Significant Cases
Gordon v. Burdines.
In the Gordon v. Burdines case, the firm represented
the family fo a woman who was raped and murdered by a man
performing air duct cleaning services on behalf of Burdines.
This major corporation, and beloved Florida store, had a person
going into homes who had been convicted of two rapes and had
just been released from prison after receiving a life sentence
but serving only 14 years. Had they performed the most perfunctory
of background checks on this man, they would have known of
his horrific criminal history and Ms. Sue Weaver, the woman
killed, would still be alive today. The firm’s lawsuit
against Burdines resulted in a nine million dollar settlement
for the estate.
John Overchuck has been contacted by the
BBC regarding his successful track record in suing Disney.
The lawyers in the firm are on the cutting edge of the practice
areas listed in this website.
View all related
documents.
. . . . .
Parrish v. Nissan.
Mr. Parrish was driving a 1994 Nissan Sentra that was not
equipped with an airbag. Unfortunately for Mr. Parrish, that
evening as he was traveling to the airport, a van with a tire
blow-out was left in the middle of a six lane highway with
no lights. Mr. Parrish ran into the back of the abandoned
van. He died at the scene of the accident.
Overchuck, Byron, Overchuck P.A. argued
that the Nissan’s seat belt failed and that the design
of the vehicle caused Mr. Parrish’s death. Just weeks
before trial Nissan settled with the Plaintiff and her two
children.
. . . . .
Smith v. Chrysler I.
Kristen Smith, only 14 years of age, died when a
rented 2000 Dodge Chrysler Grand Caravan being driven by her
mother overturned and the right side rear passenger door opened.
Despite her use of the seatbelt, Kristen was ejected and killed
in the crash.
Overchuck, Byron, Overchuck P.A.
argued that Chrysler knew its GEN3 seat belt was defective
as it had a tendency to unlatch during such an accident.
Chrysler paid the mother of Ms. Smith a substantial sum of
money to settle her claim.
. . . . .
Bradfield v. Mitsubishi.
Ms. Bradfield was killed when her Mitsubishi Montero
rolled over after being “tapped” by a much smaller
vehicle. The moon-roof came completely off the Montero allowing
Ms. Bradfield to be ejected.
Overchuck, Byron, Overchuck P.A. argued
that Mitsubishi knew its roof had a weakness when a moon-roof
was added to the vehicle. We also argued the vehicle was not
stable. Mitsubishi settled the claim, paying Ms. Bradfield’s
sons for their loss.
. . . . .
Smith v. Chrylser II.
Ryan Smith, a wonderful young man, was rendered
quadraplegic when his CJ 7 Jeep rounded a corner and rolled
over. John Overchuck began his work on this highly unstable
vehicle almost 15 years ago, during which time he has made
sizeable recoveries for catastrophically injured or fatally
injured clients. Due to this work and the knowledge obtained,
the firm of Overchuck, Byron, Overchuck P.A. were
able to obtain a settlement for Ryan that will give him financial
security for the rest of his life.
The firm’s work is not limited to
automobile product liability. Overchuck, Byron,
Overchuck P.A. are proud
of their contribution to flame resistant mattresses and clothing
and in particular how that has enhanced the safety to the
children in the United States. John Overchuck is a founding
member of the Coalition for Flame Resistent Mattresses. He
was asked along with a young client to appear before the
Consumer Product Safety Commission (CPSC) and give testimony
as to the need for flame resistant mattresses . As a result
of that effort the CPSC has recently announced that standards
are being prepared that will require all manufacturers of
residential mattresses to fire retard their mattresses in
the future.
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