Florida Injury Attorney Blog

The family of a 79-year-old man who was hit by a motor vehicle in front of a Palm Beach restaurant is suing the driver for wrongful death. Joseph Schaefer was leaving Charley’s Crab on South Ocean Boulevard last October when he was hit by a rental car driven by Oscar Maril. The Florida wrongful death lawsuit accuses the 66-year-old driver of negligence resulting in the pedestrian death, as well as speeding. Florida police cited Maril for careless driving. Also named as a defendant in the wrongful death complaint is rental company Hertz Corp.

NHTSA 2007 Traffic Safety Facts for People Older than 64:
• 196,000 older people sustained injuries in US traffic accidents in 2007 (8% of the total number of auto accident injuries that occurred).
• 60% of the older pedestrians who died were killed in traffic accidents at non-intersections.
• In deadly two-vehicle collisions involving a younger driver and an older motorist, the vehicle carrying the older driver was almost two times as likely to be in the car that was struck.
• 5,880 older motorists were involved in deadly crashes last year.
• 182 older pedestrians died in 2007.
• 503 of the 4,551 people that died in Florida traffic crashes last year were older than 64.

With millions of retirees living in Florida, state officials have taken steps to address the issues that can arise when there are so many elderly pedestrians and motorists on Florida’s roads. However, physical limitations do accompany growing older, which can affect an elderly person's ability to stay safe while driving or walking. Examples include:

• Vision problems
• Decrease in cognitive functions
• Slower reflexes
• Impairment from prescription medication

Senior pedestrians must also exercise extra caution. In addition to the issues mentioned above, elderly persons may also be more prone to suffering serious injuries during fall accidents.

Family of pedestrian killed on South Ocean Boulevard sues driver, Palm Beach Daily, January 14, 2009

Older Population Traffic Safety Fact Sheet, NHTSA

Related Web Resource:

Older Adult Drivers: Fact Sheet, CDC

In Florida, the widow of Ronald Carl is suing Oak Hill Hospital staff and a number of doctors for medical malpractice resulting in wrongful death. Carl died last year after contracting methicillin-resistant Staphyococcus aureus (MRSA).

According to the Florida wrongful death lawsuit, the doctor that Karl visited last July failed to diagnose that he was suffering from MRSA. Instead of determining what kind of infection Carl had, the doctor prescribed medication and sent him home.

Within several days of the visit, however, Carl was admitted to Oak Hill Hospital for high blood sugar. Tests determined that he had MRSA, but the lawsuit contends that no one told him that he was suffering from the infection. Staff members also allegedly neglected to tell his doctor or note the information on his medical chart. Carl was administered antibiotics and sent home.

The prescription drugs helped keep his MRSA under control until September 19 and 20 when Carl went to see two doctors. No one physically examined him, however, until September 21 when a doctor determined that he was septic with MRSA and sent him to the intensive care unit.

Carl’s condition deteriorated. After going into cardiac arrest and being revived, Carl died the next day.

MRSA
Methicillin-resistant Staphylococcus aureus infections are caused by Staphylococcus aureus bacteria. Symptoms can include small red bumps that look like spider bites, boils, or pimples that can turn into deep abscesses that may need to be drained. MRSA can lead to life-threatening infections affecting the bones, bloodstream, surgical wounds, the lungs, or heart valves.

Medical Malpractice
Medical malpractice can be grounds for a Florida wrongful death lawsuit if a patient received a wrong diagnosis or a delayed diagnosis and the mistake contributed to decreasing his or her chances of recovery.

Lawsuit Blames Doctors For Alleged MRSA Death, Hernando Today, January 7, 2009

MRSA infection, Mayo Clinic

Related Web Resources:
Florida's Wrongful Death Statute

Medical Malpractice, Justia

A 6-month-old baby is dead following a Florida motor vehicle crash with a red-light runner. Jayla Lee’s mother, 34-year-old Nicole Pounds, who had to undergo aortic surgery for injuries she sustained in the crash, was placed under sedation after the crash and by Tuesday still did not know her baby had been killed.

Nicole’s 1999 four-door Chevrolet was struck by a pickup truck on Sunday, as she was turning from Scenic Highway onto US 27. Nicole sustained damage to her liver and spleen, a torn aorta, and other internal injuries that has had her fighting for her life. She also broke her shoulder during the auto crash.

Also seriously injured were Nicole’s son 7-year-old Isaiah Wiggins, 53-year-old Harriet McClennon, and 10-month-old Passion McClennon, who were riding in the Nicole’s car. All three of them were released from Florida hospitals, although Isaiah was readmitted after he started throwing up.

According to the Florida Highway Patrol, pickup truck driver Mitchell Andrew Hilkemeyer ran a red light, causing his truck to hit the driver’s side of Nicole’s car. The impact of the collision sent both cars into the center median. Hilkemeyer, 34, was not injured in the traffic crash.

According to the National Campaign to Stop Red Light Running, in 2006:
• 887 people died in red light running accidents
• 144,000 others were injured

SmartMotorist.com says that from 1992 – 1998:
• 6,000 people died in red light running accidents
• Some 1,500,000 others were injured

Red light running accidents can cause serious injuries and lead to fatalities, destroying the lives of the victims and surviving family members. Florida’s Personal Injury Protection coverage may not be enough to cover all costs incurred from a catastrophic red light running accident.

Red-Light Runner Blamed In Baby's Death, MSNBC, January 4, 2009

FHP: Driver Remains In Critical Condition After Sunday Crash, TBO, January 7, 2009

Red-Light Cameras Increase Accidents, USF Study Says, Tampa Bay Online, March 12, 2008

Related Web Resource:

Florida Department of Highway Safety and Motor Vehicles

Continue reading " 6-Month-Old Baby Dies in Florida Auto Crash with Red-Light Runner " »

More property owners have named as defendants in the Florida wrongful death lawsuit filed for the murders of Nancy Bochicchio and her 7-year-old daughter Joey Bochicchio-Hauser. The two of them were found dead in their SUV in the parking lot of the Town Center mall in Boca Raton on December 12, 2007 after they were kidnapped, robbed, and shot.

In January 2008, Nancy’s sister, JoAnn Bruno, sued Simon Property Group, the owner of the Town Center mall, for wrongful death. Her complaint accused the mall’s owner of knowing there were security issues—especially in the wake of two other abductions that may have occurred on the premise that year—yet failing to do more to protect shoppers and other patrons.

Now, Sears Roebuck & Co, Burdine’s Real Estate Inc., Bloomingdale’s Boca Raton Real Estate Inc., and trustees Michael L. Johnson, Hans C. Mautner, G. Martin Fell, Mark S. Ticotin, and J. Michael Maloney have been added to Bruno’s amended Florida wrongful death lawsuit, which she filed last month. She is also accusing these property owners of failing to provide adequate security to patrons despite knowing about the other crimes.

In March 2007, the body of Boca Raton resident Randi Gorenberg was found after she was seen leaving the Town Center mall. Her husband Stewart sued Simon Property Group and Town Center at Boca Raton Mall for her wrongful death.

In August 2007, a woman and her toddler son were abducted and robbed outside the Town Center mall. Fortunately, they survived. The public however, was not made fully aware of the details of the crime and it wasn’t until after the deaths of Nancy and Joey that an enhanced surveillance camera system was installed on the premise.

Shopping mall owners and store owners must provide proper security on their properties so that patrons do not become the victims of crimes. Failure to provide this duty of care can be grounds for a Florida premise liability or wrongful death lawsuit.

Attorney amends wrongful death lawsuit against Town Center mall, Sun-Sentinel, December 12, 2008

Unsolved mall murders: One year later, WPTV.com, December 12, 2008

Related Web Resources:

Town Center at Boca Raton

Premises Liability Overview, Justia