Florida Injury Attorney Blog

12 years after jazz guitarist Zachary Breaux drowned while trying to rescue swimmer Eugenie Poleyeff, a US District Judge has ordered Monticello Insurance Co. to pay $5 million in damages to the musician’s wife and $750,000 to Poleyeff’s family. The insurer had refused to pay the Florida wrongful death settlements the city of Miami Beach had negotiated with the two families.

According to the Breaux family’s Miami Beach wrongful death lawsuit, there were no warning flags indicating that there were dangerous rip currents in the water on February 20, 1997 when the 36-year-old jazz guitarist entered the water to try saving the 66-year-old woman. Workers at the beach who looked as if they were lifeguards were actually employed by private beach concessionaires. Breaux’s wife and three young daughters saw him drown. According to the Florida wrongful death lawyer for Poleyeff’s husband, Eugenie would never have gone swimming if the city had warned her that there were rip currents and no lifeguards on duty.

The wrongful death case sparked a 2005 ruing by the Florida Supreme Court that held cities responsible for warning beach goers when it is too dangerous to go in the water. Following this decision and the insurer’s refusal to defend Miami Beach, city officials reached Florida wrongful death settlements with the victims’ families.

Monticello wanted to the court to find that the policy didn’t cover the city of Miami Beach. The court found the insurance company’s refusal to defend the city was wrongful.

In a state known for its fabulous beaches it is important that parties who oversee the numerous areas of beachfront properly warn swimmers of dangerous conditions. Failure to exercise this duty of care can be grounds for a Florida drowning accident lawsuit citing premises liability and alleging negligence or a wrongful death complaint.

Court Denies Insurer, Upholds $5.75 Million in Miami Beach Drownings, Insurance Journal, December 16, 2009

Miami Beach drowning victim's kin gets $5M, Miami Herald, December 15, 2009

Related Web Resources:
City of Miami Beach, Florida

The Florida Supreme Court 2005 Opinion (PDF)

The widow of an 80-year-old man who died after falling from a Hollywood, Florida drawbridge is seeking unspecified damages for his Broward County wrongful death. Desmond Nolan was killed on November 22 after he fell at least 30 feet to the concrete.

He got stuck on the bridge, located on Sheridan Street, as it was raised over the Intracoastal Waterway. Nolan held onto the bridge but eventually let go. He was pronounced dead at a local hospital.

Nolan leaves behind his wife of 57 years, Pauline Nolan, and three daughters. The couple, who are from Illinois, had been living in Hollywood, Florida during the winters for about two decades.

The Florida Department of Transportation operates the drawbridge, which has a bell, flashing lights, and gate that are supposed to prevent cars and pedestrians from getting on the bridge as it closes and opens. Police say that Nolan, who was wearing headphones, may not have heard the bells go off.

However, the Florida wrongful death complaint contends that the alarms did not go off as Nolan began walking across the bridge. The Broward County civil lawsuit also accuses Michael O’Rourke, the bridge tender, of failing to check whether there was anyone on the bridge before he opened it and not heeding the motorists who yelled at him and honked their horns to let him know that Nolan was hanging onto the bridge.

ISS Facility Services, Transfield Services North America, and C & S Building Maintenance are defendants in the Hollywood, Florida wrongful death lawsuit. The family also intends to file a wrongful death complaint against the Florida Department of Transportation.

Florida Wrongful Death
In Florida, the victim’s family has two years from the date of death to file a wrongful death complaint. The decedent’s wife or husband, children, parents, and other family members who may have depended on the deceased for services or support, such as blood or adoptive siblings, are considered wrongful death “survivors” who may be able to seek damages from all negligent parties.

Family sues drawbridge operators in death of man, 80, Sun-Sentinel, December 7, 2009

Man Falls From Drawbridge, Dies, WPLG Miami, November 24, 2009

Related Web Resources:
Florida Department of Transportation

Wrongful Death, Justia

A deputy sheriff with the Palm Beach County Sheriff’s Office is suing several companies for Florida personal injury. Richard Ragali sustained burn injuries on over 60% of his body while at a Marathon gas station last month.

The 53-year-old Jupiter resident’s body caught fire on October 2 as he pulled his motorcycle into the gas station. The motorcycle slid on a gas puddle, causing sparks to fly and flames to ignite.

Ragali sustained second- and third- degree burns and is undergoing physical therapy and getting skin grafts in the burn unit of a Miami hospital. His Palm Beach injury lawyer says his feet and face are the only parts of his body that weren’t burned.

The defendants named in Ragali’s Palm Beach County, Florida premises liability lawsuit are Circle K Corp, Circle K Stores Inc., Circle K store No. 2386, Shell Oil Products Co, Shell Oil Corp, and Motica Enterprises LLC.

Ragali’s Florida injury complaint contends that the defendants knew there were hazardous gas remnants on the property and they should have exercised reasonable care when inspecting, supplying, repairing, and maintaining the gas station and gas pumps. He is seeking damages for pain and suffering, disfigurement, permanent disability, bodily injury, loss of the capacity to earn money, loss of the capacity to enjoy life, medical bills, and nursing expenses.

Gas Station Accidents:
Gasoline companies and gas station owners are aware of how dangerous a gas station can be for patrons in the event of a gas leak occur or a fire. While customer carelessness can cause gas station fires, the premise owner and other responsible parties must make sure patrons are warned of possible hazards. Also, any necessary maintenance work and repairs to prevent injury accidents must be conducted.

Some 4.5 million burn deaths caused by gasoline fires happen each year. Another 10,000 fatalities are from infections sustained by the burn wounds.

Burn injuries are extremely painful and can lead to permanent disfigurement and scarring. Recovery, when possible, can take months.

Deputy sheriff sues over burns suffered in Keys, Keys.net, November 14, 2009

Gasoline Safety, Mass.gov

Related Web Resources:
Service Station Safety, National Fire Protection Association

International Society for Burn Injuries

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

In Miami-Dade County, the family of Starsky Garcia has been awarded $8 million for his Florida wrongful death. Garcia was shot to death in the parking lot of The Arbors, a North Miami Beach apartment complex, two years ago.

The 27-year-old’s body was discovered at around 4:30am on December 9, 2006. Garcia had gone to The Arbors to visit a friend. The shooter has yet to be found, but on November 21, 2008, a Florida jury held the apartment complex’s managers and owners civilly liable for failing to provide proper security at the apartment complex.

According to the family’s Florida wrongful death lawyers, Maxx Property failed in its duty to provide adequate security on the premise when it neglected to install surveillance cameras and security guards at The Arbors complex despite the fact that crime was growing in the area. Police, in fact, recorded 9 assaults, 24 burglaries, 2 robberies, and 3 shootings that took place at The Arbors between 2002 and 2006.

The personal injury attorneys also noted that the property owners’ failure to repair the apartment complex’s broken security gates and a fallen fence made it easy for anyone to enter the premise and commit a crime. Maxx Properties has denied engaging in any wrongdoing leading to Garcia’s death.

Premises Liability
Apartment complex owners and managers are supposed to implement the proper safety measures to prevent residents and visitors from becoming the victims of crimes. When inadequate security leads to crimes being committed on a premise, the property owner and/or manager can be held liable for Florida premises liability or wrongful death.

Recent crimes that have occurred at Florida apartment complexes include:

• Shootings
• Stabbing crimes
• Carjacking
• Murder
• Sexual assault

$8 million awarded in North Miami Beach shooting death, Miami Herald, November 26, 2008

Related Web Resources:

The Arbors, Apartment Guide

Premises Liability Overview, Justia.com

In Florida, the Archdiocese of Miami has settled a sexual abuse lawsuit involving a teenage girl. The monetary terms of the agreement are confidential, but, as part of the settlement, the archdiocese issued a public apology to the girl for its role in the “harm caused to her.” The archdiocese also said it would prevent future violations.

The Florida sexual abuse lawsuit, filed against the Miami Archdiocese last year, accuses the then-19-year-old Pinecrest youth minister Anthony B. Ricco of assaulting the girl on several occasions in 2006. Ricco eventually pleaded no contest to nine counts of lewd and lascivious battery on a child between ages 12 and 16, which included his assaults on the girl.

The girl has accused St. Louis Catholic Church Reverend James Fetscher and Senior Youth Minister Paul Herring of failing to protect her and other girls from Ricco, even though other families had filed complaints about his past exploits of sexual misconduct.

Ricco was sentenced to 2 years house arrest and 10 years probation. The girl says that Fetscher and Senior Youth Minister Paul Herring did not do anything to protect the kids from the abuse.

Churches, community groups, and other organizations are supposed to make sure that children or teens placed under their supervision are not put in a situation that could cause them personal injury. Over the past several years, the Catholic Church has come under fire over reports and a slew of sexual abuse lawsuits alleging that it turned a blind eye while knowing that clergy members were sexually abusing children.

Premises Liability
If the owner or manager of a premise or organization could have (or should have) acted to prevent a person from being sexually assaulted, the owner, supervisor, and/or organization can be held liable for personal injury under Florida’s premises liability law.

If you or your child was the victim of sexual abuse, there are legal remedies available to you under the law that could allow you to file a Florida child sexual abuse lawsuit against the perpetrator and any group or organization that could have prevented the abuse from happening.

Miami Archdiocese issues rare apology in sex-abuse case, Miami Herald, October 17, 2008

Miami Archdiocese Apologizes In Sex Abuse Lawsuit, CBS4.com, October 16, 2008

Related Web Resources:

Archdiocese of Miami

Florida Council Against Sexual Violence

In Florida, a Palm Beach County jury awarded the estate of a man murdered at a West Palm Beach apartment $3.2 million for his wrongful death. The defendant in the Florida premises liability wrongful death case was Haverhill Affordable Housing and Picerne Management, the management company and owner of the complex where Corey Beckford died.

The 32-year-old father of four was shot to death on April 10, 2007 at Saddlebrook Apartments. This was not the first murder at the complex. In 2005, a 25-year-old man died and his nine-year-old daughter was injured after being shot by a masked gunman.

Florida’s Wrongful Death Statute:

768.19 Right of action.--When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

The managers and owners of the many housing and apartment complexes and retirement centers in Florida are responsible for keeping their properties safe for residents and visitors. Adequate security measures, such as locks on entrances and windows, proper lighting, alarm systems, security cameras, security gates, and security guards, must be in place—especially on a premise where there has been a history of crimes committed on the property or in the surrounding area.

When failure to take the necessary steps to prevent crimes from happening occurs, the injury victim of the estate/family members of the deceased can file a personal injury or wrongful death claim or lawsuit based on premises liability and/or inadequate security.

Contact our Palm Beach wrongful death lawyers to discuss your case.

Jury awards $3.2 million in wrongful death at apartment complex, Sun-Sentinel May 7, 2008

The 2007 Florida Statutes

Related Web Resource:

Saddlebrook Apartment Homes, Yahoo.com

Continue reading "Florida Jury Awards $3.2 Million Premises Liability Wrongful Death Award to Estate of Man Killed at West Palm Beach Apartment Complex" »

The husband of Randi Gorenberg, the 52-year-old Boca Raton resident who was abducted and shot in the head before her body was dumped behind a South Florida civic center, is suing Town Center at Boca Raton Mall and its owner, Simon Property Group, for their alleged inadequate security-related premises liability negligence that led to her kidnapping and wrongful death.

Randi’s body was found an hour after credit card receipts document purchases that she had made will shopping at the mall. Her husband, Stewart, is seeking unspecified damages. This is the third Florida personal injury lawsuit recently filed that names the mall and its owners as defendants over inadequate security-related injuries and deaths.

Police in Florida have never said that Randi was kidnapped, but Stewart’s Florida personal injury lawyers said they believe that they can prove that she was abducted from the mall premises. Simon Property Group calls the allegations “self-serving and ridiculous.”

Palm Beach County police are investigating whether there Is a connection between Randi’s murder and the murders of 47-year-old Nancy Bochicchio and 7-year old Joey Bochicchio-Hauser, a mother and daughter that were kidnapped while leaving the mall, forced to take money from an ATM, and then bound and shot in the heads Their bodies were discovered in their SUV at the mall’s parking. Bochicchio’s family sued the mall and Simon Property Group for Nancy and Joey’s wrongful deaths.

In August, a mother and her two-year-old son were kidnapped and also forced to withdraw money from an ATM. The woman was able to free herself and her son after their attacker left them tied up. She is suing the mall for injuries related to alleged negligence and inadequate security that allowed the crime to happen.

In January, Boca Raton Council members accused Simon Property Group and the mall for not remedying inadequate security issues after the Bochicchio slayings. Boca Raton police and mall patrons have also complained to the mall about its poor security measures.

If someone you love has died because of the negligence of a property owner or anyone else, our South Florida wrongful death law firm can help you determine whether you have grounds for a civil case. You may be entitled to wrongful death compensation for your losses.

Lawsuit filed against Town Center mall owners over 2007 murder, Sun-Sentinel.com, April 23, 2008

Boca mall faces lawsuit in murders of mother, Sun-Sentinel.com, January 9, 2008

Related Web Resources:

Town Center at Boca Raton

Simon Property Group

Continue reading "Town Center at Boca Raton Mall Sued For Premises Liability that Allegedly Lead to Wrongful Death of Customer" »

In Florida, the mother of a man who drowned last year while trying to save two girls caught in the ocean currents is suing the Four Seasons Resort Palm Beach for his wrongful death.

Giankarlo "J.C." Squicimari died last May while at the resort. He and his friend were at the beach, when they reportedly heard the girls screaming and noticed that resort employees did not respond. No lifeguards were on duty. Squicimari, 31, and his friend ran into the water to help the girls. His friend saved the 12-year-old, but nearly drowned until someone else came to the rescue.

Squicimari held the 8-year-old girl above the water so she wouldn’t drown. He was under the water for several minutes before he was pulled out. He never regained consciousness.

The National Weather Service had cautioned that there were very dangerous rip currents that day that could put even experienced swimmers at risk of being dragged into the ocean.

Squicimari’s mother, Olga Giner filed her complaint in Palm Beach County Circuit Court today. She says the resort only had one sign, located near the pool, which noted the temperature of the water and the low and high tides.

The lawsuit claims that even though the sign explained what the different colored warning flags signified, no one who was at the beach on May 27 remembers seeing any flags. No explanations were posted regarding what to do if someone got caught in a rip current. Such signs exist at public beaches. Since Squicimari’s drowning death, the Four Seasons has posted similar signs.

It is the responsibility of all premise owners—especially the owner of a property frequented by guests, visitors, patrons, or workers—to ensure that their premise is safe and hazard free. In the event that a hazardous condition does exist on the premise, the premise owner must remedy the condition or—at the very least—provide proper warning that the unsafe condition exists. Failure to do so can be grounds for a premises liability or wrongful death case if someone on the premise is seriously injured or dies.

Family of hero who drowned during rescue sues Palm Beach resort, Sun-Sentinel.com, February 13, 2008

Related Web Resources:

Four Seasons Palm Beach

Rip Current Fact Sheet, National Weather Service

Continue reading "Woman Sues Four Seasons Resort Palm Beach for Wrongful Death of Son in Florida" »

A woman who is now blind because a golf ball hit her eye is suing the city of Palm Beach, Florida for personal injury. Katherine Georgas, 39, was walking on a bike path next to South Ocean Boulevard with her husband last May when the golf ball came flying at her from the Par-3 Golf Course. Carole Maddox, the Florida golfer who hit the errant ball, is also named in the personal injury lawsuit.

Georgas, a Palm Beach and Connecticut resident, compared the impact of the ball to being “hit by a lighting bolt” and calls the incident the “worst pain she has ever experienced. She underwent major surgery and painful rehabilitation to repair the damage. Georgas said that she had to sleep face down on a massage table for a while because she was unable to raise her head. Her medical expenses for the injury have reached the six figures. Georgas is now legally blind because of the “severe and permanent” injury.

Georgas says that the city of Palm Beach should have installed landscaping, nets, fences and warning signs to protect pedestrians and motorists from flying golf balls. The Par-3 Golf Course is located next to the ocean and the Intracoastal Waterway. The Palm Beach Police Department has documented nine reported incidents of golf balls coming from the course and striking people or motor vehicles. Auto windshields were damaged in several instances.

Georgas says that Maddox, who considers herself an erratic golfer, should have issued a warning regarding the errant ball.

Premises Liability Cases
The owners and managers of premises are supposed to make sure that there are no unsafe or dangerous conditions on a premise that can cause injury or harm to others. When failure to repair or remedy an unsafe (or failure to warn of the hazardous condition) results in injury or death, the injury victim may have grounds to sue for damages by filing a premises liability case.

Common Kinds of Premises Liability Cases Include:

• Slip and fall accidents
• Inadequate security-related crimes
• Dog attacks
• Falling merchandise cases
• Injuries caused by hidden hazards or dangerous conditions on a premise

Our Florida premises liability law firm would be happy to discuss your injury case with you. You may be able to obtain personal injury compensation for medical costs, pain and suffering, and other costs.

Woman sues Palm Beach over eye injury, PalmBeachPost.com, January 5, 2008

Woman hit by golf ball near Par 3 sues Palm Beach, Palm Beach Daily News, January 5, 2008

Related Web Resources:

Golfers be fore-warned: If a ball smacks your head, see your doctor, CNN.com, May 21, 1999

The Par-3 Golf Course, Palm Beach G.C.

Continue reading "Woman Sues City of Palm Beach, Florida For Golf Ball Injury" »

Two people were injured early Monday morning in Pembroke Pines, Florida during a shooting at the Marabou Café. The female victim, Tampa resident Julia Kenesha Cornibert, sustained a gunshot wound to her right arm. She was taken to Memorial Pembroke Hospital where she was treated and later released.

The male victim, a 31-year-old man whose name had been withheld by police, was shot several times. He underwent surgery at Memorial Regional Hospital in Hollywood, Florida.

There were about 500 people at the nightclub when the shooting took place.

Police are looking for the gunman. According to reports, shootings have taken place before outside the nightclub. This is the first shooting incident to reportedly occur inside the club.

Inadequate Security Cases
If you or someone you love has been injured on a premise because the property owner or manager did not provide proper or sufficient security, you may have grounds to file an inadequate security claim against him or her.

In Florida, landowners, business owners, property managers, apartment managers, shopping mall owners, nightclub owners, landlords, building owners, and other people that own or are in charge of a premise are supposed to provide proper security. Security alarms, security personnel, secure parking, and security cameras are some of the many security measures that a premise owner or manager can put into place.

If a premise owner or manager knows that there is a risk that a crime may be committed on the property and he or she doesn’t take the proper measures to prevent the crime from happening, the premise owner or manager can be sued for personal injury or wrongful death if someone is injured or killed on the premise as a result.

Rape, physical assault, shootings, stabbings, and robbery are some of the crimes that can take place on a premise that doesn’t have proper security.

As the victim of a premises liability crime caused by inadequate security, you are entitled under to receive compensation for your injuries.

2 shot in Pembroke Pines nightclub, Sun-Sentinel.com, October 8, 2007

2 injured in Pembroke Pines club shooting, Miami Herald, October 8, 2007

Related Web Resources:

Inadequate security: the new liability crisis, Allbusiness.com, July 1, 1993

Continue reading "Two People in Florida Sustain Gunshot Injuries from Shooting at Marabou Café Nightclub in Pembroke Pines" »