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Appellate Results

For decades, The Ferraro Law Firm’s landmark appellate victories have shaped Florida’s product liability and toxic tort jurisprudence, along with the manner in which science is admitted into Florida courtrooms. Over this time, the firm’s appellate practice has achieved unmatched success.

BERDEAUX V. EAGLE-PICHER INDUS., INC., 575 SO. 2D 1295 (FLA. 3D DCA 1991)

In 1991, the firm secured a reversal from the Third District Court of Appeal, which held that the trial court’s dismissal of nine asbestos-litigation plaintiffs was erroneous.

SALOZZO V. WAGNER SPRAY TECH CORP., 578 SO. 2D 393 (FLA. 3D DCA 1991)

In 1991, the firm secured a reversal from the Third District Court of Appeal, which held that expert testimony was not required to permit a jury conclusion that warnings provided on a spray gun were inadequate, improperly located, or both.

DIAZ V. SOUTHEAST BANK, N.A., 595 SO. 2D 228 (FLA. 3D DCA 1992)

In 1992, the firm secured a reversal from the Third District Court of Appeal, which held that the trial court erroneously granted final summary judgment in a negligence action against Southeast Bank, N.A.

W.R. GRACE & CO. V. PYKE, 661 SO. 2D 1301 (FLA. 3D DCA 1995)

In 1995, the firm prevailed in an appeal in an asbestos case involving a $1,055,000 jury verdict entered in favor of the plaintiff, who contracted asbestosis.

OWENS-CORNING FIBGERGLAS CORP. V. CORCORAN, 679 SO. 2D 291 (FLA. 3D DCA 1996)

In 1996, the firm won an appeal in which the Third District Court of Appeal affirmed a $6.25 million compensatory award in a mesothelioma case, which was the largest award of its kind in Florida at the time.

SNOOZY V. U.S. GYPSUM CO., 695 SO. 2D 767 (FLA. 3D DCA 1997)

In 1997, one of the firm’s lawyers won an appeal in an asbestos case before the Third District Court of appeal, which affirmed the jury verdict entered in favor of the plaintiff, finding that the trial court correctly directed the verdict on the manufacturer’s Fabre affirmative defense, and remanded for an additional trial on damages for the victim’s children.

OWENS-CORNING FIBERGLAS CORP. V. MCKENNA, 726 SO. 2D 361 (FLA. 3D DCA 1999)

In 1999, the firm won an appeal in which the Third District Court of Appeal affirmed a $5 million jury verdict in an asbestos case against Owens-Corning Fiberglas Corp.

LAGUEUX V. UNION CARBIDE CORP., 861 SO. 2D 87 (FLA. 4TH DCA 2003)

In 2003, the firm prevailed in an appeal from an asbestos verdict in the Fourth District Court of Appeal. Although the firm secured a jury verdict in favor of the plaintiff, the firm challenged the trial court’s decision to allow Union Carbide to apportion fault to non-parties Johns-Manville and Philip Carey. The Fourth District reversed that decision, and enlarged the plaintiff’s recovery on appeal. In addition, the Fourth District rejected Union Carbide’s cross-appeal.

UNION CARBIDE V. KAVANAUGH, 879 SO. 2D 42 (FLA. 4TH DCA 2004)

In 2004, the firm prevailed in an appeal before the Fourth District Court of Appeal, which affirmed the $1,153,000 final judgment awarded to the plaintiff in a product liability asbestos case. The Court rejected Union Carbide’s argument that, as a bulk supplier of asbestos, it had no affirmative duty to warn ultimate users of the dangers of asbestos.

FOX V. UNION CARBIDE CORP., 910 SO. 2D 422 (FLA. 4TH DCA 2005)

In 2005, the firm prevailed in an appeal before the Fourth District Court of Appeal, which reversed the trial court’s dismissal of the plaintiff’s lawsuit on forum non conveniens grounds.

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