Practice Area Casualty Defense

Rumberger, Kirk & Caldwell’s Casualty Defense Group represents a large variety of clients in a wide range of matters throughout Florida, including representation of various businesses directly, as well as through insurance companies, TPA’s, and adjusting firms. This group is well-represented in each of RKC’s four offices throughout the state, anchored by experienced litigators to provide cost-efficient defense, including serving as regional and statewide counsel for national retailers and risk pools.

Premises Liability

The Casualty Defense Group represents hotels, restaurants, retailers and theme parks, as well as public housing authorities, in matters ranging from slip and falls to negligent security, false imprisonment and malicious prosecution claims. RKC has litigated against and is familiar with a large number of plaintiff’s firms throughout the state and has appeared in virtually every state, federal, and appellate court within Florida. This Group has also worked with a number of established experts in various fields, such as engineering, medicine, economics and vocational rehabilitation and has litigated against a number of recurring experts who testify for the claimant.

Motor Vehicle Accidents

As Florida’s highways grow more crowded each year, the number of accidents have also grown. Company vehicles and tractor-trailers continue to be attractive target defendants for lawsuits. RKC has defended trucking companies, fleet vehicles, and employees driving company cars, as well as other covered vehicles, in litigation for over 25 years. We have working relationships with accident reconstructionists, biomechanics and other industry-related experts whose assistance in such matters can be invaluable, especially in catastrophic cases.

Representative Work

•  Alaimo v. Home Depot USA, Inc., Circuit Court for Lee County, Florida (April 1, 2005).  Plaintiff, Anthony Alaimo, claimed a carpet cutting machine bumped him in the back.  He ultimately underwent a lumbar fusion surgery, and claimed the incident rendered him 100% disabled. The jury, however, found no negligence on the part of Home Depot or its employees that legally caused Plaintiffs’ injury and damages, and entered a defense verdict.

•  Cardona v. Daytona Beach Housing Authority (Volusia County).  Defense verdict in a premises liability case in which the plaintiff was seriously injured by a limb fallen from a tree on the defendant’s property.

• Coleman v. Greyhound (Alachua County).  Summary judgment for defendant in case involving allegations of intentional conduct by an employee in the course and scope.

•  Rizzotto v. J & J Baker Enterprises (Martin County).  Successful resolution of case after three days of trial in trucking accident.

•  Redinger v. Alvey Systems (Orange County).  Defense verdict for conveyor manufacturer in case involving serious arm injury to a warehouse employee.

•  Wozniak v. Florida Power Corp. v. American Television & Communications Corp. (Orange County).  Summary judgment for third-party defendant sued on a claim for contractual and common law indemnity with an attorneys’ fee provision.