Recent Accomplishments

Newby v. Taco Bell of America, United States District Court for the Northern District of Indiana, Case No. 1:11-CV-411

Successful mediation. December, 2012.
A Taco Bell maintenance employee was involved in an automobile accident involving three fatalities. Litigation Management Counsel developed a defense based upon the employee’s medical condition, and retained a highly regarded cardiologist from the University of Michigan to serve as the defense expert. The case was successfully resolved through mediation.

Collins v. Pizza Hut of America, Inc., Superior Court Maricopa County, Arizona, Case No. CV 2009-014637

Plaintiff voluntarily dismissed lawsuit and paid defendant its costs as sanctions. December, 2012.
The plaintiff was operating his motor vehicle when he was struck by the defendant’s employee. The accident caused severe injuries to the plaintiff, including six broken ribs, a punctured lung, three fractured vertebrae, a fractured pelvis, and a traumatic brain injury. The plaintiff’s demand was in the seven figures. Litigation Management Counsel investigated the accident within 24 hours and coordinated the accident reconstructionist and human factors experts to develop a computer simulation of the accident. Through aggressive targeted discovery, LMC compelled the plaintiff to dismiss his case on the eve of trial.

Bind-Rite Robbinsville v. E.R. Smith Associates, Inc., American Arbitration Association

Award for defendant after four day hearing before panel of three arbitrators. January, 2013.
The claimant sought hundreds of thousands of dollars in damages for breach of contract, and defendant counterclaimed. Litigation Management Counsel successfully defended the main claim and prosecuted the counterclaim, resulting in a significant award of damages to its client.

Carmichael v. Pizza Hut of America, Inc., 13th Judicial District Court Hillsborough County, Florida, Case No. 08-28747

After four days of trial, plaintiff accepted pre-trial settlement offer. January, 2013.
The plaintiff was severely injured in an automobile accident. He sustained a traumatic brain injury; underwent 18 surgical procedures in the 6 years following the accident; alleged permanent disability; and demanded $10.5 million. Litigation Management Counsel coordinated a team of experts in accident reconstruction, bio-mechanics, orthopedics, neurology, life care planning, and economics. LMC designed and implemented the defense strategy, directed trial counsel, and oversaw all aspects of the case. LMC’s strategy resulted in a very favorable settlement for the client.

Zabaleta v. KFC Corporation, Cook County, Illinois Circuit Court, Case No. 2012L011267

Dismissal of case. February, 2013.
The plaintiff alleged that he slipped and fell in the restroom of a KFC Restaurant as a result of water on the floor. Litigation Management Counsel’s investigation revealed that plaintiff was involved in a prior similar incident at another fast food restaurant. Further investigation revealed additional evidence of fraud, and Litigation Management Counsel convinced plaintiff’s attorney to voluntarily dismiss the case.


February 13, 2013

February 13, 2013

The 2d DCA ruled that it was proper to subpoena Dr. Scott Katzman's surgery center internal cost structure information as it was relevant to establishing a claim of unreasonableness of charges for medical services. The 2d DCA remanded the case to the trial court to conduct an in camera review to determine if the documents were protected as trade secrets and if so, to enter an appropriate confidentiality order.

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