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Mary Jo Kuusela Attorney - Tampa, FL -


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Law Office: Mary Jo Kuusela

As a Subrogation expert with over 14 years of revel in, Mary Jo Kuusela knows that well timed resolutions and proactive verbal exchange are important for her clients. Efficient, fee powerful results are a pinnacle priority for Mary Jo, and her revel in encompasses a variety of a success multi-million greenback complaints and class movement claims. Admitted to practice in both Florida and Texas, Mary Jo’s litigation practice focuses on construction defects, products liability, product don't forget, trucking and maritime claims.

She is nicely versed within the complexity of production and settlement instances, lately coping with a lawsuit bobbing up from a building disintegrate involving a breach of settlement and creation disorder…

As a Subrogation expert with over 14 years of enjoy, Mary Jo Kuusela knows that timely resolutions and proactive verbal exchange are vital for her customers. Efficient, cost powerful outcomes are a pinnacle precedence for Mary Jo, and her experience encompasses quite a number successful multi-million dollar lawsuits and sophistication movement claims. Admitted to practice in both Florida and Texas, Mary Jo’s litigation exercise makes a speciality of production defects, merchandise liability, product don't forget, trucking and maritime claims.

She is well versed inside the complexity of construction and agreement instances, currently handling a lawsuit springing up from a constructing fall apart related to a breach of agreement and production defect claim wherein damages surpassed 7.three million. Her current stories consist of a lawsuit bobbing up from a water loss involving negligent installation and renovation of a hearth sprinkler device, and a roof damage claim because of construction defects as a result of Hurricane Irma with damages exceeding 3.2 and three.three million.

Mary Jo loves a mission. Starting as a prison secretary, working her manner up as a paralegal, and in the end turning into an attorney, she is familiar with each aspect of a regulation organization. Her beyond reviews are the motive for her patron oriented, proactive technique, and she enjoys sharing her expertise with her clients and their insureds. Mary Jo has also written on plenty of criminal topics, as well as recently presenting a webinar on Fire Sprinkler Claims. She is also a proud member of the National Association of Subrogation Professionals and presented Subrogation College at the NASP Annual Conference.

Mary Jo actively supports neighborhood charities thru numerous channels and believes giving again is fundamental to becoming part of the network. She has volunteered in several pro bono activities at the Hillsborough County Courthouse in the Family Forms Clinic, Domestic Violence Program, and the Attorney Ad Litem Program. Mary Jo also contributes to Metropolitan Ministries, United Way, and her neighborhood church organizations, supporting their efforts in enhancing ordinary lifestyles for the ones in want.

Publications

February 22, 2017 PUBLICATION Pennsylvania - VOIDED Terms and Conditions: Unlawful and Unconscionable Exculpatory Clauses

How a lot of your subrogation claims have been closed due to the subrogation killing phrases and conditions of a agreement? A recent decision within the Eastern District of Pennsylvania, United States District Court located in desire of a subrogating insurance service and held that the phrases and conditions barring recovery had been each unlawfully drafted and unconscionable, for this reason permitting the subrogating provider to transport ahead with its subrogation declare. State Farm Fire & Cas. Co., a/s/o Sara Rivera v. Petroleum Heat & Power Co., Inc., 2016 WL 5816182 (E.D. Penn. October five, 2016).

October 20, 2016 PUBLICATION Kentucky- Business Personal Property Damages Excluded under Daubert

Have your personal assets or enterprise private belongings subrogation damages ever been excluded below a Daubert mission? They may be if the damages aren't sufficiently supported through proof. If any of the stairs aren't accompanied in calculating the actual coins fee of the non-public belongings damages, the whole declare may additionally get excluded.

October 13, 2015 PUBLICATION When is the Contract Complete? Court Rules that Statue of Repose Commences Upon Final Payment.

Recently, Florida’s Fifth District Court of Appeal reviewed the statute of repose relative to upgrades to real belongings.

October 01, 2012 PUBLICATION Experts - When to Discuss the Facts and When to Obtain a Report

How in many instances have you received an expert record with out requesting one? It takes place more than one would assume. Hopefully, you're operating with specialists who do not put together reports on their personal with out your request. If you're working with an expert for the first time, it might be sensible to speak with the expert to make sure that everyone is at the same page in relation to a written document. After all, once an expert has issued a record, it can not be re-written.

April 01, 2012 PUBLICATION Are Expert Reports Always Protected by means of the Work Product Protection?... Maybe Not.

A query once in a while arises as to whether expert reports are covered beneath the paintings product doctrine whilst experts are retained by using claims adjusters, in place of attorneys. For example, when expert reviews are issued to adjusters or some other subrogation professional, the document may be deemed now not blanketed, because the report is written during the everyday path of an adjustment or investigative stage of a declare. On the opposite hand, whilst professional reviews are directed to an legal professional, the expert report normally has a better hazard of being included from subsequent disclosure, in step with the paintings product doctrine.

July 08, 2010 PUBLICATION Maryland Court Holds Waiver of Subrogation Contract Language Does Not Bar Recovery After Project Completion and Final Payment

In Hartford Underwriters Insurance Company v. Phoebus, a Maryland appellate court docket ruled that an insurance agency’s subrogation claim ought to proceed in opposition to a widespread contractor and subcontractor, no matter subrogation waivers inside the AlA shape creation contract governing the contractors’ work. In Phoebus, the plaintiff-insurer issued a assets coverage policy to a eating place’s proprietor subsequent to the eating place’s creation. When a fireplace damaged the restaurant and it turned into determined that defective electric wiring and components prompted the fire, the insurer sought recuperation from the contractors who achieved electric work at some stage in the restaurant’s production.

May 24, 2010 PUBLICATION Don’t Cut Corners on Proper Notice...It Matters!

This article became at the start posted in NASP’s Subrogator book, Winter 2010. 2010. Reprinted through permission.

Contact & Information the authors for the entire version of the object.

April 01, 2005 PUBLICATION Florida’s Made Whole Doctrine: Returning A Portion of the Insured’s Deductible Is Permissible - For Now!

Per Florida’s Made Whole Doctrine, insurers want handiest reimburse their insureds to the quantity of their insured’s legally recoverable loss. In the latest case of Monte De Oca v. State Farm Fire & Casualty Co., ---So.second---, 2004 WL 2955008 (Fla. 3d DCA 2004), the Third District Court of Appeal supported the partial return of a deductible to an insured based totally on the insured’s comparative negligence. This case is massive because it clarifies that an insurer, in Florida, does no longer violate the Made Whole Doctrine while the insurer returns only a prorated portion of the deductible to the insured due to the insured’s comparative negligence.

January 01, 2005 PUBLICATION Spoliation of Evidence - Limiting the Duty to Preserve

A summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008). A recent case from the Supreme Court of Alabama. In Killings v. Enterprise Leasing Company, Inc.,1 the Alabama Supreme Court recently held that a Plaintiff may proceed with a declare of spoliation against a third party liable for negligently discarding necessary proof in an underlying case.

Media

eAlerts

September 07, 2018 eALERT Toyota Issues Recall for Prius Hybrid Vehicle Due to Fire Risk

On September five, 2018 Toyota issued a recollect for its Prius hybrid automobiles synthetic between 2016 and 2018 due to a threat of fire.

September 07, 2018 eALERT Ford recalls 2 million F-a hundred and fifty vans due to fire chance

This do not forget entails approximately 2 million F-one hundred fifty pickup vans in North America because of a seat belt mechanism malfunction that has commenced fires.

May 31, 2018 eALERT Smart ForTwo Cabrio and Coupe Vehicles Recalled for Fire Risk

The remember involves rear insulation mats within the engine compartment that would deform, deteriorate and unfasten over the years that may come into touch with the recent exhaust system resulting in a hearth.

Webinars

March 20, 2018 WEBINARS Quick Investigating Tips for Fire Sprinkler Claims

Watch Partner attorney Mary Jo Kuusela as she presented Quick Investigating Tips for Fire Sprinkler Claims. This path affords the adjuster and subrogation specialist with brief investigating tips for easy to complex issues involved with fireplace sprinkler gadget claims. The presentation addresses beginning and purpose, machine identity, and data needed to evaluate a declare to determine if there is subrogation ability. There is likewise a discussion at the installation, protection, and upkeep worried with hearth sprinkler systems, as well as governing codes and authorities.

Blog Posts

October 13, 2014 BLOG POST Is Texas Following Florida’s Lead On Changing The Economic Loss Rule?

Practicing in each Florida and Texas I have seen the Economic Loss Rule evolve through the years, and its direct impact on the recuperation potential for our subrogation claims seems to be shifting in a nice route. Recently, the Texas Supreme Court held in a in step with curium opinion in Chapman Custom Homes, Inc. v. Dallas Plumbing Co., 2014 WL 4116839 (Tex. Aug. 22, 2014), that a claimant can now convey a tort declare (negligence, in this situation) in opposition to a celebration, in addition to a breach of contract declare. In doing so, the Court carried out...

Events

October 28, 2014 EVENT NASP Webinar

Ethical Considerations for Subrogation Professionals During the Claims Handling Process

November 11, 2012 EVENT 2012 NASP Annual Conference

Mary Jo spoke at NASP’s 2012 Annual Conference. The subject matter become, Subrogation College.

November 09, 2010 EVENT NASP Litigation Seminar

Litigation for the Subro College 200

February 23, 2010 EVENT Subrogating Construction Claims and the Obstacles We Typically Face

Local Education and Networking

July 23, 2008 EVENT Florida Subrogation Update

National Association of Subrogation Professionals, Florida Chapter Meeting

News

March 08, 2018 NEWS International Women’s Day

Leadership is about making others higher because of your presence and making sure that effect lasts on your absence.

-Sheryl Sanberg

Butler Weihmuller Katz Craig

Practise Areas

Law Firm Position

Partner legal professional

Admission Info

Admitted in Florida Courts (State and Federal)
Texas Courts (State and Federal)
Florida
Texas

Start at the Faculty of Law
Stetson University College of Law

Class of 2003
J.D.

University Attended

University of South Florida
Class of 2000
B.A.

Associations & Memberships

Memberships

•American Bar Association (ABA)
•Florida Bar Association
•Hillsborough County Bar Association (HCBA)
•National Association of Subrogation Professionals (NASP)
•Texas Bar Association

Representative Cases
CASE TYPE: Commercial Litigation
Construction Defect Litigation
Contribution Claims
Explosions
Federal Tort Claims Act Litigation
Fire Spread Litigation
Hurricane Losses
Manufacturer Liability
Material Failures
Negligent Supervision
Products Liability
Sovereign Immunity Issues
Structural Collapse
Subrogation
Trucking
Experience: 1910, Inc. v. Ironwood Properties, Inc. (subrogation lawsuit bobbing up from building harm caused by production activities at adjacent lot such as sheet pile riding, soil compaction, excavation and different vibratory construction. Damages passed $1.1 million.)
2800 Henderson and Artreach v. Brasscraft Manufacturing Co. (subrogation claim involving a water loss because of a faulty water supply line. Damages surpassed $950,000.)
Art & Frame v. Simon Roofing & Sheet Metal Corp. (subrogation lawsuit bobbing up from a constructing crumble regarding a breach of contract, and creation disorder claim. Damages exceeded $7.three million.)
Belle Vista v. Virginia Sprinkler Company, Inc. (subrogation lawsuit springing up from a water loss regarding a negligent set up and upkeep of a hearth sprinkler machine. Damages exceeded $3.2 million.)
Casa Linda Professional Building and Bristow v. Oncor Electric Delivery Co. (subrogation lawsuit arising from a hearth resulting from a Texas software employer due to improper preservation of utility service. Damages passed $1 million.)
Club at Shiloh Ridge v. Ver-Max, Inc. (subrogation lawsuit involving a fire because of unsuitable service and maintenance of a commercial kitchen vent hood gadget. Damages exceeded $1.7 million.)
God's Love in Action, et al vs. Midea Group Co., LTD., et al. - (subrogation lawsuit bobbing up from a fire loss due to the failure of a refrigerator). Damages surpassed $1.1 million.
In re: West Explosion Cases - Cause No. 2013-2476-four (a hundred and seventieth Dist. McLennan County, TX) (mass tort litigation and subrogation lawsuit following explosion of fertilizer plant in West, Texas).
Pan Am Equities v. Frantz (subrogation claim related to a hearth because of the tenant because of unattended cooking. Damages exceeded $1.35 million.)
Prather v, Bosch Home Appliances Corp. (subrogation lawsuit arising from fireplace caused by product defect in dishwasher involving a CPSC keep in mind. Damages handed $800,000.)
Tieszen v. Titeflex, et al. - (subrogation lawsuit arising from a fire loss due to the failure of corrugated stainless steel tubing ( CSST ). Damages passed $800,000.
Travel Pro v. Southern Coatings (subrogation lawsuit springing up from roof harm because of construction defects revealed for the duration of Hurricane Wilma. Damages handed $3.4 million.)

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Tampa

400 North Ashley Drive, Suite 2300
Tampa, FL  33602
U.S.A.
Tampa

Mary Jo Kuusela



telephone Phone: 8132811900

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Tampa

four hundred North Ashley Drive, Suite 2300
Tampa, FL  33602
U.S.A.

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