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Wendy F. Lumish

Wendy F. Lumish

Partner
Phone:305.995.6099
Fax:305.995.6100

Wendy Lumish is a member of the firm's Appellate and Advance Motions practice group. Her primary focus is on legal issues and appeals in defending product liability, personal injury and medical malpractice cases. She represents manufacturers of multiple products including automobiles, asbestos-containing products, medical and pharmaceutical products and sporting goods. Wendy has extensive experience working on legal issues of national significance including the test of design defect, warnings, crashworthiness, the use and scope of expert testimony, the seat belt defense, punitive damages and class actions. As an active member of the Product Liability Advisory Council for more than 20 years, Wendy has written a number of amicus briefs and is a frequent speaker at meetings.

Wendy's practice includes extensive participation at the trial court level in order to address legal issues and preserve error for appeal. In her role, she assists with general trial strategy, preparation of dispositive motions, motions in limine, Daubert motions and jury instructions. Wendy routinely attends trials to argue these issues. She also handles the post-trial briefing and argument.

Wendy is board certified in Appellate Law by The Florida Bar. She is also a Fellow in the American Academy of Appellate Lawyers, an organization whose membership is limited to 500 members and is by invitation only.  

Bar Admissions

  • Florida, 1981
  • Minnesota, 1996
  • New Jersey, 1983

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida

Education

  • University of Miami School of Law, J.D., 1981

    cum laude

  • Lehigh University, B.A., 1978

    summa cum laude

Professional Associations

    • The Florida Bar
      —Appellate Section
    • Product Liability Advisory Council
    • American Academy of Appellate Lawyers 
      —Fellow
    • Defense Research Institute
      —Women In The Law
    • American Bar Association
      —Litigation Section
      —Tort and Insurance Practice Section Of Litigation
    • The Rosemary Barkett Appellate American Inn of Court, Member 2010 - 2018
    • Florida Standard Jury Instructions Committee, 2001 - 2009
    • Sports and Fitness Industry Association
    • Lawyers for Civil Justice
    • Dade County Bar Association
    • The Florida Third District Court of Appeal Historical Society
    • The Eleventh Circuit Historical Society

Distinctions

    • The Florida Bar
      — Board Certified in Appellate Practice
    • Product Liability Advisory Council
      —Distinguished Service Award
    • Chambers USA
      —Named for Florida Litigation: Appellate, 2006 – 2016, 2018; Nationwide: Product Liability & Mass Torts 2006 – 2015
    • Benchmark Litigation 
      —"Top 250 Women in Litigation," 2012 – 2014, 2016 – 2017
      —Nominated for South Annual Awards “Woman Litigator of the Year,” 2012
      —"Local Litigation Star," Appellate, 2012
    • Who's Who Legal
      — International Who's Who of Product Liability Defence Lawyer, 2018
    • Best Lawyers In America
      —Named in 2005 – 2016
    • Super Lawyers Magazine
      Florida Super Lawyers, 2006 – 2018
    • South Florida Legal Guide
      —Top 100 in South Florida, 2009
    • Florida Legal Elite
      —Listed, 2004 – 2008
    • Daily Business Review
      —Most Effective Lawyer, Appellate, 2006
    • Attorney at Law, Miami Edition
      —Named to "12 To Watch in 2012"
    • Martindale-Hubbell
      —Rated AV-Preeminent
    • Standing Committee on the Federal Judiciary, Practitioner's Reading Group - Nomination of Solicitor General Elena Kagan
    • Phi Beta Kappa

Recent Verdicts & Case Studies


CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Recent News, Events and Blogs


Speaking Engagements

  • "Trial Preservation: The Dual Fight to Win at Trial and to Be Ready for an Appeal," American Bar Association Section of Litigation Appellate Practice Committee, April 2017
  • "Is Daubert Dead in Florida?," Product Liability Advisory Council Spring Conference, April 2017
  • "Recall Fallout – How Your Recall Has Repercussions at Trial and Beyond," Product Liability Advisory Council Fall Conference, October 2016
  • Seminar on Evidence, Guest Lecturer, University of Miami, March 2011 - 2016
  • "Make Your Record Appealing," Product Liability Advisory Council Fall Conference, October 2012
  • "Challenging the Warning Claim as a Matter of Law," Product Liability Advisory Council Fall Conference, October 2010
  • “Overhaul of Florida Standard Jury Instructions,” Product Liability Advisory Council Spring Conference, April 2010
  • "Florida Jury Instructions for Product Liability Claims and Defenses," Product Liability Advisory Council Fall Conference, September 2009
  • “A Closer Look at the Impact of State Farm v. Campbell,” Lorman Education Services, Punitive Damages in Florida, December 2003
  • "Common Strategies for Litigating Punitive Damage Issues," Product Liability Advisory Council Spring Conference, April 2003
  • "Panel Discussion: Emerging Issues in Tort Litigation,” FDLA Annual Meeting, August 2003
  • “Challenging the Warning Claim as a Matter of Law,” Product Liability Advisory Council, October 2000
  • “SUV Aggressivity,” Defense Research Institute, The Product Liability Seminar Automotive Products Specialized Litigation Group, February 1999

Publications

  • "Supreme Court Allows Discharged Jury to be Re-Empaneled," Co-Author, Client Alert, June 2016
  • “Preparing for the Appeal,” Product Liability Litigation: Current Law, Strategies and Best Practices, PLI Treatise, October 2009, updated through 2014
  • "Time For A Legislative Overhaul Of The Sunshine In Litigation Act," Co-Author, The Florida Bar Journal, May 2011
  • "The Third District Reaffirms the General Admissibility of "No Accident" Evidence," Client Alert, 2010
  • "The Third DCA Clarifies The Bounds of Opening Statements and Final Arguments," Client Alert, 2010
  • "Florida Supreme Court Approves New Standard Jury Instructions in Civil Cases," Client Alert, 2010
  • “Testing the Test―One Test Does Not Fit All,” Co-Author, For The Defense, December 2009
  • “A Lot of No Evidence is Still No Evidence” Co-Author, For the Defense, December 2006
  • “Warning! Failure To Read This Article May Be Hazardous To Your Failure To Warn Defense,” Co-Author, 27 Wm. Mitchell L. Rev., 439, 2000
  • “Kinney System Inc. v. The Continental Insurance Company: Forum Non Conveniens Revisited,” The Florida Bar Journal, 1996

Representative Cases

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
  • Faust v. Bayerische Motoren Werke AG, No. 3468 EDA 2015 (Pa. Super. Ct. May 24, 2017) Proper venue
    White v. Roehr, 2017 WL 1325893 (Fla. 2d DCA Mar. 24, 2017) Medical malpractice; jury selection
    Severino v. Goodyear Tire & Rubber Co., 179 So. 3d 329 (Fla. 2d DCA 2015) Personal jurisdiction
    Plancher v. UCF Athletics Ass’n, Inc., Case No. 175 So. 3d 724 (Fla. 2015). Sovereign immunity.
    Motelson v. Ford Motor Co., 24 N.Y.3d 1025 (N.Y. 2014). Application of zone of danger doctrine.
    Great American Ins. Co. of N.Y. v. 2000 Island Blvd. Condo. Ass’n, 153 So. 3d 384 (Fla. 3d DCA 2014). Recusal.
    McDuffie v. Uribe, 133 So. 3d 947 (Fla. 3d DCA 2012). Medical Malpractice; issues of medical treatise, improper introduction of evidence, improper closing argument.
    Ford Motor Company v. Stimpson, 115 So. 3d 401 (Fla. 5th DCA 2013). Fraud on the court, expert testimony and closing arguments.
    Chapman v. Ford Motor Company, 489 Fed. Appx. 999 (8th Cir. 2012). Fraud in product liability action.
    Simon v. Maldonado, 65 So. 3d 8 (Fla. 3d DCA 2011). Medical malpractice; jury selection, evidentiary issues, nonparty defendant.
    Godfrey v. Precision Airmotive Corp., 46 So. 3d 1020 (Fla. 5th DCA 2010). Admission of other accidents; summary judgment on punitive damages.
    • Archbishop Coleman F. Carroll High School, Inc. etc., et al. v. Maynoldi, 30 So. 3d 533 (Fla. 3d DCA 2010). Duty of School to supervise non-school related activities; application of alcohol defense statute; admission of alcohol-related evidence.
    Ford Motor Co. v. Hall-Edwards, 21 So. 3d 99 (Fla. 3d DCA 2009). Sunshine in Litigation Act.
    Ford Motor Co. v. Hall-Edwards, 5 So. 3d 786 (Fla. 3d DCA 2009). Petition for writ of certiorari based on failure to comply with requirements for pleading punitive damages.
    • Ford Motor Co. v. Hall-Edwards, 997 So. 2d 1148 (Fla. 3d DCA 2008). Attorney-client and work-product.
    Ford Motor Co. v. Hall-Edwards, 971 So. 2d 854 (Fla. 3d DCA 2007). Improper admission of other accident evidence and evidence of subsequent remedial measures.
    • Cerasani v. American Honda Motor Co., 955 So. 2d 543 (Fla. 2007). Application of Magnuson-Moss Warranty Act to lessees.
    Engle v. Liggett Group Inc., 945 So. 2d 1246 (Fla. 2006). Affirming in part and reversing in part, 853 So. 2d 434 (Fla. 3d DCA). Class certification, punitive damages and improper conduct of counsel.
    Ryder v. AT&T, Inc., 156 Fed. Appx. 292 (11th Cir. 2005). Sufficiency of evidence of willful and wonton misconduct and admission of expert testimony in breach of contract action.
    Grunow v. Valor Corp. of Florida, 904 So. 2d 551 (Fla. 4th DCA 2005). Relationship between product defect and negligence in product liability action arising from murder of a teacher by a student.
    Force v. Ford Motor Co., 879 So. 2d 103 (Fla. 5th DCA 2004). Appropriate jury instruction concerning the proper test of design defect in the context of a claim of a defect in a seat belt.
    General Motors Corp. v. Porritt, 891 So. 2d 1056 (Fla. 2d DCA 2004). Improper admission of demonstrative test and standard for admissibility of expert testimony.
    Dourado v. Ford Motor Co., 843 So. 2d 913 (Fla. 4th DCA 2003). Limitations on admissibility of medical bills in a wrongful death action.
    D’Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003). (Amicus brief for Florida Defense Lawyers Association) Application of set-off and apportionment rules in medical malpractice action.
    Mason v. Ford Motor Co., 307 F.3d 1271 (11th Cir. 2002). Inconsistent verdicts and waiver issues.
    Scheman-Gonzalez v. Saber Manuf. Co., 816 So. 2d 1133 (Fla. 4th DCA 2002). Definition of design defect and defect by virtue of the failure to warn.
    D’Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001). The role of comparative fault in a crashworthiness case.
    Jackson v. General Motors Corp., 60 S.W. 3d. 800 (Tenn. 2001). (Amicus brief for Product Liability Advisory Council). Definition of design defect.
    Goulah v. Ford Motor Co., 118 F.3d 1478 (11th Cir. 1997). Jury instructions, comparative fault, destruction of evidence.
    Olson v. Ford Motor Co., 558 N.W. 2d 491 (Minn. 1997). Interpretation of Minnesota’s seat belt gag rule.
    Ridley v. Safety Kleen Corporation, 693 So. 2d 934 (Fla. 1996) (Amicus brief for Product Liability Advisory Council). Application of seat belt defense and proper method of addressing this defense at trial.
    Kinney System, Inc. v. Continental Insurance Company, 674 So. 2d 86 (Fla. 1996) (Amicus brief for Product Liability Advisory Council). Forum non conveniens. 
    Campbell v. Cutler Hammer, Inc., 996 F.2d 1164 (11th Cir. 1993), 646 So. 2d 573 (Ala. 1994). Application of comparative negligence in a product liability action.