Samuel C. Higginbottom

Samuel is an attorney in the firm's Casualty Department, where he represents clients in the fields of retail liability, automobile litigation, trucking accident litigation, and in various other types of general litigation, including contract disputes, in both state and federal courts. His clients include national and regional trucking companies, retail stores, restaurant chains, grocery chains, international hotel chains, pawnbrokers, and various insurers and service providers to these industries.

Additionally, Samuel has experience defending first and third party coverage claims under marine insurance contracts, cargo and warehousemen disputes, Jones Act and maritime personal injury claims. He assists motor vehicle insurers in defending uninsured motorists claims, and property damage claims brought by assignees seeking coverage under an assignment of benefits.

Samuel graduated from the United States Merchant Marine Academy in 2005 with a B.S. in Marine Engineering. He later attended The Catholic University of America, Columbus School of Law where he received his juris doctor. Prior to entering the legal profession, Samuel was a U.S. Coast Guard licensed engineer with various sea-going experience on tug boats and ocean-going vessels. He was active in the U.S. Navy Reserve Strategic Sealift Readiness Group until his Honorable Discharge from the service.

With every case, Sam works closely with his clients to develop case specific resolution plans. While capable and willing, he recognizes that not every case needs to be tried or requires a defend at all costs attitude, and that sometimes giving way on certain issues, results in obtaining the most desired result in the end.

Year joined

2013

Thought Leadership

A loss of earning capacity claim must be established by the evidence with reasonable certainty. The plaintiff’s opinion alone as to his or her loss of earning capacity is insufficient to carry such a burden.

General Liability
October 1, 2017
When bringing a loss of earning capacity claim, the burden is on the plaintiff to establish, with reasonable certainty, that the capacity to labor has been diminished and to provide a monetary standard to which a jury can measure future loss. Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.

In punitive damages trial, trial court abused its discretion when it failed to instruct jury it could not award an amount of punitive damages that would financially destroy defendant.

General Liability
July 1, 2017
Mr. Persaud rear-ended a vehicle that resulted in the death of the driver, Mr. Santiago, and the passenger, Mr. Batista. Mr. Persaud was convicted of two counts of DUI manslaughter and sentenced to two life sentences. Case Law Alerts, 3rd Quarter, July 2017

Florida law applies “reasonable expectation” test in determining if restaurant may be held negligent for alleged “harmful substance” served a patron.

General Liability
April 1, 2017
The Fourth District Court of Appeals reversed and remanded a trial court’s entry of summary judgment in favor of the defendant restaurant. Case Law Alerts, 2nd Quarter, April 2017

Summary judgment affirmed when there was no evidence that hospital or its cleaning company had actual or constructive knowledge of dangerous condition.

General Liability
April 1, 2017
The Florida Third District Court of Appeals affirmed the entry of summary judgment by the Circuit Court for Miami-Dade County in favor of a hospital and its housekeeping contractor. Case Law Alerts, 2nd Quarter, April 2017

I’m Being Sued for What?!? Analyzing the Florida Supreme Court’s Opinions Applying the Foreseeable Zone of Risk Test To Determine if a Legal Duty Is Owed

Tampa
General Liability
December 1, 2014
By Samuel C. Higginbottom, Esq.*Key Points: Defense Digest, Vol. 20, No. 4, December 2014

Classes/Seminars Taught

Roundtable: Don’t Just Roll the Dice - Hot Topics in Evaluating Personal Injury Claims, Marshall Dennehey Florida Claims Symposium - Casino Royale, Tampa, FL, September 20, 2018

Military Service

U.S. Navv Reserve, Lieutenant, Strategic Sealift Readiness Group, June 2005 to August 2013, Honorable Discharge