1 Law Offices of Gary, Williams, Finney, Lewis, Watson and Sperando, P.L. Update Willie Gary and Team Awarded $2 Million Verdict Against Ethan Allen Global, Inc. Photo by Alex Boerner, ALEX BOERNER Stuart attorney Willie Gary addresses the jury while cross-examining Farooq Kathwari, far right, the CEO of Ethan Allen Furniture during the trial at the Martin County Courthouse in Stuart. Gary is representing Nic and Jo-Ann Mariano, who operated Ethan Allen stores in Melbourne, Vero Beach and Stuart, and are suing Ethan Allen for breach of contract after the furniture company terminated their relationship in 2007 Willie Gary, along with partners CK Hoffler and Manny Socias and associate attorney Paul D. Mark Lucas, were awarded a $2 million verdict and netted $1.5 million plus attorneys fees, on behalf of their clients Nicholas and Jo-Ann Mariano and their company Treasure Coast Interiors, Inc. Throughout the course of a two-week trial, Gary and team proved that Ethan Allen breached its contractual relationship with Treasure Coast Interiors when it acted in bad faith by terminating Treasure Coast Interiors, Inc. after 14 years without giving reasonable notice. After roughly 9 hours of deliberations, the Jury returned a verdict in favor of Gary s clients, the Marianos and Treasure Coast Interiors. The Jury determined that Ethan Allen should have provided Treasure Coast Interiors with a two-year notice period upon termination. Lorenzo Williams Arnold S. Gaines Partner Lorenzo Williams and Attorney Arnold Gaines obtain Multi-Million Dollar Settlement for Registered Nurse Practitioner A registered nurse practitioner was driving her sports utility vehicle eastbound on a main road in a small south Florida town. At the same time, a truck operator was maneuvering a Freightliner tractor trailer. While attempting to make a u-turn, the truck operator left the rear end of the truck s trailer sticking out into the eastbound lane of traffic, just in front of the SUV. The SUV slid underneath the trailer and the vehicle was totaled. After being hospitalized for nearly 50 days and undergoing 30 surgical procedures, the nurse s left hand was left permanently deformed and she, therefore, was unable to return to work. Our client also suffered a closed blunt head injury and traumatic brain injury, multiple fractures, hematomas, liver lacerations and bilateral adrenal hemorrhages. The defendant company denied responsibility for the accident and defended the case by arguing that the plaintiff was legally blind at the time of the incident and did not see the tractor trailer. They also contended that the plaintiff had a Georgia driver s license and the vision requirements in Florida are stricter than in Georgia. Finally, the defense asserted that the black box data showed that the plaintiff made no attempt to brake. Lorenzo Williams and Arnold Gaines countered that the accident was caused by reckless conduct of the truck driver who failed to operate the vehicle in a safe manner, failed to be attentive to the flow of traffic, failed to keep proper control of the vehicle and failed to observe the traffic to avoid the collision. Attorneys Williams and Gaines proved that the defendant was making an illegal u-turn at the time of the incident and unexpectedly backed the trailer into oncoming traffic.
2 Settlement in Multi-Million Dollar Medical Malpractice Claim for Permanently Brain Damaged Child Willie E. Gary Willie Gary along with attorney Maryann Diaz recently reached a confidential settlement in a medical malpractice case against medical providers who failed to properly diagnose and treat a five year-old child with Sickle Cell disease. It was subsequently determined that the young child had suffered a stroke resulting in permanent profound brain damage. The child is completely dependent on her family for all her daily needs and will require around the clock care for the remainder of her life. The Law Firm Extends A Warm Welcome to its Newest Employees Lisa Bridgeman - Human Resources Coordinator based in Stuart, Florida Patty Hesser - Legal Assistant based in Stuart, Florida Audrey Schmick - Legal Assistant based in Orlando, Florida After nearly 8 years of hard fought Maryann Diaz litigation and being told by other law firms that the case had no merit; Gary and Diaz were able to obtain a settlement for the child which will allow her mother to provide for all her daily needs and provide her with optimum medical care and treatment to significantly increase her quality of life. Trial Attorney Willie Gary and Team File $5 Billion Lawsuit against SUBWAY s Co-Founder and President, Fred DeLuca, for Breach of Contract, Fraudulent Conduct and Bad Faith Dealings Willie Gary along with his law partners Maria Sperando, CK Hoffler and Manny Socias filed a $5 billion lawsuit on behalf of Anthony V. Pugliese III and his business against the Co-Founder and President of SUBWAY, Fred DeLuca. Anthony V. Pugliese III and Fred DeLuca were partners who worked together on two major business ventures including the acquisition of roughly 41,000 acres of land, arguably, one of the largest single land and development acquisitions in the state of Florida, rivaling the acquisition of the Walt Disney properties in Orlando. The lawsuit contends that Fred DeLuca and his company FD Destiny, LLC, engaged in a fraudulent and deceptive scheme designed to take Anthony Pugliese s interest and financial investment in the multi-billion dollar business venture. Attorney Willie Gary (left) along with his client Anthony Pugliese (at podium) and his law partners Maria Sperando (second from right) and CK Hoffler (far right) announce the filing of a $5 billion lawsuit against SUBWAY s Co- Founder and President, during a press conference The lawsuit claims that SUBWAY s Co-Founder and President, Fred DeLuca is guilty of breach of contract, fraudulent conduct and bad faith dealings, among other things, in regards to his business dealings with Anthony Pugliese. 2
3 Pre-Suit Wrongful Death Claim Settled A 53-year-old sky cap for Northwest Airlines went to an outpatient surgery center in Orlando, Florida for an elective endoscopy for uncontrolled hiccups on February 8, Approximately 40 minutes after the endoscopy began, the client was rushed by ambulance to the hospital in a coma. During the endoscopy he suffered cardiac arrest, and neither the anesthesiologist nor the surgery center s nurses performed CPR in a proper and timely fashion. It was only when the paramedics arrived that the client was properly defibrillated. Our client suffered cardiac arrest because of the negligence of the anesthesiologist and the surgery center s nurses. The anesthesiologist did not perform a proper preoperative evaluation of the client, ordered an inappropriate administration of Labetalol to him, inadequately monitored him during and after general anesthesia, improperly induced him with Propofol, and improperly administered rapid bolus injections of Propofol. The nurses improperly administered the Labetalol to him. Maria Sperando The client remained in an irreversible coma for almost two years until he died in January, He left behind a grieving wife and three children. Maria Sperando settled with the surgery center and anesthesiologist before a lawsuit was served for a total of $1.25 million. Attorneys Recognized as 2010 Florida Super Lawyers and 2010 Rising Star by Florida Super Lawyers Florida Super Lawyers magazine has recognized Willie Gary and Linnes Finney, Jr. as two of the top attorneys in the state of Florida. Gary was honored in the practice area of personal injury plaintiff - medical malpractice and Finney was honored in the category of personal injury plaintiff general. Both Gary and Finney are nationally-known litigators who have achieved landmark verdicts and settlements on behalf of their clients. The two have been law partners for over 25 years. The magazine also named Jason L. Williams as one of the 2010 Florida Rising Stars in the practice area of general personal injury plaintiff. Super Lawyers 2010 Florida Rising Stars is the listing of top lawyers who are 40 years old and younger or who have been practicing for 10 years or less. For the last 10 years, Williams has been an attorney in the law firm of Gary, Williams, Finney, Lewis, Watson and Sperando, P.L., in Stuart, Florida and has been responsible for overseeing cases in the areas of wrongful death, personal injury and other civil litigation matters. Mr. Williams received his B.A. from the University of Florida and his law degree from the University of Kentucky College of Law. He is a member of the Florida Bar and holds membership in the National Bar Association, Florida Justice Association, Caribbean Bar Association, Martin County Bar Association and the Palm Beach County Bar Association. He has served on the boards of many community organizations and has received numerous recognitions and honors. Firm Obtains Settlement on Behalf of 40 Year-Old Wife and Mother of Three A 40 year-old wife and mother of three was admitted to a hospital in Fort Lauderdale, Florida on July 1, 2005, experiencing symptoms of weakness, dizziness, and a rapid heart rate. The client s symptoms progressively worsened over a period of almost two weeks, yet the doctors and nurses failed to investigate and determine what was causing her illness. She died on July 14, 2005, while still in the hospital. Hours before the client s death, when there was still time to save her life, a CT scan was ordered because her condition was seriously deteriorating. However, the physician failed to order the CT scan to be done immediately. By the time it was done- -seven hours later during which time our client remained in severe distress-- our client endured cardiac arrest. Even after a test showed that the client may have been suffering from a blood clot, and it was noted that she was having difficulty breathing and was going into cardiogenic shock, no physician saw her and none of the life-saving treatments that more than likely would have saved her life were ordered. Maria Sperando and Willie Gary settled with the treating internist, treating cardiologist, and the hospital for more than $1 million. 3
4 Trial Attorney Willie Gary Joins Panel Discussion with World Renown Litigators during American Bar Association s Annual Continuing Legal Education (CLE) Conference The Premier CLE Event for Litigators New York - Willie Gary recently participated in a panel discussion with some of this nation s most talented and well-known litigators during the American Bar Association s (ABA) Annual Continuing Legal Education (CLE) Conference. Known for delivering top-notch panels, seminars and great attendance, the conference is often referred to as the premier CLE event for litigators. This year s conference took place at the Hilton New York in Manhattan. Willie E. Gary Gary, along with attorneys Robert S. Bennett, Hogan & Hartson, LLP; David Boies, Boies, Schiller & Flexner, LLP; and, Robert Morvillo, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. joined forces for a panel discussion entitled: Great Openings and Closings By the Lawyers who Gave Them. The Honorable Denise Cote, U.S. District, Southern District of New York, served as the moderator for the seminar. The panel was assembled and organized by attorney David Soley, Bernstein, Shur, Sawyer and Nelson, P.A. Federal Judge Denise Cote David Boies Robert S. Bennett A crowd of 1000 litigators from all over the country filled the ballroom in anticipation of the program. David Boies talked briefly about the hallmarks and pitfalls of opening statements and then gave an excerpt from an actual opening statement he delivered. Boies was followed by Robert Bennett who described the United States v. Helio Castroneves tax evasion trial against the famous race car driver in Miami and gave a short citation from his opening statement during the trial. Judge Cote then switched the focus of the panel to closing statements and Robert Morvillo spoke about his well-known lawsuit wherein he represented Martha Stewart in United States v. Martha Stewart. Gary closed out the program and discussed key points in delivering an excellent closing argument, including the use of visual aids. The crowd was in awe as Gary recited a ten-minute passage of the actual closing argument he delivered in the O Keefe v. Loewen Group, Inc. case which rendered a half-billion dollar jury award. Willie Gary and the Gary Foundation Launch Annual Holiday Toy Drive WHO: The Gary Foundation WHAT: Annual holiday toy drive. Collected toys will be used to provide holiday cheer to less fortunate youth at the 11h Annual Willie Gary Kids Carnival. During the carnival, children are treated to toys and carnival games, rides, cotton candy, face painting and a visit from Santa and Mrs. Claus. The Gary Foundation is collecting new toys in original packaging and monetary donations of any amount. WHERE: Toys and monetary donations may be mailed or hand delivered to: The Gary Foundation c/o Kids Carnival Toy Drive 221 SE Osceola Street Stuart, Florida or WHEN: Toys and donations should be received no later than Friday, December 3, 2010, in time for the Kids Carnival on Thursday, December 16,
5 Attorney Willie Gary Delivers Message of Inspiration and Encouragement during Family and Friends Day at Bountiful Blessings Church of God Willie E. Gary Honored with Gertrude E. Rush Award during the National Bar Association s Mid-Year Conference and 30th Annual Award Gala in St. Louis Willie Gary signs an autograph for a young girl after speaking at Bountiful Blessings Church of God Willie E. Gary recently served as the keynote speaker at Bountiful Blessings Church of God s Family and Friends Day in Sebring, Florida. Community members, elected officials, business leaders and clergy attended the special church service to celebrate and recognize the importance of family and close friends. Held at the newly constructed, state-of-the-art church, more than 500 people listened attentively as Gary spoke on the topic of The Family and the Church. Gary encouraged attendees to value their respective families and to worship together as often as possible. Gary was accompanied by his wife Gloria and son Ali. Willie Gary Motivates Students at Eustis Heights Elementary School to Be the Best During Educational Pep Rally Gary spoke to over 300 boys and girls in the third, fourth and fifth grades, in an effort to motivate them to strive for academic excellence. Gary emphasized the importance of good attendance, working hard in school and persevering despite difficult circumstances. He spoke of his struggles growing up poor as the son of migrant workers and the integral role education has played in his success. Like Gary, many of the students at Eustis Heights Elementary School come from depressed living conditions and economically disadvantaged circumstances. Willie Gary (second from right) poses with other Gertrude E. Rush Award honorees (left to right): Robert E. Wilson III, son of Margaret Bush Wilson, Civil Rights Attorney & Past Chairwoman of the NAACP; Cleota Proctor Wilbekin, NBA Historian Emerita, President of the National Association of Bench & Bar Spouses Foundation; Paulette Brown, Esq., Partner & Chief Diversity Officer of Edwards, Angell, Palmer, & Dodge, LLP and past NBA President; and the Honorable Charles Shaw, Senior United States District Judge Trial Attorney and Philanthropist Willie Gary Named to World Literacy Initiative Board Willie E. Gary has accepted an invitation to join the board of directors of World Literacy Initiative, an international private, non-profit organization that works to improve literacy and basic education. Through the years, Gary has been an advocate for literacy and education and has provided numerous educational opportunities for disadvantaged youth. World Literacy Initiative has been working to end illiteracy and unproductive education in developing countries since 2000 and has focused its work thus far in sub-saharan countries. Attorney Gary stops for a photo with Kristin Svenson (second from right), guidance counselor; Maurice Simmons, 5th grade teacher (far right); Attorney Charles Emanuel (left); and students from Mr. Simmons 5th grade class Students from Eustis Heights Elementary School thank Mr. Gary for visiting their school Getting a man of Mr. Gary s great stature on our board will help tremendously to raise people s awareness of this problem and the solution alternatives that are available, but which have not yet been tried, said Janice Heckler, Executive Director of World Literacy Initiative. 5
6 Prominent Attorney and Humanitarian, Willie E. Gary Serves as the Keynote Speaker at Spady Cultural Heritage Museum s Legacy of Champions Luncheon Willie E. Gary recently served as the keynote speaker at the Spady Cultural Heritage Museum s Legacy of Champions luncheon in Delray Beach, Florida; the organization s marquis fundraising event. Gary honored the work and legacy of the Spady Museum and applauded the Museum s Founder, Vera Farrington and the Executive Director, Daisy Fulton, for their tireless efforts to preserve the historical contributions of African Americans in Palm Beach County, Florida. Proceeds from the luncheon will benefit the museum s children s programs. Attorney Willie Gary (center) is greeted by students from Carver Middle School in Delray Beach, Florida; Daisy Fulton, Executive Director (second from left); and Vera Farrington, Founder & President Trial Attorney Willie E. Gary Delivers Keynote Address during Dade County Bar Association s General Membership Luncheon Willie E. Gary recently served as the keynote speaker during the Dade County Bar Association s monthly General Membership Luncheon in Miami, Florida. The event, which was sponsored by the Dade County Bar Association, was held in conjunction with the Professionalism, Ethics and Diversity seminar and was open to all attorneys and judges in the Miami area. Willie Gary (center) is greeted by Attorney Steve Davis (left) and Dade County Bar Association President Steven Befera (right) Gary addressed a packed audience of nearly 200 lawyers, judges, paralegals and law students. Gary shared his personal story of triumph despite growing up as migrant worker, and motivated the audience to use their knowledge and expertise to help shape society and to make a positive impact in the lives of those who are less fortunate. In addition, Gary urged the lawyers and judges in attendance to reach back and help future lawyers by sharing their time, talent and resources. At the conclusion of Gary s remarks, audience members rose to their feet with applause! Willie E. Gary Serves as Keynote Speaker at the National Black Caucus of State Legislators Humanitarian Awards and Opening Breakfast Willie E. Gary recently served as the keynote speaker at the National Black Caucus of State Legislators (NBCSL) 33rd Annual Legislative Conference in Fort Lauderdale, Florida. Gary honored the work and legacy of the NBCSL during his remarks at the Humanitarian Awards and Opening Breakfast, where he addressed over 300 African American state legislators hailing from over 42 states, the District of Columbia and the Virgin Islands. Attorney Willie Gary (second from right) is greeted by Sen. Arthenia Joyner (FL) (second from left) and Rep. Calvin Smyre (GA) (center) and other members of the National Black Caucus of State Legislators 6
7 Law Firm and Gertrude Walden Child Care Center Provide and Serve Meals to Over 1100 Needy Families Employees team up with Gertrude Walden Child Care Center employees to serve meals to underprivileged families from the local community Employees of the Law Offices of Gary, Williams, Finney, Lewis, Watson and Sperando, P.L. recently partnered with Gertrude Walden Child Care Center in Stuart, Florida to provide meals to disadvantaged families from the community. The Gary Law Firm sponsored the cost of the meal as well as assisted the employees from the Gertrude Walden Child Care Center in preparing the delicious, down-home meal complete with turkey, ham, mashed potatoes and gravy, green beans, carrots, dressing, dinner rolls and cake! Together, over 25 employee volunteers from the law firm and the child care center served the meals to families from the local community. Partners Donald Watson and CK Hoffler keep busy as the line of people waiting for meals continues to swell Willie Gary Delivers Keynote Address to Langston University s Graduating Class of 2010 Willie E. Gary recently visited the campus of Langston University in Langston, Oklahoma to serve as the keynote speaker for the 2010 Commencement Exercises. Gary addressed parents, relatives, faculty, administration and most importantly, the graduates on the topic of preparing themselves for life outside of the classroom and beyond the college campus. Gary spoke at W.E. Anderson Stadium on Langston s campus to an attentive audience of nearly 5,000 people where 539 of the best and brightest graduates received their hard-earned college degrees. Gary praised the graduates for achieving academic excellence and challenged them to continue to set goals, dream big and support their alma mater. Gary also encouraged the graduates to strive for the very best in life, to lead by example and to become role models. Dr. JoAnn Haysbert, Langston University President, presents Willie Gary with the Distinguished Service Award following his commencement address to Langston University s graduating class of 2010 Gary Delivers Commencement Address at JD Clement Early College High School Willie Gary addressed nearly 80 graduates at JD Clement Early College High School in Durham, North Carolina, in an attempt to motivate them to strive for academic excellence. Gary served as the keynote speaker for JD Clement High School s 2010 Commencement Exercises. Attorney Willie Gary (third from right) poses (l to r) with Principal Kendra O Neal-Williams; 2010 graduate Alexandria Clemmons; School Counselor Crystal Lucas; College Liaison Carmen Dorsey; and Dean of Students Natasha Godwin The 2010 JD Clement Early College High School Seniors give Attorney Gary a standing ovation following his commencement address 7
8 Willie Gary and Lorenzo Williams Present Making A Difference Awards to Award-Winning Gospel Artist Deitrick Haddon, Shaw s Interim President Dr. Dorothy Cowser Yancy and Others Willie Gary along with his law partner, Lorenzo Williams recently hosted the Annual Shaw University Day Brunch in Raleigh, North Carolina. Gary and Williams are both Shaw University alumni and currently serve on the Shaw University Board of Trustees. Dr. Dorothy Cowser Yancy (center), Interim President of Shaw University is all smiles after receiving a Making a Difference award from Willie Gary (right) and Lorenzo Williams (left) Shaw University Board of Trustees member, Lorenzo Williams (far left) and Chairman of the Shaw University Board of Trustees, Willie Gary (far right) present a Making a Difference award to gospel music artist, Damita Haddon Over 1000 people including Shaw University students, faculty, staff, alumni and supporters eagerly anticipated the annual event by assembling in the lobby of the new Raleigh Marriott City Center hours before the start of the program. Guests enjoyed live music by the Heart and Soul band that played a lively variety of rhythm and blues, gospel and oldies but goodies. Attendees feasted on an array of food including fresh salad, waffles, shrimp and grits, made to order omelets and assorted pastries. Gary and Williams, through the Gary Foundation, presented textbook gift certificates to five freshman students attending Shaw University. Shaw University Board of Trustees members (left to right) Lorenzo Williams and Joe Bell, along with Shaw University Head Football Coach, Darrell Asberry (far right) present a game ball to Attorney Willie Gary in honor of his late mother, Mary Ella Gary Gospel recording artist, Deitrick Haddon (center) pauses for a photo with Willie Gary (right) and Lorenzo Williams (left)