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David Andrew Bovino (born April 10, 1980) is an Aspen trial attorney based in Aspen, Colorado. He is best known for representing Andrew Cargill MacMillan, heir to the Cargill family fortune. Recently Bovino received national notoriety in 2012 after obtaining a $22 million verdict for his client Robyn S. Frankel in a medical malpractice lawsuit.

Biography

David Bovino was born in Toledo, Ohio to Jerald and Ester Bovino. Growing up, Bovino aspired to become a professional tennis player. He played competitive tennis beginning in early childhood, and was a member of the United States Tennis Association (USTA). He was nationally ranked and received the opportunity to train at the Palmer Tennis Academy in Florida, alongside players Andy Roddick and the Williams sisters. Bovino continued to play competitive tennis throughout college while attending Trinity College in Hartford, Connecticut. After college, he attended Golden Gate University School of Law in San Francisco, California. He furthered his law education abroad at the Tulane Law School at the International Court of Justice, based in the Peace Palace in The Hague, Netherlands. After graduating from law school, he began his legal career as a litigator working for Peter Thomas of the Thomas Law Firm in Aspen. In early 2010, Bovino founded his own law firm, The Law Offices of Bovino & Associates, also in Aspen. Currently, Bovino has opened new law offices in New York City, Miami, Beverly Hills, and San Francisco. He has earned a reputation as an accomplished networker and rainmaker, and his clients like and trust him. Bovino and his network of counselors are now official closing attorneys for Bank of America's Custom Mortgage channel as well as for business banking. In addition, he is mining a separate channel of prospects for large institutional private banks in the United States and abroad.

Awards and Affiliations

  • Judicial Internship: The International Court of Justice (ICJ), The Hague.
  • Judicial Internship: The Supreme Court, Bangkok, Thailand and was awarded a Certificate of Specialization in International Law
  • Internship: U.S. House of Representatives, the Honorable Scott Steve McInnis
  • Colorado Bar Association
  • California Bar Association
  • Pitkin County Bar Association
  • Los Angeles County Bar Association
  • American Bar Association
  • American Association for Justice

Andrew Cargill MacMillan

Andrew Cargill MacMillan is the son of John MacMillan III, and is one of the heirs to the Cargill Family fortune derived from Cargill Incorporated, the largest private corporation in the world.[1] In the 2011 fiscal year alone, the corporation made more than $4 billion, and has a total revenue of close to $120 billion from its 130,000 employees in 63 countries.[2] David Bovino began his attorney-client relationship with Andrew MacMillan in 2007, and provided counsel for his Trust, business and criminal matters.

Andrew MacMillan wanted Bovino to protect his Trust fund from his mother, Patricia MacMillan. Andrew had an unhealthy relationship with his mother, and she denied that he was the legal recipient of her late husband's trust fund.[2] In May 2011, Andrew MacMillan and his lawyer Bovino sued Patricia MacMillan for allegedly creating a fake email account to divert millions of dollars out of his $250 million trust fund.[3] Patricia became aware of Andrew’s legal objectives through an email account she and unnamed accomplices created through Go Daddy to mimic that of Bovino’s email account. Bovino’s account ended with “@bovinolaw.com” and Patricia created an almost identical one to end with “@bovinolaw.net.”[4] Patricia intercepted confidential emails containing important trust documents that were intended to be received only by Bovino.

The allegations were that the fraudulent email account was created to access private information and divert $3 million out of several trusts administered by corporate trustees.[3] According to Kluger Kaplan, the specific lawsuit claims were: “invasion of privacy; international interference with prospective business advantage; civil conspiracy; violation of Anti-Cybersquatting Consumer Protection Act; violation of the Wiretap Act and violation of the Stored Communications Act.”[5]

In August 2011 Andrew MacMillan filed an affidavit to dismiss the lawsuit against his mother with prejudice.[6] Complicating the situation, in September 2011 a Florida probate judge appointed John Seiler, the mayor of Fort Lauderdale and an attorney, to represent Andrew as he was found incompetent, mentally and medically, to represent himself in court against other allegations involving domestic violence and resisting arrest.[7] Later, in November 2011, Judge James B. Boyd approved Bovino's motion to withdraw as Andrew MacMillan's attorney in this legal matter.[2] The case in Pitkin County District Court in Aspen, Colorado is scheduled to continue in late October 2012 after the probate matter in Florida is resolved.

Robyn S. Frankel

Robyn S. Frankel suffered severe migraines for most of her life, and in 2006 she sought medical help from doctors at the Palo Alto Medical Foundation Group (PAMFG) in California. On October 20, 2006, 43 year old Frankel underwent a cerebral angiogram ordered by neurosurgeon Dr. Paul Jackson at PAMFG. As a direct reaction to the procedure, she suffered a vasospasm, a sudden constriction of a blood vessel, which led to a series of strokes and consequently put her in a coma for six weeks.[8] When Frankel awoke, she was a quadriplegic with impaired vision and speech, and will require continuous care for the rest of her life.[9] It is estimated that Frankel's incurred medical costs are between $300,00 to $350,000 a year.[10]

Frankel’s initial malpractice lawsuit against PAMFG was filed in 2008, but it was later dismissed with prejudice, meaning the case could not be refiled based on the same claims, in May 2010. Her lawyers perceived her lawsuit as just another stroke case that would not succeed in court.[10] In 2012, Frankel turned to David Bovino and his professional counsel for legal assistance.

Bovino reevaluated the case, deemed it meritorious, and determined that the invasive angiogram was unnecessarily risky and sustained no medical benefit to resolve any migraine problems. Credibility was lost for PAMFG when Dr. Paul Jackson was caught lying under oath that he denied ordering the angiogram. A nurse testified and confirmed that she received a fax showing he did in fact order the test for Frankel.[11] Bovino & Associates proved beyond a reasonable doubt that Dr. Paul Jackson ordered the dangerous test without informing Frankel why she was having it done. He also failed to inform her of all of the recognized risks involved, and he was held accountable. On March 19, 2012, the Santa Clara County Superior Court jury voted in a 9 to 3 decision finding PAMFG negligent of Frankel's care, and she was awarded a $22 million verdict for her economic losses and irreparable damage.[12]

The victory in the case Robyn S. Frankel v. Palo Alto Medical Foundation Group was especially significant because it was initially dismissed with prejudice and was successfully reopened by Bovino & Associates. The verdict was also the highest awarded in a medical malpractice lawsuit in the history of Santa Clara County, California.[13]

Personal life

David Andrew Bovino is the proud father of Scarlett Olive Aurora Reid, born September 25, 2010. Bovino has traveled the globe and through his life experiences has become the strong, independent person he is today. On August 15, 2006, Bovino and his then fiancée, Jessica Webster from Johannesburg, were attacked in a holiday home in Leisure Bay, which is located in the eastern coast of South Africa.[14] Three armed men entered the property and shot Webster in her spine, leaving her temporarily paraplegic, and shot Bovino in both thighs and abdomen while his was fighting for his life.[15] Bovino was able to escape and received help at a neighboring house. The High Court Judge in the case, Judge Chris Nicholson, sentenced the main assailant, Jerome Nhlumayo who was 18 at the time of the attack, to 25 years in jail. Nhlumayo received 10 years for each attempted murder of Bovino and Webster, 15 years for robbery, and 15 years for unlawful possession of firearms; however, Nicholson allowed some of the sentences to run concurrently.[16] The two other alleged members involved in the attack, Sbonel Mpisane, 19, and Sifiso Nhlumay, 20, were acquitted from any charges.[16] From this experience, Bovino said, “I’ve been able to grow a lot as a person and approach my relationships with people in a more spiritual way.”[17] Currently, Bovino is a resident of Aspen, Colorado, and loves everyday and enjoys the beauty of life and the great outdoors.

References

  1. http://www.forbes.com/sites/briansolomon/2011/09/22/the-secretive-cargill-billionaires-and-their-family-tree/
  2. 2.0 2.1 2.2 http://www.estateofdenial.com/2012/01/08/mother-in-cargill-heir-lawsuit-wants-allegations-stricken-cofl/
  3. 3.0 3.1 http://probatecourtco.com/what-happens-if-there-are-disputes-regarding-a-will-in-colorado-the-hughes-law-firm/
  4. http://www.estateofdenial.com/2012/01/20/heir-to-cargill-wants-lawsuit-against-mother-in-pitco-dismissed-cofl/
  5. http://www.klugerkaplan.com/blog/heir-to-cargill-wants-lawsuit-against-mother-in-pitkin-county-colorado-dismissed/
  6. http://www.familylawwestpalmbeach.com/blog/2012/01/cargill-heir-to-dismiss-probate-lawsuit-against-mother.shtml
  7. http://www.aspendailynews.com/section/home/151285
  8. http://malpractice.burgsimpson.com/quadriplegic-california-woman-wins-22-million-medical-malpractice-award.html
  9. http://goarticles.com/article/Lawyer-David-Bovino-on-a-Med-Mal-Case-Winning-22m-for-a-Coma-Patient/6460217/
  10. 10.0 10.1 http://www.almanacnews.com/news/show_story.php?id=10873
  11. http://www.morelaw.com/verdicts/case.asp?n=1-08-CV-103310&s=CA&d=54386
  12. http://www.foxnews.com/us/2012/03/21/jury-awards-california-woman-22m-in-medical-suit/
  13. http://www.articlesfactory.com/articles/law/largest-medical-malpractice-case-in-santa-clara-county-won-with-the-help-of-bovino-and-associates.html
  14. http://www.iol.co.za/news/south-africa/court-hears-of-staples-scars-and-trauma-1.405728#.UHMZKb-Urx4
  15. http://www.iol.co.za/news/south-africa/kzn-s-south-coast-attacker-sentenced-1.413778#.UHMgdr-Urx4
  16. 16.0 16.1 http://www.witness.co.za/index.php?showcontent&global[_id]=12078
  17. http://www.aspentimes.com/article/20080705/NEWS/936276022

External links


This article uses material from the Wikipedia article David Andrew Bovino, that was deleted or is being discussed for deletion, which is released under the Creative Commons Attribution-ShareAlike 3.0 Unported License.
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