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AND THE DEFENSE WINS

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.

James A. Martin, Jr.,

Nancy S. Paikoff

Brian J. Aungst, Jr.

Firm Names 2013 Offices

James A. Martin, Jr., Chairman
Ellen M. Macfarlane, President
Andrew M. Brown, Vice President Tampa
Thomas C. Nash, Vice President Clearwater
James W. Goodwin, II, Immediate Past Chairman
Ansley Watson, Jr., Managing Partner

Janet McEnery Speaking at the Fundamentals of Employment Law Seminar

Janet Goldberg McEnery will be speaking on Hiring and Terminating Employees in the Current Economy at the Fundamentals of Employment Law seminar sponsored by Sterling Educational Seminars on January 16, 2013. For registration detail, contact Janet Goldberg McEnery at jeg@macfar.com.

Josh Magidson Announces Initiative for Veterans and Military Personnel

Stetson University College of Law dedicated its new Veterans Law Institute with a ceremony on May 31 in Gulfport, Fla. Read More.

Janet McEnery Speaks at the 38th Annual Public Employment Labor Relations Forum

September 21, 2012 – Janet Goldberg McEnery will speak on Wage and Hour: Issues and Strategies at the 38th Annual Public Employment Labor Relations Forum (The Florida Bar Joint Program).

Janet McEnery Speaks at the Florida Labor Management Conference

Janet Goldberg McEnery will speak at the Florida Labor Management Conference on August 8, 2012 on Sticky Wickets in Employee Relations.

Carolyn Stewart Joins Law School Faculty

Carolyn House Stewart will teach Contract Law to students of the Thomas M. Cooley Law School opening in Tampa in May of 2012.