Attorney Profiles
Representative Cases Personal Injury Upon graduation from Law School, Mr. Franz accepted a position at Weiss & Handler, P.A. He practiced at that firm until April /2004 when he took a position as litigation associate at Toral and Associates. In his first jury trial, Mr. Franz secured a One Million Dollar ($1,000,000.00) verdict, (reduced by comparative fault). Later Mr. Franz drafted the appellate briefs in the Fourth District Court of Appeals and Florida Supreme Court in Nova University, Inv v. Katz, 636 So.2d 729 (Fla. 4th DCA 1994), which decision finally abrogated Implied Assumption of Risk as a Complete Bar to recovery in a Tort case in Florida. In his initial years of practice Mr. Franz litigated complex construction site cases including Mayedo v. Oolite Industries. Case No. 90-789, the Fifteenth Judicial Circuit, in and for Dade County, Florida. This case settled for Six Hundred and Sixteen Thousand Dollars ($616,000.00) Anita August as Personal Representative of the Estate of Leo August v. Prudential Property and Casualty Ins. Co. Case No. CL94-10046 AE, in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. In this case, the Augusts, had a stop sign, proceeded into an intersection and were struck by a speeding vehicle. Leo August was killed in the accident. Verdict was Four Hundred Thousand Dollars ($400,000.00) total damages. The police had given the Augusts the ticket and the Homicide report failed to account for any speeding on behalf of the defendant. Between 1993 and 1998, Mr. Franz litigated a large product liability case involving a product failure. The plaintiff was rendered a partial quadriplegic. The case was so contentious over 5 years, it required Mr. Franz to be admitted to practice law, pro hoc vice, in two (2) states to litigate the many discovery issues. The case settled just prior to trial for Five Million Dollars ($5,000,000.00). Successfully defended Ellen Mancini, in a libel action. Ms. Mancini was a newspaper columnist and writer of the weekly column for the Stuart and Port St. Lucie News, and also an Assistant State Attorney who leads the Consumer and Business Assistance Division of the State Attorney’s Office in Martin County. See Mancini v. Personalized Air Conditioning & Heating, Inc., 702 So.2d 1376 (Fla. 4th DCA 1997). Case set precedent expanding the protection afforded by Florida’s “retraction” Statute and allowed Ms. Mancini to proceed in exposing fraud and alleged corrupt business practices without fear of reprisal. Mr. Franz’s name appears as counsel in over 50 civil rights cases. Amongst these, are three landmark class actions involving thousand of retail stores nationwide and their provision of access to the disabled. These cases are: American Disability Association, Inc., v. The Goodyear Tire & Rubber Company, Case No. 01-7810-CIV-ROETTGER. (Certification pending) American Disability Association, Inc., v. Bridgestone/ Firestone, Inc., Case No. 01-6539-CIV-HUCK. In the Order Condition Certifying the Nationwide Class, United States District Court, Judge Paul C. Huck, made the following findings with respect to the undersigned;”...Representative Plaintiff’s Counsel are qualified to represent the Class and have the resources necessary to do so. The record illustrates a wide range of courtroom experience and success...” American Disability Association, Inc., v. Enterprise Rent-A-Car Company, et al., Case No. 01-7511-CIV-SEITZ; and Judge Patricia Seitz made the following comment at the Fairness Hearing; The Court ... Again, I really thank you all. As I read through the Consent Decree, it either reflects vast experience in this matter or incredible brilliance that you covered every single thing. We are in recess. Mr. Franz, Thank you Your Honor.
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