Firm Obtains Punitive Damages Award Against Annuity Agent under Florida’s Vulnerable Adult Statutes
February 10, 2010…A Florida Circuit Court jury in West Palm Beach has awarded punitive damages to a 79 year old senior citizen from Boca Raton in connection with her puchase of equity indexed annuities. Shortly after Joyce Pogoda’s husband died in April of 2006, Rafael Golan of Delray Beach convinced Ms. Pogoda to cash in existing annuities and repurchase new equity indexed annuities which paid him a significant commission. Under the terms of the new annuity contracts Ms. Pogoda would have been subject to penalties by accessing her funds prior to the expiration of a twelve year deferral period. Ms. Pogoda’s counsel, Cristina Pierson of the Boca Raton firm of Hargrove Pierson & Brown, said that the case is very significant for Florida’s senior population in that it is the first time a jury has been presented with the protections afforded seniors under Florida Statutes Chapter 415 which provides civil remedies, including punitive awards, for vulnerable adults who have been financially exploited.
Please view the full article here: Jury awards $272,000 to Delray Beach widow
Hargrove, James Fuller, passed away on November 15, 2009. He was born on April 10,1978. Jimmy loved poetry and plays, science and skepticism, but most of all he loved Ginny, his family and his friends. He had an open mind, a warm heart, a quick wit, helping hands and boundless curiosity. He set an example of tolerance, resilience and cheerfulness for all who knew him. Jimmy graduated from St. Anthony’s School and attended Cardinal Gibbons High School, both in Fort Lauderdale. He graduated from The Tilton School in Tilton, New Hampshire and received his B.A. from New York University with a major in Creative Writing. His studies at NYU were greatly enhanced by having the opportunity to hear seminars from talented authors and poets. While his work as a Search Engine Marketing Specialist baffled his parents, it challenged Jimmy. He thought the Internet opened a world of new possibilities and was intrigued by it. He enjoyed his coworkers at Lead Flash, and was considered by his colleagues to be talented and professional. They have said it was apparent that he loved what he did. He had a passion for writing and a gift for planning and building corporate websites, as well as strategizing marketing plans for them. He was excited about being president of the new company, AdMix Marketing, and looking forward to developing its potential. Not only was Jimmy charismatic, smart and caring, he was athletic as well. At Tilton he was co-captain of the varsity tennis team and continued to play throughout his life. He loved water sports, snow skiing and prized the chance to play golf with his Dad, Brother and Grandfather. He was handsome, lively, enthusiastic and fashionable. Jimmy is survived by the love of his life, Virginia Lombardi (Ginny), and by his brother Johnny, his father John, and his mother Mary Cheryl. He will be missed by his grandparents, Sam and Betty Winn Fuller, his aunt Debbie Fuller, his aunt Karen and uncle Craig Wolfe, and his loving cousin Carrie Wolfe. Visitation will be held on Friday, November 20 from 10 am to 11 am at Babione Funeral Home, 1100 North Federal Highway, in Boca Raton. Monsignor Vincent Kelly will preside over the funeral service at 11 am, with the burial to follow. In lieu of flowers, the family is requesting that donations be made in memory of James Fuller Hargrove to the University of Miami, Miller School of Medicine, where Jimmy received loving care in the days just before he died. Please send your donations to the attention of Cory Witherspoon, Director of Development, 1500 NW 12th Avenue, Suite 1020 East, Miami FL 33136. His number is (305) 243-9655. Donations may also be made in Jimmy’s memory to Boca Helping Hands, where Jimmy was a volunteer, at