Florida Injury Attorney Blog

More than two years after Francisca Vente managed to escape an assault by a suspected killer, a jury has awarded her a $1.8 million Miami-Dade premises liability verdict against her apartment complex. Vente, 54, sued the Bay Winds apartment complex and its owner Cornerstone because she says that the inadequate security on the property allowed Michael Davis access to her unit.

Vente opened her door for Davis, who she thought was the air conditioner repairman. He choked her until she lost consciousness. When she came to, she threw herself out her third floor apartment window and landed on the grass. Police who were pursuing Davis (he was wanted for questioning in strangulation death of 18-year-old Bradley Paul) shot him to death in the complex’s courtyard.

Vente, who broke her wrists, pelvis, and spine during the Miami fall accident, was hospitalized for three months. She also spent a month in rehab. The former condo cleaner is now on disability and is unable to bend down or walk for extended periods. She also suffered emotional trauma from the assault.

In her Miami-Dade personal injury case, the plaintiff claimed that not only did the apartment complex lack security cameras, but also the security guards only work at night. Also, she contends that on the day when Davis entered her unit, apartment managers had left a pedestrian gate unlocked. Vente also claims that complex residents were not told of crimes that had occurred on the grounds even though the company’s internal policies require that this notification take place.

Inadequate Security
It is a premise owner’s responsibility to ensure there is adequate security on the property so that violent crimes don’t happen. For apartment complexes, this may mean making sure there are security guards, secured boundaries, surveillance cameras in parking garages, secured access entrances and exits, and alarm systems. If there have been recent crimes in the area or if the risk of becoming involved in a violent crime goes up, it is the complex owner’s responsibility to warn tenants and take the appropriate safety precautions. Unfortunately, inadequate security is a common cause of South Florida premises liability.

Miami-Dade jury awards $1.8 million to woman attacked by suspected killer, Miami Herald, June 26, 2011

Woman who escaped killer wins $1.8 million, UPI, June 27, 2011

Related Web Resources:
Inadequate Security, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Florida Wrongful Death Lawsuit Against Town Center Mall in Boca Raton for Murders of Mother and Daughter Names More Defendants, Florida Injury Attorney Blog, January 2, 2009

Woman Sues Four Seasons Resort Palm Beach for Wrongful Death of Son in Florida, Florida Injury Attorney Blog, February 13, 2008

Woman Sues City of Palm Beach, Florida For Golf Ball Injury, Florida Injury Attorney Blog, February 1, 2008

Continue reading " Miami-Dade Premises Liability: $1.8M Inadequate Security Verdict Awarded to Woman Attacked by Suspected Killer at Her Apartment Complex " »

A Florida jury has awarded a $4.7M Fort Lauderdale medical malpractice verdict to Susan Kalitan for injuries she sustained while undergoing surgery to fix her carpal tunnel in 2007. Kalitan suffered an anesthesia-related complication during the procedure, which took place at Broward General Medical Center.

Her legal team contends that the instruments that were used on her while she was under general anesthesia perforated her esophagus. A student nurse was working on the anesthesia team at the time.

According to the plaintiff's Broward County anesthesia malpractice case, Kalitan was “discharged from the hospital inappropriately” after undergoing surgery. She began experiencing health complications when whatever she swallowed ended up inside her chest cavity. She then had to undergo emergency medical surgery and stayed in intensive care for weeks.

For months after that, Kalitan was unable to properly swallow and had to use a feeding tube. She says that she still has some difficulty swallowing and she has to be cautious about what she eats. Kalitan also reports continuing to have “a lot of pain and numbness” in her upper right side. According to WSVN-TV, most of the award will go toward her medical expenses and serve as compensation for her income loss.

Meantime, Broward General Medical Center says it plans to appeal the jury’s decision. They say that although Kalitan suffered an anesthesia complication, this does not mean that her health care providers were medically negligent or that there was an issue over the standard of care that she received.

Although there is risk involved whenever anesthesia is involved, it is the responsibility of the anesthesiologist and others on the team to carefully monitor the patient and prevent anesthesia reactions or other related complications from occurring. Depending on the type of anesthesia used on the patient—regional, local, or general—different complications may occur, such as:

• Systemic toxicity
• Allergic reaction
• Nerve damage
• Brain injury
• Lung problems
• Heart problems
• Hematoma
• Infection
• Swelling
• Aspiration
• Anesthesia awareness
• Muscle spasms in the voice box
• Hypertension
• Lip and teeth damage
• Larynx injury
• Stroke
• Heart attack

Woman awarded $4.7 Million in malpractice, WSVN.com, June 18, 2011

Hospital to Pay $4.7M for Botching Anesthesia, June 17, 2011

Anesthesia - Risks and Complications, WebMD

Medical Malpractice, Nolo

More Blog Posts:
Number of Hospital Mistakes Could Be 10 Times Greater Than Originally Thought, Says New Study, Florida Injury Attorney Blog, April 27, 2011

Florida Judge Who Intends to File West Palm Beach Medical Malpractice Lawsuit Against Surgeons and Radiologist Says Sponge was Left Inside His Body, Florida Injury Attorney Blog, September 29, 2010

Woman Awarded $36 Million Palm Beach County Medical Malpractice Verdict for Botched Medical Procedure, Florida Injury Attorney Blog, May 19, 2010

Nine people were injured—six children and three adults —when the pickup truck that they were riding flipped over on Monday evening. The six kids and one of the adults, a male, were on the bed of the truck at the time and they were thrown onto Interstate 95 close to Palm Bay. Fortunately, no one was seriously hurt. The single-car collision happened after one of the tires separated from the vehicle. Charges over the Palm Bay car accident are expected.

Unfortunately, tire-related crashes are more likely to occur in hot weather. This is why drivers must check their vehicle’s tires for signs of wear and tear before getting on the road. Between 2005 and 2009, the National Highway Traffic Safety Administration says that about 116,000 people got hurt and 3,400 people were killed in accidents caused by tire malfunctions, defects, blowouts, and separation.

If failure to properly maintain one’s tires caused a South Florida traffic crash, the driver or whoever’s job it was to check them to make sure they were safe for use could be held liable for personal injury. If the tire manufacturer made defective tires or the company that installed the tires did a poor job and either of these negligent acts caused a motor vehicle accident, then these parties could be held liable too. Also, depending on the specifics of your Florida traffic crash, the person driving the vehicle could get sued for placing others in danger. For example, it is illegal for anyone who is a minor to be riding on the bed of a pickup truck bed on a limited-access highway. One argument that a Palm Beach injury lawyer might have in an accident such as this one is that the driver allowed minors onto the truck bed and, as a result, they got hurt when the crash happen.

Although Florida motorists usually do have $10,000 minimum in PIP (personal injury protection) to cover the individual, his/her child, members of the same household, and passengers that don’t have PIP or own a vehicle, this may not be enough to cover medical expenses and related costs from a motor vehicle crash if the injuries are very serious.

Six children, man thrown from pickup in I-95 crash near Palm Bay, Palm Beach Post, June 14, 2011

What is "Personal Injury Protection" (PIP) insurance?, Florida Highway Safety and Motor Vehicles

Continue reading " 6 Kids, 1 Man Thrown in Palm Bay, Florida Pickup Truck Crash " »