John P. Daly - Vernis & Bowling

John P. Daly, Esq.
Department Managing Attorney
Vernis & Bowling of Miami, P.A. 1680 N.E. 135th Street Miami, FL 33181
Phone: (305) 895-3035
Email: JDaly@Florida-Law.com
Fax: (305) 892-1260
Website: www.national-law.com
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Verdicts and Dispositions

Pena-Rodriguez, Pedro v. Clinica Las Mercedes, Inc. and Clinica Las Mercedes Transportation, Inc.
John P. Daly (Miami, FL) (Negligence) obtained a Directed Verdict on behalf of Clinica Las Mercedes in a personal injury lawsuit presenting several theories of recovery, including negligence and battery. The suit was brought by a 72-year-old former Clinic patient. The jury trial was held in Miami-Dade, Florida before Judge David Miller.

For five years, Plaintiff had visited the Clinic nearly every day, mostly to engage in the games and activities the Clinic offered its elderly patients. The Clinic provided bus transportation for its patients through a sister corporation, Clinica Las Mercedes Transportation.

On the day of the subject incident, Plaintiff attempted to report a Clinic bus driver for rude and unprofessional conduct. In response, the bus driver allegedly attacked Plaintiff, and in the ensuing altercation, Plaintiff’s shoulder was dislocated. The Plaintiff underwent aggressive treatment, including surgery, and his medical bills were over $100,000.

The defense argued that Plaintiff had been the aggressor. The defense presented evidence demonstrating that Plaintiff had a long history of mental illness and argued that the altercation with the bus driver resulted from Plaintiff’s psychotic break.

After Plaintiff rested, the defense made several directed verdict motions, primarily centering on whether the Clinic had been vicariously liable for the driver’s alleged attack. (Plaintiff had earlier alleged negligent hiring and retention and premises liability theories, but these were dropped before trial.) Ultimately, Judge Miller determined as a matter of law that the driver had not been within the course and scope of employment with the Clinic and directed a verdict in the Clinic’s favor.

Plaintiff’s offer before trial was $200,000, and Defendant’s last offer was $20,000.
Ricardo and Mayra Rodriguez v. Security First Ins. Co
John P. Daly (North Miami, FL) and Michael Ferral (Miami, FL) (Property) obtained a Defense Verdict on behalf of their client, Security First Insurance Company, in a first-party property breach of contract action brought by Plaintiffs against their homeowner’s insurance carrier. The jury trial was held in Miami-Dade, Florida.

In 2019, the Plaintiffs filed a claim with Security First, alleging that on or about September 10, 2017, the insured property sustained sudden and immediate water and wind damage as a result of Hurricane Irma. The Plaintiffs did not notice nor report the damage until November 2019. After concluding its claims investigation, Security First denied coverage based on the policy’s “peril created opening” exclusion. As a result, the Plaintiffs filed suit on February 3, 2020, and sought a declaration from the court that there was a covered loss under the policy, that Security First had an affirmative duty to adjust the loss, and an award attorney’s fees and court costs.

The Plaintiffs’ expert (Al Brizuela, P.E.) testified at trial that Hurricane Irma damaged the Plaintiffs’ roof and had ultimately led to the interior water damage. Despite knowing the age of the roof (almost 20 years old at the time the Plaintiffs first noticed the damage), the Plaintiffs’ expert repeatedly stated that roof damage could only be the result of Hurricane Irma. For the defense, Security First’s corporate representative testified that the claim was denied upon a thorough investigation of the property, including the opinions of its pre-suit engineer, Dustin DiPersia, P.E. He testified that there was no evidence of any peril created openings on the roof and that the roof showed significant signs of wear and tear due to age-related deterioration. The jury returned a verdict in favor of Security First finding that the Plaintiffs failed to meet their burden to show that their property sustained damage during the policy period.

The Plaintiffs’ last demand prior to trial was $140,000 inclusive of attorney’s fees and costs.
National Water Restoration a/a/o Marie St. Fort v. Citizens Property Insurance Corporation
John Daly and Michael Ferral (Miami, FL) (First-Party Property) obtained a Defense Verdict following a jury trial in Miami, FL in the case of National Water Restoration a/a/o Marie St. Fort v. Citizens Property Insurance Corporation. The Plaintiff in the case, National Water Restoration, performed water dryout services for a homeowner insured by Citizens Property Insurance Corporation in 2016. National Water Restoration charged Citizens $4,572.26 for its services. A dispute arose whether the services performed by National Water Restoration were reasonably priced and whether those services were necessary to protect the homeowner’s property from additional damage. After its investigation, Citizens determined that the reasonable cost for the necessary services was $1,418.88, which it paid to the Plaintiff. The Plaintiff then sued over the difference between its invoice and the amount Citizens paid. For the defense, Citizens’ industry expert, Raul Paredes, testified that Citizens had overvalued and overpaid on the claim. Ultimately, the jury found in favor of Citizens, finding that $1,418.88 was the reasonable cost for the services it performed. Our motion to seek the recovery of Citizens’ taxable costs is pending.

Areas Of Practice

Appellate Practice
Automobile Liability (PIP/PD/BI/UM)
Bad Faith/Extra Contractual Litigation
Civil Litigation
Construction and Construction Defect Litigation
Coverage & Declaratory Judgment Actions
Cyber Security & Data Privacy
Employment Law/Employment Litigation
Errors & Omissions Liability (E&O)
First and Third Party Property and Casualty Claims
Medical Malpractice
Premises Liability
Product Liability
Professional Liability/E & O
SIU/Suspicious & Fraudulent Claims
Trucking
Workers' Compensation Defense
Wrongful Death

Bar & Court Admission

Florida Bar
Orange County Bar
All Florida State Court
United States District Court for the Northern District of Florida
United States District Court for the Middle District of Florida
United States District Court for the Southern District of Florida

Education

Graduate:
University of Florida Levin College of Law, Juris Doctorate, 1987
Undergraduate:
Stetson University, Bachelor of Arts in Political Science

AV Preeminent Peer Review Rated by Martindale-Hubbell

John Daly is a skilled and experienced litigation attorney with 30 years of experience handling complex litigation in State and Federal Courts throughout Florida. Mr. Daly has tried multiple civil jury trials as lead counsel to verdict, and handled scores of appellate matters, including oral arguments in the 1st and 2d District Courts of Appeal. In addition, he has trained and mentored associate attorneys, paralegals and legal assistants.

Mr. Daly’s practice areas include automobile negligence, premises liability, commercial auto/trucking, construction defect and first and third-party insurance claims

He is rated AV Preeminent by Martindale-Hubbell, and was named one of the “Best Lawyers in America” for Personal Injury Litigation (defense) from 2013 to present. Mr. Daly is a frequent speaker at industry related seminars and conferences.

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