Kenneth L. Baker Of Counsel

     

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Kenneth Baker focuses his practice on the defense of complex tort litigation, products liability claims, professional liability claims and related insurance defense matters.

In his nearly 35 years in practice, Ken has demonstrated the kind of maturity and experience that clients expect from their attorney. A stable presence in the Florida legal community, Ken has served on the Fee Arbitration Committee of the Orange County Bar and acted as court-appointed mediator in civil and domestic cases.

Areas of Focus

Complex Tort & General Casualty
In the area of complex tort and general casualty, Ken assists clients in preventing, mitigating and managing exposure through risk, crises, and claims and litigation management.

Amusement & Theme Park Liability
Ken has defended some of the firm’s major corporate clients in lawsuits and claims related to theme park liability and amusement rides in claims based on negligence, product liability, premises liability or wrongful death.

Insurance & Reinsurance Coverage
In insurance coverage cases, Ken’s approach is to engage in early assessment and develop recommendations designed to resolve disputed issues related to the insurer’s duties to indemnify and defend. This may include seeking declaratory relief in state or federal court, as appropriate. For matters involving alleged bad faith, Ken is especially proactive and cognizant of potential discovery issues related to handling of the underlying file by the insurer and appointed defense counsel.

Product Liability
Ken understands that product liability cases often extend beyond legal defense to reputational and financial effects on all aspects of a business. Since each claim can have nationwide and sometimes international implications, he assesses the spectrum of possibilities at an early stage. Ken has defended numerous product liability cases involving a broad range of products.

Professional Liability
Ken has handled a wide range of claims brought by individuals and organizations against professionals. He has represented doctors and other health care providers, lawyers, architects and engineers in professional liability matters. He often works “cross-practice” with other functional areas within our firm to assist with the growing number of challenges that arise in various facets of a case.

Transportation
Using keen insight and a strong working knowledge of the transportation industry, Ken handles sensitive matters with respect for the bottom line of an industry under siege from high judgments, rising tolls, skyrocketing fuel costs, and increases in fines and fees. He is committed to staying abreast of legislative, regulatory, technological and other developments that will have an impact on his transportation clients.

Representative Matters

Defended a municipal utility. Plaintiff sustained catastrophic burns and amputation of several fingers when he became tangled in high-power lines while making a gravel delivery in a rural area. Trial resulted in a plaintiff’s verdict following a per se negligence instruction, but at a small fraction of the pre-trial demand. Defendant was found only 17 percent at fault as opposed to plaintiff’s 60 percent and another non-party’s 23 percent. Both parties appealed and a favorable settlement was achieved during the appeal.

Defended a cardiologist against medical malpractice claim. Plaintiff claimed permanent injuries, including RSD (reflex sympathetic dystrophy) syndrome, following a cardiac catheterization. A co-defendant vascular surgeon settled. We obtained a voluntarily dismissal without any payment prior to trial.

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