Florida Injury Attorney Blog

Amanda Collette was just 15-years-old when she was fatally shot at Dillard High School in 2008. Now, her family is suing the Broward School District for her Florida wrongful death.

Dillard, a high school sophomore, was shot in a school hallway on November 12, 2008. The person who shot her, fellow student and friend Teah Wimberly, was found guilty of second-degree murder and is sentenced to 25 years in prison. Collette had reportedly rejected Wimberly’s romantic overtures.

According to the plaintiffs’ Broward County, Florida wrongful death lawyer, Wimberly had told another schoolmate that she planned on hurting Collette. The student then claimed to have told a teacher, who was accused of disregarding the information. A district probe later cleared the instructor of wrongdoing.

In the family’s Fort Lauderdale, Florida wrongful death complaint, the plaintiffs claim that Collette’s death was preventable. The school had hand-held metal detectors, but they weren’t used on the day that Wimberly brought a 22.caliber pistol to school. Collette’s family also notes that the school has a history of violence.

In the event that your son or daughter was injured or died at school, you may have grounds for filing a Broward County, Florida personal injury or wrongful death lawsuit. School employees are in charge of supervising students on the premise and the school and district can be held liable if failure to properly oversee and ensure order or another type of negligence results in a student getting hurt.

Some causes of student injuries and fatalities:

• Murder
• School shootings
• Assault and battery
• Stabbings
• Sexual assault crimes
• Inadequate security
• Hazardous conditions
• Slip and fall
• Improper maintenance
• Exposure to toxic substances
• Dangerous school experiments
• Inadequate safety procedures
• Failure to implement proper emergency procedures
• Fire accidents
• Sports-related injuries and accidents

Family of slain Dillard High teen sues Broward schools, Miami Herald, April 9, 2010

Teah Wimberly sentenced to 25 years, WSVN, March 27, 2010

Related Web Resources:
Broward School District

Dillard High School

A jury has awarded a $10 million Florida birthing injury award to Margarita Chess in her cerebral palsy lawsuit against EVAC Ambulance service. Chess is the mother of Addison Chess, now 6. The boy developed cerebral palsy after his mother gave birth to him in an ambulance in 2003.

According to court records, Chess, who was six months pregnant at the time, began experiencing pain and went into premature labor on September 21, 2003. She went to Bert Fish Medical Center.

Two doctors, Dr. John Milton and Dr. Thomas Stavoy, arranged to have her transported to a hospital. She was supposed to go to Halifax Medical Center, but instead, the ambulance headed for Arnold Palmer Hospital for Children, which was located nearly 60 miles away.

15 minutes into the ambulance ride, Addison, weighing just 1.7 pounds, was born prematurely. He started having breathing problems, and paramedics performed CPR on him. Due to lack of oxygen and brain damage, Addison now has cerebral palsy.

Chase’s Florida birthing malpractice lawsuit named Bert Fish Medical Center, Arnold Palmer Hospital, Halifax Medical Center, EVAC Ambulance, Stavoy, and Milton as defendants. Except for EVAC, all of the parties had settled with Chase over her son’s birthing injuries.

Cerebral Palsy
Commonly caused by birthing malpractice and/or challenging labors, this medical condition can leave a person disabled for life. Lack of muscle coordination, ataxia, tight or stiff muscles, spasticity, a dragging foot or leg, “scissored” or crouched gait, floppy or stiff muscle tone, and brain damage are some of the effects of living with Cerebral palsy.

Examples of other birth injuries that can occur as a result of medical malpractice:

• Erb’s Palsy
• Meningitis
• Cerebral Palsy
• Brain damage
• Brachial Plexus injury
• Microcephaly
• Mental retardation
• Developmental delays
• Forceps injuries
• Vacuum extraction injuries
• Head trauma

Jury awards $10 million in ambulance birth, Orlando Sentinel, April 5, 2010

Jury awards $10 million in suit against EVAC, The Daytona Beach News Journal, April 5, 2010

Related Web Resources:
NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, KidsHealth.org

A young boy has died in a Broward County, Florida car accident. The four-car collision happened on Friday night.

Police say that Miami Gardens resident Jorge Pascual did not slow and/or stop his 1999 Ford Explorer and rear-ended a 2002 Kia. Riding in the front-seat of the Kia was 53-year-old Patricia Berrio, a Miami resident. She was admitted to Memorial Regional Hospital in serious condition.

Also involved in the Pembroke Pines motor vehicle crash were vehicles driven by Mark Jensen, a Miramar resident, and Richard Quintero of Pembroke Pines.

Florida Multi-Vehicle Crashes
Proving liability when there are multiple vehicles involved can be tough. This is one reason it is important to consult with a Pembroke Pines car crash law firm about your case.

Common causes of multi-vehicle crashes include speeding drivers, distracted drivers, drivers that are following too closely, drunk drivers, drugged drivers, and vehicles with defective breaks. Chain reaction collisions have a higher risk of happening during rush hour when traffic is heavy and/or slow in certain pockets of the road.

There may be one than more motorist/party that should be held liable for the Broward County car accident that caused your Florida personal injuries or the wrongful death of your loved one. Most motorists never intend to cause injury or death to others. That doesn’t mean that they shouldn’t be held liable in civil court for the harm caused and costs and losses incurred by the victims. Negligent drivers may even be subject to criminal charges.

Boy killed in Pembroke Pines crash, Sun-Sentinel, April 3, 2010

Related Web Resources:
Florida Traffic Laws

What to do after a car accident, MSN

Car Accidents Overview, Justia

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In Broward County Circuit Court, a jury awarded Robin Cohen, the widow of Nathan Cohen a $26.6 million Ft. Lauderdale wrongful death verdict against Philip Reynolds and Philip Morris. The Florida tobacco lawsuit stems from Nathan’s lung cancer death in 1994 and is the latest verdict issued against cigarette manufacturers involving “Engle progeny” complaints. Robin Cohen is represented by Trop & Ameen, P.A..

Nathan was a smoker from the time he was 14. He smoked from 1940 until his death in 1968. Brands he smoked included Camel, Salem, and Benson & Hedges. Even after he was diagnosed with cancer, chronic obstructive pulmonary disease, and heart disease, Nathan found it impossible to stop smoking. He even took part in anti-smoking seminars, underwent hypnosis, and chewed nicotine gum.

RJ Reynolds and Philip Morris have been ordered to pay Robin $13.3 million. The $10 million in compensatory damages awarded was reduced to account for the 1/3rd of liability that the jury placed on Nathan Cohen.

The defendants say that they plan to appeal the verdict.

“Engle progeny” refers to tobacco lawsuits stemming from Engle v. RJ Reynolds, a significant class-action complaint filed against cigarette companies in 1994. A Florida jury ordered tobacco companies in 2000 to pay $145 billion in punitive damages to people that got sick from smoking. The Florida Supreme Court threw the award out in 2006 and decertified the class, which was made up of some 700,000 smokers in the state. Individual cases were allowed to move forward.

In the past 13 months, 13 Engle progeny cases have resulted in jury verdicts—11 of them in favor of plaintiffs. Our Miami tobacco lawyers have been successfully fighting cigarette companies for years on behalf of our clients.

Broward jury awards smoker’s widow $26.6 million, Daily Business Review, March 24, 2010

Florida jury awards $26.6 mln to smoker's widow, Reuters, March 24, 2010

Related Web Resources:
Tobacco Documents.org

Smoking and Tobacco Use, Centers for Disease Control and Prevention