The Briefing

In addition to serving as a Managing Partner, Shareholder John Osgathorpe also serves as Treasurer on ALFA International‘s Board of Directors, as Chair for the Business v. Business Subcommittee and on the Program Planning Committee for ALFA’s Business Litigation Practice Group. Selected as this month’s Featured Member, learn more about John, his career highlights and his interests outside the law. In his day-to-day legal practice, John represents companies and business owners in a broad variety of business and commercial disputes as well as torts litigation. The disputes range from straightforward contract or slip-and-fall litigation to complex fiduciary duty battles over private companies and catastrophic injury and death claims. John also assists clients in reasoning through their business relationships and action to place them in the strongest position available if litigation arises. Taylor Day’s cooperative cultural means John frequently assists other attorneys in the firm in matters as diverse as multi-party construction defects litigation, to associated accident claims, to claims arising under the longshore act. Interesting Career Highlight Interesting is, of course, relative, yet torts cases with “fun facts” from early in John’s legal career standout. A particularly memorable case involved a private label food supplier being sued when a customer bit into desiccated mouse in jar of freeze-dried peanuts (visualize furry Baby-Ruth candy bar minus one bite). In another case a big box retailer was sued when a cottonmouth snake bit a customer. The plaintiff was hospitalized for over 30 days and lost part of an appendage, but John’s team […]

A distinction that is unique to less than 400 attorneys in the state, and one held by shareholders, Christopher Mueller and Reed Grimm, Board Certification is The Florida Bar’s highest level of evaluation of an attorney’s competency and experience. The Florida Bar’s certification program is consistently recognized as a national leader among other state programs. This morning, Chris, whom last year was appointed by Mayor Lenny Curry to the Construction Trades Qualifying Board, taught a review course in Construction Insurance to attorneys seeking to obtain their Florida Bar board certification. This is Chris’ second year instructing the course.

Taylor Day was recognized during Florida State University’s 2nd Annual Seminole 100 Celebration on March 2 at FSU’s University Center Club in Doak Campbell Stadium. Alumnus and Shareholder Bo Boyd accepted the award on behalf of Taylor Day and its two other Seminole alumni, Shareholders David Gagnon and Christopher Mueller. To qualify for the Seminole 100, a company must have been in business for at least three years and must be owned or majority managed by an FSU alumnus for three consecutive years prior to nomination. “The remarkable success of these business owners reflects well on the university, and we are incredibly proud that they are Florida State alumni,” said Melissa Roberts, managing director of the Jim Moran Institute. “Seminole 100 is our way of recognizing entrepreneurial excellence among our alumni, and it helps fulfill Florida State’s goal of becoming a preeminent university that embraces entrepreneurship, creativity and innovation across campus.”

On Monday, March 4th, founding member John Taylor stopped by with Jacksonville City Councilwoman and mayoral candidate, Anna Brosche for a firm meet-and-greet. In 2015, Ms. Brosche was elected to the Jacksonville City Council, At-Large Group 1, and became the first Asian-American council member in Jacksonville and the first Filipino-American City Council Member in the state of Florida. In 2017, she was elected by her peers to serve a 1-year term as the President of the City Council, where she championed open government, Jacksonville’s civil rights history, and inclusiveness. On March 19th, she will face off against incumbent Mayor Lenny Curry. Learn more about Anna and her campaign by following her on Twitter at @AnnaBrosche.

Since 2009, the YLS has hosted a Charity Chili Cook-Off to bring the legal community together. Join us tomorrow, February 16th, from 11:00 – 1:00 at the Riverside Arts Market (located at 715 Riverside Ave, under the I-95 overpass), for an afternoon of live music and delicious competition. This year, the Taylor Day team, “Taco ’bout Good Chili,” will be lead by Attorney, Ryan Reese, who is hard at work prepping his family’s award-winning recipe.  We will be located in booth 18.  ALL proceeds will benefit BEST BUDDIES, so be sure to come out to vote for your favorite chili and support a great cause!

It is our pleasure to announce that John N. Kessenich has joined the firm. John began his career with the Office of the State Attorney for the 10th Judicial Circuit in Bartow, Florida, prosecuting a wide range of criminal cases. He was later selected for the Economic Crimes Division, where he prosecuted high profile and complex white-collar offenses in addition to exploitation of the elderly offenses.   After working as an Assistant State Attorney, John accepting a position with a private civil litigation firm and practiced in a wide range of civil litigation areas, such as business litigation, personal injury litigation and first-party insurance litigation. Having relocated to Jacksonville, he now joins Taylor Day and will continue practicing in the areas of business litigation and bodily injury defense.      

This week’s featured attorney is Victoria Armstrong.  An integral part of Taylor Day’s PIP Defense team, she recently released an article examining the question raised by the Fourth District regarding Sovereign Immunity Liability.  Originally from Waterloo, Ontario, we look back at how she came to be at Taylor Day. What made you decide to move to the U.S., specifically Florida? After taking the LSAT, I received surveys about what type of law I wanted to practice and where. After I completed the surveys, I started to receive literature from Florida Coastal. I toured the school with my Dad and decided I was moving to Florida.  What made you decide to stay in Florida once you graduated? Sun, sand and not having to scrape my car or shovel the driveway. I also love Jacksonville and have great friends here! You recently got engaged to your fiancé Jason.  How did the two of you meet? I went on a date with his roommate, who then introduced me to Jason. When not practicing law, what are some of your favorite past-times? Going to the beach, traveling and trying to keep up with book club.  If you weren’t practicing law, what else would you be doing? An interior designer/decorator.  If you’d like to learn more about Victoria and her dog Cali, view her online biography.

Pursuant to Florida’s Sovereign Immunity Statute (§768.28), the State of Florida and its political subdivisions has limited liability in tort for damages. Pursuant to the statute, the state is not required to pay a claim which exceeds $300,000.00 for all claims or judgments. Narrowly construed, this means that the cap is $300,000.00 for multiple claims arising out of the same negligent act(s) committed by the state agency. However, the Fourth District Court of Appeal recently held that a broader reading of the statute could allow a per injury limitation. The Fourth District Court of Appeal heard argument on the state entities’ Motion to Certify a Question of Great Public Importance to the Supreme Court regarding the sovereign liability. In the underlying claim, a negligence action was filed in Palm Beach County against the Department of Children and Families by the father/guardian of four children killed and one child injured by their mother’s boyfriend. The Complaint alleged that the department breached its duties to the children, resulting in their death and injury. With the question being whether damages are capped at $300,000.00 for the claims of all the children or $300,000.00 per claim. The Fourth District Court of Appeal granted the motion and certified the following question to the Supreme Court: “When multiple claims of injury or death arise from the same act of negligence committed by a state agency or actor, does the limitation on the waiver of sovereign immunity in section 768.28(5), Florida Statutes, cap the liability of state agencies […]

Taylor Day is proud to be one of the sponsors for the 2019 OneJax Annual Humanitarian Awards Dinner, to be held Thursday, April 11th. This annual event honors individuals who have made a significant humanitarian contribution to their communities. OneJax is an interfaith organization dedicated to achieving civility, understanding and respect for all through education, dialogue and community-building. Learn more about OneJax by visiting https://www.unf.edu/onejax/.

Florida’s Fifth District Court of Appeal recently offered some clarity on two oft-argued defenses in construction defect matters. In CB Contractors, LLC v. Allens Steel Products, Inc., the 5th DCA reviewed both 1) indemnity provisions challenged under Fla. Stat. 725.06; and 2) common law indemnity claims brought by general contractors against their subcontractors. 2018 WL 6579215 (Fla. 5th DCA 2018). Typically, construction defect defense litigators will argue either via Motion to Dismiss or in affirmative defenses that an indemnity provision that does not comply with the mandates of Fla. Stat. 725.06 is void and unenforceable. Likewise, citing to Paul N. Howard Co. v. Affholder, Inc., 701 So. 2d 402 (Fla. 5th DCA 1997), defense counsel regularly argue subcontractors do not, as a matter of law, share a common obligation with the general contractor that may give rise to a common law indemnity claim. In CB Contractors, the 5th DCA virtually eliminated these two defenses. However, the court may have also provided significant insight on how to address multi-count claims that are, at their core, indemnity by another name. First, the court reviewed the matter of whether an indemnity provision that fails to comply with Fla. Stat. 725.06 is void and unenforceable, or whether just the portion of the indemnity provision that fails to comply is void. In analyzing the indemnity provision at issue, the trial court found the requirements of Fla. Stat. 725.06 were not met and the clause was deemed void and unenforceable in whole. The 5th DCA overturned this decision, finding support in prior case law that only the non-compliant portion […]