Shana Nogues is an AV® Preeminent™ rated attorney focusing her personal injury practice on wrongful death and catastrophic injury cases involving product liability, automobile accidents, workplace injuries, premise liability, trucking accidents, maritime law, and industrial accidents.
Some of Shana’s most notable verdicts and settlements include obtaining a $30M Jury Verdict Against Chinese Manufacturer for Victim of Oven Explosion and a $4.9 Million Verdict for a Single Mother injured in a Rear-end Crash. The young mother suffered severe injuries which prevented her from caring for her young child. In another case, Shana was able to obtain a confidential settlement against the firearms manufacturer for the severe and painful injuries suffered by our client.
Shana has been selected by her peers for the Best Lawyers of America for her work on behalf of plaintiffs in Personal Injury Litigations. She has also been named to the Top 40 Under 40 and the Top 100 Civil Plaintiff Trial Lawyers by the National Trial Lawyers. She has achieved an AV® Preeminent™ rating from Martindale-Hubbell®, which denotes the highest standard of professional ability and ethical standards.
A graduate of Tulane University School of Law, Shana has been published in newsletters and journals on topics ranging from workers’ compensation claims to trial strategies. In law school, she served as Managing Editor of the Tulane Journal of Technology and Intellectual Property.
As part of her pro bono practice, Shana serves as a mentor for children committed to Florida’s dependency system.
Prior to joining the firm, Shana practiced corporate and insurance defense litigation. She served as temporary in-house counsel for an international car rental company, overseeing a team of attorneys and leading the transition from their in-house claims department to a third-party administrator. The six-month project provided a unique insight into the inner workings of the claims process – specialized knowledge that she frequently employs in her personal injury practice. In 2011, Shana served as extern to a federal judge, the Honorable Judge Kurt D. Engelhardt.
At Clark, Fountain, La Vista, Littky-Rubin & Whitman, Shana represents clients throughout Florida and the United States who have been significantly injured by the negligence of others.
$30M Jury Verdict Against Chinese Manufacturer for Victim of Oven Explosion
Attorneys, Shana P. Nogues and Julie H. Littky-Rubin, convinced a Miami-Dade County jury to award over $30,000,000.00 in its verdict against Sinton Technology Limited, a Chinese manufacturer of electric heating products, in a case arising out of the explosion of a defective oven that caused life-threatening injuries to their client.
The victim was working at a Florida coffee factory when the explosion took place. He sustained life-threatening blast injuries, including multiple skull fractures, a traumatic brain injury, a punctured lung, a lacerated liver, and a shattered lower right leg while unpacking a crate unrelated to the use of the oven.
The client spent more than four months in the hospital with a 50% chance of survival. Since the explosion, he has undergone twenty surgeries and will require more in the future.
Female Trial Team Obtains $4.98 Million Verdict their deserving client, Jennie Pagan, who suffered significant injuries as a result of a rear-end collision accident
Ms. Pagan was on her way to work in her Honda Accord when she was stopped in traffic. Unfortunately, the defendant driver of a Ford F-550 truck crashed into her from behind. The sudden impact resulted in a painful C5-6 disc herniation in her neck. The injury required Jennie to undergo physical therapy, pain management treatment, and ultimately necessitated cervical disc replacement surgery.
While the defendant admitted fault for rear-ending Ms. Pagan and admitted that she did, in fact, sustain “some” injuries, the Driver and his Insurance Company, Progressive, refused to accept that she was permanently injured, or that her life-changing surgery was caused by the crash.
Ms. Pagan incurred about $186,000 in medical expenses and is expected to require future medical treatment.
In trial, Ms. Nogues and Ms. Dinetz proved that Ms. Pagan suffered a permanent injury. They focused on the extensive medical treatment and therapy she underwent in her effort to get better. They highlighted the immense pain and suffering, mental anguish, and loss of enjoyment of life that Ms. Pagan has suffered and will continue to endure for the rest of her life, and how those injuries sidelined this single mother from being able to fully participate in life with her young daughter.
By taking the time to understand the full scope of how this accident and injuries impacted our 43-year-old client, attorneys Shana P. Nogues, Jennifer A. Dinetz, and Nancy La Vista were able to convince a Broward county jury to fully compensate Jennie Pagan for all that she has suffered and will continue to suffer into the future.
Judge Denies Defendant’s Motion Seeking Final Summary Judgment After Defective Oven Explodes Leaving Worker Permanently Injured
Following a devastating explosion of a commercial oven that left a 40-year-old worker permanently injured and fighting for his life, a Miami-Dade Judge Denied the Defendant’s Motion for Final Summary Judgment, where the Defendant asserted that the victim had elected his remedy by accepting and filing for workers’ compensation benefits. The trial judge believed the record contained factual issues, and refused to throw our Client’s civil case out.
Our Client was working at a Florida Specialty Coffee Company. At the time of the explosion, he was unpacking a crate, unrelated to use of the dryer oven, when the oven used to dry coffee beans exploded.
As a result of the devastating blast, our Client sustained life-threatening injuries including multiple bone fractures, lacerations to his liver, a right pneumothorax, a pneumomediastinum, acute blood loss, and a concussion.
Since the explosion, our Client has required extensive medical care, spending more than four months in the hospital, undergoing nineteen surgeries to date, and facing more surgical procedures in his future. Sadly, he will likely lose his right lower leg at some point in the future.
Shana P. Nogues Obtains Confidential Settlement After Client Suffers Partial Amputation
In the summer of 2020, our client, an experienced boater, and his wife purchased a slightly used vessel from a local boat dealership in Central Georgia. In the days following their purchase, our clients towed the boat to a nearby lake to enjoy a day of water skiing and wakeboarding with their young children.
On their way back to the dock, the boat’s engine suddenly began to overheat and release smoke from the motor before coming to a stop.
To determine the cause of the problem, our client entered the designated walkway and opened the motor hatch cover held open by hydraulic gas springs to investigate further.
While standing above the motor looking down, a wake from a passing boat rocked our client’s boat causing the motor hatch cover to violently slam down on his foot like a guillotine, locking in place and trapping his foot.
As a result, our client suffered significant fractures to multiple toes that required emergency surgery and pain management treatment. Despite numerous surgical attempts to save our client’s toes, they were unable to restore blood flow to the affected area, and partial amputation of the foot was required to save the remainder of the foot and lower leg.
Confidential Settlement Of Boat Defect Case Highlights The Importance Of Injury Mitigation In The Design Process
Although it is rare for attorneys to pursue claims for crashworthiness against boat manufacturers, Clark Fountain’s, Shana P. Nogues did exactly that in a recent case. This groundbreaking litigation could have far reaching implications.
When an aftermarket boat up fitter added a forward railing system to an existing boat design, they failed to consider the implications of the design in the event of a crash and never evaluated what would happen to an occupant’s body that impacted the aftermarket add-on design feature during a crash.
Unfortunately, a crash occurred and a passenger in the boat who was properly seated and wearing a life jacket struck her head on a 90-degree junction in the railing and suffered a fatal skull fracture. In disbelief and desperate for answers, the victim’s family retained Clark Fountain to investigate the incident.
After employing design engineers and biomechanical injury causation experts, Shana was able to convince the manufacturer that their design was the cause of the young woman’s death when her head struck the aftermarket railing after the boat impacted a bridge support. Shana was also able to establish that the manufacturer owed a duty to consider injury mitigation in the design and should have adopted alternative safer design features.
Due to the unusual nature of the case the defendant hired their own team of experts to fight the case. However, shortly before trial a confidential settlement was reached. Although no settlement can erase the family’s grief, Shana is hopeful that the case will result in other manufacturers adopting design strategies that consider occupant injury prevention and that ultimately other families will be spared from experiencing what our clients endured.
Products Liability Case Against Gun Manufacturer For Drop Fire Incident Results in Confidential Settlement
Firm client sustained a devastating gunshot wound when his firearm discharged upon falling on the floor. The stray bullet entered his leg and struck his tibia then fragmented causing our client to suffer from compartment syndrome. Our client underwent emergency surgery and extensive rehabilitation in his recovery.
The lawsuit alleged a defective design in the firearm that allowed it to fire under inertia. Ultimately, on the eve of trial, Attorney Shana P. Nogues was able to obtain a confidential settlement against the firearms manufacturer for the severe and painful injuries suffered by our client.
Defective Garment Steamer Impales Client, Leads to Severe Injury
Our client suffered severe injuries from a defective household steamer. The steamer was purchased from a foreign company and delivered to our client’s home through the Amazon marketplace. It was marketed as a commercial-grade steamer intended to withstand all day, everyday use. The steamer never left our client’s laundry room after purchase. After only 80 uses, while the steamer pole was in our client’s hand, there was a fatigue failure in the rod at a connector junction between rod segments. As a result of the failure, our client was shocked and fell with the broken, sharp end of the rod in her hand which impaled her body resulting in serious injuries and leaving a gaping, open wound and necrosis that required emergency surgery and multiple skin grafts. After identifying the designer and manufacturer of the steamer, we successfully obtained service outside of the United States.
After having the design documents translated into English and with the help of a retained engineering expert, Shana Nogues, was able to determine that the steamer had both design and manufacturing defects relating to the thickness and threads in the steamer’s rod. Shortly before trial in federal court was scheduled to begin, Shana Nogues was able to secure a confidential settlement on the client’s behalf.
- No Consent, No Liability: New Fourth DCA Case Reinforces Florida’s Take on Vehicle Theft and Conversion and Provides Guidance for Instructing the Jury, September 2017
- Blurred Lines: Understanding Workers’ Compensation Immunities, Trial Advocate Quarterly Spring 2015
- Huge Medical Bills and Questionable Surgery in LOP Cases: How the 4th DCA Upholds Our Strategy to Expose the Physician, September 2013
- Paving the Way to Fair Jury Trials: Using Batson Challenges; Minority Trial Lawyer – American Bar Association Section of Litigation, April 2012
- “Early COVID Era Trial – Takeaways!” – Florida Justice Association 2021 Annual Convention, June 2021
- “Navigating Spoliation Risks Void of a National Standard.” Client Seminar, Sunrise, FL – May 2018
- “Litigation Success: From Accident, Investigation, Discovery and Trial.” Client Seminar; Tampa, FL – February 2018
- “Workers’ Compensation Immunity,” FDLA Advance Litigation Boot Camp, Orlando, FL – October 2016
- FAWL in Love with GAL
- Jewish Adoption and Family Care Options (JAFCO)