Barnes Trial Group

p e rs onal in jury | wron gful death | in suran ce

The Strength You Need. The Attention You Deserve.

The BTG Commitment to Our Partnering Law Firms While BTG generates many of its own cases, we also proudly partner with law firms in the Tampa Bay area and throughout the State of Florida to achieve proven results.

During 2017, BTG worked with our referral partners to increase our referral case inventory from $562,000 (offers at time of referral) to over $28 million—a nearly 5,000% increase in case value to our clients. 2018 is shaping up to be just as successful.

Our hard work, trial expertise and financial resources contribute to these results. However, our continued success depends on strong personal relationships with the firm’s referral attorneys. As a result, we value our referral partners’ input and encourage them to participate in the litigation process as much or as little as they prefer.

We also respect the hard work and dedication needed to generate case leads and attract new clients. For this reason, BTG pledges to never compete with a referring firm’s business or marketing plan and to always credit its referring attorneys with a referral fee, should a client or his or her family members ever return to BTG directly with an additional legal matter. WE PRIDE OURSELVES ON BUILDING RELATIONSHIPS THROUGH INTEGRITY.

Our Philosophy and Commitment to Our Clients Barnes Trial Group was founded on the principle of providing clients the strength they need and the attention they deserve during what is likely one of the most difficult times of their lives. While many large firms build caseloads of hundreds of files, BTG believes this prevents a law firm from treating a client as an individual and meeting the unique needs of each case. For this reason, BTG is committed to maintaining a smaller caseload.

Clients come to know the attorneys and staff at BTG on a first-name basis, receiving personalized service throughout the relationship.

Barnes Trial Group also prides itself on the use of state-of-the-art technology, an absolute necessity to effective representation. BTG utilizes one of the most powerful case management software programs in the industry and a secure digital document management repository. As a result, our files are efficiently and securely organized, permitting BTG to devote its time and resources to moving its files toward settlement, and if necessary, to trial, in a timely manner.

Finally, Barnes Trial Group believes in sending a loud and clear message to the insurance industry that BTG is prepared and committed to tirelessly litigating our cases through trial, should the insurance companies fail to treat our clients and their families fairly. Our commitment to regularly and effectively trying cases has earned BTG a reputation within the industry that allows us to maximize our case results and provides for our clients in their greatest time of need.

$17,000,000

A Story of Perseverance In mid-April, 2015 a colleague reached out to me about a

Neither Rick nor I had ever seen anyone more effective

catastrophic workers’ compensation case. His neighbor, an

in deposition than Steve. Always more informed and

AC system salesman, had fallen over twenty feet through

prepared than defense experts of all types, he left

an unprotected skylight while attending a “pre-construc-

them in shambles and consistently elicited testimony

tion” meeting on the roof of a warehouse, near TIA. He land-

which made our case stronger. Further, he defeated

ed head first on a concrete floor, and subsequently fought

numerous motions for summary judgment, as well as

for his life at St. Joseph’s Hospital.

potentially damaging motions in limine. It was clear that our judge had great respect for Steve and the positions

Soon thereafter, I met with my client’s wife and their three

he advanced.

terrific children, aged 11, 9, and 7, at that time. I also met with my client’s mother. Extremely strong, practical, and

Steve never wavered in his belief that we were building a

intelligent, she clearly and specifically described the type of

strong, valuable case which would be tried as scheduled,

attorney(s) and service her family would insist upon.

without the need of a continuance. He maintained relent-

While my client’s fate was still unclear, I asked Rick D. Arcaro, Esquire, of Sarasota, to act as co-counsel on this matter. Brilliantly resourceful and inexhaustible, I knew Rick would instantly identify any and all potential third party defendants and immediately begin building our case.

He did so amazingly well and quickly filed suit against multiple defendants. We then began taking depositions and consulting experts.

Before too long, Rick and I were hearing the words “no liability,” in our sleep. None of the defendants were willing to offer a penny to settle our client’s case. It became increasingly obvious we would need to retain an extraordinary person and exceedingly talented attorney, to lead our team. Eventually we settled on the attorney our client’s family deemed to be the “right one” for them: Stephen A.

Barnes, Esquire. He came on board upon suit being filed and immediately engineered an ambitious but pragmatic plan to secure justice for our client and his family. Slowly but surely, the tide began to turn in our favor.

To say synergy was created by the union of Rick and Steve is an understatement. They brought out the best in each other and collaborated seamlessly. From the outset, Steve’s laser like focus, amazing work ethic, and keenly analytical mind, were readily apparent as were his outstanding leadership qualities, humility, and integrity; a rare combination.

Defense counsel continued to think Rick and Steve were

less pressure on the defense, defeating multiple motions for continuances from the defense.

Despite two years of the defense denying liability and making minimal offers, on the Friday before trial, we reached a global settlement of our case of $17 million.

In achieving such a tremendous result, Steve certainly showed why he is one of the most gifted, established, yet promising attorneys, in the state. Steve can clearly prosecute any negligence case most effectively and possesses finely honed trial advocacy skills. His best is yet to come. I would wholeheartedly recommend Steve to anyone in need of an outstanding, uniquely qualified trial attorney, without hesitation.

Most importantly, our client’s family is very pleased with the outcome to their tragic case. Rarely have I made a decision more sound than to seek out and engage the many talents Steve possesses. Working with him was an honor and privilege. At no point, nor for any reason, did anyone have to be reminded to set aside his ego. Mutual appreciation, respect, and trust, were always paramount.

As a result of this case, I know one family that, while forever heartbroken, can now look forward with a measure of hope and security that did not exist in their world just a few weeks ago. Their new found perspective is due in

“chasing windmills,” but Steve’s thoughtful strategy out-

large part to the incredible

flanked the defense every step of the way. Steve and Rick

effort spearheaded by one

doggedly prepared our case; an undertaking that eventually

of our best and brightest:

resulted in legal costs in the high six figures given the thirty

Stephen A. Barnes, Esquire.

plus experts who were deposed across the country (about sixty depositions were taken altogether).

Leo D. Gomez, Esquire

$1,196,858.68

Ali and Rana are an American immigration success story. Born in Lebanon and Palestine, both were raised in Kuwait until war was imminent. As Iraq prepared to invade Kuwait, their families immigrated to the United States through New York City. There, they fell in love, married and moved to Tampa to begin raising what would soon be a family of four children.

Ali worked hard running his own wholesale delivery business, supplying convenience stores with goods for sale. His morning began very early, and the work was never easy. However, he was dedicated and hardworking, earning money to support his family and wife while she earned her nursing degree. Ali was happy and saw his hard work come to fruition when his oldest son left for college, and his wife began working as a nurse. Then tragedy struck.

While returning home from his regular morning deliver route, Ali’s van was struck from behind. Although he did not believe he was injured at the scene of the accident and was still able to stop for lunch, later that evening and into the night, his neck began to ache and his back tightened. A visit to the emergency room the next morning was the beginning of a long, four year series of fits and starts with therapy, injections and ultimately neck surgery to remove a herniated disk and fuse one of the vertebral segments of his spine.

BTG was asked to partner with Ali and Rana’s attorney to litigate and try their case 31 days after mid six figure PFS’s were strategically served as suggested by Mr. Barnes. Mr. Barnes saw the potential in using their immigrant story of hard work and perseverance as an asset and theme for the trial against one of the largest defense firms in Florida.

During Ali’s medical odessy, his oldest son was forced to take a semester off from college to help his father keep his business running. Rana took an overseas nursing assignment for nine months to earn nearly double her salary to help replace the income lost during Ali’s recovery. Because of the hard work and support of the entire family, qualities instilled in them by Ali, proving a significant wage loss at trial would be difficult. Thus, strategy decisions were made to forgo a wage loss claim, retain a life care planner, and advance a theme that Ali would need life long care and therapy to help him remain a productive, hard working member of society.

After a week long trial, the jury rewarded Ali, Rana and their trial team with a $1,196,858.68 verdict, including a substantial future medical damages award. For Mr. Barnes, it was incredibly gratifying to witness an attentive and thoughtful Hillsborough County jury justly compensate a wonderful immigrant family. Thanks to the jury’s wisdom, Ali has access to the medical care he needs as he and Rana continue to work and watch their children graduate high school and attend college.

Exactly the Wrong Place, at Exactly the Wrong Time Throughout his 24 year career, Mr. Barnes and the lawyers at BTG have represented a diverse group of clients in just about every type of accident imaginable. However, it was not until one of the firm’s co-counsel introduced them to Donald, a client who slipped and fell twice, in the same spot, two years apart to the day, suffering severe injuries in both falls, that such a unique and difficult liability case was encountered.

At the time of his first fall in 2011, Donald was 58 years old, living alone on a fixed income in a senior adult age condominium in downtown St. Petersburg. While walking through the condominium’s parking garage, he slipped and fell in an area where wind-blown sand was allowed to accumulate from a construction project across the street from his building. Unfortunately, Donald suffered a complex femur fracture, requiring open reduction and internal fixation. Because of his pre-existing medical conditions, this fall and resulting injury significantly affected Donald’s independence and ability to ambulate.

Having battled and overcome multiple systemic illnesses for decades, Donald was by no means ready to cede his independence to this injury. In his effort to maintain his independent living, Donald continued living alone and running his own errands. Two years after his first fall, while traversing the same area of the garage where sand was again allowed to accumulate, Donald fell again, this time fracturing his hip.

Unfortunately, he could not recover his mobility and independence from this fall. He was forced to give up driving and now became a prisoner trapped in his own upstairs condominium unit.

Unfortunately, Donald’s case was shuffled between attorneys who could not figure out how to successfully pursue multiple slip and fall incidents occurring on the same location of the property by the same sandy condition. BTG was blessed to be introduced to Donald in 2016, five years after his first fall. After amending the complaint and immediately serving “reasonable” proposals for settlement that expired, unaccepted, BTG set out to investigate the nature and circumstances of the fall to solve the riddle of how a person could regularly traverse a parking garage for many years without falling, yet fall in the exact same spot two years apart. To assist with the investigation, BTG retained a highly qualified engineering firm.

At the site visit, the lawyers (BTG and co-counsel) along with the engineer noticed that the area where plaintiff fell was a painted walkway leading to an exterior door, none of which tested below recognized industry standards for slip resis-

tance. Surprisingly, adding granules of sand to the concrete floor did not prove slippery. The one area that did prove VERY slippery was the painted lines covered with a light dusting of sand. The expert explained when a brushed concrete floor is painted with walkway or parking lines, the brushed grooves fill with paint, decreasing the skid resistance. When a foreign substance like sand is added, the brushed concrete remains skid resistant while the painted concrete becomes slippery—in this case very slippery.

However, this did not explain how Donald was able to traverse the sandy painted walkway many times over multiple years without falling as he had testified in his depo prior to BTG’s involvement. A theory was developed that when walking and taking a stride in the painted walkway, Donald’s heel strike measuring less than 3” in diameter would have to strike entirely on a painted line before he encountered a slippery condition. If any part of the heel struck the non painted brushed concrete, he would not slip. The theme “exactly the wrong place, at exactly the wrong time” was hatched.

The case was presented to a jury who returned a verdict of $989,361.62, holding plaintiff only 20% comparatively negligent. The engineering testimony and chosen theme proved very effective. Following the successful defense of the defendant’s appeal which extended the Joerg decision to Medicare benefits, the case was settled with the payment of an additional $425,000 in attorney fees and costs resulting from defense’s failure to accept that early filed proposal for settlement.

Donald continues to live in St. Petersburg. He now enjoys a return to some normalcy and independence after using a small part of his recovery to retrofit his car with hand levers to operate the brake and accelerator. He has returned to regular breakfast at the diner where he was a regular for 20 years prior to his falls.

$533,619.25 Auto Accident “I just want to be able to work a few more years and make it to retirement.” These are words every trial lawyer wants to hear from one’s clients. Those were the words Tom spoke to Mr. Barnes during their first meeting at their co-counsel’s office. In return, Mr. Barnes pledged to work hard for Tom to obtain a result that would provide the resources for therapy and medical care his insurance would not cover — resources to help keep Tom strong and working another three years until he was 65 and ready to retire.

A year earlier, Tom was involved in a significant car crash on the Gandy bridge when his work truck was rear ended by a tractor trailer in stop and go traffic.

For a number of years leading up to the car crash, Tom had complained of recurring back and neck pain. Imaging showed significant and long standing degenerative changes in his entire spine. It was a classic case the large statewide defense firm assigned to defend the case could capitalize upon.

True to form, the defense retained well-known and well-travelled experts — an orthopedic surgeon and a radiologist. Both experts have likely appeared in as many trials as Mr. Barnes. While many firms recoil from such experts or actually expend fees to conflict these experts out of the case, Barnes Trial Group welcomes their participation in the case. The lawyers at our firm have spent the past decade compiling volumes of impeachment materials on such experts. Through our lawyers’ effective use of these materials in cross examining the defense experts, the jury is educated on how the experts repeatedly reach the same conclusions in case after case, violate basic principles of medicine to reach those conclusions, and earn millions of dollars to line their own pockets.

As a result of these efforts, the jury saw through the defense expert spin and compensated Tom $533,619.25 in past and future damages. Tom continues to work and looks forward to his retirement next year with the love of his life and wife, Judy.

$450,000

An insurer may be acting in bad faith if it: • Delays, discounts or denies payment without a reasonable basis for its actions.

Insurance Bad Faith Have faith in their bad faith! That was the take away from the initial meeting between Mr. Barnes, his co-counsel and BTG’s new client, Liz. Amazingly, the tortfeasor’s insurance carrier with policy limits of only $100,000 failed to timely tender those limits and protect its insured, despite a clear liability rear end accident with moderate property damage, significant medical care, including a two level medial and lateral branch nerve ablation procedure, and medical bills of $85,000. In fact, the carrier attempted to accept a policy limits demand but failed to timely deliver the check to co-counsel’s office by one day.

Mr. Barnes cautioned Liz and co-counsel that once suit was filed, affirmative defenses and motions for summary judgment on a settlement defense would be forthcoming. As predicted, the defense vigorously pursued the settlement defense, depositions of the plaintiff and co-counsel’s staff, and a summary judgment motion. The summary judgment was defeated and the plaintiff litigation team countered with a summary judgment motion of its own on the settlement defense.

While the defense pursued a strategy to extract the carrier from the mess it created and focused on the settlement defense, the BTG team quietly prepared the medical case for trial. The surgeon and primary treating physician were supplied tabbed and indexed medical binders to prepare for depositions that would eventually occur. Additionally, a life care plan was developed with a highly qualified and experienced expert.

With damages clearly established and trial approaching, BTG began to set depositions of key insurance representatives to support the plaintiff’s motion of summary judgment on the settlement defense. Recognizing the impending trial date, substantial damages, and undesirability of insurance representatives being deposed, the carrier opted to pay $450,000, or 4½ times its policy limits, to resolve the case. Even at the end of the litigation, the carrier’s representative failed to understand the magnitude of the insurer’s bad faith, commenting how unreasonable it was to pay “so much for being one day late.” One day, but hopefully not to soon, they might finally get it.

• Fails to acknowledge and reply promptly upon notification of a covered claim.

• Fails to pay a covered claim as a result of failing to do a proper, prompt, and thorough investigation as to reasonable liability and damages based upon all available information.

• Fails to affirm or deny coverage of claims within a reasonable time upon receipt of claim and/or proofs of loss.

• Fails to offer or attempt to execute prompt, fair, and reasonable evaluation of damages and equitable settlements of claims to insured within a reasonable time where liability is reasonably clear.

• Attempts to settle a claim for less than the amount to which a reasonable person would have believed he or she was entitled or attempts to substantially diminish a claim requiring an insured to initiate litigation.

• Attempts to settle claims on the basis of an application and/ or policy, which was altered without notice, knowledge, or consent of the insured.

Stephen Barnes is the founder of Barnes Trial Group. Mr. Barnes exclusively represents victims, and their family members, of personal injury and wrongful death. One hundred percent of his practice is dedicated to representing these persons in their pursuit of justice and fair compensation for the harms and losses suffered as a result of the inattention and carelessness of other people and companies.

During his over 20-plus year career, Mr. Barnes has been recognized as a preeminent and highly skilled trial lawyer by many attorney-rating and certification organizations, including The Florida Bar, the National Board of Trial Advocacy, the American Board of Trial Advocates (ABOTA), Florida Trend, and Tampa Bay Magazine.

Stephen Barnes “When you take time to get to know someone and learn about their family, you naturally want to work harder for them.�

In 2002, Mr. Barnes became one of the youngest board-certified civil trial attorneys in Florida at age 33 and is proud to be AV Preeminent* peer review rated by Martindale-Hubbell.

Mr. Barnes strongly believes that once an injured person or the family member of a lost loved one places their trust in Barnes Trial Group, it is his moral obligation to provide the client the strength and attention they need and deserve and to obtain a full recovery of money damages to balance the harms and losses suffered by the client.

A lifelong resident of Florida, Mr. Barnes attended the University of Florida and obtained his undergraduate degree in Business Administration with a concentration in Finance. Thereafter, he attended Stetson University College of Law in St. Petersburg, earning his degree in 2½ years.

Mr. Barnes is the proud husband of his wife, Jessica, who cares for their five children, Ashley, Audrey, Matthew, Myles and Mason; their dogs Lola, Tasha, and Bentley. The family are members of South Tampa Fellowship where they attend services. They are proud to live and work in the Tampa Bay area.

Courtney Umberger was the first associate attorney to join Barnes Trial Group. She has long championed the rights of those in need of strong advocates. She brings a background in civil appellate practice and experience gained at the Brookings Institution, the World Bank, and the Abdul Latif Jameel Poverty Action Lab at the Massachusetts Institute of Technology.

Ms. Umberger earned a Bachelor of Arts degree, cum laude, from Rhodes College and her law degree from the University of Florida Levin College of Law. During law school, Ms. Umberger served as an associate managing editor of the Florida Law Review and Honor Committee representative.

She received Book Awards in International Human Rights, Trial Practice, and Trade & Human Rights. She also served as a teaching assistant for Trial Practice, Legal Research & Writing, and Appellate Advocacy.

Ms. Umberger’s education, experience, and passion provide a strong foundation for superior analytical, research, and writing skills. She is a formidable member of the BTG litigation team, providing invaluable trial and appellate support, while effectively combating the ever-growing motion practice in which the insurance industry and its attorneys engage.

Ms. Umberger proudly calls Tampa home, having lived in six other states and DC. When not practicing law, she enjoys boxing and spending time with family and friends.

Courtney Umberger “Too often, attorneys can lose sight of the fact that being injured in an accident is one of the most difficult and stressful times in the life of an injured client and his or her loved ones. Beyond advocating for our clients in the litigation process, I want our clients to know that we care about their concerns and frustration, and that we work hard to provide them the support they need through this difficult process.”

Tami Trimming began her career as an attorney representing insurance companies. She quickly realized, however, that her true passion was helping real people. Ms. Trimming has the unique perspective of having represented both large insurance companies and injured individuals. She knows the tactics of the other side and is able to use this knowledge for the benefit of our clients.

Ms. Trimming has built a solid reputation as a passionate advocate for her clients in all phases of litigation. Given her unique experience, she is able to approach each case with all points of view in mind—an invaluable asset when the firm prepares for

Tami Trimming

trial. Ms. Trimming is from Toronto, Canada, where she grew

“There is no greater reward than helping someone in their time of need and knowing that you have made a difference in their life.”

in the country during high school. She earned a Division 1 bas-

up playing basketball and was named one of the top 25 players ketball scholarship to Rider University and was named to the Metro Atlantic Athletic Conference (MAAC) All-Academic Team.

Ms. Trimming graduated with a Bachelor of Arts, Magna Cum Laude, in political science from Rider University. She received her Juris Doctor from University of Florida Levin College of Law. While in law school, Ms. Trimming was an active member of the Black Law Students Association, W. George Allen Chapter, and a member of the Entertainment Law Review. She also volunteered at a local elementary school in Gainesville, mentoring and tutoring students.

Currently, Ms. Trimming is very active in the Tampa Bay community. Each year she is involved in a full mock trial in which local children are able to play the roles of witnesses, plaintiff, and defendant. In addition, she helped found a Legal Services Ministry at her church (St. Johns Progressive Missionary Baptist Church) in which she provides legal guidance on a wide variety of topics to church members.

From the beginning of his legal career, John Trujillo has focused the majority of his practice on litigation and trial work in both Florida and Texas. During law school, and driven by the desire to learn from lawyers that were actually in the trenches, John undertook clerkships with aggressive Plaintiff firms in both Houston and Tampa. It was at these firms that he first learned that ultimately winning in court doesn’t happen just at the courthouse; that having the capacity to truly relate to a client, the development of a complete command of case facts, thorough preparation and a sense of responsibility for earnest and aggressive representation were the hallmarks of successful advocacy. This real world education was coupled with participation in numerous law school mock trial competitions, where he won numerous speaker awards, together with clerkships at the Texas First District Court of Appeal in Houston.

Following graduation from law school in 2002, John completed and passed the Texas and Florida bar exams within one year of each other and obtained his license to practice in both states. Feeling the pull of home, family and good saltwater fishing, he returned to Tampa, started a family of his own and practiced with honorable lawyers on both the Plaintiff and defense sides of the Bar, ultimately becoming a partner in a well-established firm with a statewide reach. In addition to the litigating complex personal injury and wrongful death matters during the course of his career, John has also litigated extensively in the areas of judgment enforcement, commercial contract disputes, appellate work and general civil matters. He joined Barnes Trial Group in 2018.

John truly enjoys spending time with his family and his dogs, fishing and bird hunting, triathlons, history, Seminole and Buc football (especially when they’re winning) and Lightning hockey. He graduated from FSU in 1998 where he was a member of the Alpha Tau Omega fraternity, a 2002 graduate of the South Texas College of Law and is proud to say that he is a Tampa native with family ties to the area dating back to the 1870’s.

John Trujillo, Jr. “Successful advocacy begins with learning a client’s personal story, their mission and their needs so that you don’t just stand up for them, you stand up with them.”

505 S. Magnolia Ave., Tampa, FL 33606 P 813-251-0777 | F 813-254-1829 www.barnestrialgroup.com

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sb@barnestrialgroup.com

PRACTICE AREAS • • • • • • •

Personal Injury Wrongful Death Medical Malpractice Nursing Home Abuse & Neglect Maritime Diving & Boating Accidents Brain & Spinal Cord Injury