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Prominent Trial Attorney and Humanitarian Willie E. Gary, Serves as Keynote Speaker for the Florida Department of Transportation’s 13th Annual Black History Month Program

Trial attorney Willie E. Gary recently served as the keynote speaker for The Florida Department of Transportation’s 13th Annual Black History Month program in Bartow, Florida.

Gary addressed an audience of over 200 business leaders, educators, legal professionals, elected officials and clergy on the topic of “David vs. Goliath.”  Audience members listened attentively as Gary spoke about the importance of making a positive impact in our respective communities, and reaching back to help the underserved and downtrodden.  Gary also enthusiastically encouraged attendees to provide job and internship opportunities for young boys and girls.  He challenged everyone to play a role in the success of future generation by equipping them with the necessary tools and resources to succeed in life.

Gary was presented with a Certificate of Appreciation on behalf of the State of Florida Department of Transportation for his contributions to Black History.  The program concluded with City Commissioner Leo Longworth proudly presenting Mr. Gary with a Key to the City.

“Many great men and women have sacrificed and fought hard for our civil rights,” said Gary.  “Today, we celebrate those leaders and legends who have paved the way.  Thanks to their foresight and perseverance, we have been afforded opportunities our grandparents only dreamed of having.  While I am pleased that we have made substantial strides; I am also reminded of the fact that we have a long way to go,” continued Gary..

Attorney Willie E. Gary is no stranger to seeking justice.   Mr. Gary and his legal team are known for taking on some of the nation’s most powerful corporate giants. In 2014, a jury awarded Gary and his legal team an unprecedented $23.6 billion verdict against RJ Reynolds Tobacco Company.  In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world’s largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch.

Famed Attorney Willie Gary and NFL Wide Receiver Devard Darling Demand Answers from State Legislature on Extreme Delay in Granting Claims Bill

NFL Star Devard Darling Speaks Out for the First Time

About the Sudden and Unnecessary Death of his Twin Brother, Devaughn Darling

Prominent attorney Willie Gary of the Stuart, Florida based law firm of Gary, Williams, Parenti, Watson & Gary, P.L.L.C., along with football wide-receiver Devard Darling and nearly a dozen NFL players gathered in Tallahassee, Florida in memory and support of Devaughn Darling.  Gary and Darling made the request for immediate action from the State Legislature and petitioned for the authorization of the claims bill, in the case of Devaughn Darling.  The wrongful death lawsuit filed by the Gary Law Firm settled for $2 million in June 2004, of which Florida State University paid $200,000. Gary and his legal team have pursued the remaining $1.8 million that must be approved by the Legislature since that time.

At the press conference, NFL star Devard Darling, former wide receiver for the Baltimore Ravens, spoke out for the first time about the sudden and unnecessary death of his twin brother, Devaughn. Devaughn Darling, an 18-year-old freshman linebacker for the Florida State University football team collapsed and died, while participating in a series of intense conditioning tests in February 2001.  Devard Darling traveled to Tallahassee to meet with the leadership of the State Legislature, in an effort to bring about awareness of the untimely death of his brother and to impress upon the legislature the need to approve the claims bill.  This was Devard Darling’s first time returning to Tallahassee since the death of his twin brother.

During his visit, Darling visited the Devaughn Darling Memorial Tree at Doak Campbell Stadium.  Darling also hosted a VIP reception at the Governor’s Club, showcasing the work of the As One Foundation, which he established in honor of his brother with the mission to educate and increase awareness of  Sickle Cell Trait while encouraging youth to achieve their dreams in the face of life’s challenges. 

“I am thankful that we were able to turn to one another to seek resolution and understanding in this matter,” commented Gary.  “However, make no mistake that there is no amount of money that can compensate for the loss of a child.  Devaughn was more than just a great athlete.  He was a phenomenal person who was a role model for many young boys and girls and he died prematurely and unnecessarily,” Gary continued.

Attorney Willie E. Gary and his legal team are no strangers to seeking justice.   Mr. Gary is known for taking on some of the nation’s most powerful corporate giants. In 2014, a jury awarded Gary and team an unprecedented $23.6 billion verdict against RJ Reynolds Tobacco Company.  In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world’s largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch.

Attorney Willie Gary poses with friends and family of Devaughn Darling at a press conference in Tallahassee, FL

Attorney Willie Gary poses with friends and family of Devaughn Darling at a press conference in Tallahassee, FL

 

Corey Simon retired NFL player; State Representative Mia Jones-Jax; Willie Gary; Devard Darling brother of Devaughn Darling; Jesse Solomon retired NFL player

Corey Simon retired NFL player; State Representative Mia Jones-Jax; Willie Gary; Devard Darling brother of Devaughn Darling; Jesse Solomon retired NFL player

Facts about Class Action Lawsuits

The first thing that you need to know about class action lawsuits is that one of the parties is going to be consisted of a group of people. They may be represented individually or collectively by a member of the group. The state of Florida has seen a lot of these cases, especially lately. There are certain advantages and disadvantages to class action lawsuits, which are mainly due to the nature of the claims. It’s important to know that in order to be aggregated in a class action lawsuit the claims must be entitled to the same court and should be within the same practice area of law. They are extremely popular in personal injury law and the main example consists of an employer who has wronged several employees. The labor legislation understands class action cases for wrongful termination, for instance.

The main advantage of class action is the increased efficiency of the particular legal process. This entails that because of the strong aggregation of claims, the court would be able to issue a binding decision which is going to be mandatory for all of the parties. This eliminates the need for individual hearings and rulings, which is incredibly time-saving as well as economical as legal expenses would also be combined in the particular class action.

Legal Jurisdiction in Florida

However, the state of Florida is known for its tight restrictive legislation which regulates the class action lawsuits. A several years ago the Governor of Florida signed on a legislation bill which tightened those restrictions even more. The particular act is known as the F.S. 768.734 and imposes sever requirements for filing class action claims. It addresses the individual capacity to file a claim of each of the plaintiffs as well as the damages that they may recover from. Moreover the non-residential claimants no longer have the broad access to the state courts of Florida and they must fit the particular expectations set forth by the act.

It is arguable whether or not this bill in particular is beneficial for the legal system. Restricting class action lawsuits can be considered as beneficial for the corporation. However, having in mind that the labor legislation in general is widely impacting and benefiting the employee, it is only logical that personal injury class action lawsuits follow the same logic. This is a sign of discontinuity which may lead to some serious complications when it comes to the representation of groups of people. The contradiction is obvious and it needs to be addressed. As to this moment there are no rulings of the Florida Supreme court which follow one way or another but are strictly abiding by the questionable act. Class action lawsuits are highly regarded especially in the United States of America and it is unreasonable to limit their application as much.

Changes in The Florida Personal Injury Statutory

Personal injury law is constantly evolving. This is because it needs to be flexible in order to meet the ever changing requirements of society. Some injuries become a lot more relevant than others and as such they need to be addressed respectively. Even though some of the magistrates tend to believe that a stable and permanent law is a guarantee of longevity and reliability, the fact is that law needs to be versatile. It needs to adapt to the social trends in order to provide the adequate legal protection. However, when it comes to Florida personal injury statutory regulations, it’s worth mentioning that over the last couple of years the law has shifted quite a bit, regarding different areas of personal injury.

One of the major changes of the Senate Bill accepted all the way back in 1860 requires that victims involved in motor vehicle accidents should receive their initial medical service as well as care within the first 14 days after the accident has taken place. They are going to be reimbursed only if they fall within the limitations and boundaries of what is lawfully provided. If any follow up services are required they should be legally referred by the treating expert or otherwise they won’t be addressed by the court and they won’t be subjected to compensation.

The death benefits are also increased. Previously the death benefits of unused Personal Injury Protection was only limited to $5,000. As per the new changes this threshold is increased to $5,000 in benefits as well as in $10,000 in medical benefits.

The No-Fault disputes related to personal injury protection which involve paying legal fees for attorneys are also altered. The changed bill requires that the attorney bills which are awarded have to be compliant with the professional standards which are set forth by the practice. This is incredibly helpful as it regulates what had to be regulated before that. This would prevent attorneys from signing off immense legal fees and it protects the losing party. Thus, the advantages hold promise and advantage to both parties.

All in all, it’s safe to say that recent changes to the Florida personal injury statutory provisions are navigating the practice area towards a positive approach. They are executed in a sense of responsibility which aims to deliver a proper protection as well as legal representation. Some argue that the last alteration might lower the incentive of personal injury lawyers to present the proper protection but there are ethical regulations which would imply severe responsibility which might even reach criminal one if the lawyer does not provide the required service due to monetary incentives. It’s important that the law remains stable and intact in the alterations as they need to be properly implemented to the legal system to gain the required continuity.

News about Product Malfunctions

The state of Florida regards product liability under a variety of different statutory regulations. The Statute of Limitations is likely to be one of the most important in this particular matter as it has a double coined meaning and it impacts both the claimant and the defendant. On the one side, we have the plaintiff who is required as per the Statute point 95.11 to file his claim in a term of four years after which time frame it becomes void. This is intended to further stimulate the pursuit of responsibility. However, on the other hand, we have the defendant who is protected from timeless claims. His responsibility has to be put in some limits, and the Statute of Limitations is representing this in particular.

Decision of the Florida Supreme Court

The Florida Supreme Court came up with a recent decision which had great impact on product liability cases. This is a state-specific rule which aims to limit tortuous actions provided that the damages are only economic – this is now only limited to cases deriving from product liability. This has great impact on tort law in general and especially on personal injury claims. The decision entails that a tortuous prosecution claim can’t be filed against the defendant if the only damages incurred by the defendant are monetary. There is an exception to the rule. The claim will be allowed if it relates to product liability.

Now, this decision shifts the legal parameters of personal injury law in relation to product malfunctions. As it is known, personal injury derives from tort law and this particular ruling is one of the few steps which are clearly stating that persona injury is absolutely necessary and can’t be overlooked. Product malfunction is one of the most commonly regarded personal injury cases and the spotlight has shifted towards it even more. The ruling of 2013 forbids any other tort claims to be filed unless they are from product malfunction, provided the damages are only monetary. Of course there is a wide speculation as to what exactly does economic loss means. Some magistrates tend to accept that this might also derive from subjective reasoning which has to be taken into proper consideration. The ability of one to emotionally perceive things definitely leads to monetary results, especially in the corporate environment.

Whether or not those perceptions are going to be accepted by the court is another question and the ruling of the Florida’s Supreme Court kind of delivers a negative answer. If the matter is regarded as to its strictly objective side, if you are experiencing only monetary losses from a tort you won’t be able to file, unless it’s related to product defect or malfunction, which are the main product liability claims. Thus, it is best to get an honest opinion from an experience lawyer, if you are a victim of a product malfunction.

Legal Trends in Personal Injury Law

It’s important to understand that personal injury law is a constantly changing field of expertise. There may be a variety of causes that might lead a case to be categorized as such. This means that the entire division of personal injury is regulated by an abundance of legal clauses and provisions and as such they are constantly changing to fit the demands of modern day society.

One of the latest trends is related to social media and the way that it influences personal injury cases. The fact is that the majority on people who are on social media are mostly there to share different aspects on their lives with close friends and family. The reality is that social media can very well be used against you. You have to be extremely careful as to what you share on the media because it could be used as evidence against you.

Nevertheless, workers’ compensation claims have also taken a considerable hit in the state of Florida for the last few years. There is also a tendency for the insurance companies to start shifting towards personal injury law as opposed to their previously taken no-fault status. The main reason for this is that this particular plan which aims to minimize the exposure of insurance companies might as well easily backfire. The state of Florida is currently ravaged by different fraudulent personal injury claims which aim to collect funds that are actually not due.

Individual claims

However, as far as individual claims go, most of the insurance companies tend to be rather intimidating towards claimants and their physicians, relying on the fact that they won’t go so far to actually examine the actual science behind the trauma. Therefore most of the typical ways for intimidation tend to be rather successful. However, with a good lawyer representing the victim, tables can turn quickly.

At the same time there has been a recent debate on whether or not personal injury should be relevant division of the law as opposed to tort law. The prevailing opinion still remains that personal injury is a necessary fragmentation of tort law and as such it should remain intact. The reason for this once again lies within the variety of causes. The magistrates of Florida tend to believe that these potential case merits should be enveloped in a particular area in order to keep things concise and compiled.

Legal Protection

The alternative is not preferable as it would allow a wide subjection of the particular area which would inevitably lead to improper legal protection as well as inadequate representation. Even though it may cost the corporate niche quite some funds, personal injury law is absolutely mandatory when it comes to protecting people’s personal rights. It’s something that should remain intact, as it is believed by the majority of magistrates.

Stuart, Florida’s Own Chancellor Gary, Son of Attorney Sekou Gary and Grandson of Attorney Willie Gary to be featured on the Lifetime Channel’s Child Genius

Child Genius: Battle of the Brightest Premieres Tomorrow at 8 p.m. on Lifetime

Child Genius 2016Chancellor Gary, 10, is ready to take his brilliance on the road!  The homeschooled 6th grader has already received numerous accolades for his extraordinary intelligence, including high honors from John Hopkins University CTY International Talent Search.  Now, beginning January 7, 2016 at 8 p.m., people across the nation can see Chancellor excel at a wide variety of brain power questions-and-answers when he participates in Season 2 of Child Genius: Battle of the Brightest on the Lifetime Channel.

Lifetime’s competition series Child Genius: Battle of the Brightest features America’s most extraordinary children as they prepare for the ultimate academic competition.  Chancellor was one of only 12 children selected nationwide to compete.  The competition, created in cooperation with American Mensa, takes place over ten weeks and tests the competitors on their knowledge in categories such as math, spelling, literature, geography, logic, science and current events.  The winner receives a $100,000 college fund and the title of “Child Genius 2016”.  Former NASA astronaut, Leland Melvin is the host.

In addition to the coursework taught at home by his mother, Taylora, Chancellor has tutors in physics, chemistry, biology and economics.  Chancellor also participates in spelling bees, chess tournaments and First Lego League challenges to appease his competitive side.  He is committed to his extra-curricular activities which include guitar and basketball.  He is also a black belt in Taekwondo and has achieved the First Class rank in Boy Scouts.

Chancellor is a video game enthusiast who aspires to be a Software Developer and Attorney.

Chancellor takes on the eleven other contestants, ranging from 9 to 12 years old, as they begin the quest to be named “Child Genius of 2016”.  Show premieres Thursday, January 7, 2016 at 8pm/7c on the Lifetime Network.

Child Genius 2016 Group Shot

Trial Attorney Willie Gary and Team File $50 Million Medical Malpractice Lawsuit against St. Lucie County Medical Center and Doctors on behalf of Client who Suffered Catastrophic Illness and Nearly Died as a Result of Foreign Bodies being left in the Client’s Brain after Surgery

Prominent trial attorney Willie Gary and senior associate Glenn Crickenberger of the Florida-based law firm of Gary, Williams, Parenti, Watson & Gary, P.L.L.C., recently filed a  $50 million medical malpractice lawsuit on behalf of their client, 50 year-old Lee Ruple.  Ruple, at the time of the incident, was employed as a manager for a major printing company.  He is also a former Navy Petty Officer and father of two children.  As a result of foreign bodies being left in the ventricular system of his brain, Ruple requires 24-hour supervision and suffers from excruciating pain, memory loss, hearing loss, balance difficulties, impaired fine and gross motor skills, tremors, delusions, hallucinations and blindness.  The foreign bodies were left in Mr. Ruple’s brain without his knowledge and concealed by Dr. Paul and St. Lucie County Medical Center for nearly 8 years.

Lee Ruple went to St. Lucie Medical Center and was diagnosed with a colloid cyst in his brain.  Ruple subsequently underwent a surgical procedure known as a bilateral ventriculostomy to correct the problem.  At the conclusion of the surgery, Ruple, who was in an altered mental state and his wife, were advised by the treating physician, Dr. Michael D. Paul, that he required yet another procedure, a “right craniotomy to remove the lesion.”  At no time did Dr. Michael Paul advise Mr. or Mrs. Ruple that any additional procedures were done, other than the removal of the lesion.

The lawsuit contends that following the second surgery, Mr. Ruple repeatedly advised Dr. Paul of “icepick type” headaches that were debilitating at times.  Despite Mr. Ruple’s constant complaining, Dr. Paul concealed the fact that he left retained foreign bodies in the ventricular system of Mr. Ruple’s brain.  Mr. Ruple consulted with numerous doctors regarding continual “icepick” headaches that were getting progressively worse and periods of memory loss, only to be continually deceived about the foreign bodies in his brain.

Furthermore, the lawsuit states that Dr. Paul and subsequent doctors misrepresented to Mr. Ruple that there was nothing that could be detected in the brain that was causing the headaches.  It wasn’t until June of 2013, nearly 8 years after the brain surgery, that Mr. and Mrs. Ruple learned for the first time that foreign bodies existed in the ventricular system of Lee Ruple and the shunt had been disconnected, which was the cause of his injuries.

Gary and team are suing St. Lucie Medical Center, Dr. Michael Paul, Dr. Eduardo Borges, Dr. Joseph Charles, Dr. Cathleen A. Ivy, Dr. Guillermo Palacios, Sheridan Healthcare, Inc., and The University of Florida Board of Trustees.  They are being sued for negligence in failing to do the minimum level of standard care and failure to properly evaluate, care and treat Lee Ruple and improper placement of foreign bodies during brain surgery and subsequent concealment.

“As a result of the negligence of St. Lucie Medical Center and these numerous doctors, my client suffered debilitating pain, memory loss and a decreased quality of life,” commented Gary.  “There is no amount of money that will ever be able to replace the long term effects of repeated and unnecessary surgeries and 8 years of pain and suffering Mr. Ruple has endured.  We hope that this lawsuit will send a message to hospitals and physicians nationwide who fail to provide adequate care, to stop putting the lives of innocent people in jeopardy,” stated Gary.

Attorney Willie E. Gary and Glenn Crickenberger are no strangers to seeking justice.   Mr. Gary and Crickenberger are known for taking on some of the nation’s most powerful corporate giants. In 2014, a jury awarded Gary and Crickenberger an unprecedented $23.6 billion verdict against RJ Reynolds Tobacco Company.  In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world’s largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch.

Trial Attorney Willie Gary and Team File $200 Million Lawsuit against Bank of America for Fraudulent Conduct and Bad Faith Dealings

Stuart, Florida – Prominent trial attorney Willie Gary along with senior associate attorney Glenn Crickenberger of the Florida-based law firm of Gary, Williams, Parenti, Watson, and Gary, P.L.L.C., filed a $200 million lawsuit on behalf of the Law Offices of Daniel C. Flint, P.C. and his firm, against Bank of America.  The lawsuit was filed in Federal Court for the Eastern District of Michigan (case number: 2:15-cv-13006-SFC-MKM).

The lawsuit details the irreparable damage and harm that Bank of America’s bad business dealings caused Flint and his law firm and other businesses similarly situated.  Flint is suing Bank of America for selecting and reordering the processing times for business debit purchases, in an effort to maximize overdraft fees.  Bank of America has faced these same allegations in the past.  Furthermore, the lawsuit contends that although Bank of America is notified instantaneously when a debit card is swiped and has the immediate option to accept or decline the transaction, the Bank of America software program intentionally maximizes the number of overdrafts in order to charge each business customer the maximum amount of fees.  The suit alleges that Bank of America accomplishes this by processing daily transactions starting with the largest debit and ending with the smallest debit, as opposed to processing transactions in chronological order.  Mr. Flint was charged overdraft fees that would not have otherwise been assessed had Bank of America processed the transactions, properly, in chronological order.  Flint is suing Bank of America for breach of the covenant of good faith and fair dealing, negligent misrepresentation, and unjust enrichment.

“Daniel Flint put his full trust and confidence in Bank of America concerning his financial and business matters, only to be misled, misguided and deceived,” commented Willie Gary.  “Bank of America had every intention of making a secret profit from business customers and plotted and schemed on ways to maximize bank fees for its own personal benefit.  It’s not right and we will not stand for it,” continued Gary.

Attorney Willie E. Gary is no stranger to seeking justice.   Mr. Gary and Mr. Crickenberger are known for taking on some of the nation’s most powerful corporate giants. In 2014, a jury awarded Gary and Crickenberger an unprecedented $23.6 billion verdict against RJ Reynolds Tobacco Company.  In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world’s largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch.

Trial Attorney Willie E. Gary Shares Words of Inspiration and Encouragement with Students at Pahokee High School

Gary Congratulates 25 Students on Induction into the National Honor Society

Trial attorney, Willie E. Gary recently visited students at Pahokee High School in Pahokee, Florida, to aid in the induction process of 25 students into the National Honor Society and to further inspire them to achieve academic excellence.  Gary, and his wife, Gloria have visited Pahokee on numerous occasions and always take pride in returning to the city where they were born, raised and met in the second grade.  Gary has not only visited Pahokee High School in recent years, but has also picked up the tab for the football team’s championship rings for three consecutive years beginning in 2007.

Gary was welcomed to Pahokee High School by Principal Adrian O’Campo, guidance counselor Machele Martin, the football team, members of the ROTC and inductees and current members of the National Honor Society. Gary praised the National Honor Society inductees for their remarkable academic achievements.  He emphasized the importance of hard work, dedication and striving to be the best person possible.  Gary also challenged the students to avoid becoming complacent with their success.  He challenged students to continue to work hard, finish high school, continue on to college and graduate school and to use their education to help shape society.  Gary’s remarks concluded as he revealed his struggles growing up as a poor migrant worker and the central role education played in his success. He urged the children to pursue their educational goals, despite obstacles.

“All of these students have important decisions to make about their future and they are undoubtedly on the right track,” commented Gary. “My intention was to motivate them to continue to make good decisions and to believe in themselves. Hopefully, they were able to identify with my story and it touched their lives enough to inspire them to finish high school and continue on to college.”

25 Pahokee students are inducted into the National Honor’s Society

25 Pahokee students are inducted into the National Honor’s Society

Attorney Willie E. Gary (right) takes time to pose for a photo with a NHA inductee and Pahokee High School Principal Adrian O’Campo (left)

Attorney Willie E. Gary (right) takes time to pose for a photo with a NHA inductee and Pahokee High School Principal Adrian O’Campo (left)