Jeffrey Foreman and Jeffrey Maltzman recognized as top litigators

MIAMI, FL (June 23, 2009) – Founding partners and principals of the Miami-based law firm of Maltzman Foreman, Jeffrey Maltzman and Jeffrey Foreman, were recently profiled in the National Law Journal’s prestigious 2009 edition of “Winning: Profiles of Successful Attorneys and Their Strategies,” an annual selection and profile of 12 trial attorneys from around the country with a significant track record of success.

“Our firm shares the common goal of doing what it takes to achieve victories for our clients, and this award truly recognizes our dedication,” said Foreman. “We’re very honored and humbled that our work has been recognized by the National Law Journal and we will continue to aspire to the same levels of success for years to come.” 

In compiling the annual list, The National Law Journal receives nominations of litigators with at least one significant recent bench or jury trial verdict and who have had a record of success over many years. The cases featured in this year’s Winning list were those where significant damages were at stake, cases that created precedents, or those in which the attorneys prevailed in a hostile jurisdiction or against overwhelming odds.

The National Law Journal chose Foreman and Maltzman for their pivotal roles in the firm’s trial victory for Fun Water Tours.  The lawsuit involved eight tourists visiting the British Virgin Islands that were injured when their tour truck’s brakes malfunctioned, causing it to crash into the side of a mountain. Originally, there appeared to be evidence that the truck’s driver knew the vehicle was faulty because he was storing a container of brake fluid in the truck at the start of the tour. This meant Fun Water Tours, the company that ran the tour, was aware of the vehicles brake problems and could be liable for millions of dollars in damages.

Representing Fun Water Tours, Maltzman and Foreman, together with their partner Noah Silverman, came into the case late, replacing prior counsel and set a goal of minimizing damages.  They began by digging through health records to determine if any of the plaintiffs had lied about their injuries, and eventually they hit paydirt – two of the plaintiffs had failed to disclose pre-existing conditions. With this knowledge in hand, Maltzman and Foreman moved to dismiss the case for fraud. The two plaintiffs in question quickly settled out of court.

Of the remaining six plaintiffs, Foreman and Maltzman were able to impeach five based on the fact that most had exaggerated their suffering. However, the one unimpeached plaintiff, Louise Daniels, an 86-year-old retired librarian from New York, had a story that deviated slightly from that given by the other five plaintiffs.

While the other five Plaintiffs all testified they witnessed the tour driver retrieve brake fluid from inside the truck’s cab, Daniels testified she saw the driver emerge from a nearby building with something in his hand immediately before adding brake fluid to the truck.  Throughout trial Plaintiffs had paraded a “smoking gun” photo showing the tour truck with its hood open shortly before the accident as evidence to bolster their claim that the driver had retrieved brake fluid from the cab and poured it into the truck shortly before the accident.  Thanks to Foreman’s keen eye for detail, he noticed a pelican statue atop a fence post in the faded background of the “smoking gun” photo.  This small detail ultimately destroyed plaintiffs’ case.  As the last witness at trial, Maltzman and Foreman called a witness who testified that only one such pelican statue exists on the island of Tortola and that it was located immediately adjacent to a small island country store, which happened to sell brake fluid.

This meant that the travel company, Fun Water Tours, hadn’t known about the vehicle’s problem and wasn’t liable for the accident.

“The odds were overwhelmingly against us at the beginning, and it proves the point: Never stop looking, never stop digging,” Maltzman said. “If you thought this case was in the can two weeks before trial, it wouldn’t have been won.”

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About Maltzman Foreman
Maltzman Foreman is a full-service law firm concentrating in the litigation of civil and commercial matters, including business disputes and transactions, hospitality and tourism, admiralty and maritime, first and third party insurance matters, class actions, and employment. The firm represents individuals, small business and some of the most widely recognized corporations in the world. Maltzman Foreman is located at 2 South Biscayne Blvd., Suite 2300, Miami, Florida 33131. For more information log on to www.mflegal.com

Media Contact: Todd Templin or Tracy Longin of Boardroom Communications at 954-370-8999 or email  ttemplin@boardroompr.com or tlongin@boardroompr.com both for Maltzman Foreman.