Laws

A Brief Summary Of The Scotts Miracle Groves Case

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Scotts Miracle Gro is a company in the USA that sells an array of skin care products, herbal treatments and health and beauty items. The founder of the company is Rosemary Anderson, who is an entrepreneur. She was a singer for four musical bands in the seventies. Her credits include tracks on hits for Dokken, Boz Scaggs and Bill Monroe. She has also had some television and film credits. Her life has been full of challenges and she has overcome many hurdles.

Ms. Anderson moved to Scotts Miracle Gro as her legal support for her partner, Martin Anderson, began to wane.

He claimed to be earning six figures a year, a claim that was strenuously denied by her. Mr Anderson was soon out of work when he was diagnosed with throat cancer. His cancer was not discovered until three months prior to his death in February 1996. His insurance policy did not cover the treatment because it was not expected to be successful and Mrs Anderson was unaware that this was an exclusion clause.

In a subsequent legal battle, Mrs. Anderson found herself the target of a defamation suit, brought by Martin Anderson’s former employer, a company called Global Life & Leisure (GL&L). The company, according to court documents, “advertediously” and falsely denied that Martin Anderson ever suffered from throat cancer. This caused a rift in the couple’s marriage, resulting in their separation in August 1996. The defendant’s insurance company, American Medical Response, Inc., (AMR), and its insurance policy, Liability Insurance Company of America, (LICAA) were ultimately responsible for this case. GL&L was eventually forced into bankruptcy in 1998, due to losses incurred by the defense.

After the breakdown of the marriage, Mrs. Anderson and Martin moved into separate homes.

They would later reconcile and divorce in 2021. Martin died in that year, having been diagnosed with throat cancer. His family, through the help of a Scotts Miracle Gro lawyer, sought damages for medical expenses he incurred as a result of his treatment, as well as loss of earning capacity and emotional anguish.

The defense lawyer, Robert Gage, of St. Petersburg, FL, and the victim, Thomas Anderson, of Tampa, FL, disagree about the extent of liability of AMR and the insurance company.

Mr. Gage believes that the insurance company, GL&L, bears the greatest liability. He has also received legal advice from the Palm Beach Gardens Fl Attorney, John B. Donovan, regarding whether a malpractice or negligence claim should be filed against the defendant. Mr. Gage indicated that he would seek out legal representation to build a case against the defendant. Mr. Donovan responded to a legal challenge by the Anderson family, stating that Mr. Gage has been “advised to continue considering their challenge and seeking further information from attorneys at the Palm Beach Gardens Fl Office.” Mr. Donovan declined to comment on the case.

On May 4, Mr. Gage filed a complaint against Mrs. Anderson and the defendant, Martin Anderson. On May 8, Mrs. Anderson was ordered to pay attorney fees by a Florida court. Mr. Gage is not expecting to recover any legal fees from Mrs. Anderson. Mr. Gage is scheduled to begin depositions of potential witnesses on August 7. It is not known when the final judgment will be issued. Mr. Gage is not a party to the action.

Mr. Gage is co-plaintaining a wrongful death claim with the Florida Department of Financial Services.

He is an active member of the Florida Bar Association and is certified as an Adjunct Professor in the Department of Legal Regulation. The Florida Department of Financial Services referred a question to the Florida Supreme Court, which is currently pending. Mr. Gage stated that he was unaware that the claim was being linked to the AMR claim and did not advance any claims regarding the insurance carrier or the defendant.

There are various class action lawsuits and wrongful death actions presently in Florida courts.

One lawsuit, brought forth by Mr. Gage, is currently going before the Florida Supreme Court. He is represented by attorney Gerald B. Frost. The Florida Bar Association can be reached at the office address listed below.

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