USAA Wins Final Judgment in the Amount of $12,500.00 on Cross-Claim for Unsatisfied Hospital Lien
North Broward Hospital District v. Carrie Ann Furletti and USAA Casualty Insurance Company
John M. Gioannetti and Staci L. Burton of the Deerfield Beach office of Roig Lawyers secured a favorable result in an unusual case involving a suspended attorney, negligent misrepresentation, breach of contract, and a little international detective work. USAA settled a bodily injury lawsuit with Carrie Ann Furletti and presented a check for $30,000 to her attorney, John T. Kennedy, Esq, under the condition that she would satisfy any and all outstanding medical bills.
However, several years later, it was discovered that Ms. Furletti and Mr. Kennedy failed to settle an outstanding hospital lien from North Broward Hospital District, resulting in the subject lawsuit against USAA in the Circuit Court of Broward County. During discovery to determine why the hospital lien was never paid, John and Staci learned that Mr. Kennedy had been suspended from the practice of law because, among other misconduct, he commingled his funds with his clients’. Furthermore, Mr. Kennedy had left the state of Florida and was currently residing in Brazil.
Armed with this information, John and Staci presented evidence of the negligent misrepresentation used to secure the bodily injury settlement of $30,000 and prevailed on a Motion for Final Summary Judgment to recoup the $12,500 bill for the unpaid lien from North Broward Hospital District.