe Schwait's enthusiasm and commitment as "so complete that it was inspiring."
The award was signified by a plaque given to Mr. Schwait which reads: "For your dedication, diligence and extraordinary efforts on
behalf of Florida Bar members in chairing the 2010-2011 Board Review Committee on Professional
Ethics and your leadership in undertaking a thorough study and a complete re-writing of the lawyer
advertising rules. This outstanding service is worthy of the highest commendation and the abundant
gratitude of your fellow board members and the entire membership." The rewritten and restructured lawyer advertising rules were presented to the Florida Supreme Court
on July 5 for its review.
Upon receipt of the unexpected award at The Florida Bar Annual Convention, Schwait stated that he
was honored to represent the lawyers and judges of Alachua, Baker, Bradford, Gilchrist, Levy and
Union counties and grateful to have had the opportunity to make this contribution to the lawyers of
Florida.
[ learn more about Carl B. Schwait ]
Kevin A. McNeill appointed to the Florida Bar Special Committee on Diversity and Inclusion
Kevin A. McNeill has been appointed as one of two vice chairs of the Special Committee on Diversity and
Inclusion for the 2011-12 Florida Bar year by current Florida Bar President, Scott G. Hawkins. The primary mission of the committee is to implement The Florida Bar diversity
grant program offering voluntary bars financial assistance with local and regional conferences,
seminars, summits and symposia encouraging diversity training and dialogue.
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learn more about Kevin A. McNeill]
Jennifer Lester to Moderate Judical Forum
Jennifer Lester will moderate a discussion by six jurists at a NBI Judicial Forum to be conducted in Gainesville, Florida on October 28, 2011. The program is entitled, "What Civil Court Judges Want You To Know" and will cover topics including litigation strategy, ADR, and trial advocacy. Registration is available at www.nbi-sems.com.
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learn more about Jennifer Lester ]
Summary Judgment Granted to School Board in Trip and Fall Lawsuit
Andrew Morey and David Delaney successfully argued a Motion for Summary Judgment on behalf of a Defendant School Board in a claim alleging premises liability on the grounds of an elementary school. The plaintiff was a visitor to the school who was injured when she tripped over tree roots while walking on the school grounds. Following the plaintiff’s deposition, the Defendant filed a motion for summary judgment asserting that the allegedly dangerous condition on the school premises should be treated as a “natural condition,” thus exempting the school board from liability. The Court agreed with the attorneys at Dell Graham and found that summary judgment in favor of the school board was appropriate.
[ learn more Andrew A. Morey ] [learn more about David M. Delaney]
First District Court of Appeal Affirms that Physical Custody of Students Establishes a School Board Duty in Affirming Motion for Summary Judgment in Bus Stop Accident Case
David Delaney recently obtained a dismissal with prejudice on behalf of a school board. The case involved an accident where a student was struck by a vehicle near a school bus stop. The Plaintiff’s complaint alleged that the school district has a legal duty to monitor or control the behavior of students at a school bus stop prior to the arrival of the school bus. The Plaintiff also claimed that the bus stop was in a dangerous location. Mr. Delaney convinced the court that under Florida law relating to sovereign immunity, a school board’s duty of care for a student stems from its physical custody of a student, and without such physical custody, a school board’s duty of care is not triggered. The trial court's decision was upheld by the First District Court of Appeal.
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Summary Judgment Granted to School Board in Negligent Supervision Claim
David Delaney successfully argued a Motion for Summary Judgment on behalf of a Defendant School Board in a claim alleging negligent supervision. A student was injured during a field trip to a theme park. The defense focused on locating the adult chaperones who witnessed the event, including several whom had moved out of state. The attorneys at Dell Graham were able to obtain their cooperation in submitting affidavits and deposition testimony that proved the student was being directly observed from a few feet away when the unfortunate accident occurred. In preparing the motion for hearing, the defense relied on a number of cases in Florida that hold that school districts are not insurers of student safety. Instead, the duty owed is simply one of reasonable supervision. The Court found that as a matter of law, this standard was met under the facts of this case.
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Dell Graham Attorneys Discuss Student Restraints at Professional Conference
Dell Graham Attorneys
Andrew Morey and
David Delaney were recently invited speakers at a conference of claims professionals for public entities. Mr. Morey and Mr. Delaney presented information on the rise of claims stemming from the restraint of children in educational settings. These claims arise when students’ freedom of movement is restricted if they exhibit behavior that is a danger to themselves or others. The Individuals with Disabilities Education Act, the Americian Disabilities Act, Section 504 of the Rehabilitation Act, as well as civil rights claims under Section 1983 were discussed in relation to the trend of mainstreaming students with disabilities into regular classrooms.
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learn more about Andrew Morey ]
First District Court of Appeal Declares Farm Tractor Is Not a Dangerous Instrumentality
In
Rippy v. Shepard, the Plaintiff sued for damages caused when the Defendant's farm tractor ran over the Plaintiff. The tractor was being driven by a third party and the plaintiff claimed that Mr. Shepard was liable under the dangerous instrumentality law. The trial court dismissed the claim and the plaintiff appealed. The First District Court of Appeal affirmed the dismissal, agreeing with Dell Graham's position that farm tractors were not dangerous instrumentalities under Florida law. The matter was handled in both the trial and appellate courts by
Jennifer Lester.
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Summary Judgment Granted in Slip and Fall Case
Jennifer Lester moved for summary judgment in a slip and fall case after realizing the Plaintiff had failed to name the correct entity as a defendant and thus, failed to file her claim with the statute of limitations. The trial court agreed with her, and granted summary final judgment for the defendant.
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Summary Judgment Awarded in Alleged Baker Act and Marchman Act Violations Case
Dale J. Paleschic successfully argued a motion for summary judgment on behalf of their clients, two psychiatrists and a local hospital. The Court dismissed the Plaintiff’s claims that he was injured and his rights were violated because he was held in excess of the 72 hours allowed for an examination to be conducted to determine if the Plaintiff was mentally ill. Mr. Paleschic and Ms. Collins successfully demonstrated to the Court that the Plaintiff was receiving emergency medical care during the bulk of his confinement and that although the Plaintiff was originally held under Florida’s Baker Act, he was subsequently felt to have potential substance issues and could be held an additional 72 hours for under the provisions of Florida’s Marchman Act for a substance abuse evaluation.
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Defense Verdict obtained in Mud-Bogging Case
Susan Seigle and
Kevin McNeill recently received a defense jury verdict in Lake City, Florida. The Plaintiff alleged that he was injured in a one-car crash on a country road that had mud tracked onto the road from a mud-bogging event that had been held earlier that evening on a field adjacent to the road. The Defendants, who owned the land where the event was held, contended that when the event concluded that night, the only mud on the road was what would be expected on a wet highway from the dirt-road entrance onto the field. After the three day trial, the six-woman jury deliberated just over an hour before returning a defense verdict.
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learn more about Susan Seigle ,
learn more about Kevin McNeill ]
Dell Graham Expands Healthcare Law Practice
Dell Graham is pleased to announce that healthcare attorney
Mark Thomas has joined the firm. Mr. Thomas focuses his practice on
healthcare defense, regulation and compliance. With almost 25 years of experience in health law and operations, he provides litigation and business services for a wide variety of medical providers, insurers and pharmaceutical/device manufacturers. Mr. Thomas is board certified healthcare law and specializes in compliance audits of provider arrangements, and representation of healthcare entities before government agencies. His clients include some of the country’s largest hospital systems, multi-specialty physician groups, and health maintenance organizations.
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learn more about Mark S. Thomas ,
learn more about Healthcare Regulation & Compliance at Dell Graham. ]
Summary Judgment Granted for Horse Ranch Operator
David Delaney successfully argued a motion for summary judgment on behalf of their client, the owner of a horse ranch. At the hearing, the Court dismissed the Plaintiff’s claims that he was injured while attempting to load a horse into a trailer after purchasing it from the Defendant. The Plaintiff charged that the rancher’s employees failed to provide any assistance in loading the horse. The Plaintiff also alleged that the Defendant failed to warn Plaintiff of the horse’s temperamental disposition and dangerous propensities.
Mr. Delaney defended the case with Florida’s Equine Activities statute. This law protects ranch owners, horse farms, and other sponsors of equine activities against personal injury claims when certain notice provisions are followed.
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learn more about David M. Delaney]
Sexual Abuse Cases Resolved via Summary Judgment After Favorable Ruling for Defense at Frye Hearing
In several consolidated cases arising out of alleged physical and sexual abuse at a church school and camp,
Carl Schwait obtained favorable rulings upon summary judgment on the basis that the claims were time-barred by the applicable statute of limitations. The plaintiffs claimed that that accrual of their negligence claims and the running of the statute of limitations was delayed because “dissociative amnesia” (also referred to as “repressed memories” or “traumatic amnesia”) prevented them from remembering the alleged abuse against them and from discovering their claimed injury until many years later. Following an evidentiary hearing pursuant to
Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923), the circuit court held that plaintiffs failed to show by a preponderance of evidence that the existence of “repressed memories” is generally accepted in the relevant scientific community. A subsequent appeal by the plaintiffs was abandoned.
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