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Tuesday, October 22, 2019

Man alleges Florida law firm failed to accept settlement before $24 million judgment was entered against him


By Jenie Mallari-Torres | Jul 27, 2018

TAMPA, Fla. (Legal Newsline) – A Tampa law firm is alleged to have failed to accept a settlement offer.

Daniel R. Drakulich filed a complaint on June 15 in the 13th Judicial Circuit Court of Florida in and for Hillsborough County against HD Law Partners PA, formerly known as Hass, Lewis, DiFiore PA, and Lewis alleging negligence and breach of fiduciary duty.

According to the complaint, the plaintiff was involved in a vehicle-pedestrian collision in 2011 in Florida and the pedestrian filed a bodily injury claim against him. The suit states the plaintiff was insured by Geico Idemnity Co. and State Farm Florida Insurance Co., and Geico contacted the defendants to discharge certain obligations owed to the plaintiff.

The suit states the injured pedestrian's counsel contacted State Farm and Geico regarding a settlement within the policy limits and that Geico requested the defendants to accept the offer on its behalf. The suit states the defendants attempted to accept the settlement offer and failed to do so.

The suit states a final judgment was entered against the plaintiff for $24.9 million in 2015, which was affirmed by a court of appeals in 2016.

The plaintiff holds HD Law Partners PA and Lewis responsible because the defendants allegedly failed to settle the clam against plaintiff when they had opportunity to do so.

The plaintiff requests a trial by jury and seeks judgment against defendants of more than $15,000, including all unpaid amounts of the final judgment and interest, costs of action and attorney's fees. He is represented by Brandon G. Cathey and Brent G. Steinberg of Swope, Rodante PA in Tampa, Florida.

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13th Judicial Circuit Court - Hillsborough County

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