Recent News

2008 has been one of the most successful years for the law firm of Berke & Lubell, PA and their clients. Attorney Evan Lubell has already obtained two seven figure jury verdicts for his clients and many other favorable settlements as well. In July 2008, Mr. Lubell concluded a four day trial in Lee County on behalf of his client who had been seriously injured when she slipped and fell in a chicken grease spill in front of a rotisserie chicken display in a North Fort Myers Wal-mart store. Wal-mart denied liability for the claim and vigorously defended the claim for several years. Mr. Lubell refused to settle the claim for less than its true full value as his client had sustained severe cervical spine injuries requiring multiple surgeries and implantation of a permanent titanium cage in her neck. The jury returned a verdict for one million dollars in favor of the plaintiff. The jury found Wal-mart to be 100% at fault for the incident. It is believed that this is the largest slip and fall verdict ever awarded by a Lee County jury and one of the only jury verdicts ever in Lee County where a plaintiff in a slip and fall case was found entirely free of any comparative negligence.

In October 2008, a jury rendered a verdict of $2.1 million dollars for the parents of a six year old girl who suffered a severe traumatic brain injury after a television set was negligently dropped on her head by a maintenance worker at an apartment complex. Mr. Lubell litigated the case for several years and retained some of the most experienced child brain injury experts from around the country to explain to the jury the devastating consequence of his client’s injuries. The trial lasted six days.

Mr. Lubell has also settled several cases this year for amounts which were well in excess of the insurance policy limits of the at fault parties. Mr. Lubell successfully argued in these cases that the at-fault insurance company had failed to settle these claims within their policy limits when they could have and should have done so had they been acting fairly to their insureds. As a result of proving the bad faith actions on the part of the insurance companies Mr. Lubell was able to recover his clients’ full measure of damages, despite the sometimes inadequate insurance coverage.

Mr. Berke, a board certified workers compensation attorney, settled a claim for a client who had been rendered a quadriplegic as a result of a tragic work related accident. Mr. Berke’s client had been working as a road ranger assisting driver’s of disabled vehicles on the highway. His client had his tow truck legally parked on the shoulder of the roadway, with all the proper warning cones set up, when a driver who was speeding and not paying attention, drove off the road and struck him while he was standing outside of his vehicle. Although, his client suffered catastrophic injuries, as a result of Mr. Berke’s hard work and dedication his client will never have to worry about his future medical expenses and wage loss. Mr. Berke obtained a settlement in excess of six million dollars for his client and has helped his client properly invest the money to ensure that all of his future needs will be met.