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Eric K. Gressman

Partner

Miami

Eric K. Gressman Attorney Profile | Kelley Kronenberg

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Overview

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Eric Gressman is a Partner and Business Unit Leader focusing his practice on Medical Malpractice and Property and Casualty Insurance Defense.

An experienced litigator, Eric has served as lead counsel in over 400 State and Federal jury trials, 100 non-jury trials, and over 100 appeals. He has handled matters involving first party residential and commercial property claims, wrongful death, personal injury, personnel, employment, discrimination, medical malpractice, civil rights, false arrest, excessive force, construction contracts, land use, First Amendment, the RICO Act, and civil theft claims.

Prior to joining the firm, Eric served for more than 35 years as an Assistant County Attorney at the Miami-Dade County Attorney’s Office. During his tenure at the County Attorney’s Office, Eric served as the Chief of the Torts Section and received an award for exemplary service.

Eric is an Adjunct Professor at the University of Miami Law School and a member of the Paralegal Faculty at the University of Miami.

Eric is also a Certified Water Damage Restoration Technician, accredited by the Institute of Inspection, Cleaning, and Restoration Certification (IICRC).

  • United States Supreme Court
  • Florida
  • United States District Court, Middle District of Florida
  • United States District Court, Southern District of Florida
  • United States Court of Appeals, 11th Circuit
  • District of Columbia
  • University of Michigan Law School, J.D., 1981
  • University of Michigan Rackham Graduate School, M.P.P, 1978
  • University of Michigan, B.A., 1977
  • Obtained a jury trial verdict of no liability in a medical malpractice case, on behalf of Public Health Trust. The Plaintiff’s estate claimed that a nurse at Jackson South committed malpractice when he failed to recognize that the Plaintiff was having a heart attack. Despite the nurse’s admission of malpractice in deposition, experts testified on behalf of the Defendant that there was no nursing malpractice.
  • Obtained a jury trial verdict of no liability in a medical malpractice case, on behalf Public Health Trust. The Plaintiffs claimed that risks associated with medical procedures were not adequately explained to them.
  • Plaintiff sued under 42 U.S.C. Section 1983 to recover for personal injuries, punitive damages, and attorney’s fees resulting from a police shooting.  The Plaintiff sued claiming excessive force and delay in rendering medical care.  The jury returned a verdict of no liability on behalf of all Defendants, all of which Eric represented.
  • Obtained reversal of adverse verdicts in a case in the Third District Court of Appeals wherein the Defendants were found liable for false arrest and malicious prosecution. The Florida Supreme Court denied certiorari. This case is considered a seminal case on false arrest and the malicious prosecution claims.  
  • Obtained several dismissals with prejudice in medical malpractice cases for Plaintiff’s failure to follow pre-suit requirements under Florida Statute Chapters 766 and 768.
  • Obtained Summary Judgment on behalf of Miami-Dade County in a claim where a woman fell on a county-owned bus and suffered serious injuries.  The Plaintiff claimed that the bus driver drove with extraordinary violence.  Summary Judgment was upheld on appeal.
  • Obtained a jury verdict of no liability for Miami-Dade County where a woman fell on a county-owned bus and suffered serious injuries. The judge granted a new trial based on an alleged erroneous exclusion of a portion of a bus manual.  Eric appealed the new trial order.  The Third District Court of Appeals reversed the trial judge and mandated that the jury verdict be enforced.
  • Obtained directed verdict on behalf of Jackson Memorial Hospital in a slip and fall case. At trial, Eric showed that there was no evidence as to how long the substance was on the floor before the slip and resulting injury occurred.  Based on case law, the Judge directed a verdict.  There was no appeal.
  • Represented a Defendant in a construction contract case where jury returned a zero verdict, finding no liability. 
  • Obtained a jury verdict of no liability in a police brutality case, in Federal Court, on behalf of the Defendant. Plaintiff claimed that he was beaten up during arrest.
  • Obtained a jury verdict of no liability for a failure to protect, on behalf of Miami-Dade County Corrections and Rehabilitation Department, in Federal Court, in a case where an inmate claimed the jail failed to protect him from another violent inmate.
  • Obtained jury verdict of no liability on behalf of Miami-Dade County in a premises liability case. The Plaintiff, a Miami-Dade resident, alleged that he was mistakenly shot by a gang member because the lighting in a parking lot maintained by the County was defective.
  • Obtained a directed verdict in an employment case involving an alleged hostile work environment and retaliation by Miami-Dade Fire Department.  The directed verdict was upheld on appeal.
  • Obtained dismissal on behalf of Miami-Dade County.  A loader driver injured two workers at the Port of Miami.  The defendants claimed there was improper lighting at the Port, which is maintained by the County.  The County was dismissed and did not pay any part of the settlement.


Practice Areas




Accolades, Associations & News

Awards Associations Speaking Engagement Media
  • Marquis Who’s Who Top Lawyers, Lifetime Member, 2008 – present
  • Cambridge Who’s Who, Member, 2008 –present
  • Distinguished Service Award, Miami-Dade County Attorney’s Office, 1990

Professional Associations

  • American Bar Association

Community

  • Florida’s Children First, 2021, Host Committee

  • Friendship Circle, Miami, 2020-2021, Volunteer

  • Miami-Dadeland Rotary Club, 2017 – 2018, President
  • University of Miami Law School, Adjunct Professor
  • The Princeton Review, Instructor
  • University of Miami, Paralegal Faculty
  • Speaker, Depos: How to Master the Deposition, Pincus Professional Education, March 2021

Publications

  • Co-author, Necessary and Proper Roots of Exceptions to Federal Jurisdiction, 51 Geo. Wash. L. Rev. 495 (1983)
  • Canadian Merger Policy and Its International Implications, Corporate Concentration, University of Michigan Press, pp. 172 ‐ 200 (1981).