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Personal Injury and Maritime Lawyer John H. (Jack) Hickey in the News

Read about John H. (Jack) Hickey and the Hickey Law Firm in the news, including awards and recent verdicts he has obtained.

NEWS ABOUT THE FIRM

PRESS RELEASE

HICKEY WINS THE FLORIDA BAR BOARD OF GOVERNORS RACE IN MIAMI

On Wednesday, April 23, 2008, The Florida Bar announced the results of the hotly contested race for one of the Miami seats on its Board of Governors.  John H. (Jack) Hickey, a trial lawyer and Past President of the Dade County Bar Association, won the seat.  This victory came after a 3 way race which then resulted in a run off election.  Hickey received the most votes in both elections.   

The Board of Governors is the governing body (or board of directors) of The Florida Bar which has over 80,000 members.  It licenses, regulates, and disciplines lawyers in Florida.  Hickey ran on the campaign theme of vision, leadership, and experience.  He said that The Florida Bar can be better and more responsive to the everyday, hard working lawyer in Florida.   

John H. (Jack) Hickey is a Miami native and practices all over Florida.  He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy.  Hickey is a Past President of the Dade County (Miami) Bar Association (the largest voluntary bar association in Florida), Past Chair of the Admiralty Law Section of The Florida Bar, and currently serves as a member of the Board of Governors of The Florida Bar.  He is a graduate of Florida State University (magna cum laude, Phi Beta Kappa) and of Duke Law School. 

This year alone, Hickey was named by his peers to the "Legal Elite" in the area of personal injury by Florida Trend magazine; as a “Super Lawyer” by Superlawyer.com; and as a “Top Lawyer” in the areas of personal injury and maritime by the South Florida Legal Guide. 

For most of his career, he was a defense lawyer for railroads, cruise lines, and insurance companies.  For the past 11 years, Hickey has been on the other side, representing people in personal injury and wrongful death cases in the areas of cruise line claims (admiralty and maritime), products liability, and premises liability, and he practices complex commercial litigation.  He has won many multi-million dollar jury verdicts.  See more at www.hickeylawfirm.com.  P: 1.800.215.7117 E: hickey@hickeylawfirm.com            

FOUR MILLION DOLLARS PAID BY CRUISE LINE

FOR IMMEDIATE RELEASE:
MULTIMILLION DOLLAR VERDICT
AGAINST ROYAL CARIBBEAN IS AFFIRMED
Record breaking verdict for a “non-operated disc”e

On January 16, 2008, the Third District Court of Appeal, the mid-level appellate court in the Florida state courts, affirmed a judgment following a jury verdict against Royal Caribbean Cruise Line in the amount of $3,384,185. 

The jury verdict was for the personal injury of a seaman, a First Officer onboard a Royal Caribbean cruise ship.  The seaman, Goran Bakalar, suffered a herniated disc in a fall from a ladder while entering a boat.  He received no surgery for the condition but could not work on a ship again.  The seaman was represented by John H. (Jack) Hickey of Hickey Law Firm, P.A. in Miami, Florida.  (See, www.hickeylawfirm.com).       

The story starts when the cruise line required its officers to man a fast rescue boat to provide security when the ship was in the Port of Miami.  The United States Coast Guard had written letters to this cruise line and others requesting that the cruise lines  provide such patrol boats and requested that the patrol boats be manned with 2 people. 

Royal Caribbean chose to man each boat with one person and required that its people enter the boats from a bent, broken ladder affixed to a pier at the Port of Miami.  The ladder was a vertical "fixed ladder".  That is, the ladder was vertical and attached permanently to the concrete pier.  The only problem was that the last 3 feet or so of the ladder was bent in at a 45 degree tilt from the vertical and the end of the ladder was not fixed or bolted to anything. 

When First Officer Goran Bakalar went to get into the boat from that ladder for the first time, the boat moved, the ladder moved and he fell back about 6' down onto his back.  He suffered a herniated disc in his back.  As a result of that injury, the cruise line said that he could not work on a ship again. 
Because Mr. Bakalar was an employee on the ship, he was a Jones Act Seaman.  That means that he had all of the rights under the Jones Act, 46 U.S.C. Sec. 688, et. seq. which means the right to sue for pain and suffering, and the seaman had all the rights under the General Maritime Law.  That in turn means that the seaman is entitled to Maintenance and Cure.  This is an old expression in the General Maritime Law for the obligation of the ship-owner to pay for the medical expenses and for the reasonable living expenses of the seaman until the seaman is declared by a physician to be a "Maximum Medical Improvement". 

Here Mr. Bakalar needed back surgery, which included back fusion at 2 levels.  By the time of trial, however, the cruise line had provided to Mr. Bakalar no such treatment.  In fact, the cruise line contended that Mr. Bakalar did not need surgery and that the back condition was merely a bulging disc. 

e for years, and would not settle.  We went to trial.  The jury's verdict for this injury is a record breaker.  The cruise line after the verdict appealed.  Interest accrued on the verdict at 9%.  By the time the appellate court affirmed, the interest alone which was owed was over $500,000.00.  Thus, with interest, the final amount owed after the appellate decision was just under $4 Million.  The full amount was paid.  Here is the opinion:       

__________________
The Third District Court of Appeal
State of Florida, January Term, A.D. 2008
Opinion filed January 16, 2008.
No. 3D06-2960
Lower Tribunal No. 03-24475

Royal Caribbean Cruises, Ltd.,
Appellant,
vs.
Goran Bakalar,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Scott Bernstein, Judge.
Salas, Ede, Peterson & Lage; Hicks & Kneale and Dinah Stein and Mark Hicks, for appellant.
John Hickey; Elizabeth K. Russo, for appellee.
Before RAMIREZ, SUAREZ, and ROTHENBERG, JJ.
PER CURIAM

Royal Caribbean Cruises, Ltd. appeals a jury verdict of $3,384,185 as being against the manifest weight of the evidence. As we recently stated in Glabman v. De La Cruz, 954 So. 2d 60, 62 (Fla. 3d DCA 2007), “despite the fact that a jury verdict is higher or lower than the reviewing court believes it ought to have been, the court should decline to interfere with the verdict.” Unlike Glabman, Royal Caribbean has not pointed to any highly emotional testimony which caused anyone to cry. We find no abuse of discretion in the trial judge’s refusal to grant a new trial or remittitur. See Lassitter v. Int'l Union of Operating Eng'rs, 349 So. 2d 622, 627 (Fla. 1977) (stating that the court may order a remittitur or new trial if it believes “the amount is so great or small as to indicate that the jury must have found it while under the influence of passion, prejudice or gross mistake”).  Affirmed.

John H. (Jack) Hickey represented cruise lines for the first 17 years of his career.  For the last 11 years, he has represented passengers and crew members in their claims against cruise lines.  He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy.  Hickey lectures frequently across the country on Maritime Law and on claims against cruise lines, and in March of 2007 testified before Congress on claims against cruise lines.  He is AV-rated by Martindale-Hubbell, listed in Who's Who in America and Who's Who in American Law, and has been named as a “Superlawyer” by Superlawyer.com, as a “Top Lawyer” by the South Florida Legal Guide, and as a member of the “Legal Elite” by Florida Trend Magazine.   Hickey is a graduate of Florida State University (magna cum laude, Phi Beta Kappa) and Duke Law School.  He is a civil trial lawyer specializing in personal injury, admiralty and maritime, medical malpractice, and commercial litigation with offices at 1401 Brickell Avenue, Suite 510, Miami, Florida 33131.  Call TOLL FREE:  1.800.215.7117.  Website:  www.hickeylawfirm.com.  

HICKEY TESTIFIES BEFORE CONGRESS ABOUT CRIMES ON CRUISE SHIPS

On March 27, 2007, Hickey testified before the United States Congressional Subcommittee on Coast Guard and Maritime Transportation in Washington, D.C. Hickey was invited to speak before the Subcommittee by its Chair, Congressman Elijah Cummings. The topics included crimes on cruise ships. Other topics discussed were the injustices of maritime law in passenger and crewmember claims. Hickey provided a paper on these topics to Congress and it is available here. The panels of speakers on that day included Rear Admiral Justice of the U.S.Coast Guard, a representative from the F.B.I. and the CEO of Royal Caribbean Cruise Lines. The Chair of the Committee promised that the subcommittee would meet again and that legislation on the reporting of sexual assaults of U.S. citizens on cruises ships would be put into place.
Click the links below to read more about the hearing
FBI Memo for "Hearing on Crimes Against Americans on Cruise Ships"
Invitation from the Chair of the Congressional Committee - 1
Invitation from the Chair of the Congressional Committee - 2
Paper Submitted to the Congressional Subcommittee on Cruise Line Justice in Our Legal System
Paper on the Jones Act
Congressional Hearings Transcript
Follow Up Letter

In the last 25 months, Jack and his team have won the following jury verdicts for their clients:

Goran Bakalar v. Royal Caribbean Cruises, Ltd.:  Miami Dade County Circuit Court Case No. 03-24475-CA 25. Date of verdict: May 19, 2006
Amount of verdict: $3.384 million. 
Liability:  First Officer getting into a fast rescue boat by climbing down a fixed ladder at the port of Miami.  The ladder was broken.  Steps and falls back.  Jury found 100% negligence against the Defendant and 0% negligence against the Plaintiff.  Injuries:  Un-operated herniated disk at L 5 S1.  This is reported to be the highest award in the state of Florida and possibly in the United States for this type of injury by a multiple of approximately three. 
Click here for official verdict
Click the links below to read more on this cruise ship accident case
4 Million Dollars Paid by Cruise Line
Bruising for a Cruising
Jury Awards 3.4M to a Former Ship Worker
Cruise Ship's First Officer Gets 3.4M For Fall From Ladder

Nancy Goodfellow v. Roadhouse Grill: Miami Dade County Circuit Court Case No. 99-17990 CA 30. Date of verdict:  May 3, 2004
Amount of verdict: $1.733 million. 
Liability:  Nancy Goodfellow went to get out of a booth at Roadhouse Grill and put her hand down on the booth seat.  The seat gave way because it was broken.  She jammed her hand against the underlying structures.  She severed a tendon and broke one bone.  No external injuries after several surgeries resulting in a partial fusion of the wrist.
View Medical Illustration
Click the links below to read more articles about this personal injury case
Verdicts by Association
Diner Wins Suit for Injured Hand

Alexander Husni v. The Mandarin Oriental Hotel:  Miami Dade County Circuit Court Case No.  02-20744  CA  32. Date of Verdict:  August 20, 2004
Amount of verdict: $2.59 million. 
Alexander Husni was getting into the trunk his car in the "ramp” or front driveway in front of the hotel.  The valet parker retained by an independent contractor slammed into the back of the car causing crush injuries of the left knee requiring only one surgery and the insertion of one pin. Testimony about future medical care and treatment was that Mr. Husni would have to have a knee replacement in ten to fifteen years.  This is reported to be the highest award in the state of Florida and possibly in the United States for this type of injury.
View Medical Illustration
Click the links below for more case details
Accident Results in 2.59M Judgement
Accident in Hotel Driveway Leads to 2.59 Million Award

Carnival Pride: Carnival Cruise Ship Slip and Fall Litigation

We have received numerous calls from passengers who have been slipped and fallen on the Lido (pool) Deck of the ship Carnival Pride. Carnival Corporation had this ship built in the Kvaerner Masa Yards in Helsinki, Finland, where Carnival has had several other ships built. In fact, Carnival at one time owned an interest in these shipyards which it purchased when the yards went into bankruptcy or receivership when they were building a Carnival ship.

Carnival took delivery of the Pride on December 30, 2001. It was built in Finland on contract with Carnival Corporation which is headquartered in Miami, Florida and yet the ship is registered in the country of Panama. It is 88,500 gross tons and has a passenger capacity of 2,124.

Carnival had this ship built with, or added later, an ultra slippery flooring on the Lido (pool) deck. This flooring is colorful and has a swirling pattern of colors and shapes throughout the deck. This may or may not be pretty depending your taste but it certainly does camouflage water, other liquids, and debris. Photographs of the deck are here. We have witnesses who will quote a person on the ship as saying that they do have a problem with this deck and are aware of the slips and falls. This deck­ and the way in which Carnival deals with it or does not deal with it­­ is dangerous. It has caused accidents and injuries. If you have slipped and fallen on this deck, or on any other deck or cruise ship for that matter, or know of someone who has, call us TOLL FREE (1.866.523.5072) now for a FREE CONSULTATION.

JACK HICKEY: FORMERLY A LAWYER FOR THE CRUISE LINES AND INSURANCE COMPANIES ...NOW A LAWYER FOR YOU.

This year, Jack was chosen by his peers to receive the following honors:

"Legal Elite”
(2006)
by Florida Trend Magazine
Click here to view the official announcement

"Top Lawyer”
(2006)
in the areas of Personal Injury and Maritime by the "South Florida Legal Guide"
Click here to view actual listing

"Florida Super Lawyer”
(2006)
in the area of personal injury plaintiff in "SuperLawyers"
Click here to view actual listing

Board Certified as a Trial Lawyer by the National Board of Trial Advocacy

Jack has been Board Certified as a Trial Lawyer by the National Board of Trial Advocacy (NBTA) for 2006. The NBTA is the only national certification program for trial attorneys and is accredited by the American Bar Association. Jack has been certified since 1990 by The Florida Bar as a Civil Trial Lawyer.

John H. (Jack) Hickey has been interviewed numerous times on national TV on cruise line issues. He has appeared 5 times on the MSNBC show, Scarbourough Country, and many times on Fox News. Hickey appeared 9 times on the George Smith Honeymooner disappearance case alone, and has been interviewed about the pirate attack on a cruise ship. A selection of video clips from these programs can be viewed below.

John H. (Jack) Hickey Speaks to the Coral Gables Bar Association

John H. (Jack) Hickey on Wednesday July 21, 2004, spoke to the Coral Gables Bar Association about maritime law and claims of passengers against cruise ships. Hickey is Board Certified by The Florida Bar as a Civil Trail Attorney and has been recognized by the South Florida Legal Guide as "Top Lawyer” in the areas of personal injury and maritime law. He is Past Chair of the Admiralty Law Committee of The Florida Bar and is the immediate Past President of the Dade County Bar Association. Hickey continues to practice maritime and personal injury law throughout South Florida.

Personal Injury and Maritime Lawyer John H. (Jack) Hickey Receives Award From the Florida Bar

On June 23, 2004, personal injury and maritime lawyer John H. (Jack) Hickey, Immediate Past President of the Dade County (Miami) Bar Association, was recognized by the Florida Counsel of Bar Association Presidents at its annual meeting. John H. (Jack) Hickey was presented with a certificate "In recognition of your dedicated leadership to the members of your legal community during your service as president.” John H. (Jack) Hickey, a board certified civil trial attorney, has been recognized as a "Top Lawyer” by the South Florida Legal Guide in both personal injury and maritime. John H. (Jack) Hickey is a Lifetime Member of the Florida Counsel of Bar Association Presidents, a Fellow and Lifetime Member of the Florida Bar Foundation, and a Sustaining Member of the Association of Trial Lawyers of America.

Personal Injury and Maritime Lawyer John H. (Jack) Hickey Repeatedly Awarded Honor of "Top Lawyer”

In 2004, the South Florida Legal Guide named personal injury and maritime lawyer John H. (Jack) Hickey as a "Top Lawyer " in both the personal injury and maritime categories. He was also named "Top Lawyer " by the same publication for 2004-2005.

Interviews

In addition, personal injury and maritime lawyer John H. (Jack) Hickey has been interviewed about cases by: the Miami Herald; the Daily Business Review; WNBC Channel 6 News (Miami); Lawyers Weekly USA; Associated Press; CNN; and the Ft. Lauderdale Sun Sentinel.

Recognition from Prominent Figures in the Legal Community

Click on the links below to read letters of encouragement and congratulations from elite members of the legal community.

Katharine T. Bartlett
Dean and A. Kenneth Pye Professor of Law

Howard C. Coker
President-elect
The Florida Bar

Eduardo J. Padrón, Ph.D.
District President
Miami-Dade Community College

Howard J. Brafman
Kislak, Inc., J.I.

Burton Young
Young, Berman, Karpf, & Gonzales, P.A.

Charlie Crist
Florida State Attorney General

George A. Smathers
Former United States Congressman and Senator

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