Martin D. stern

Mr. Stern is an experienced litigator who has successfully defended cases through verdict in State and Federal Courts. Mr. Stern has litigated claims involving breach of contract, indemnity, contribution and subrogation. Within the healthcare industry these claims include complex arbitrations arising from preferred provider disputes associated with contracted reimbursement rates.  Mr. Stern has also litigated claims involving dram shop, medical malpractice, premises liability, personal injury and wrongful death.

Mr. Stern began his law practice in 1994 after graduating from Widener University Law School in Harrisburg, Pennsylvania.  In addition to his other law school achievements, Mr. Stern was a member of the Moot Court Honor Society and received its Distinguished Service Award. He took first place in the Widener Moot Court Competition and was Outstanding Oral Advocate in The National Moot Court Competition.  He was selected by his law professors for admission to the Order of Barristers.

Mr. Stern holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability.  Mr. Stern has passed the bar exam in Pennsylvania, Michigan, and Florida.  He is also admitted to practice law in the Southern, Middle, and Northern Federal District Courts in Florida.

 Mr. Stern is approved by the Florida Department of Financial Services to instruct continuing education classes for insurance adjusters and provide corporate training related to general lines of insurance. He has conducted training for the Association of Property & Casualty Claims Professionals (PCCP) and the South Florida Claims Association, among others.

Mr. Stern has successfully litigated numerous cases of first impression.  This includes establishing national case law in Lefrock v. Walgreens Co., 2015 WL 226034 holding that Pharmacists enjoy a “qualified immunity” when communicating with patients and that allegations of fraud must be accompanied by “malice.” Mr. Stern established Florida case law holding that gym owners do not have a common law duty to train or supervise gym members on how to safely use gym equipment. Hassan v North Dixie Fitness, 282 So.3d 90 (2019). Mr. Stern has also established Florida case law holding that workers’ compensation immunity is a litmus test with all elements requiring separate burdens of proof. Gorham v. Zachry Indus., Inc., 105 So. 3d 629, 633 (Fla. 4th DCA 2013)

Prior to law school, Mr. Stern served as a Sergeant in the United States Air Force for six years. During this service he received the Air Force Commendation Medal, Air Force Achievement Medal and the Air Force Good Conduct Medal. He also received the Small Arms Expert Marksmanship Ribbon and the Air Force Overseas Long Tour Service Ribbon.

Mr. Stern served as Chair of the Florida Bar Military & Veterans Affairs Committee from July of 2015 through July of 2017.  This standing committee has general jurisdiction within Florida regarding any problems which may arise relative to the provision of legal services to, for, or by members of the military establishment. Since 2004, Mr. Stern has been an active volunteer at Gilda’s Club South Florida which provides assistance to individuals, family members, and friends touched by cancer.  Mr. Stern has also been active in the Northern American Riding for the Handicapped Association, where he participates with other volunteers and business owners to assist severely handicapped children to interact with horses under the immediate supervision of a physical therapist for rehabilitation.

 Topkin, Partlow & Stern PL

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