Some of Mr. Jowanna's notable cases, representing both Plaintiffs and Defendants, are as follows:
Mr. Jowanna's Representation of Plaintiffs
Brewer v. Gulfcoast Transit Co.
Reported in the Florida Jury Verdict Reporter at 97 FJVR 3-50.
On April 18, 1994, the Plaintiff was operating a crane that Mr. Jowanna, for the Plaintiff, alleged was owned by the Defendant. On behalf of the Plaintiff, Mr. Jowanna also alleged that, regardless of ownership, the Defendant was the entity that provided the crane for the Plaintiff's use, and that the Defendant provided the crane in a defective condition. As the Plaintiff attempted to make a lift with the crane, the crane tipped over and fell off a bridge and into the water of Tampa Bay. The Plaintiff's right leg was crushed between the crane and a bridge guardrail before the Plaintiff fell into the water. The Plaintiff's right leg was later amputated just below the knee.
The primary disputes were over ownership of the subject crane and, regardless of ownership, what entity provided the crane for the Plaintiff's use. The Defendant was successful in obtaining a final judgment on the issues of ownership and legal duty of care. During the appeal of the final judgment, the Plaintiff rejected a settlement offer in the amount of $500,000.00, and a $300,000.00 cap on the Plaintiff's future workers' compensation benefits. After Mr. Jowanna was successful in having the final judgment reversed by the appellate court, he was able to obtain $2,000,000.00 for the Plaintiff, along with a waiver of a $250,000.00 workers' compensation lien. Accordingly, the net benefit to Mr. Jowanna's client was $2,250,000.00.
Confidential Plaintiff v. Confidential Defendants
In 2012, Mr. Jowanna resolved a confidential medical malpractice, wrongful death claim in favor of his client for $2,090,196.19.
Thomas v. Alpha Homes, Inc.
Reported in the Florida Jury Verdict Reporter at 11 FJVR 8-32.
On February 3, 2007, while returning home from church, the Plaintiffs, Seneque and Edith Thomas, were walking up their driveway and onto a concrete walkway that led to their front door. However, Mr. Thomas' foot came into contact with a sprinkler pipe causing him to fall and strike his head on a concrete wall. The impact caused spinal cord trauma and, soon thereafter, a multi-level surgical fusion was performed.
Mr. Jowanna filed suit against the general contractor and the irrigation contractor for the Plaintiffs' home, which was built and purchased in Pasco County, Florida. The Defendants asserted that the sprinkler at issue was not a dangerous condition; was open and obvious; and that the Plaintiffs' cause of action was barred by the Slavin Doctrine. However, on behalf of the Plaintiffs, it was alleged and asserted that the sprinkler at issue was the wrong type of sprinkler and that it was negligently placed in the wrong location. It was further asserted that the use of the particular sprinkler violated the Pasco County Land Use Code because the area at issue required micro-irrigation and the sprinkler used was not specifically designed for micro-irrigation applications. The case was resolved on April 20, 2011 with the Plaintiffs obtaining $530,000.00 from the Defendants.
Confidential Plaintiffs v. Confidential Defendants
In 2006, the Plaintiff truck driver was driving his rig, on an Interstate highway system within Florida, when his semi-tractor and trailer were struck by another big rig. The impact caused both trucks to leave the road and also caused the Plaintiff's truck to jackknife. As a result of the collision, the Plaintiff suffered from low back pain and was, therefore, unable to return to work as a truck driver.
Mr. Jowanna filed suit against the Defendant truck driver and the trucking company that employed the driver. Mr. Jowanna alleged that the Defendants knowingly violated multiple provisions of the Federal Motor Carrier Safety Regulations, which are safety rules that apply to trucking companies and to truck drivers. In 2008, Mr. Jowanna successfully resolved the case in favor of the Plaintiffs for the sum of $410,000.00.
Peters v. Army Navy Surplus Market, Inc.
The Plaintiffs were traveling on Interstate 275 in their van when they were struck by another vehicle causing a roll-over crash. One Plaintiff suffered a lower back injury requiring a lumbar fusion. The case was resolved with the Defendants paying the Plaintiffs a total of $320,000.00.
Confidential Plaintiff v. Confidential Defendant
The Plaintiff was involved in a motor vehicle accident for which the other driver had no liability insurance. The Plaintiff had cervical surgery and Mr. Jowanna filed suit against the Plaintiff's uninsured motorist coverage insurance carrier. Shortly before trial, in 2009, Mr. Jowanna was able to resolve the claim by obtaining $225,000.00 for his client, the Plaintiff.
Confidential Plaintiff v. Confidential Defendant
The Plaintiff's father had purchased a life insurance policy naming the Plaintiff as the sole beneficiary. The Plaintiff's father had a history of seizures and, therefore, death as a result of seizure or a seizure related accident was excluded from the life insurance coverage. In 2007, the Plaintiff's father struck his head on a bathroom sink and died. The Plaintiff applied for the life insurance and the claim was denied.
Suit was filed against the Defendant life insurance company. The Defendant life insurance company took the position that the Plaintiff's father died as a result of falling due to a seizure and, therefore, the life insurance claim was properly denied. Mr. Jowanna took the position that the Defendant could not prove how or why the Plaintiff's father fell and, therefore, the claim was improperly denied. In 2010, Mr. Jowanna successfully resolved the case in favor of the Plaintiff for the sum of $185,000.00.
Confidential Plaintiffs v. Confidential Defendants
In 2009, the Plaintiff was enjoying the common area of the apartment complex where the Plaintiff lived. While enjoying the waterfront view of the property, the retaining wall the Plaintiff was standing on crumbled and the Plaintiff fell onto the rocks below. As a result of the fall, the Plaintiff suffered a shoulder injury requiring surgery.
Mr. Jowanna made claim against the owner of the apartment complex asserting that the retaining wall at issue was improperly designed, constructed and maintained. In 2010, Mr. Jowanna successfully resolved the claim in favor of the Plaintiffs for the sum of $150,000.00.
Harris v. Lennar Homes, Inc.
Reported in the Florida Jury Verdict Reporter at 00 FJVR 6-34.
Mr. Jowanna filed a class action on behalf of the purchasers of 1,827 homes built and sold by Lennar Homes, Inc., for which Ace Professional Pest Control, Inc. was retained by Lennar to provide pre-construction termite soil treatments. On behalf of the class, Mr. Jowanna alleged that the pre-construction termite soil treatments, required by the building code, were not properly performed on the class members' homes and that, therefore, the building code was violated and implied warranties were breached. On behalf of the class, Mr. Jowanna sought recovery for termite damage to the class members' homes and recovery for monetary losses in the form of payment for the original termite soil treatments (as included in the purchase price of the class homes), as well as the cost of remedial re-treatments and damage repairs.
Mr. Jowanna was able to obtain specific performance for the class members in the form of re-treatments; damage repairs; warranties against future termite infestation or damage; and monetary reimbursements for amounts already paid for the original termite soil treatments (as included in the purchase price of the class homes) and any remedial re-treatments or repairs. In sum, Mr. Jowanna was able to obtain a complete recovery for the class members, and was able to provide the class members with the full benefit of their original contractual bargain with Lennar. Mr. Jowanna was also successful in having Lennar pay all attorney's fees and costs. Therefore, the benefits received by the class members were not reduced, in any amount, for attorney's fees or costs. After notice to the class was performed by both mailing and multiple publications, not a single objection was filed in response to the recovery Mr. Jowanna was able to obtain for the class.
Mr. Jowanna's Representation of Defendants
Palma v. Seven-One-Seven Parking Mgmt. Svs., Inc.
Reported in the Florida Jury Verdict Reporter at 08 FJVR 11-18.
The Plaintiff alleged that, on November 11, 2005, a valet employed by the Defendant was running through a parking garage in Tampa, Florida when the valet struck the Plaintiff on her left side. The Plaintiff contended that the incident was entirely the fault of the valet. On behalf of the Defendant, Mr. Jowanna argued that the incident was the Plaintiff's fault for stepping in front of the running valet and that such a minor impact, which did not even knock-down the Plaintiff, was not the cause of the Plaintiff's claimed injury of cubital tunnel syndrome of the left elbow requiring surgery. After the jury deliberated for only an hour and a half, Mr. Jowanna was successful in obtaining a complete defense verdict for his client - the Defendant.
Namen v. Simon Group, L.P.
Reported in the Florida Jury Verdict Reporter at 04 FJVR 6-38.
The Plaintiff alleged that, on April 13, 2000, she was at an outside entrance of the Paddock Mall in Ocala, Florida when she tripped on an expansion joint between two (2) concrete slabs. The Plaintiff contended that the expansion joint was not properly maintained and, therefore, was a latent and dangerous condition. Mr. Jowanna, for the Defendant mall, maintained that there was nothing wrong with the expansion joint; that the expansion joint was supposed to be there in order to allow the concrete slabs to expand and contract with the changes in climate; and, accordingly, no dangerous condition existed.
The Plaintiff sought recovery for a closed head injury; severe facial bruising with resulting scar tissue; and aggravation of a degenerative condition at C5-6 resulting in a subsequent surgical fusion and discectomy at C5-6. Mr. Jowanna, on behalf of the Defendant, argued that the Plaintiff's spinal surgery was not related to the expansion joint incident; but, was, instead, related to the Plaintiff's preexisting condition and was then aggravated by subsequently being thrown from a horse. Mr. Jowanna was successful in obtaining a complete defense verdict for his client, the Defendant. After Mr. Jowanna's closing argument, the jury took only seventeen (17) minutes to make its decision.
Roberts v. DeBartolo Props. Mgmt., Inc.
Reported in the Southern Reporter at 849 So. 2d 309.
The Plaintiff was a security guard for the JCPenney store in the Tyrone Square Mall located in St. Petersburg, Florida. The Plaintiff was pursuing a shoplifter when he allegedly called mall security for backup. In alleged violation of store policy, the Plaintiff followed the shoplifter into the mall parking lot. As the Plaintiff chased the shoplifter through the parking lot, the shoplifter's accomplice ran over the Plaintiff with the getaway car. As a result, the Plaintiff received severe and permanent injuries.
The Plaintiff alleged that the Defendant was responsible for his injuries because mall security did not respond to his backup call in time to prevent the incident. On behalf of the Defendant, Mr. Jowanna successfully argued to the trial court that the Plaintiff did not have a recognized legal cause of action under Florida law because the Plaintiff was injured by performing the service he was hired to perform, and by attempting to remedy the problem he was hired to correct - namely, providing security service to the store. Mr. Jowanna was successful in obtaining a final judgment in favor of his client, the Defendant. Mr. Jowanna was also successful in having the final judgment, in favor of the Defendant, affirmed by the appellate court.