No one came forward. The Avila family took to the television and newspapers, seeking information about the accident, but had no luck. The Florida Highway Patrol investigated, and then closed the case as they were unable to determine the metal’s origin. Ms. Avila’s daughters and son, Fernanda, Renata and Cicero, hired attorney Marc A. Wites of Wites & Kapetan, P.A., and months later the law firm solved the mystery.

The firm discovered that in the early morning of February 17, Tarmac America, a concrete block manufacturer, had packaged for shipment thousands of the unique metal plates at its Melbourne plant and then loaded the cargo onto several flat-bed tractor trailers, and that the trucks then headed south on I-95 toward Fort Lauderdale. Tarmac produced a surveillance video showing the trucks, and disclosed that it had sold the plates to a scrap metal company called IGM, which in turn disclosed that it had hired trucking company EM Transfer to transport the cargo.

The Avila family filed a wrongful death lawsuit against the 3 companies in late 2004. Along the way, the scrap metal company settled with the family, as did the trucking company. The Avila family went to trial against the remaining defendant, Tarmac. They argued that Tarmac was negligent in failing to properly package the cargo of metal plates for shipment, by either failing to secure the metal plates to the wooden pallets on which they stacked, or by securing the metal plates to the pallets with banding that Tarmac knew was not strong enough to contain the plates during highway transportation on a truck. Mr. Wites argued to the jury that Tarmac’s failure to properly package the cargo resulted in the metal plate coming off the truck and killing Ms. Avila.

On September 17, 2008, after an 8-day trial in Palm Beach County Circuit Court, the jury agreed and returned a verdict of $6,098,000. The jury apportioned 28% of the liability to the remaining defendant, Tarmac. The verdict, which included $2,000,000 in damages for pain, suffering and loss of parental support to each of Ms. Avila’s three adult children, and medical expenses, will be reduced by the 72% of liability the jury apportioned to the trucking company.

Lead trial attorney Marc Wites said that the family was relieved that the case is finally over, and is grateful for the opportunity to have their day in court. While it obviously won’t bring back their mother, the family feels that the verdict recognizes Tarmac’s role in the incident, and they are hopeful that the case will send a message to those that package and transport cargo to consider the public’s safety before sending their cargo on America’s highways.

Repeatedly during the flight, one American Airlines employee called Mr. Nobre a “monkey” in Portuguese and made monkey-like sounds while performing physical movements associated only with the behavior of a monkey. In addition, Mr. and Ms. Bombom were prohibited from standing up and stretching their legs on the flight, and were ignored when pressing the “Help” call button above their seats. Upon landing in Rio de Janeiro, Mr. Nobre and Ms. Bombom waited for the other passengers to deboard before they did so. After exiting the airplane, the employees berated Mr. Nobre and Ms. Bombom for taking too long to deboard, and again called Mr. Nobre and Ms. Bombom “monkeys” in Portuguese and threatened physical harm. One flight attendant took an aggressive boxing stance and repeatedely attempted to provoke Mr. Nobre and Ms. Bombom to fight him. While in this position, the employee removed a sharp metal pen from his pocket and stabbed Mr. Nobre’s producer, Ivan Correa, Jr., causing puncture wounds to Mr. Correa’s skin.

In light of the injuries suffered by Mr. Nobre, Ms. Bombom and Mr. Correa, Wites & Kapetan, P.A. was retained to file suit against American Airlines. Wites & Kapetan has filed a lawsuit on their behalf against American Airlines. The parties brought their action under Title VI of the Civil Rights Act of 1964 asserting claims of intentional discrimination based upon the parties’ race, color and/or national origin, as well as claims of discriminatory practices on behalf of American Airlines employees resulting in humiliation, shame, despair, embarrassment and mental pain and anguish.

Marc Wites announced the release of the 12^th edition of the Florida Litigation Guide on July 15, 2009.  The Guide, which is available www.flalitguide.com, lists the elements of popular common-law causes of action, and the most recent state and federal court cases that cite the elements of each action. On the page opposing the listing of each action’s elements and case citations, the Guide provides both defenses to each cause of action. The Guide, which will easily fit in your briefcase or desk drawer, is an invaluable tool for litigation and transactional attorneys.

No longer need young lawyers feel frustrated when a senior partner requested to “quickly” find the most recent Florida Supreme Court case citing the elements required to obtain a temporary injunction for a partner’s emergency motion. Experienced lawyers will also benefit from the ease at which they will locate information used in daily practice. From drafting complaints and answers, to motion practice, jury instructions and appeals, the Guide will be your starting and end-point for the research needed to build the cornerstones of your cases.

Ms. Schulman, who was 53 when the account was opened, argued that Brookstreet failed her by recommending a risky, complex portfolio comprised almost entirely of CMOs, which Brookstreet marketed to her as a conservative investment that would yield income and was as safe as a bank CD. Ms. Schulman had very limited investment experience, and clearly told her broker that she wanted only very conservative investments and did not want to lose any money.

Ms. Schulman’s lawyer, Marc A. Wites of Wites & Kapetan, P.A., in Lighthouse Point, Florida, argued that Stanley Brooks should be held jointly and severally liable because Brooks’ directed his firm to engage in a company-wide scheme to misrepresent and promote CMOs as safe, conservative investments, and that Brooks and the firm knew that they were volatile, risky and suitable only for sophisticated investors.

CMOs are highly complex and volatile investments suitable only for sophisticated investors. In a 1993 notice to its members, FINRA (which was then known as the National Association of Securities Dealers or NASD) pronounced that CMO positions like the ones sold to Ms. Schulman are volatile, and suitable only for sophisticated investors with high risk profiles. Ms. Schulman’s Brookstreet account declined in value within months after it was opened in September 2005, and it never recovered.

According to Mr. Wites, the case was the first in the nation concerning Brookstreet’s CMO Program to reach the final arbitration hearing, which is the equivalent of a trial. He added, though, that unlike Mrs. Schulman’s case, the dozens of other cases against Brookstreet were brought by investors who allege that they were fraudulently induced to purchase unsuitable CMOs and suffered losses caused, in part, by margin calls that led to the ultimate demise of Brookstreet in June 2007. Ms. Schulman’s account was not subject to any margin calls, and was closed before Brookstreet went under.

The Arbitration Panel also found that Brookstreet and Mr. Brooks failed to comply with discovery requests and orders of the Panel, and sanctioned them $15,000. As additional sanctions, the Panel ordered them to pay Ms. Schulman’s attorney’s fees, and to pay all of the hearing session fees charged by FINRA to run the arbitration, which totaled $20,400.

No one came forward. The Avila family took to the television and newspapers, seeking information about the accident, but had no luck. The Florida Highway Patrol investigated, and then closed the case as they were unable to determine the metal’s origin. Ms. Avila’s daughters and son, Fernanda, Renata and Cicero, hired attorney Marc A. Wites of Wites & Kapetan, P.A., and months later the law firm solved the mystery.

The firm discovered that in the early morning of February 17, Tarmac America, a concrete block manufacturer, had packaged for shipment thousands of the unique metal plates at its Melbourne plant and then loaded the cargo onto several flat-bed tractor trailers, and that the trucks then headed south on I-95 toward Fort Lauderdale. Tarmac produced a surveillance video showing the trucks, and disclosed that it had sold the plates to a scrap metal company called IGM, which in turn disclosed that it had hired trucking company EM Transfer to transport the cargo.

The Avila family filed a wrongful death lawsuit against the 3 companies in late 2004. Along the way, the scrap metal company settled with the family, as did the trucking company. The Avila family went to trial against the remaining defendant, Tarmac. They argued that Tarmac was negligent in failing to properly package the cargo of metal plates for shipment, by either failing to secure the metal plates to the wooden pallets on which they stacked, or by securing the metal plates to the pallets with banding that Tarmac knew was not strong enough to contain the plates during highway transportation on a truck. Mr. Wites argued to the jury that Tarmac’s failure to properly package the cargo resulted in the metal plate coming off the truck and killing Ms. Avila.

On September 17, 2008, after an 8-day trial in Palm Beach County Circuit Court, the jury agreed and returned a verdict of $6,098,000. The jury apportioned 28% of the liability to the remaining defendant, Tarmac. The verdict, which included $2,000,000 in damages for pain, suffering and loss of parental support to each of Ms. Avila’s three adult children, and medical expenses, will be reduced by the 72% of liability the jury apportioned to the trucking company.

Lead trial attorney Marc Wites said that the family was relieved that the trial was over, and was grateful for the opportunity to have their day in court. While it obviously won’t bring back their mother, the family feels that the verdict recognizes Tarmac’s role in the incident, and they are hopeful that the case will send a message to those that package and transport cargo to consider the public’s safety before sending their cargo on America’s highways.

The City of Delray Beach, Florida, has several youth football teams that participate in the South Florida Youth Football League (SFYFL), and through the City such Teams are members of the SFYFL. The Delray Rocks 80 lb Team is a member of the League and, according to SFYFL By-Laws, it may be comprised of players that are ages 8 and 9, provided only that they do not turn 10 during the season. Max Brodsky, Arthur Guerra, Thomas Moustakis, Tyrese Worthy, Deondra Smith, Sam Steinhardt, Anthony Williams, Dwayne Randolph, and Travon Trice, all of whom are or will turn 9 during the football season, and all of whom weigh 80 lbs or less (the vast majority weigh less then 70 lbs), relied on this By-Law in registering for the Team.

The Team began practicing on July 1, 2008, and practiced 5 days per week. In early July, 2008, the Team’s Head Coach, Jason Brodsky, was informed by the SFYFL that the league has an “unwritten rule” that mandates that all 9-year olds play on the 90 lb team, regardless of weight and without exception, and that the Football Players would not be allowed to play.

According the families, the League was refusing to abide by the plain language of the By-Laws. Marc Wites explained that the Football Players were properly registered and qualified to play on the Team, as they were the correct age and weight. And, the Football Players reasonably relied on the SFYFL By-Laws in choosing to register for the Team, in choosing to not register or play for any other youth football team. Moreover, for virtually all of these players, moving up to the 90 lb team would not be a reasonable or safe option, as they weigh too little in comparison to the typical 90lb team player.

Delray Rocks Head Coach Jason Brodsky and Marc Wites, on behalf of the Football Players, asked that the SFYFL honor its By-Laws and allow the Football Players to play. The SFYFL refused this request, and maintained that the Football Players could not play. After many weeks of attempting to reach a resolution with the League without resorting to litigation, there was no choice but to file a lawsuit, as the League refused to change its position. Soon after filing the suit and an emergency motion seeking injunctive relief that asked the Court to order the League to allow the boys to play, the League relented and allowed the boys to play on the Team.

Wites & Kapetan was honored to represent the players and their families, and applauds the SFYFL for making the right decision and allowing the boys to play ball this season.