Burman, Critton, Luttier & Coleman— Notable Cases

Serving West Palm Beach & South Florida

The law firm of Burman, Critton, Luttier & Coleman strives to achieve the best possible outcome and recovery for each client, accomplishing that mission time and again by obtaining multi-million dollar results through negotiation, mediation and positive jury verdicts.

The accounts of recent trials, jury verdicts and settlements contained on this website are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of another case. If you have any questions regarding any of these cases or wish to discuss a potential case, please contact us.

Our notable cases are categorized by Complex Commercial Litigation, Personal Injury, Premises Liability, Employment Litigation, Insurance Bad Faith, and Marital & Family Disputes.

Complex Commercial Litigation

Atkins v. TracFone Wireless
This case involved complex, multiple claims for alleged theft of corporate opportunities, breach of fiduciary duty and alleged fraud against our client, TracFone Wireless, the largest pre-paid wireless phone carrier in the nation. The Plaintiff claimed damages in excess of one billion dollars, as a result of his allegations that TracFone misappropriated a business idea from him. This case was litigated heavily for over 5 years (more than 100 depositions) and involved extensive expert testimony. During this time, we were able to obtain multiple summary judgments and dismissals of certain claims, eventually whittling the case down to a bare-bones case against TracFone. The case ultimately settled.

C. E. Collins, Inc. v. The City of Stuart
Plaintiff, C. E. Collins, Inc., leased a specific amount of property from the City of Stuart. The plaintiff intended to develop the property, formerly known as the old city landfill, into a golf driving range, nine-hole executive golf course, and a putt putt facility. After commencement of construction and substantial development on the 42 acre parcel, the city began dumping truck loads of river sludge on the property subsequent to various hurricanes. The dried concrete-like materials spread across twelve of the fifteen acres of the property and made it impossible to construct a nine-hole executive golf course thereon. As a result, our client lost hundreds of thousands of dollars in the market. It was learned through discovery that our client's money/account manager had several write-ups by the financial institution for failing to preserve assets and assess risk tolerances. The firm's attorneys, Robert Critton, Jr. and Michael J. Pike, obtained a settlement approaching $1 million.

John Doe v. Financial Institution
This case involved the failure to preserve assets and assess risk tolerances. Our client, a retired CEO of a large corporation, enlisted the services of a financial institution to protect his hard earned money. The financial institution failed to assess our client’s risk tolerances, preserve his assets and diversify a specific portfolio that would accommodate his current income needs. As a result, our client lost hundreds of thousands of dollars in the market. It was learned through discovery that our client’s money/account manager had several write-ups by financial institution for failing to preserve assets and assess risk tolerances. The firm's attorneys, Robert Critton, Jr. and Michael Pike, obtained a settlement in excess of $1.79 million.
 
Shareholders v. Demolition Company and Others
This case involved a shareholder and manager dispute with the operation of a demolition company worth several millions of dollars. The lawsuit was filed for breach of fiduciary duty, and a derivative claim was filed separately. A settlement was reached wherein the equipment was split between the shareholders and owners of the company, and the firm’s client was awarded hundreds of thousands of dollars of proceeds to make him whole.

Shareholders v. Developer and Company
The shareholders of various companies involved in a commercial and residential development experienced a shareholder dispute. The firm represented the CEO and majority shareholders of the company. The shareholders sought more interest in the companies than were due to them as minority shareholders. A confidential settlement was reached wherein the minority shareholders were paid a nominal sum relative to the worth of the company in order to resolve the matter.

John Doe v. Diversified Investments Services, LLC, et al.
Our firm represented the plaintiff, John Doe, former employee of an entity to recover ownership interests in ten sub-entities of his employer that were wrongfully stripped from the client upon his termination from the company. Our client claimed that he was still the owner of his full ownership interests in each of the investment LLCs, even though he was terminated. The defendants disputed that our client was still an owner in the investment LLCs because he had signed a vesting schedule that was not apart of his original employment agreement. The defendants argued the vesting schedule was retroactive to the ownership interests that our client had already paid for in full, and he was merely entitled to a cash payment in the amount of one-third of the value of his ownership interests at the time of termination. The case was litigated through summary judgment hearings and ultimately settled at mediation one week before calendar call for $460,000.00.

Multiple Elderly Plaintiffs v. Un-named Financial Institution, Un-named Stock Brokerage House & Un-named Financial Publishing Company
J. Michael Burman represented multiple elderly plaintiffs who were cheated out of millions of dollars by a financial planner, Thomas Abrams, in an unlawful ponzi scheme. Mr. Abrams was arrested and plead guilty to several associated charges related to the scheme, and he was sentenced to in excess of twenty-five years in federal prison. The plaintiffs in question were able to recover limited compensation from Mr. Abram's companies which all wound up in bankruptcy. A suit was brought on behalf of the plaintiffs against all of the associated parties through which furthered the success of the financial planner's scheme to defraud the plaintiffs. This included the bank where all of the investment accounts were located, the brokerage house through which Mr. Abrams allegedly processed transactions and the financial publishing company from which he purchased complimentary advertising literature which touted his success as a financial manager. The Firm was able to recover substantial settlements for the plaintiffs.

Atkinson v. PDP Capital L.L.C. and Paul Pomfret
This case involved a complicated fraud operated under the guise of a fund of funds.  In 2000 and again in 2001 the Plaintiff invested over two million dollars in with the Defendant, who marketed himself as a former Penn State Football and Green Bay Packers football player whose decision to establish his own fund of funds in Florida was motivated by the tragedy of 9/11.  In local and national media the Defendant marketed himself as an honest money manager, and actually gave advice on how an investor could detect and avoid fraud.  Unbeknownst to the Plaintiff, the funds he had invested were actually being used by the Defendant to fund a lavish lifestyle which included luxury cars, homes, and jewelry.  During discovery sophisticated forensic accounting and electronic discovery revealed that the Defendants had laundered money obtained from investors through multiple bank and brokerage accounts controlled by the Defendant.  After a lengthy jury trial, represented by attorney Benny Lebedeker, the Plaintiff obtained a verdict of $3,450,712.22.

DR Palm Beach Inc. v. Zucaro and World Trade Management L.L.C.
This case involved a series of promissory notes totaling $240,000.00.  The Plaintiff, who was represented by attorney Benny Lebedeker, agreed to loan the funds to Alfred Zucaro – a well known political figure and lawyer in Palm Beach County.  After defaulting on his obligations under the note the Defendant took the position that he was not personally obligated on the note, but rather that the borrower was World Trade Management L.L.C., and entity which for all intents and purposes was bankrupt.  After a bench trial the court ruled that Mr. Zucaro was in fact personally liable on the notes and entered a judgment in the amount of $406,087.00.

Personal Injury

Jane Doe v. Four-Wheeled Cart
Our client, an 80-year-old woman, was injured by a four-wheeled motorized cart causing her to sustain a bilateral subdural hematoma (blood clotting) which required a dual craniotomy (surgery on the skull to drain the fluid). Subsequently, our client experienced a pulmonary embolism (blockage of the pulmonary artery) and had related seizures. Our attorneys, Robert Critton, Jr. and Michael J. Pike, settled the case for in excess of $1.2 million one month before trial as a result of mediation and aggressive lawyering.

Jane Doe v. John Doe
Our client, an amateur golf pro, was driving her vehicle on a local street when she was suddenly broadsided by the defendant's vehicle. The defendant's vehicle was insured for only $10,000.00. Our client sustained several cervical and lumbar injuries including, but not limited to, C3-C4 and L5-S1 herniations. She underwent a percutaneous discectomy (removal of a herniated disc).
A demand was made for the $10,000.00 policy limits. The insurance carrier refused to timely tender policy limits. The firm filed a lawsuit for negligence. A settlement in excess of $510,000.00 was reached as a result of a global resolution of the underlying personal injury claim and the bad faith claim.

Jane Doe v. Owner of Luxury Vehicle
Our client was a construction worker, working in Palm Beach County. He was run over repeatedly by a driver operating a luxury vehicle. The plaintiff sustained substantial injuries to his body including, but not limited to, his knees, back and spine. The plaintiff sought punitive damages as a result of the defendant’s intentional act. Robert D. Critton, Jr. and Michael J. Pike were instrumental in negotiating a settlement in excess of $1 million.

Richard Cruz, et al., v. J.B. Roig Corp., et al.
One of our associate attorneys and paralegal, Al Benavente (assisting), represented multiple family members (6); including two minors in an automobile crash involving a commercial tractor-trailer. As a result of the accident, one of our clients was diagnosed with brain contusions, cerebral hemorrhaging, multiple left-sided rib fractures, pulmonary contusions, a left clavicle fracture, and other injuries. The other family members sustained various injuries, including broken ribs, a broken sternum and whiplash damage to the neck. The case was settled pre-suit in excess of $2.1 million.

John Doe, Personal Representative of the Estate of Jane Doe v. Drunk Driver
Our client was the personal representative of the estate of his wife, Jane Doe, with respect to an automobile collision which occurred in Lake County, Florida. Jane Doe was a patient being transported in an ambulance while on a gurney. She was a 78-year-old woman. The defendant was the permissive driver of a vehicle owned by a friend, traveling in the opposite direction, when he made a rapid, improper and sudden left turn, crossing the median and striking the ambulance in which Jane Doe was being transported. The speed and force of the impact caused the ambulance to hit a telephone pole, completely breaking it in half. Jane Doe was thrown from the gurney onto the floor, sustaining serious injuries. She was provided emergency medical assistance at the scene by a second crew and immediately transported to the local hospital for her injuries. Upon arrival at the hospital, Jane Doe was immediately administered emergency medical assistance. Her condition took a turn for the worse due to severe internal bleeding and a significant back fracture. She died at the hospital. The case settled pre-suit for a collective amount of $290,000.00 upon submission of a demand letter to each of the prospective defendants. 

Widow v. United Nursing Services and Mauricio Garcia
Our client was the widow of a 90-year-old man who died following a fall suffered in his condominium. She had hired a United Nursing Services and thereby Mauricio Garcia to watch her husband at night to make sure that he did not fall or injure himself during the night while she was sleeping. Mr. Garcia left the decedent to throw out some trash and upon his return found him on the floor with a cut to the back of his head. The decedent suffered a subdural hematoma (brain injury) as a result of the fall and died several days later. The case was vigorously contested both on the issues of liability and damages by the nursing agency. Despite our client’s reasonable offers to settle the case, so as to avoid the emotional trauma of trial, the defendants refused. At trial, United Nursing Services not only disputed their employee's negligence, but they argued that the decedent was in poor health, had been referred to Hospice and had a very short life expectancy. Our attorneys, Mark Luttier and Michael Pike, vigorously represented the surviving spouse through a two week jury trial, at the conclusion of which the jury awarded a verdict of $680,000.00. Rather than pay the verdict, the defendants appealed the verdict. After approximately 1 year and 6 months, the 4th District Court of Appeal affirmed the verdict as well as an order awarding the surviving spouse attorney's fees and costs, for a total amount of approximately $860,000.00. This verdict was one of the largest verdicts ever rendered in the state of Florida arising out of a death of a 90-year-old individual. 

Premises Liability

Jane Doe v. The Forum III Buildings
This case involved negligent security. Our client, a 35-year-old wife and mother of two young children, was abducted from the parking garage at The Forum III and sexually assaulted. The criminals responsible for these vicious acts were apprehended and convicted. After the criminal cases were completed, we pursued claims against The Forum III for negligent security. Through our extensive diligence in obtaining documents pertaining to the property we learned that the building cut back security measures to save costs. Specifically, they fired the guard responsible for patrolling the most dangerous area of this garage and the area where criminals could enter from an adjacent street. Even though there were multiple prior complaints of dangerous activity in this garage, the owners of the building chose to save a few pennies, at the expense of our client’s safety. The case settled for $2 million before going to trial.

Jane Doe v. Department Store
Our client was a real estate agent, and was married with three children. Her case involved a slip and fall at a local department store. The firm's client sustained an elbow fracture and herniations to her spine as a result of water not being mopped up in a timely fashion after a rainstorm by the department store's employees. The case was aggressively litigated by our attorneys, Robert Critton, Jr. and Michael Pike, and resolved prior to trial for $300,000.00. 

Insurance Litigation - Insurance Bad Faith

John Doe v. Operator of Semi Truck
Our client was operating a delivery truck on I-95 when he was rear-ended by an eighteen wheeler (semi truck). Our client had to be removed from the vehicle by stretcher. As a result of the accident, physicians determined that he sustained severe cervical herniations. He underwent a surgical fusion of the cervical spine at two separate levels. Our client was out of work for several months and incurred substantial medical costs in excess of $300,000.00. Our client, through attorneys Robert D. Critton, Jr. and Michael Pike, demanded that the defendant settle the case fifteen days before mediation or the defendant’s insurance carrier would be held in bad faith. The case ultimately settled upon submission of a demand letter prior to mediation for in excess of $1 million.

John and Jane Doe v. Insured
Our client, the plaintiff, was driving his motorcycle on a local Dade County road when a young man crossed the double yellow lines striking our client's motorcycle with his vehicle. Our client was transported to Jackson Memorial Hospital in Miami where he was diagnosed with a fractured back and several compression fractures to the spine. The defendant's vehicle was insured for low limits relative to our client's injuries. A demand was made for the policy limits. The insurance carrier refused to tender policy limits in a timely manner. The firm filed a lawsuit for negligence. Our attorney, Michael Pike, negotiated a settlement in excess of ten times the amount of coverage carried by the defendant as a result of a global resolution of the underlying personal injury and bad faith claims.

Luke Korzeniowski, et. al. v. The Medical Protective Company
This case involved catastrophic brain damage sustained by Luke Korzeniowski during his birth.  Counsel for the Korzeniowski family, in the underlying case, obtained a $60,000.000.00 verdict against the physician who delivered Luke, as well as the hospital where he was born. J. Michael Burman assisted the Plaintiff's counsel in recovering $20,000,000.00 (policy limits close) from the hospital after the jury rendered its verdict and the court entered it final judgment against the hospital. The physician in question had coverage of $250,000.00 by the defendant, the Medical Protective Company. During the course of litigation, Med-Pro failed to tender their policy limits to protect their insured in a timely basis which led to a second lawsuit against Med-Pro for insurance bad faith. The Firm litigated the case, and obtained a multi-million dollar settlement for the plaintiff's family prior to trial.

Employment Litigation

Jane Doe v. Employer
This case involved employer sexual harassment. Our client, an attractive, married, 30-year-old woman, was physically and psychologically abused at her job-site every day. She worked for a multi-billionaire, who would constantly communicate with our client in extremely graphic, sexual detail. He threatened her if she would not participate in various sexual acts and he physically attempted to interact with her, even though she fought him off. Our client needed to keep her job, as she had a family to support and was virtually trapped by this predator. Gregory W. Coleman was instrumental in settling the matter within ten days in the Firm's Client's favor.

Employee v. Palm Beach Condominium
Our firm represented an employee of a Palm Beach condominium who was injured when he was crushed against a wall by a 700 lb sub-zero refrigerator that was being moved down a flight of stairs. Because he was working within the scope of his employment, his sole remedy against his employer, the defendant, was a limited recovery permitted under the workers' compensation law. Upon investigation by the firm, we determined that a third party was negligent in the manner in which they attempted to move the refrigerator. The third party was not entitled to immunity under the law. After filing suit, Mark Luttier was able to resolve the claim against the third party and obtain a settlement from the workers' compensation carrier and a waiver of the medical lien resulting in a settlement to the Client in excess of $1 million.

Marital & Family Disputes

Dissolution of Marriage/Postnuptial Agreement
Our firm represented the husband in the dissolution of marriage proceeding. The parties had been married for more than 40 years and had three adult children. The parties executed a postnuptial agreement, which was governed by Virginia law and the Uniform Premarital Agreement Act (now adopted in Florida). There was no written financial disclosure provided at the time the agreement was executed. The wife alleged that the husband had a net worth in excess of $45 million. The wife also claimed that she executed the agreement under duress. Our client argued that the wife had waived the right to financial disclosure. After extensive research and argument to the Court, our partner, Mark Luttier, obtained an order that the wife had waived the right to financial disclosure. Thereafter, a trial was conducted at which time the Court determined that the wife executed the agreement freely and voluntarily. After the trial, the husband was awarded attorney's fees and all costs incurred in defending the validity of the parties' postnuptial agreement.

Dissolution of Marriage
Partner, Mark Luttier, represented the husband in a dissolution of a long-term marriage involving three adult children. The most significant asset was the closely-held stock in the family business. Neither party was actively involved in the business. The parties' three adult sons ran the business. Over a period of time, the parties had gifted some of the stock in the business to their sons. At the time of the dissolution, the husband owned the remaining shares of stock in the family business. The wife alleged that there was a conspiracy between the husband and sons and amended her complaint to sue the sons. The wife also sought to place an unreasonably high value on the stock in the family business and required the husband to pay half of the value. Two trials were brought to court, one on the conspiracy issue and the other on the equitable distribution of the parties' assets. The husband proposed an equal division of the remaining family stock between the parties to place them in an equal position. The court entered a final judgment to divide the stock equally. The wife appealed, but the original ruling was affirmed.