Hugh C. Macfarlane, a founding member of Macfarlane Ferguson & McMullen in 1884 has been honored by Friends of the Riverwalk as a Historical Monument Trail 2014 Honoree. Mr. Macfarlane was the first City Attorney for the City of Tampa and instrumental in the development of West Tampa into the 5th largest city in Florida, before being annexed into the City of Tampa in 1925.
In what is already serving as a source of pride for the Tampa community, the Historic Trail uses busts, statues and monuments to educate the public about significant events and noteworthy people that have shaped the history of Tampa and Hillsborough County. There are currently 18 honorees along the trail with these latest additions.
Brian J. Aungst has been recognized by the Clearwater Chamber of Commerce as a recipient of their Economic Advancement Business of the Year award for his work related to the Clearwater Marine Aquarium. Brian was lead counsel for the aquarium in its effort to build a new state-of-the-art aquarium in downtown Clearwater.
Discussions on the Use of the Electronic Medical Record – American College of Medical Quality and PHICO, February, 1999
Risk Management for Attorneys – “The Cutting Edge”, CNA Insurance Company, Tampa, Florida, January 1998
Hillsborough County Bench Bar Conference – Panel Member, November 1997
Abuse and Exploitation of the Elderly and Child Abuse/Domestic Violence, Florida Spine Study Group, Tampa, Florida, October 1997
Presentation to Florida Orthopaedic Institute – “Current Issues in Risk Management”, CNA Insurance Company, Tampa, Florida, May 1997
Risk Management, HIV/AIDS and Domestic Violence Seminar, PHICO Insurance Company, Clearwater, Florida, February 1997
Risk Management for Attorneys – “The Cutting Edge”, CNA Insurance Company, Tampa, Florida, January 1997
Update on Florida Medical Malpractice Statute of Limitations, Florida Spine Study Group, Tampa, Florida , November 1996
Workshop Presentation – Coping With Malpractice Litigation, “Tricks of the Trade”, Professional Risk Management Services, Inc., Naples, Florida, November 1996
Recent Developments in Florida Medical Malpractice Law, Florida Spine Study Group, Tampa, Florida, July 1996
Recent Trends in Medical Malpractice Litigation, CNA Insurance Companies, Tampa, Florida, June 1996
Impact and Explanation of Wells Decision on Apportionment and Set-Off Doctrines, Presented to CNA Professional Liability Claims Adjusters, May 1996
Comparative Analysis of Criminal and Civil Burdens of Proof, Florida Spine Study Group, Tampa, Florida, April 1996
Minefields of Practice – An Overview of Legal Malpractice Risk Management, Presented by CNA Insurance Companies, Tampa, Florida, February 1996
Physicians Risk Management Seminar – The Health Law, Jordan, Roberts & Company, Tampa, Florida, October 1995
Malpractice and the Law – A Discussion of Legal Precedent and Current Trends in Florida Law Presentation at Diagnostic Clinic, Largo, Florida May 1995
Diagnosis and Treatment of a Medical Malpractice Suit, CNA Insurance Companies, Saddlebrook Resort, Florida March 1995
CME Program for Lakeland Regional Medical Center Staff January 1995 – The Role of Legal Precedent in establishing medical standards of care and recent developments in medical negligence litigation.
Closing Argument for the Defense (Florida Bar Trial Advocacy Seminar 1994)
CNA Loss Control Seminars – Loss Reduction During Trial (Multiple cities in Central Florida 1993 to 1995)
CNA Office Practice Seminar for Nurses (Multiple cities in Central Florida 1992 and 1993)
Opening Statement for the Defense (Florida Bar Trial Advocacy Seminar 1992)
Continuing Medical Education Program for St. Joseph’s Hospital Medical Staff: Recent Non-Florida Appellate Decisions as Predictor of Theories of Medical Negligence Liability in Florida (November, 1991)
Recent Trends in the Development of Malpractice Litigation (Polk County Medical Association 1991)
CNA Physician Protection Program – Risk Prevention for the Medical Practitioner (Multiple cities in Central Florida 1990-1992)
Cross-Examining the Orthopaedic Surgeon – Orthopaedics for the Lawyer (Professional Education Seminars, Tampa, Florida 1990 and 1991)
CNA Insurance Company – Communication and Legal Issues in the Medical Office (Multiple cities in Central Florida 1988-1990)
Florida Bar Trial Advocacy Seminar Workshop leader, lecturer, executive committee (served in various capacities from 1976 to 1994)
Voir Dire and the Art of Jury Selection (Florida Bar Trial Advocacy Seminar 1989)
DRI members James A. Martin, Jr., Brian J. Aungst, Jr., and Nancy S. Paikoff of Macfarlane, Ferguson & McMullen in Clearwater, Florida successfully defended a hospital against claims of failure to warn, negligence, and statutory violations of the involuntary commitment law in Florida that was brought by the estate of a young woman who was murdered by her ex-boyfriend seven days after he was discharged from the psychiatric unit of the hospital.
The trial court dismissed the Second Amended Complaint with prejudice on the basis that there was no precedent in Florida for Plaintiff’s theory of recovery; that the Estate did not have standing to bring a claim for violation of the involuntary commitment statute; Florida did not recognize a common law “duty to warn” unrelated third parties; and the duty that arises based on a R2d Torts §319 (special relationship) did not apply to the facts of the case.
The Plaintiff appealed to the Second District Court of Appeal which, after oral argument, affirmed the dismissal with prejudice without an opinion. The Plaintiff then sought a rehearing, rehearing en banc, certification of questions, and an opinion. The Second DCA denied the request.
Andrew M. Brown has been inducted into the American Board of Trial Advocates (ABOTA). ABOTA membership is by invitation only, requiring significant jury trial experience as lead counsel among its member qualifications.