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Continued
Sacrifices and rewards
Still, coming up with the $7 million meant 2 1/2 years of personal
sacrifice, including long days and no vacations. Partners often skipped
paychecks for three months at a time. Money collected from other cases
went toward funding the expensive analysis of plant, water and soil
samples. Even secretaries gave up the usual bonuses given them when
the firm wins or settles a million-dollar suit.
"Several times along the way we discussed our dollar commitment and
decided the facts justify the commitment. We do that to a lesser degree
with every case," Krupnick said.
When the firm's share of the Benlate® settlement finally came - $34
million plus $7 million in cost reimbursements - the lawyers portioned
out the money in less than 45 minutes.
"That was one of the most impressive moments in my legal life," Malone
said. "Other firms would have fought to the death over that kind of
money."
Positive management
The atmosphere of fairness and camaraderie among lawyers and staff
at the firm stems from Krupnick's management style.
"When the firm got started it was simple," said Walter "Skip" Campbell,
the first partner to join Krupnick. "The firm today is complex, with
the problems of large-size corporations. But while you have a lot
of people running the firm, there's only one chief. Even when I was
an associate, Jon was generous. No one has ever questioned his monetary
decisions."
For more than a decade, Krupnick owned 50 percent of the firm. His
partners at the time, Campbell and Malone, owned the rest. Campbell
is the firm's leading rainmaker and carries the heaviest caseload.
Next to Krupnick, Campbell owns the most shares.
About five years ago, the firm began bringing in more partners and
redistributing the ownership, allowing newer partners to buy some
of Campbell's and Krupnick's shares. Then, after the Benlate® windfall,
the firm redistributed again and brought in its first female partner,
Lisa McNelis. Today, neither Krupnick nor Campbell owns a majority
stake.
Ready to ease up
The formula appears to work. In its 21-year history, the firm as never
lost a partner. Now, Krupnick, 56, says he's easing back, letting
his younger partners who are mostly in their late 30s and early 40's
handle more cases.
"I'm getting older and I don't want every big case," he said. 'They're
in their roaring 40s, at he peak of their careers. I've met my
goals. I want to let them meet theirs. "Roselli has built a sizable
practice representing people in medical malpractice suits. "This
year, he won a $2.1 million verdict for a former naval aircraft mechanic
who was riding his bicycle when he was struck by an off-duty deputy
sheriff.
Campbell also has had some big successes in medical malpractice suits.
Last month, he negotiated a $1.9 million settlement for a 5-year-old
girl who was treated for leukemia, but failed to receive nutrition
monitoring and wound up with brain damage.
Kelly Hancock, former chief of the Broward State Attorney's Office's
homicide division, has built a niche in personal injury civil suits
that arise from criminal cases. He has settled million dollar suits
involving shooting incidents.
Partner Joseph Slama specializes in aviation and railroad litigation.
In February 1994, he won $2.8 million for the family of a maintenance
worker killed in an Amtrak train derailment.
"A lot of their cases are very good cases," said Gordon James, a Fort
Lauderdale defense attorney who has matched wits with Krupnick Campbell
lawyers in the courtroom. "It's tough to defend against them. They
do their homework. When I know I'm going against them, I am as thorough
as I can be."
Politically active
Many of the firm's cases come from referrals from other lawyers. That's
one reason Krupnick Campbell partners hold officers' positions in
various state and local legal organizations. At times, they've been
active in lobbying.
"We all have our sphere of influence for how we attract business,"
Singer said. "In our case, it's advertising. They're aggressive in
marketing behind the scenes through their involvement bar associations."
Krupnick's fight to get Broward County Medical Examiner Ronald Wright,
a 14-year veteran removed from office helped seal the lawyer's political
clout with his peers. After dealing with Wright in two medical malpractice
cases, Krupnick attacked his medical opinions and work as an expert
witness in death cases. He campaigned against Wright's reappointment,
alleging Wright manufactured conclusions in some cases. That led the
county's top officials to criticize Wright's management. Gov. Lawton
Chiles replaced Wright last year,
Now, Campbell is considering running for the Northwest Broward state
senate seat vacated by Peter Weinstein, a move he says his partners
support despite the reduced time he would have to practice law.
Expanding its horizons
Meanwhile, the firm is moving toward more complex cases involving
property damage. The Benlate® case has positioned the firm as one with
a specialty in product liability suits against chemical manufacturers.
It since has hired lawyers with science and biology degrees.
Its new clients arc a group of 30 shrimp farmers in Ecuador who are
suing chemical manufacturers Ciba Geigy Corp., Ciba Geigy Ltd. and
BASF Corp. The farmers claim their fisheries were destroyed by chemicals
sprayed on banana trees that eventually flowed into the sea.
Malone says the losses to the shrimp industry are at least $1 billion.
His firm represents the largest farmers - some of which are U.S. companies
- whose claims make up most of that $1 billion. The case will be heard
in Broward state court, where the first suit originated by a local
fish market that couldn't get its shrimp supply. A trial date has
not been set.
Bill Dellecker, a fern grower whose Benlate® case went to trial in
Broward, says the shrimp farmers made a good choice of lawyers.
"I was impressed with the thoroughness which they approached our case,"
Dellecker said. "It takes capable attorneys to master complex issues
and be successful, particularly in fighting a large company. I suspect
there are only a small number of firms able to put together a major
undertaking so successfully."
Spending
money to prove their cases pays off
Betting
on liability cases pays off Broward law firm
BIG VERDICTS
$214 million: Benlate® settlement; 1994. DuPont agreed to pay
$214 million to 220 farmers who said their crops had been ruined by
the fungicide Benlate®. Attorneys: Kevin Malone and Thomas Buser.
$16.5 million: Ford Bronco case; 1984. A jury awarded the sum
to Scott Mickler, a passenger paralyzed in the crash of a 1976 Bronco.
Experts determined the vehicle's design and lack of testing caused
the Injury. Attorney: Jon Krupnick.
$8.9 million: Johnson v. St Anthony's Hospital; settlement
In September 1991. The plaintiff suffered a severe neck injury after
he was placed in a canvas blanket and tossed in the air during a Masonic
initiation. Attorneys argued he received inadequate medical care and
became paralyzed. Attorneys: Jon Krupnick and Richard Roselli.
$2.84 million: Estate of Gresham v. Amtrak; verdict in February
1994. A 59-year-old maintenance worker was killed in an Amtrak derailment
in South Carolina. Attorney: Joseph Slama.
$2.5 million: Estate of Hamilton v. Hanna; verdict in October
1990. Landlord was sued for failing to have a working smoke alarm
after a fire in an apartment resulted in the death of the tenant.
Attorney: Lisa McNelis.
$2.169 million: John
Roggio-Wilgus v. Marlin; verdict in February 1995. An unemployed
Desert Storm naval aircraft mechanic was riding a bicycle at night
when he was struck by an off-duty deputy sheriff. He suffered a
head injury with residual memory loss and neuropsychological symptoms.
$1.5 million: Romero
v. Green; settled in February 1993. An 8-year-old boy was struck
by a car when he ran across a bridge in Coral Springs. Broward County
paramedics and ambulance personnel were sued for failing to properly
treat the child, causing further brain damage. An additional settlement
is being finalized.
$1.45 million: Watts v. State Farm; verdict in November 1994.
The plaintiff was struck by a car driven by an insured motorist.
$1.36 million: Conti v. Desmarias and Ryder Truck Rental; verdict
in October. The plaintiff was working for a Navy subcontractor unloading
equipment from a Ryder truck. Mr. Desmarias, the Navy consultant
coordinating the work, accidentally hit a lever causing the truck's
lift gate to descend while the plaintiff was on it. He fell to the
ground
and suffered a fractured skull. The verdict was 81 percent against
Desmarlas and 0 percent against Ryder.
$1
million: Estate of McDonald v. Dr. Reines; settled in September
1994. The plaintiff reported postmenopausal bleeding to her family
doctor, who ordered no testing and made no diagnosis. She was later
diagnosed with endometrial cancer, which had grown too advanced
to be treated, and died.
$1 million: Fecher v. Dr. Wendell; settled in June 1993. A man
in his 20's sought emergency room treatment for what he was
told was a muscle strain. An x-ray, misread as negative, showed
he had a cancerous tumor on his pelvis. The misdiagnosis resulted
in the amputation of the man's leg.
$1 million: Jane Doe v. Smith; settled in August. A 12-year-old
girl was a passenger in a vehicle that rear-ended another vehicle
stopped at a toll plaza. The defendant claimed brake failure. The
girl's family bought the defendant's car from the insurance company
and had it tested by engineers, who found no mechanical defects.
PARTNERS
IN LAW: Clockwise from left: Jon Krupnick, Kelly Hancock, Joseph
Slama, Richard Roselli, Walter Campbell, Jr. and Lisa McNelis.
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