Billionaire’s Helicopter Crash Review Leads to Wrongful Death Suit

Feb. 18, 2016 - PRLog -- In a stunning turnaround, an Appeals Court in Florida has allowed a wrongful death suit brought against Jeffrey Soffer the billionaire owner of the famed Fontainebleau Hotel and husband of top model Elle Macpherson to proceed. The suit alleged that Soffer was piloting a helicopter without a license when he crashed it on the way to Marsh Harbor, Bahamas, killing his friend Lance Valdez, an international tax lawyer friend.

The suit charges that Soffer attempted to conceal the fact that he was flying at the time of the crash, relying on a close group of friends, and well known Miami-based aviation lawyer, Steven Marks, to induce Mr. Valdez’ wife, Dasha Gogoleva, to accept a relatively small amount of insurance proceeds, as the means of deterring her from suing Soffer. In substance, the suit alleges that at Soffer’s instance, that the lawyer agree to represent Soffer, two co-passengers on board linked to Soffer, and Ms. Gogoleva and her minor children, without making the full disclosure of the risks associated with such representation by the same attorney.

The suit further claims that the lawyer fraudulently induced Ms. Gogoleva to sign a Full Release that not only released the insurer, but which also released the co-passengers including Soffer—a release provision said to be highly unusual by experts and the court; and which, it is claimed, was alleged was intended to enable Soffer to escape liability.

In November, 2014, Gogoleva filed a lawsuit in the United States Federal Court for the Southern District of Florida, Gogoleva v. Marks, et. al., Case No. 14-24274-Civ-Ryskamp, alleging legal malpractice against Marks and his law firm, the well-known firm of Podhurst Orseck, in respect of Marks’ representation of Ms. Gogoleva and her minor children..

It is interesting in this connection that in the decision reversing the lower court’s dismissal of the suit against Soffer, the Appeals Court, in substance, asked:  If there were any claims suspected or known between all of co-passengers, “how could a single attorney ethically represent all four Releasors?” Now that the dismissal of her complaint has been reversed, Ms. Gogoleva will be able to pursue that question in conjunction with her claims against Soffer.

Following the State Appellate Court  ruling Ms. Gogoleva moved swiftly to terminate her prior counsel in the Florida state court action, and to continue her action with legal representation provided by  Jeffrey L. Rosenberg, Old Westbury, NY, her husband’s long time corporate and litigation counsel and friend, and Hunter J. Shkolnik, Esq., of Napoli Shkolnik, PLLC, New York City, who is a nationally acclaimed  and highly respected,  mass tort and aviation lawyer, since Rosenberg and Shkolnik have been handling the legal malpractice claims against Marks and the Podhurst Firm.

About the firms:
Napoli Shkolnik PLLC is a national litigation firm providing representation to victims of Aviation Accidents, defective prescriptions drugs and medical devices, asbestos-related illnesses, complex litigation and other serious personal injury matters. With their principal offices in New York City and additional offices in California, Delaware, Florida, Illinois, New Jersey, Pennsylvania, Texas and affiliates through the United States, Napoli Shkolnik PLLC is readily available to clients.

Jeffrey L. Rosenberg & Associates concentrates on commercial and corporate transactions, and complex commercial litigation matters; as well as a unique brand of investment banking and strategic planning services.

For more information contact:
Hunter Shkolnik
Napoli Shkolnik PLLC
1301 Avenue of the Americas, 10th Floor
New York, NY 10019
(212) (tel:(212)%20397-1000) 397-1000 (tel:(212)%20397-1000)
E-mail:​ hunter@napolilaw.com