Florida Injury Attorney Blog

Opening statements have been made in the Florida tobacco litigation trial against RJ Reynolds Tobacco Co. and a number of other tobacco companies. Amanda Jean Hall is suing the defendants. She claims that her husband died from lung cancer in 1995 because he was addicted to nicotine in cigarettes.

According to the plaintiffs’ attorney, Arthur Hall started smoking at age 14 and kept up with the habit for most of his life. While he tried to quit on a number of occasions, he didn’t succeed until a year before his death.

Hall’s family contends that cigarette makers failed to warn consumers that they knew that cigarettes were defective in that they were addictive and could lead to serious health issues. Hall was diagnosed with cancer in 1994. The disease was found in his lymph nodes, kidney, lungs, brain, and the paratracheal area between his lungs and throat.

In 2006, The Florida Supreme Court upheld a jury verdict holding tobacco companies liable for smoking-related deaths and injuries. However, the court said that victims would have to file individual Florida wrongful death and personal injury lawsuits to prove that they were owed damages.

Cigarette smoking can cause numerous illnesses, including:

• Coronary heart disease
• Small cell carcinoma
• cerebrovascular disease
• Pregnancy complications
• Peripheral vascular disease
• squamous cell carcinoma
• chronic obstructive pulmonary disease
• Aortic aneurysm
• Large cell carcinoma
• Cervical cancer
• Bladder cancer
• Kidney cancer
• Esophageal cancer
• laryngeal cancer
• Lung cancer
• Cavity cancer
• Pancreatic cancer
• Tongue cancer
• Stomach cancer

You may be able to hold a cigarette maker liable for your illness or loved one’s wrongful death that was caused by cigarettes.

Wrongful death trial against R.J. Reynolds opens in Gainesville, Gatorsports.com, March 2, 2010

No Clear Winners in Florida Engle Cases, JoinTogether.org, August 25, 2009

Related Web Resources:
RJ Reynolds Tobacco Company

Questions About Smoking, Tobacco, and Health, American Cancer Society

Continue reading "Tobacco Litigation: Florida Wrongful Death Trial Against RJ Reynolds Begins " »

The family of Rodney Urbanek is suing GlaxoSmithKline for Miami wrongful death. Urbanek’s daughter and widow claim that the denture adhesive Poligrip caused his paralysis and death by pneumonia. Their Florida wrongful death lawyer says that Urbanek's death may be the first denture cream-related fatality in the US.

Urbanek was a Poligrip user for 14 years. He was still healthy in 2007, but a year and two months later he had become a paraplegic, couldn’t raise his arms, and had to use a wheelchair. He died soon after from what the plaintiffs claim was zinc poisoning caused by his use of Poligrip.

While Urbanek’s death may be the first fatality linked to the use of denture creams, he is not the first person to become ill while using Polident or Fixodent, a denture adhesive that is made by Proctor and Gamble. Numerous denture cream lawsuits have been filed against both manufacturers by products liability plaintiffs that have accused them of failing to warn that there are high levels of zinc in denture adhesive creams.

Consumption of too much zinc can cause hypocupremia, which can lead to neurological problems and debilitating and permanent physical injuries. Some denture creams are said to expose wearers to up to 330 mg of zinc a day. This amount is lot higher than the 40 mg daily maximum that is considered safe.

It wasn’t until last October that GlaxoSmithKline began including a zinc warning with its Super Poligrip product, noting the possible serious side effects. Zinc was not even listed as an ingredient in the denture cream before then.

Neuropathy, which is a disorder that affects the nerves, is one of the more serious injuries that can arise from zinc poisoning. Some signs you may be suffering from neuropathy, include:

• Speech difficulties
• Swallowing problems
• Bowel problems
• Urinary difficulties
• Problems with balance
• Pain, tingling, weakness, or numbness in the extremities

You may have grounds for filing a Miami denture cream lawsuit.

Lawsuit: Deadly Dentures Killed Miami Man, NBC Miami, January 26, 2010

Related Web Resources:
Poligrip, GlaxoSmithKline

The Neuropathy Association

Symptoms of Zinc poisoning, Wrong Diagnosis

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

David Falkenstein has been awarded $5.1 million for his wife’s Florida tractor-trailer accident death. David and Ingrid, 67, were riding in a Honda minivan in Palm Coast in 2006 when they were involved in a collision with a fully loaded large truck.

Falkenstein’s pelvis was fractured during the Florida truck crash and Ingrid died instantly. The couple had just retired when the tragic traffic collision happened.

The plaintiff accused, Christopher Angland, the truck driver, of running a stop sign. The trucker and McMaster Sod LLC, both defendants of the Florida wrongful death lawsuit, tried placing the blame on Flagler County by citing the failure to replace rumble strips and the poor signage on the road.

The jury did not hold the Florida county liable for Ingrid’s wrongful death. It did, however, hold McMaster 40% liable and Angland 60% accountable.

2008 Large Truck Crash Statistics (NHTSA):

• 269 fatal Florida truck accidents
• 4,066 fatal US truck crashes
• 66,000 US truck collisions resulting in injuries
• 74% of the US truck crash fatalities were people who were riding in the other vehicles that were involved in the large trucks
• 10% of the truck crash victims who died were not riding in any vehicle
• 71% of people injured in US truck accidents were riding in the other vehicles involved
• 3% of the truck crash injury victims were not riding in any vehicle when the accidents happened

While in recent years there has been a decline in the number of truck accident injuries and deaths, truckers and trucking companies can still do a lot more to prevent catastrophic truck crashes from happening. While truck drivers aren’t always responsible for causing a truck collisions, truck driver error continues to be a leading cause of fatal accidents. More often than not, it is the people who weren't riding in the truck that sustain the worst injuries.

Some common causes of truck accidents involving a negligent trucker:
• Texting while driving
• Drowsy driving
• Driving while medicated
• Speeding
• Failure to obey traffic signs and/or traffic laws
• Failure to properly maintain a truck
• Violating the FMCSA's Hours of Service rule

Flagler widower wins $5.1 million verdict in deadly truck wreck, Jacksonville.com, November 13, 2009

Jury Awards $5.1 Million In Palm Coast Wreck, News4Jax.com, November 13, 2009

2008 Large Truck Facts, NHTSA (PDF)

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

It took a jury less than one hour to issue a $330 million Florida wrongful death award to the mother of a 13-year-old girl who was killed in a drunk driving accident in April 2007. Shelby Taylor Hagman sustained fatal injuries when the minivan she was riding in was struck by a pickup truck that ran a stop sign in a residential area. Her grandparents were in the motor vehicle with her.

According to police, Christopher Marcone’s blood alcohol level was over twice the legal limit at 0.207 when the tragic Florida car accident happened. The 27-year-old motorist is serving 13 years in prison for the fatal incident. He pleaded guilty to DUI manslaughter and other charges.

Shelby ‘s mother, Angela Stone, is also suing Kia Motors Corp. Her Florida products liability lawsuit accuses the carmaker of having a defective passenger restraint system in the minivan. Stone contends that the defective seat belt and shoulder harness played a part in causing her daughter’s fatal injuries.

The 13-year-old’s head got caught in the seat belt and she landed with her feet in the air.

People say this is one of the largest Florida awards to ever be issued. The jury decided that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

For anyone to die in a car accident is tragic. It is even more tragic when the death could have been prevented if only the liable motorist hadn’t been behaving negligently.

2008 Alcohol-Impaired Driving Accidents (Per the NHTSA):
• 11,733 alcohol-impaired driving deaths in the US
• At least 216 of the victims were kids under age 15
• More than 1400 Florida drunk driving-related deaths

Filing a Florida car accident lawsuit won’t erase what happened or make your injuries go away or bring back your loved one. It is, however, a way to hold the liable parties accountable for their actions and can allow you to obtain financial recovery for the harm that was suffered.

Hernando jury awards mother $330 million in drunken-driving death of teen, Tampabay.com, October 1, 2009

Alcohol-Impaired Driving, 2008 Traffic Safety Facts, NHTSA

Related Web Resources:
This story was written from prison by Christopher S. Marcone, Safe Teen Driver

Mothers Against Drunk Driving

It’s been four years since Donald Lewis died from what his family is alleging was police brutality. The West Palm Beach Police officers accused of suing excessive force were never criminally charged over the incident, which was captured on video.

Lewis’s family took matters in their own hands and sued West Palm Beach for Florida wrongful death in 2006. The US District Court threw out the case, which then was rejected by the 11th Circuit Court of Appeals.

Lewis’s family, however, refuses to give up and is vowing to take the case to the US Supreme Court if necessary. To the family, the video footage displays volumes about what they believe happened that night.

Police reports indicate that in 2005, Officer Raymond Shaw, accompanied by a “COPS” TV film crew, responded to a call at Lewis’ residence. Lewis, who was on drugs, told the police officer that someone was attempting to murder him.

Police tried to restrain Lewis as he struggled. After several minutes of being held down, Lewis stopped breathing. Police tried to revive him with CPR but he was dead by the time he arrived at the hospital.

While an investigation found that the police officers did not use excessive force and that drug use contributed to Lewis’ death, his family disagrees.

The COPS raw footage shows five officers using chokeholds, handcuffs, leg restraints, and a hobble cord to restrain Lewis. A sergeant is heard asking the other cops if they had reached the “state of unconscioiusness.” This video never aired on the TV show.

One prominent medical expert, Dr. Michael Baden, says he believes Lewis died from asphyxia caused by neck compression while police restrained him. He is calling the death a homicide.

Florida Wrongful Death
Police brutality can lead to injuries and death. While it is up to prosecutors to decide whether to criminally charge a cop for using excessive force, you can decide whether to sue for West Palm Beach personal injury or wrongful death.

Examples of Police Brutality:

• Physical violence
• Sexual assault
• Verbal abuse
• Emotional abuse
• Unlawful arrests
• Using force to restrain a suspect
• Intimidation
• Making threats
• Torture

Family refuses to drop wrongful death case, WPTV, October 16, 2009

Mom Sues Police After Son Dies While Taken Into Custody, WPBF, December 18, 2006

Related Web Resources:
West Palm Beach Police

PoliceCrimes.org

A judge has rejected a request by the University of Central Florida to dismiss the wrongful death lawsuit filed by the parents of Ereck Plancher. The 19-year-old UCF wide receiver died after collapsing during practice drills in March 2008. His parents, Giselle and Enoch Plancher, sued the school and its athletic association for wrongful death.

According to one news source, the plaintiffs are claiming that the school, the association, and coaching and training staffers were negligent for failing to notify the college football player that he tested positive for a sickle sell trait that can result in death from exhaustion. School officials, however, say that they did tell the 19-year-old about his condition and they had been monitoring him.

Plancher’s parents have accused coaches and trainers of ignoring the dizziness, exhaustion, breathing problems, and other symptoms of severe exhaustion that their son experienced during the off-season conditioning workout that turned fatal for him. Attorneys for the defense argued that because Plancher signed waivers relieving UCF of liability for medical conditions, the school and association cannot be sued. The judge, however, disagreed.

Now, there is news of another another possible Florida wrongful death lawsuit involving an athlete victim. Triathlete Dorothy Barnett-Griffin died after participating in the 2007 Ford Ironman Florida. Barnett-Griffin, 43, never regained consciousness after passing out during the swim portion of the triathlon in the Gulf of Mexico. The medical examiner’s office determined her cause of death was a brain injury resulting from not enough oxygen.

During Ironman competitions, participants are expected to swim 2.4 miles, run 26.2 miles, and bike 112 miles. About 2,200 people take part in this rigorous race.

In 2006, Bernard Rice, a 35-year-old Ironman participant, died after suffering a heart attack while swimming during the Ironman race. The Florida wrongful death lawyer for this lawsuit accused organizers of insufficient staffing and providing inadequate medical equipment.

If your son or daughter died while participating in an athletic or recreational event and you believe that death was caused or could have been prevented if only the parties overseeing, organizing, or supervising the activity did not act negligently, carelessly, or recklessly, you may have grounds for filing a Florida wrongful death lawsuit.

Triathlete's death may bring lawsuit, Orlando Sentinel, October 12, 2009

Lawsuit Continues In UCF Football Player's Death, Wesh.com, October 9, 2009

Family of Ereck Plancher to file wrongful death suit against UCF, NaplesNews.com, August 2, 2008

Related Web Resources:
2009 Florida Statutes

UCF Football

Ironman Florida

In South Florida, the family of Courtney Rohn, a 32-year-old mother who died from sepsis last January, is suing El Toro Taco in Homestead for her death. Their Florida wrongful death lawsuit, filed in Miami-Dade Circuit Court, claims that Rohn, who had eaten taken food from the restaurant, sustained the bacterial infection because she was the victim of food poisoning.

Her stepfather and mother, Walter and Margaret Armstrong, are accusing the restaurant of negligence, strict liability, and violating the Florida Food Safety Act. Per their Miami-Dade wrongful death complaint, on January 4, 2009, Rohn ordered food for herself and her son. She then woke up the next day experiencing severe symptoms of food poisoning. She went to the Homestead Hospital emergency room where she went into cardiac arrest and died three hours later.

Rohn experienced sepsis, which is a kind of body inflammation that can occur when there is an infection. It can also lead to organ failure and organ damage. In about 20-35% of cases, sepsis can be fatal.

After she died, Florida inspectors issued 53 safety and sanitation violation citations to El Toro Taco. 35 of the violations, they noted, could result in illness, food contamination, or environmental damage. The Miami-Dade lawsuit against the restaurant accuses the facility of neglecting to operate and maintain the restaurant in a reasonable and safe manner, failing to comply with the appropriate health codes, as well not offering food considered fit for people to eat. The lawsuit notes that employees were inadequately trained to properly and safely handle, prepare, and serve food and the premise was not free of rodent or insect infestation.

Amy Hernandez, who is one of the restaurant owners, said that they don’t think that Rohn died from food poisoning.

Restaurants can be held liable for Florida personal injury or wrongful death if a restaurant patron gets sick from eating the food served on the premise. Restaurant employees must be trained to handle, store, and serve food in a manner that won’t compromise anyone’s health. This includes maintaining a sanitary environment and making sure that food isn’t spoiled and is cooked properly.

Food Poisoning Wrongful Death Lawsuit Filed in Florida, About Lawsuits, August 20, 2009

Lawsuit: Woman died after eating tainted takeout food in Homestead, Miami Herald, August 15, 2009

Related Web Resources:
Sepsis, MedlinePlus

Sepsis (Blood Infection), eMedicineHealth

Florida Food Safety Act

The parents of one of the teenagers killed when the Jeep Grand Cherokee they were riding struck a John Deere loader in a construction zone say they plan to sue the contractor who was doing road work that evening for their son’s Florida wrongful death. 16-year-old Connor Graver was one of the three victims killed in the deadly Martin County, Florida car crash, which occurred at around 2am on August 4.

The other two victims are 18-year-olds Nicholas Coady, who was driving the sport utility vehicle, and Christopher Briglio. The front-end loader driver did not sustain any injuries from the car-tractor crash, which occurred on Cove Road close to Stuart.

The Florida wrongful death lawyer who is representing Graver’s parents say that that the contractor should have closed the lane where construction work was taking place, as well as placed a flagman or flashing lights in the area to let motorists know that it was important they slow down and exercise caution.

Construction Zone Deaths
While the number of construction deaths went down by 17% in 2007 compared to 2006, there were still 835 highway construction zone deaths that occurred in 2007—that’s 2.3 fatalities/day. Four out of every five construction zone deaths are motorists.

The government entity, construction company, or contractor involved in a construction zone project must make sure that the zone is marked and easily visible so that drivers know that because construction work is taking place they need to slow down and possibly maneuver around the job site. Setting up orange cones, signs indicating reduced speed limits, or other warning signs and/or appointing a worker to redirect traffic are just a few ways to decrease the chances of a Florida car accident happening in a construction zone. Construction workers, truck drivers, and others employed to work at the site should also exercise caution so they don’t accidentally cause a motor vehicle crash.

Although there are construction zone accidents that do occur because a driver failed to heed the safety barriers and warning signs, work zone accidents can also occur because the construction company or one of its workers was negligent or reckless. In these types of instances, it may be necessary to file a Florida wrongful death complaint or a personal injury lawsuit if someone got hurt or died as a result.

Families, friends mourn three teenagers killed in Stuart accident, TC Palm, August 7, 2009

Lawsuit Anticipated in Deadly Crash, CBS 12, August 7, 2009

Related Web Resources:
Driver Education: Construction Zone Safety, National Safety Commission, July 10, 2009

Florida Department of Transportation

The Italian family of a 4-year-old boy and his 62-year-old grandmother that died in a flash fire in a hyperbaric oxygen chamber are suing the company that runs the facility where the tragic accident occurred for the two victims' Florida wrongful deaths.

The boy, Francesco Martinisi, had cerebral palsy. His family brought him to South Florida so he could undergo treatments at the Ocean Hyperbaric Oxygen Neurologic Center, which is located in Lauderdale-by-the-Sea.

Francesco and his grandmother, Vincenza Pesce, were in the chamber when the flash fire happened. Pesce, who was holding the boy so he would feel safe, died from her injuries a day after the tragic accident. Francesco, who suffered serious burn injuries on more than 90% of his body, died 44 days later at Jackson Memorial Hospital in Miami.

Hyperbaric oxygen chambers are used to treat a number of medical conditions.
According to investigators, a tube attached to the chamber became dislodged, which caused the flash fire and blast. The medical procedure is not allowed in Italy because of the fire risk. Franceso’s family worked hard to raise $100,000 so he could travel to South Florida to undergo treatment.

The family’s Florida wrongful death lawsuits accused the center of negligence. They cited the failure of staff members to exercise the necessary precautions to prevent the fire and blast from happening. They also claim that workers failed to warn patients of the possible explosion and fire risks. The plaintiffs filed their Ft. Lauderdale wrongful death complaints in Broward Circuit Court. They contend that the deaths of the boy and his grandmother could have been prevented.

If your loved one died in an accident, there may be multiple grounds for filing a Florida wrongful death case. Medical malpractice, premises liability, and products liability are just some of the reasons a plaintiff might have for suing a negligent party for damages.

Italian boy, 4, in Fla. for therapy, dies from hyperbaric blast, TC Palm, June 12, 2009

Child Hurt In Chamber Explosion Dies In Hospital, CBS 4, June 11, 2009

Related Web Resources:
Premises Liability Overview, Justia

Products Liability Overview, Justia

In Miami-Dade Circuit Court, Martha Quesada is suing Rainbow Ranch group home and psychiatrist Dr. Steven L. Kaplan for Florida medical malpractice and wrongful death. She says that her son, 12-year-old Denis Maltez, died in 2007 because he was overmedicated and the defendants neglected to properly monitor him while he was under their supervision.

Autopsy results from the Miami-Dade Medical Examiner’s office indicate that Denis, who has autism, died of serotonin syndrome—a life-threatening condition that can occur when a mix of drugs causes the brain to make too much serotonin, which regulates a person’s mood.

Serotonin Syndrome Symptoms can include:

• Nausea
• Hallucinations
• Rapid heart beat
• Poor coordination
• Blood pressure fluctuation
• Overactive reflexes
• Diarrhea
• Vomiting

If not treated quickly, this condition may become fatal.

On May 23, 2007, Denis and a number of other people from the group home traveled by van to get a haircut. While in the parking lot, he started kicking and biting staff members. They restrained him and soon after he became unresponsive.

Quesada’s Florida wrongful death lawsuit contends that Rainbow Ranch owner David Glatt stopped taking Denis to Jackson Memorial Hospital after the boy was admitted to the group home in 2006. Instead, Kaplan began treating him. She says that Glatt switched her son’s medical care without her consent.

Kaplan prescribed and refilled four drugs for her son: anti-psychotic drugs Zyprexa and Seroquel, anti-seizure drug Depakote, and tranquilizer Clonazepam. Even though the Food and Drug Administration has not approved all of the drugs for use on kids and some of the medications are accompanied by strong warnings, Quesada’s medical malpractice lawsuit contends that Kaplan failed to make sure that her son did not experience any side effects from taking the drug.

Her complaint also contends that the psychiatrist only examined Denise once between May 26, 2006 and May 23, 2007 even though there were warning signs that he may have been experiencing medication side effects. Teachers at his school found the boy sleeping through class. in 2006, he had to be taken to the emergency room twice. The Rainbow Ranch group home is no longer in operation.

Currently, the Department of Children & Families is examining the way psychiatric drugs are used on foster children. This probe comes one month after the death of 7-year-old Gabriel Myers, a foster child that committed suicide.

Mother Claims Drug Cocktail Killed Her Son, CBS4, May 20, 2009
Lawsuit says too many psychiatric drugs killed boy, Miami Herald, May 20, 2009

Related Web Resources:
Serotonin Syndrome, Psychcentral.com

More Florida foster kids than thought are given mental-health drugs, Miami-Dade, May 28, 2009

Florida Department of Children and Families

In Florida, the estate of a man who died while operating an all-terrain vehicle is suing the decedent’s father for wrongful death. David Jason Irby died on April 21, 2007 after he crashed an ATV into a Chevron sign.

The Florida wrongful death lawsuit accuses the 28-year-old’s father, David Wayne Irby, of negligence for allegedly allowing his son to operate the ATV even though he knew his son had been drinking. The older Irby had been hosting the party where his son drank. The complaint was filed by the decedent’s mother, Bonnie McCabe, on behalf of her son’s estate.

McCabe’s Florida wrongful death lawyers say that McCabe wants any money received from the lawsuit to go toward her son’s children, Chase, now 5, and Gavin, who was born after his father’s death. They contend that David Jason Irby’s blood alcohol limit was about three times above the legal limit of .08% when he got behind the wheel of the ATV and that allowing him to operate the all-terrain vehicle was like letting him get behind the wheel of a regular motor vehicle while drunk. The estate also plans to sue the ATV owner for Irby’s wrongful death.

In Florida, a person or business can be held liable for serving alcohol to a driver who is visibly drunk and/or for allowing him to get behind the wheel of a motor vehicle. Even if the drunk motorist doesn’t sustain injuries as a result being involved in a drunk driving accident, other parties who are injured as a result of the drunk driver’s negligent behavior can file a personal injury claim or wrongful death lawsuit against the social host responsible for serving the alcohol.

Steps people who are serving alcohol can take to make sure that people don’t drive drunk:

• Make sure you stay sober so you can keep an eye on how much alcohol your guests are consuming.
• Don’t let people who have had too much to drink get in the driver’s seats of their cars.
• Assign designated drivers or call cabs.
• Stop serving people alcohol when you can see that they are clearly intoxicated.

Wrongful death suit filed against father of Indiantown ATV accident victim, TCPalm, April 17, 2009

The trouble with drunk friends, Insure.com, February 13, 2009

Related Web Resources:
NHTSA

ATV Dangers, CBS42, December 26, 2008

In Florida, the Department of Children and Families is investigating whether the smothering death of Chrisanto Beltran, a 72-year-old male resident at a Southwest Florida nursing home may have been partially caused by nursing home neglect. Beltran died at the Hidden Oaks Retirement Center last January during an altercation with another resident, 87-year-old Kenneth Knauf. The two men were both Alzheimer’s patients.

According to police, they were fighting over a blanket. While the medical examiner determined that Beltran’s cause of death was asphyxiation by smothering, questions are being raised as to whether inadequate patient supervision contributed to the elderly man’s death. According to the Department of Children and Family’s local spokesperson, one of the patients was supposed to be supervised every 15 minutes.

Not only must US nursing homes make sure that they provide each resident with the proper medical care and attention that they need, but nursing workers are responsible for making sure that patients are not a danger to themselves or others. This may mean providing additional supervision, as well as separating certain patients from the rest of the resident population. When failure to execute these responsibilities leads to injury or death, the Florida nursing home can be held liable for nursing home neglect or wrongful death.

Unfortunately, the deadly incident involving Beltran and Knauf is not that uncommon, especially as findings indicate that there are more mentally ill patients living in US nursing homes today than there were several years ago. Elderly patients are particularly at risk of getting hurt when they are around younger, stronger residents that may not be aware of what they are doing and cannot be held responsible for their actions.

Examples:
• In 2003, a 23-year-old mentally ill nursing home resident was accused of starting a fire that caused the deaths of 16 other patients. She was found incompetent to stand trial.

• In 2006, a 77-year-old male nursing home resident died after his roommate, 62, allegedly beat him with a bathroom towel bar. He too was found incompetent to stand trial.

Deadly nursing home fight may have been result of neglect, News-Press.com, March 13, 2009

Suffocation ruled cause in deadly nursing home fight, NaplesNews.com, January 21, 2009

Related Web Resources:
Nursing home patients endangered by mentally ill, Boston.com, March 22, 2009

Nursing Home Compare, Medicare.gov

Continue reading "Elderly Florida Nursing Home Resident’s Smothering Death During Fight with Other Resident May Have Been Caused by Nursing Home Neglect" »

In Fort Lauderdale, students and teachers are in shock following news that three-vehicle accident this morning involving a semi-trailer truck killed a fourth grade teacher, as well as injured another teacher and four students. Grief counselors have been working with the staff and the students at Stephen Foster Elementary School to cope with the loss of fourth-grade teacher Sharon Braun.

Braun, 58, who was not wearing a safety belt at the time of the truck accident, was thrown from the car. The Florida Highway Patrol says she died at the truck crash scene. The Fort Lauderdale truck accident took place a little after 7am close to Broward Boulevard when Tracy Fiffia, a 1999 Freightliner semi-trailer driver, hit a 1999 Buick while trying to change lanes. A 1998 Volvo was also involved in the Fort Lauderdale multi-vehicle crash.

Police say the truck struck Buick, which hit the Volvo, which went off the road and hit a light pole. The Buick also drove off the road and overturned.

All of the accident victims were riding in the Buick driven by Gail Carter, who was the other teacher injured in the crash. The children injured in the accident were ages 11, 10, 9, and 7. They were taken to Broward General Medical Hospital.

Truck Accidents
Proving liability in Florida truck accidents can be tough—unless you have an experienced Fort Lauderdale truck crash lawyer by your side. It is important that you choose a Florida personal injury attorney who knows how to properly investigate your case. This includes asking the right questions and knowing how to search for and preserve evidence.

There are various federal regulations and requirements that govern US truck drivers. A good Florida truck accident lawyer will know how to determine not just what happened but what could have been done to prevent such a catastrophic crash from happening to you and who caused the deadly trucker crash. Some examples of questions your attorney will likely explore:

• Did truck driver exceeded the federal limit for the amount of hours that he or she is allowed to operate a vehicle without taking a break?
• Was the truck overloaded?
• Do truck maintenance logs indicate that a vehicle was not properly maintained.
• Did your truck driver have the proper licensing?
• Does he or she have a medical disability that should have kept him or her off the road?

Teacher killed in wreck on I-95 near Broward Boulevard , Sun-Sentinel.com, March 9, 2009

Sharon Braun Guest Book, Legacy.com

Related Web Resources:
Federal Motor Carrier Safety Administration

National Highway Traffic Safety Administration

Continue reading "Fort Lauderdale Semi-Trailer Truck Accident Near Broward Boulevard Kills Teacher and Injures Five Others, Including Four Children " »

In Florida, the Lauder Lakes mother and father of an infant girl that died after the state removed her from their home are suing the Florida Department of Children & Families, the nonprofit agencies in charge of managing foster care in Miami-Dade County and Broward County, and His House Inc., the owner of the Florida-licensed group home Landmark Shelter for her wrongful death. Madison Ariel Coley was just 4-weeks-old when the state took her and two of her brothers from her parents in February 2007 for what they said was their own protection following allegations of medical neglect and physical endangerment because a firearm was put in a place that was easily accessible for the older children.

Nine days later, Madison was found dead in a crib at Landmark Shelter. She was on her stomach and a blanket was covering part of her face. Authorities say that five hours had passed since anyone had come to check on her and when someone finally did she wasn’t breathing. Florida officials say her cause of death was accidental suffocation.

Her parents, Jossalyn Crawford and Michael Coley, are alleging that workers at the Florida shelter should have known better than to leave an infant loosely wrapped in a blanket. Their wrongful death lawsuit, filed in Broward Circuit Court, seeks unspecified damages.

A probe by th DCF found no evidence of wrongdoing or negligence on the part of shelter workers and the department has called Madison’s death a tragic accident. However, the DCF also doesn’t think anything could have been done to prevent the fatal accident

Crawford says she has had several nervous breakdowns since her daughter's death.

According to ChildDeathReview.org, suffocation-related child fatalities occur when a young child or baby is put in a position where he or she can't breathe.

Common causes of child suffocation accidents:
• Positional Asphyxia
• Overlay: accidentally rolling onto or over a child
• Covering over a child’s chest or face
• Choking accidents
• Confining a child in an airtight space
• Strangulation

Lauderdale Lakes parents suing DCF over daughter's death at group home, Sun-Sentinel, February 18, 2009

Suffocation Fact Sheet, ChildDeathReview.org

Related Web Resources:
Florida Department of Children & Families

His House Inc.

In Miami, the Thomas More Society has filed a Florida wrongful death lawsuit against 13 defendants over the death of a baby girl. The lawsuit contends that Shanice Denise Osbourne was born alive at an abortion clinic but that the clinic owner later allowed her to die.

The case stems from an allegedly botched abortion procedure that occurred in July 2006. The baby’s mother, Sycloria Williams, sought to have her pregnancy terminated by Dr. Pierre Jean-Jacque Renelique, who gave her prescription medicine and inserted laminaria sticks in her body to help her get ready for the procedure.

When Williams arrived at the clinic, she was in a lot of pain. The clinic’s receptionist allegedly gave her Cytotec to dilate her cervix and induce labor. She then waited for hours to be seen by a doctor.

During this time, her water broke and she delivered her daughter onto a recliner. The baby, who was alive, was breathing. At this point, clinic owner Belkis Gonzales allegedly entered the room, cut the umbilical cord using shears, put the baby in a red biohazard bag, and threw the bag into the garbage. A doctor soon arrived at the clinic to sedate Williams.

Medical records fail to reveal that Shanice Denise Osbourne was alive when she was born. Miami police, however, reportedly received multiple anonymous calls about the alleged incident. A search was conducted to retrieve the baby’s body, which was found decomposing in a cardboard box in one of the clinic’s closet.

The Miami-Dade County medical examiner’s autopsy indicates that Sharon’s lungs did take in oxygen prior to her death. The examiner, however, says cause of death was “extreme prematurity.”

Dr. Renelique, Gonzales, and four South Florida abortion clinics are among the wrongful death defendants being sued for allegedly botching the abortion, unauthorized medical practices, falsifying medical records, engaging in evasive tactics, murdering the baby, and concealing/getting rid of her body.

Medical Malpractice
Medical facilities and their employees owe all patients a certain duty of care. If that duty of care is not followed and a patient gets hurt or dies, you may be able to file a Florida wrongful death lawsuit. Medical mistakes, failure to diagnose, and failure to provide medical care in a timely manner are just a few examples of what might be considered medical malpractice.

Lawsuit Filed for Baby Born Alive at Abortion Clinic then Killed and Hidden from Police, Lifesitenews.com, January 30, 2009

Medical Malpractice, Justia

Related Web Resource:
Birth Injuries, Justia

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

In Broward County, a Florida jury awarded Yvette Lorenzo and her three daughters $8.07 million for the wrongful death of Orestes Lorenzo. The deadly accident occurred on July 2, 2004.

The North Miami Beach police officer was driving his vehicle on Pines Boulevard in Pembroke Pines when he swerved his vehicle to avoid striking a Honda Civic, driven by Natasha Russo. The 18-year-old failed to halt at a stop sign.

Lorenzo’s motor vehicle then went into a drainage curb, which caused his car to trip and smash against a big royal palm tree. He was ejected from his vehicle and died several days later.

Lorenzo’s family sued the Florida Department of Transportation, Natasha Russo, and William Russo for his wrongful death. The family’s complaint claims that Natasha’s negligent actions while driving her father’s vehicle caused Lorenzo’s wrongful death. It also accused the FDOT of negligence and violating its own regulations by placing big palm trees and a drainage curb on a road that had a 50pmh speed limit.

The Broward County jury estimated that Lorenzo’s family sustained $11.5 million from the crash. After determining that Lorenzo, as well as the FDOT and Russo, was also liable for causing the Florida car accident, the jury awarded Lorenzo’s family 70% of the damages, placing 30% of liability with the police officer. Natasha was held 55% responsible for causing the deadly auto accident.

Failing to Obey Stop Signs
Running red lights and failing to halt at a stop sign are two common causes of traffic accidents. Stop signs are there to help drivers and pedestrians determine whose turn it is to move forward through an intersection. Unfortunately, not all motorists remember to stop at these signs, which can lead to serious injury accidents and deaths—especially for motorists, pedestrians, and pedalcyclists who may have expected the driver to yield the right of way.

Family of North Miami Beach police officer killed in crash is awarded $8 million, Palm Beach Post, December 10, 2008

Jury Awards $11.5 Million in Tragic Car Accident, MarketWatch.com, December 10, 2008

Related Web Resource:

Wrongful Death Overview, Justia

Florid Department of Transportation

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

According to investigators, seven patients treated by West Palm Beach Dr. Sergio Rodriguez died of drug overdoses—some while using medication that the pediatrician had prescribed to them. Rodriguez has been charged with prescribing prescriptions to patients even though he did not fully examine them, trafficking oxycodone, and delivering Xanax, methadone, and Soma. The Florida pediatrician is currently behind bars. His bail is set at $2.7 million.

Patients whose deaths are under investigation include 25-year-old Tommy Nunn, whose autopsy showed that the same drugs Rodriguez prescribed him were in his system when he died, Robert Miller, and 27-year-old Port St. Lucie resident Robert Bowes Jr., who died from an overdose after he took Xanax, oxycodone, and methadone—all prescribed by Rodriguez.

The probe into Rodriguez’s medical practice began earlier this year after other businesses in the area complained that adults that appeared to be strung-out were frequenting the pediatrician’s practice, located at a strip mall on Dixie Highway.

An undercover officer that pretended to be a patient says that Rodriguez prescribed pain and anxiety medications to her on five different occasions without conducting a medical exam.

Rodriguez has told investigators that he was likely an addict and that he lacked the proper training to prescribe painkillers or help patients manage their pain. He also admitted that he knew that all of his patients who needed medication to manage their pain abused the drugs and that he let his patients tell him what (and how much) medication he had prescribed to them in the past. Rodriguez also says he prescribed over 1,000 methadone and oxycodone tablets to his girlfriend for his own use.

It is considered an act of medical malpractice for a doctor to incorrectly prescribe medication to a patient—whether too much or too little. Doctors are also supposed to conduct proper examinations of their patients before prescribing medication to them. When a doctor fails to exercise his or her duty of care and a patient dies as a result, family members may be able to file a Florida wrongful death lawsuit.

Seven of doctor's patients died of overdoses, detectives say, Palm Beach Post, September 26, 2008

West Palm Beach pediatrician faces new drug charges, Palm Beach Post, August 25, 2008

Related Web Resources:
Overdose deaths on the rise, CDC says, Los Angeles Times, January 26, 2008

Calls for doctor-prescription database raise privacy warnings, Palm Beach Post, August 2, 2008

Wrongful Death, Justia

Continue reading "Seven Patients of West Palm Beach Doctor Charged With Illegally Prescribing Pain Medicine Reportedly Died of Drug Overdoses" »

More than four years after Claudia Avila was struck in the head by a 34-pound metal plate that flew into the windshield of a car she was a passenger in, a Palm Beach County jury has awarded her family a $6.1 wrongful death judgment.

The 43-year-old Pompano mother was on her way to meet her daughter for lunch on February 17, 2004, when the deadly accident happened in Delray Beach on I-95. Avila, who suffered serious head injuries and went into a coma, died after being taken off life support several weeks later.

While the Florida Highway Patrol closed the case with no conclusive evidence as to the source of the metal plate, the Avila family continued to pursue the case. They eventually sued concrete block manufacturing company Tarmac America, trucking company EM Transfer, and scrap metal company IGM for her wrongful death.

While IGM and EM Transfer settled the case out of court, the family went to court against Tarmac America. Avila’s family accused the concrete block manufacturing company of failing to properly secure the metal plates so they could be transported safely. As a result of the Tarmac America’s negligence, the family says that the metal plate fell off the truck, which resulted in Avila’s subsequent wrongful death.

Out of the $6.1 million verdict, 28% of the liability was apportioned to Tarmac America. The damages included compensation for the plaintiff’s loss of parental support and pain and suffering. 72% of liability was allotted to EM Transfer, which leaves a $1.7 million judgment for Avila’s children.

If you or someone you love was seriously injured in a motor vehicle accident caused by another party’s negligence—even if the responsible party cannot initially be located—it is important that you explore your legal options for personal injury or wrongful death compensation.

Jury awards $1.7 million to family of woman killed by metal plate on I-95, Sun-Sentinel.com, September 19, 2008

$6 Million Verdict In 2004 Road Debris Death, Marketwatch.com, September 22, 2008

Related Web Resource:

Traumatic Brain Injury, Institute of Neurological Disorders and Stroke

US Transportation Secretary Mary E. Peters says that there were 41,059 motor vehicle-related deaths in 2007—the lowest number of traffic fatalities/per year since 1992—and that 2.49 million people sustained injuries in highway accidents. The number of motor vehicle-related deaths in 2006 was 42,708 with 2.58 million reported injuries.

Peters attributed the decline in overall deaths to safer vehicles, aggressive law enforcement measures, and the federal government’s own efforts to prevent auto accidents. While the total number of traffic fatalities dropped, Peters noted an increase in motorcycle fatalities from 4,837 in 2006 to 5,154 deaths in 2007, accounting for 13% of all traffic fatalities last year. The number of injured motorcycle victims also increased from 88,000 to 103,000.

Other 2007 Traffic Statistics:

• Traffic deaths involving passenger vehicles dropped from 30,686 in 2006 to 28,933 in 2007.

• The number of pedestrian deaths decreased from 4,795 in 2006 to 4,654 in 2007, while the number of pedestrian injury victims increased from 61,000 to 70,000.

• Bicyclist deaths dropped from 772 deaths in 2006 to 698 deaths in 2007, with injuries to pedalcyclists dropping from 44,000 to 43,000 victims.

• The total number of large truck accident-related deaths dropped from 5,027 deaths in 2006 to 4,808 truck accident fatalities in 2007.

• The NHTSA reports that there were 3,214 motor vehicle deaths in Florida in 2007, which is a slight decrease from the 3,357 traffic deaths that occurred in 2006.

The data is part of the 2007 Annual Assessment of Motor Vehicle Traffic Crashes and People Injured compiled by the National Highway Traffic Safety Administration.

Our South Florida motor vehicle crash lawyers would like to discuss your case during a free consultation.

U.S. Secretary of Transportation Mary Peters Announces Historic Drop in Highway Fatalities and Rate, Dot.gov

Read the Summary of the NHTSA 2007 Report (PDF)

Related Web Resources:

Florida Department of Transportation

Continue reading "NHTSA Says Number of Traffic Deaths Declined in 2007" »

The family of Ereck Plancher, the 19-year-old University of Central Florida football player who died after a practice session, says they intend to sue the school for wrongful death. Plancher collapsed during a conditioning workout last March.

The family’s Florida wrongful death law firm submitted a notification of intent that a lawsuit would be filed. The complaint accuses UCF of negligence and alleges that school coaches and/or trainers ignored the symptoms that the college freshman was experiencing, which included dizziness, exhaustion, and shortness of breath.

While UCF is not commenting on the pending lawsuit, a spokesperson for the school maintained that the health of its athletes is a major priority.

Last month, the Medical Examiner’s Office in Central Florida determined that Plancher’s cause of death was sickle sell trait, which could get triggered by physical stress.

UCF Athletic Director Keith Tribble has acknowledged in a statement published on the University Web site that the school has known since January 2007 that Plancher had sickle cell trait. He also has stated that the school staff always carefully monitored his physical condition during workouts and practice sessions.

Elements that usually must be present in order to file a wrongful death lawsuit:

• The defendant must have caused or been partially responsible for causing the victim’s death.
• The defendant either acted negligently, recklessly, on purpose, or was strictly liable and caused the death as result of his or her actions.
• Surviving family members have suffered certain losses because their loved one died in the accident.

In Florida, the state gives family members two years from the date of death to file a wrongful death lawsuit against defendants. Remember that there are certain steps involved leading up to the filing of a wrongful death lawsuit, which is why it is important that you speak with an experienced Florida wrongful death lawyer as soon as possible.

Family of Ereck Plancher to file wrongful death suit against UCF, Naplesnews.com, August 2, 2008

UCF football player Ereck Plancher dies after conditioning drills, OrlandoSentinel.com, August 6, 2008

Related Web Resources:

University of Central Florida

Sickle Cell Trait

In Florida, the family of a Boca Raton woman who died after two hospitals were unable to find a neurosurgeon following her stroke has received almost $2 million from Tenet Healthcare Corp. The family and Tenet settled the medical malpractice case in April but the amount was not disclosed until June.

The lawsuit said that the four-hour delay to treat Barbara Masterson after her stroke caused her death. The 52-year-old woman woke up with weakness on her right side and slurred speech on February 22, 2004, and there was bleeding in her brain by the time she arrived at the West Boca Medical Center emergency room.

The hospital contacted four neurosurgeons, but they all refused to come to the hospital to treat her. A doctor at Delray Medical Center, which had a transfer agreement with West Boca, also refused to treat her. Masterson was then transported to Holy Cross Hospital in Fort Lauderdale. By this time, she was unresponsive and her right side was paralyzed. She died several days later.

Palm Beach County hospital ERs have developed a spotty reputation over the last several years due to a shortage of specialists, including neurosurgeons. Stroke care, however, has improved at a number of hospitals since 2004.

Medical Malpractice in Florida
In Florida, family members can file a medical malpractice lawsuit and sue over the death of a loved one. A medical malpractice claim can be brought if the person that caused injury or death to the victim was a medical professional. If the patient died as a result of the negligence, then the lawsuit can be brought under the Florida Wrongful Death Statute. A lawsuit against a hospital owned by the state, county, or city must be filed under the Florida Tort Claims Act. If the hospital where the medical malpractice incident occurred took place is federally owned, then the lawsuit must be filed under the Federal Tort Claims Act.

Plaintiffs have two years from the time of injury/or death or when the patient or family members should have known (or knew) about the malpractice to file a case. Florida’s “statute of repose” also makes it impossible to sue a health care provider more than four years after the malpractice accident occurred unless concealment or fraud was involved. The exception to this is “Tony’s law,” which prohibits the statute of repose from cutting off a medical malpractice claim involving a child until he or she turns eight years of age. The state's two year statute of limitations, however, can still apply if parents/guardians knew or should have known that medical malpractice was the cause of the child's injury.

In Palm Beach County and other areas throughout South Florida, our medical malpractice attorneys have helped many injured patients and their families recover compensation from negligent doctors, hospitals, nurses, dentists, and other medical providers.

Tenet pays $2 million over delay in stroke treatment, PalmBeachPost.com, July 14, 2008

Related Web Resources:

Medical Malpractice, Justia

Federal Tort Claims Act (PDF)

Continue reading "Family of Boca Raton Woman Receives Nearly $2 Million to Settle Medical Malpractice Case Involving Wrongful Death Caused by Delayed Surgery" »

Connie D. Johnson, the mother of an 11-year-old boy who died in 2006 after collapsing while practicing football, has filed a wrongful death lawsuit against the Tampa Bay Youth Football League.

Johnson is accusing the league of causing her son’s death on July 21, 2006. Jarnell Johnson passed away nine days after experiencing heatstroke while exercising with the Nuccio Jaguars.

Johnson says the coaches neglected to make sure that her son was properly hydrated during the workout session. She also accuses them of failing to see that her son was suffering from a heat-related illness. Her wrongful death lawsuit claims that the league should have made sure that athletic directors and coaches were aware that the summer months are a very hot and humid period in Florida.

In an unrelated incident, several days before Jarnell’s death, another boy collapsed and later died after working out with the Progress Village Panthers. A medical examiner with the Hillsborough County ruled an extremely rare genetic blood disorder as the boy’s cause of death.

Who can recover compensation from a Florida wrongful death claim:

• The decedent’s husband/wife
• Children
• Parents
• Adoptive siblings and blood relatives (if they were partially dependent on the deceased for services or support)
• Children born out of wedlock to decedent (if the deceased was their mother)

Our South Florida wrongful death lawyers would like to offer you a free consultation to discuss your case.

Mother sues over child's football death, Tampa Bay.com, July 4, 2008

Related Web Resources:

Nuccio Jaguars

Wrongful Death, Justia

Continue reading "Florida Mother Sues Youth Football League For 11-Year-Old’s Wrongful Death" »

In Fort Pierce, Florida, Jennifer Powers, the widow of Timothy Powers, a Vero Beach motorcycle rider who died last January when he was truck by a tractor-trailer rig on US 1 is suing truck driver Felix Villa and Torres Trucking & Tree Hauling Corp., the company Villa was working for, for wrongful death.

Timothy, 49, died at the scene. The morning fog was heavy on January 24 and the Florida Highway Patrol say the motorcyclist was not able to see the truck due to low visibility. The FHP says Timothy tried to put his motorcycle safely down but flew off the bike when the truck hit him. The heavy fog was also the reason that the St. Lucie County Fire District could not send a rescue helicopter to the accident site.

Jennifer alleges that Villa acted negligently to cause her husband’s death and she is accusing Torres Trucking of vicarious liability. Her lawsuit doesn’t specify a specific damage amount.

If you were hurt or someone you love died in a tractor-trailer accident in Florida, you need to retain the services of an experienced South Florida truck crash law firm that knows how to investigate your truck crash case and pursue recovery from all liable parties. Truck crash claims can be complex cases, and liable parties may include:

• The truck driver
• The truck company
• The owner of the truck
• A truck leasing company
• The truck manufacturer
• The truck shipper
• The manufacturer of a defective truck part
• Other motorists

Truck crash accidents will usually result in serious injuries, especially for motorcyclists and pedestrians that have no protection from the physical impact of getting hit by a tractor-trailer, big rig truck, 18-wheeler truck, or large garbage truck.

Our South Florida truck crash lawyers can help you explore your legal options. If we agree to work together, we will begin investigating your case, including examine all the evidence and assess your injuries, and take action to get your compensation.

Vero Beach widow files lawsuit against truck driver, TCPalm.com, July 1, 2008

Related Web Resource:

Federal Motor Carrier Safety Administration

Continue reading "Florida Widow Sues Tractor-Trailer Driver for Wrongful Death of Motorcyclist " »

In Florida, Kareen Dryden, the mother of Dean McGregor, a 7-year-old boy who died from blunt force injuries, is suing the Department of Children & Families and ChildNet, its contracted foster care agency, for his wrongful death.

Dryden is accusing the two agencies of failing to investigate allegations that Dean's father, Desmond McGregor, was abusing the boy, and neglecting to protect Dean and his brothers from the abuse.

Dean died in July 2006 following a severe head injury caused by blunt force that left him clinically brain dead. The Broward County Sheriff’s Office is continuing to investigate the cause of his injuries. No one has been arrested in connection to his death.

A Florida judge had awarded custody of Dean, who was a twin, and his two brothers to their father after Kareen was arrested on felony child neglect charges. At the time, Desmond McGregor already had a criminal record, which included a charge for aggravated battery.

In 2005, the DCF’s abuse hotline received a report from a caseworker that Desmond’s girlfriend had disciplined Dean with a belt. During an examination following the abuse report, Dean told state doctors that his father hit him with a belt and he had neck and back injuries.

In 2006, Florida’s Child Protection Team confirmed abuse, failure to protect, and failure to provide safe environment. The kids remained in their father’s custody. The Florida wrongful death lawsuit accuses the defendants of knowing the boys were in danger but failing to remove them from their father’s home.

This latest lawsuit against the DCF comes soon after Florida lawmakers approved a claims bill granting 9-year-old Marissa Amora $18.2 million for traumatic brain injuries she sustained when the DCF allowed the girl, then 2, to return to her biological mother even though there were signs she was being abused. A jury initially awarded Amora’s adoptive family $26 million.

Our South Florida wrongful death law firm has helped many families recover compensation for the wrongful deaths of their loved ones. We are dedicated to protecting you and your right to recovery.

Mother sues DCF over boy's death, MiamiHerald.com, May 28, 2008

Abused Florida 9-year-old to receive millions for DCF mistake, News-press.com, May 6, 2008

Related Web Resources:

The Florida Department of Children and Families

ChildNet.

Continue reading "Broward County Mother Sues Florida’s Department of Children & Families for Son’s Wrongful Death" »

Patricia Floyd, the 51-year-old mother of three that died in a Florida motor vehicle collision on Mother’s Day was buried on Monday. Floyd was killed when a stolen truck that was speeding struck the car she was riding in.

Floyd’s 17-year-old son was also seriously hurt in the multi-car collision. He was taken immediately to Jackson Memorial Hospital's Ryder Trauma Center. His Injuries included internal bleeding and a broken leg.

Two other people from one of the two other autos also involved in the motor vehicle collision were also taken to hospitals. Fortunately, their injuries are not fatal.

The two men that fled the scene after the deadly crash had reportedly stolen the truck from Gold Coast Crane Service. They have yet to be found although Florida police are continuing to look for them.

Reasons why drivers hit and run:

• They are riding a stolen automobile
• Drunk driving
• Driving under the influence of alcohol or drugs
• No driver’s license
• They may have violated their probation or are avoiding apprehension for another reason
• Panic or fear

In 2004, the AAA Foundation reported that almost 11% of police-reported collisions are hit and run cases. National Highway Traffic Safety Administration reports that 14,914 people died in hit and run accidents between 1993 and 2004.

Our South Florida auto crash law firm represents surviving family members that have lost loved ones in motor vehicle accidents resulting from driver negligence or recklessness. We can pursue all possible avenues of recovery for you. Just because the negligent driver hasn’t been apprehended yet doesn’t mean that you don’t have any options to receive compensation for your injuries and property damage.

Killed On Mother's Day Laid To Rest, CBS4.com, May 19, 2008

Police: Driver Of Stolen Truck Flees After Fatal Crash, NBC6, May 12, 2008

Related Web Resources:

Florida Hit and Run Laws

Hit-run deaths see 20% increase, USA Today, October 17, 2008

Continue reading "51-Year-Old Woman Killed on Mother’s Day in Hit and Run Motor Vehicle Collision is Laid to Rest" »

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" »

In Florida, the husband of a woman who was kidnapped from her North Port residence and murdered says he plans to file a wrongful death lawsuit against Charlotte County and the Charlotte County Sheriff’s Office. He is accusing them of “severe incompetence” over the handling of a 911 call about her abduction.

Denise Amber Lee disappeared from her house in January. Her husband, Nathaniel Lee, returned home in the afternoon and found their two children, ages 2 and 8 months, alone. Denise’s naked body was discovered in a shallow grave two days later. Michael King was arrested and charged with her murder. He has pled not guilty.

Nathaniel says that a Port Charles woman heard Denise screaming and banging on King’s Camaro after he had raped her. The woman called 911, reporting that she had heard crying and “not happy screaming.”

Two 911 dispatchers failed to send police to the intersection where the woman said that she saw Denise. She is believed to have been killed several hours after the 911 call was placed.

Just 90 minutes before her call, police had issued a “be on the lookout” for Lee and his Camaro. A Charlotte County Sheriff’s Office is located less than half a mile from where Denise’s body was found.

An internal affairs investigation found that Denise also called 911. Transcripts record her saying “I'm sorry I just want to see my family, please let me go,” before the call was disconnected.

Police officers, lawyers, doctors, investment brokers, and other professionals are required to provide a certain level of professional care when doing their jobs. When failure to perform at that required standard results in serious injuries or deaths in Florida, the negligent or careless party may be held liable under Florida’s Wrongful Death statute.

Our South Florida personal injury law firm is committed to protecting you. We Represent the People, Not the Powerful. Contact one of our Florida wrongful death lawyers to discuss your case.

Denise Lee's husband files intent to sue sheriff's office, ABC7.com, April 10, 2008

Charlotte should settle Lee lawsuit, Heraldtribune.com, April 13, 2008

Nathan Lee: dispatcher showed "severe incompetence", Tampa Bay 10.com, April 10, 2008

Related Web Resource:

Charlotte County Sheriff's Office

Continue reading "Florida Husband To File Wrongful Death Lawsuit Against Charlotte County Sheriff’s Office For Handling of 911 Call" »

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" »

The family of Kenneth "Roger" Gadd has filed a Florida wrongful death lawsuit against the city of Lakeland, Florida. Gadd was killed on July 17, 2006 when the car that he was riding in was struck by a truck being driven by a theft suspect that Lakeland police were chasing.

The suspect, Tonya English, was sentenced to 30 years in prison for DUI manslaughter. Police discovered that there was alcohol and drugs in her system when the car accident happened.

Gadd’s son, his mother Dorothy Holm, and his sister Deborah McGlothen are also suing English and Erik Pearson, the owner of the car that English was driving. Pearson had picked up English, a hitchhiker, and left her in the car with the engine running while he ran into a store. English took off with his car and Pearson called 911.

Police chased English, even deploying stop sticks. The police pursuit was moving as fast as up to 70mph. During the chase on State Road 33, English moved into the opposite late and hit Gadd’s Toyota Camry. He died instantly.

Lakeland police say the pursuit was justified and that they acted within police pursuit policy. Gadd’s family says that they hope the lawsuit will lead to a stricter police pursuit policy.

The family is suing Pearson because they believe that he never took responsibility for leaving a stranger in his car with the engine on, which resulted in the deadly car chase and collision.

Our South Florida wrongful death law firm has helped many families recover compensation for the accidental deaths of their loved ones. In Florida, survivors of a decedent that can claim wrongful death include the deceased’s children, spouse, parents, and other that may have relied on the victim for support. One of our Florida wrongful death lawyers in Hollywood, Naples, or Miami would be happy to speak with you during a free consultation.

Financial recovery for wrongful death may include medical expenses, funeral/cremation/burial costs, loss of earnings, pain and suffering, loss of financial support, loss of emotional support, and other damages.

Family of Police Chase Victim Files a Lawsuit, The Ledger.com, April 3, 2008

Related Web Resources:

Woman Charged In Police Chase That Killed Innocent Motorist, TBOBlogs.com, September 26, 2006

Statutes, The Florida Senate

Continue reading "Family Sues City of Lakeland, Florida For Man's Wrongful Death During Police Car Chase" »

The Florida Highway Patrol has identified Kenneth Jenkins as the driver whose wrong-way driving on Interstate 95 lead to a car crash that killed three people on Sunday in Delray.

According to investigators, Jenkins, a 25-year-old North Lauderdale resident, was driving his Pontiac headed southbound in the northbound lanes when he crashed head-on into a Mercedes. Riding in the Mercedes were Boris Rapoport, his mother Renee, Robert Rutman, and Angelica Pagliuca.

Pagliuca was seriously injured and her condition has improved to fair since then. Rapoport, his mother, and Rutman were killed in the fatal car crash.

Jenkins is reportedly in fair condition at Delray Medical Center. Conflicting witness reports had initially made it difficult to identify which car was driving in the wrong direction. Florida Police are waiting to see whether alcohol or drugs were involved. They have yet to press criminal charges against Jenkins.

Two other accidents related to the wrong-way driving collision also occurred on Sunday. Lake Worth resident LaShawn Antoinette Brown sustained minor injuries while trying to avoid the deadly crash. In the process, she hit one of the cars involved, as well as a white Honda Accord.

Delray Beach police Sgt. Toby Rubin broke his ankle when he was hit by another car that was trying to avoid the Pontiac, driven by Jenkins. Rubin had been following the Pontiac from the freeway shoulder and tried to warn other drivers.

Wrong-Way Driving
Driving the wrong way on a road or freeway can be very dangerous and can lead to serious injuries or death for the driver and other motorists and pedestrians. According to information from the Fatality Analysis Reporting System (FARS), 350 people die every year in the United States because of wrong-way driving.

When a driver is careless, reckless, or makes a mistake by driving the wrong- way on a road and others are injured or killed as a result, the driver may be held liable by the injured parties through personal injury and wrongful death claims and lawsuits.

Our Florida injury law firm has helped the victims of car accident, truck crash, motorcycle collision, and injured pedestrians recover injury compensation for the harm they have suffered.

Wrong-way driver identified in I-95 crash in Delray, Sun-Sentinel.com, March 19, 2008

FHP faults Pontiac driver in wrong-way crash, Palm Beach Post, March 19, 2008

Wrong-Way Driving on Freeways: Problems, Issues, and Countermeasures

Related Web Resources:

Top 10 Basic Driving Mistakes

Florida Department of Highway Safety and Motor Vehicles

Continue reading "Florida Highway Patrol Name Wrong-Way Driver in Deadly Delray Car Collision" »

The family of William T. Fain, 80, has filed a wrongful death lawsuit against Westside Regional Medical Center. Fain was admitted to the hospital’s ER on Super Bowl Sunday in 2006 after having a seizure. Hospital doctors told nurses to take him to the intensive care unit and to make sure that he didn’t fall off the bed. The nurses were ordered to lower the bed, install bedrails, and frequently check on him.

The agency nurse monitoring Fain did not follow these orders. Soon after kissing family members goodbye for the night, Fain was found on the floor after falling off the bed. He sustained brain damage from hitting his head and died two weeks after the fall.

The family alleges that the fact that agency nurses are unfamiliar with or do not follow hospital procedures is an issue at Westside Regional. The hospital has responded to this accusation by stating its confidence in the care that the nurses at the hospital provides. Nightingale Nurses is the staffing agency that provided the agency nurse to the hospital.

Agency nurses are being used more often to staff hospitals because of the shortage of full-time nurses. In two hospital surveys conducted in 2007, results showed that 10% of nursing posts are vacant. This does not take into account the fact that many hospitals reportedly wish that they could hire more nurses than the number of posts that their budgets allow.

About 1 out of every 8 nurses working in Florida is a fill-in nurse. The Florida Hospital Association has acknowledged the downside of employing someone who is only a temporary worker and not a permanent part of an organization. It also, however, noted that hiring a temporary nurse is better than being understaffed. The use of agency nurses is reportedly an even more common practice at hospices and in the home health service.

Problems that can arise with fill-in nurses include:

• They may be unfamiliar with the facility, its policies and procedures.
• Because they don't always work with a patient regularly, they may not notice when there has been a change in the patient's condition.

Groups who represent Florida nurses are supporting bills that would obligate Florida hospitals to report staffing levels, including nurse-to-patient ratios. They are hoping that such a mandate would improve work conditions for nurses and provide better care for patients.

Our Florida personal injury law firm handles wrongful death cases as well as claims and lawsuits involving medical malpractice.

Lawsuit over man's death puts use of agency nurses in spotlight, Sun-Sentinel, March 10, 2008

Measure would require hospitals to divulge nurse staffing levels, Naplesnews.com, March 9, 2008

Related Web Resources:

Westside Regional Medical Center

Nightingale Nurses

Continue reading "Florida Wrongful Death Lawsuit Focuses on Use of “Fill-In” Nurses in Hospitals " »

The family of 20-year-old Rachel Finzi has filed a wrongful death lawsuit against Florida psychologist Adam Feder, who has been criminally charged with her manslaughter death and of trafficking in controlled substances.

Finzi was a patient of Feder, 40, for two years. He also was sexually involved with Finzi, who he started treating when she was 18. The wrongful death lawsuit, filed today in Miami-Dade Circuit Court, accuses Feder and Compass Health Systems (CHS), the company that employed Feder, of being responsible for her death.

Finzi’s family brought her to CHS for treatment because she was suffering from psychological problems and depression. Feder was her psychologist and he gave her illegal prescription drugs and marijuana. Prosecutors say that Feder used other doctors’ prescription pads to write the prescriptions and obtain them illegally. As a psychologist, Finzi is not allowed to prescribe medication.

Finzi was found dead at his apartment from an OxyContin overdose in 2006. Finzi’s family says that CHS acted negligently by hiring Feder.

Medical professionals are required by law to provide their patients with the proper and ethical medical care. When failure to do so results in the serious injury or death of a person, that medical provider can be held liable via a medical malpractice or wrongful death lawsuit.

In South Florida, our wrongful death law firm has successfully handled all kinds of death and injury cases, including claims and lawsuits involving medical malpractice. We would like to offer you a free consultation to discuss your case.

Finzi’s family is seeking financial compensation for their daughter’s medical costs and their pain and suffering caused by her death.

Victim's Family Files Lawsuit against Florida Psychologist Arrested for Patient's OxyContin Death, EMediaWire.com, March 3, 2008

Psychologist charged in girlfriend's OD death, Miami Herald, February 26, 2008

Related Web Resources:

OxyContin, DEA

OxyContin Side Effects, RxList

Continue reading "Family of 20-Year-Old Girl Sues Florida Psychologist for Her Wrongful Death by Prescription Overdose" »

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" »

The 70-car collision on Florida’s I-4 on January 9 injured 38 people and killed at least 5 people. The multi-vehicle collision in Polk County is considered one of the worst highway disasters in the state’s history. Many personal injury lawsuits are expected to be filed as a result of this catastrophic accident.

At the time of the pileup, visibility was zero on a freeway made even more challenging to drive on by thick fog and the smoke from a 400-acre controlled fire. Florida’s Department of Agriculture and the Florida Highway Patrol are among those investigating the cause of the accident. The first collision occurred at 4:30am, just a little over one hour after a Florida officer had given the all clear.

Car drivers, truck drivers, truck companies, motor vehicle manufacturers, the Florida Fish and Wildlife Conservation, the Department of Transportation, the Florida Highway Patrol, and other government agencies will be investigated for possible liability in causing the multi-vehicle collision. While the Florida Highway Patrol says 10 collisions occurred within the 70-car pileup, the state of Florida might say that there was just one accident involving 70 motor vehicles.

One family that has already filed a personal injury lawsuit is the Gomez family. Five family members were in one of the cars involved in the crash. Three of them were hospitalized in critical condition. One of the family members, Adrian Gomez, died from his injuries last week.

The Gomez family claims that there were no sign to warn them that there was a controlled burn taking place near the vicinity of the freeway. The drivers that struck their car and the Division of Forestry are named in the Gomez family's injury lawsuit.

Florida’s waived sovereign immunity only lets an injured driver recover up to $100,000 or $200,000 for dependents. Any other recovery must be filed through a law called the Claims Bill.

While Florida’s PIP (personal injury protection) insurance coverage covers up to $10,000 in medical costs for drivers—regardless of who caused the accident—some injuries require medical treatment that go well beyond this financial limit.

A good Florida motor vehicle accident lawyer can help you file a claim or lawsuit against any and all negligent parties so that you have the financial recovery you need to pay for your medical care and other associated costs.

Smoke Closes Same Stretch Of Highway Tuesday Morning, News4Jax.com, January 15, 2008

Slew of I-4 pileup lawsuits will cover wide range of blame, Orlando Sentinel, January 13, 2008

4 Killed, 38 Injured In 70-Car Pileup, Local6.com, January 10, 2008

Related Web Resources:

Florida Highway Patrol

Florida Fish and Wildlife Conservation

Florida Department of Transportation

Continue reading "Personal Injury Lawsuits Expected in 70-Motor Vehicle Crash on Florida’s I-4" »

NASCAR and insurer United States Aviation Underwriters have reached a settlement agreement with the family of Janise Woodward, the Sanford. Florida woman who, along with her 6-month old son Josiah, died when a plane operated by the racing agency crashed onto the Woodward residence last July.

The wrongful death claims were filed separately on behalf of Janice’s husband, Joseph Woodard, and their daughter, Jurnee, 4.

The deadly plane accident occurred on July 10, when the plane when down in an Orlando neighborhood. Two NASCAR employees were flying the plane.

The plane’s pilot noticed smoke coming from the cockpit soon after leaving Daytona Beach. Controllers were guiding the plane so it could land at Orlando-Sanford International Airport when the collision occurred.

The plane also crashed onto another Sanford residence, this one owned by Peter and Milagros Dechat. Peter sustained serious burn injuries in the accident. The Dechat’s daughter Gabriel, 4, also died in the aviation accident. Their son Daniel Happy, 10, is still being treated for his burn injuries at Cincinnati’s Shriners Burns Hospital. The couple says that they plan to file injury and wrongful death claims also.

Personal injury and wrongful death claims and lawsuits related to plane accidents can be challenging cases to handle without the help of an experienced Florida plane accident lawyer.

Plane accidents often leave no survivors and can also seriously injury or kill innocent bystanders and residents on the ground who are just going about their daily life—whether they are walking up the street, riding a car, or sitting in their kitchen having breakfast.

A good plane accident attorney can determine whether the pilot, the air traffic control team, the plane company, or anyone else can be held liable.

Your personal injury attorney should have a solid understanding of aviation law and the different rules that govern private planes, commercial airliners, and military jets.

Family reaches settlement after fatal Sanford plane crash, OrlandoSentinel.com, January 16, 2008

Family Who Lost Mother, Son In Sanford Accident Settle With NASCAR, Aero-News Network, January 16, 2008

Related Web Resources:

Federal Aviation Administration

United States Aviation Underwriters

NASCAR

Continue reading "NASCAR and Florida Family Reach Wrongful Death Settlement" »

A Florida Panhandle man died on Tuesday after having a heart attack while riding Walt Disney World’s Expedition Everest roller coaster ride in Orlando. There was no portable defibrillator available to try and restore Jeffery C. Reeb’s heartbeat.

Reeb, a Navarre resident, died of dilated cardiomyopathy. He had a history of heart arrhythmias and had an enlarged heart. He was unresponsive and unconscious when he returned to the unloading area after riding the roller coaster.

A Disney employee and a registered nurse who was visiting the amusement park gave him cardiopulmonary resuscitation at the scene. It is unclear whether having a portable defibrillator at the scene immediately would have helped. Investigators say the ride was operating properly.

Reeb was transported to Florida Hospital Celebration Health where he later died.

Just last November, Walt Disney Co. announced that it would install 200 more defibrillators at Walt Disney World and 250 more defibrillators on its other properties. Walt Disney World says that as many as 40 lives may have been saved at Disney World, Disneyland, and on Disney Cruise Line Ships since 650 defibrillators were installed four years ago.

There were in fact two defibrillators close to the Everest roller coaster on Tuesday—one was located at a first-aid station just a couple of hundred yards from the Everest ride; another defibrillator was on a mobile cart.

In 2005, a 4-year-old boy suffered a heart attack after riding the Mission: Space Ride at Disney’s Epcot. The boy’s family filed a wrongful death lawsuit against Disney. The lawsuit was settled for an undisclosed amount.

If you were seriously injured at a Florida amusement park or if someone you love was killed on an amusement park ride because the ride was not working properly or because the amusement park was negligent or careless, you should contact a Florida personal injury lawyer immediately.

Amusement parks are obligated to make sure that their rides and their premises are safe for visitors. The park also must have the proper first-aid facilities to treat visitors in the event of an emergency.

Autopsy: Man died from heart attack on Disney roller coaster, Orlando Sentinel, December 20, 2007

Magical Mountain.net, Heart Attack Cause Of Death On Disney Ride, December 20, 2007

Related Web Resources:

Ride Accidents

Accident Watch, Theme Park Insider

Continue reading "No Defibrillator Available As Florida Man Dies of Heart Attack on Disney’s Expedition Everest Roller Coaster" »

The family members of 43-year-old Florida resident Ronald Wadsworth have filed a wrongful death lawsuit against Volusia County, Prison Health Services Inc., and psychiatrist Dr. David Hager.

Ronald—called Ronnie—passed away at an Ormond Beach nursing home on June 30. Ronnie was mentally retarded. He also had Parkinson’s disease. His condition had deteriorated by the time he was released from Volusia County Branch Jail a few months later and sent to Avante, a nursing home in Ormond Beach.

The lawsuit claims that Ronnie Wadsworth did not get the proper medical care that he needed while incarcerated. Family members say that his condition deteriorated a great deal while he was in jail. They say that he lost so much weight that he only weighed 100 pounds. He had many bedsores. They also say that Wadsworth did not get the medication he needed. The lawsuit says that the infection and ulcers he got as a result of the neglect are what killed him. Wadsworth was not able to complain about his physical illness because he was mentally ill.

This is not the first lawsuit that has been filed against Volusia County Branch Jail because of the way it allegedly treats mentally and physically ill inmates. The jail is located on Red John Road off U.S. 92.

Wadsworth was illiterate. He was arrested after he snuck out of a group home in May 2006 to masturbate while naked on a neighbor’s porch. Wadsworth was charged with burglary but released on bail when the Clear Path Group home promised to watch him more closely.

Wadsworth was ordered to jail again after a neighbor took photographs of him climbing out of one of the home’s windows. A judge ordered Wadsworth to stay in jail until a better place could be found for him.

The lawsuit is seeking unspecified damages from the county for numerous claims, including its negligent hiring of Prison Health Services staff members.

In a wrongful death claim or lawsuit, there may be more than one party that can be held liable for your loved one’s death.

In Florida, a deceased person’s surviving family members can file a wrongful death claim or lawsuit. “Surviving family members” can refer to the decedent’s husband, wife, mother, father, children, adoptive siblings, other blood relatives that were dependent on the decedent for services or support.

Family sues over jailed man's death, Dayton Beach News-Journal Online.com, December 11, 2007

Related Web Resources:

Volusia County, Florida

Wrongful Death, Justia

Continue reading "Florida Family Sues Volusia County and Prison Health Services Inc. for Wrongful Death " »

A 3-year-old boy and his grandfather are dead in the wake of a deadly multi-car accident caused by a drunk driver in Lake City, Florida.

Craig Camiel Jr. and his grandfather Henry, 61, died on Saturday when the Honda they were riding in was rear ended by an SUV driven by 18-year-old Aaron Adler. Adler's Honda then crossed the median and was struck by a Chevrolet pickup.

The Florida Highway Patrol says that Craig, who wasn’t in a car seat, died at the accident scene. Henry was pronounced dead at the hospital.

The three people in the pickup were in critical condition and taken to Shands at the University of Florida. Lake Butler resident George Griffis, the driver of the pickup, was later released. His wife Cathy and mother Katherine, who were also riding the pickup, were still at the hospital on Sunday.

Aaron Adler was arrested on two charges of DUI serious bodily injury and two charges of DUI manslaughter.

Alcohol-alert.com offers the following 2005 drunk driving statistics for the state of Florida: Out of the 3,541 traffic fatalities that occurred in Florida in 2005, 1,471 of them involved drunk driving. Drunk driving is a punishable offense in Florida.

If you or someone you love has been seriously injured because of a drunk driver, you should speak with an experienced Florida car accident lawyer who can help you file a personal injury claim or lawsuit against the negligent party. If someone you love has died in Florida because of a negligent car driver, you are entitled to receive wrongful death compensation.

The death of a loved one can leave behind an inconsolable and permanent hole in the lives of the loved ones who are left behind. Losing a mother, father, son, daughter, husband, or wife is life changing and extremely painful. Loss of emotional support, companionship, and financial support may result. There also may be expenses incurred by the death, including funeral and medical costs.

Crash kills grandson, grandfather, The Gainesville Sun, December 3, 2007

Florida Drunk Driving Statistics, Alcohol-Alert.com

Related Web Resources:

Florida Automotive Safety & Statistics, DMV.org

Florida Wrongful Death Act

Continue reading "Florida Grandfather and 3-Year-Old Grandson Die in Three-Car Collision in Lake City" »

19-year-old Coral Springs resident Christian Anthony Martinez is dead after a car struck the bicycle he was riding on November 19.

Martinez was riding his bicycle on Northwest 39 Street. As he tried to cross Coral Ridge Drive, Martinez was hit by a 2005 Chrysler van driven by Dana Ball, also a Coral Springs resident.

Martinez was taken to North Broward Medical Center where he died from his injuries later that day.

In 2006, 124 bicyclists were killed in Florida. 39 bicycle passengers and 4,227 bicyclists sustained injuries in traffic accidents.

Bicycling, walking, jogging, running, skateboarding, and in-line skating are popular activities in sunny Florida. Unfortunately, the injuries that can result when a bicyclist or a pedestrian is involved in a car accident, bus crash, truck collision, or motorcycle accident can be catastrophic.

Common causes of bicycle accidents include:

• Speeding
• Drunk driving
• Failing to yield to a bicyclist
• Failure to see the bicyclist
• Failure to see the motor vehicle driver
• Failure to obey a traffic signal or sign

Many traffic accidents involving bicycles occur at intersections and crosswalks.

If someone in your family has died in a bicycle accident or any other kind of motor vehicle accident that you believe was caused by another party’s negligence or carelessness, you may be entitled to wrongful death compensation for the death of your loved one.

The statute of limitations for a motor vehicle-related death in Florida is two years from the date of death. You must retain the services of an experienced Florida wrongful death lawyer in order to file a successful wrongful death claim or lawsuit.

Bicyclist dies after being struck by vehicle in Coral Springs, Sun-Sentinel.com, November 20, 2007

Related Web Resources:

Bicycle Regulations, Florida Drivers.com

Bicycles, NHTSA

Continue reading "Florida Bicyclist Dies After Being Hit By Car in Coral Springs" »

The mother of Amber Kraus, a 15-year-old girl who died during a parasailing accident at a resort in Pampano Beach, Florida has filed personal injury and wrongful death lawsuits against Island Waves Parasail and Wyndham Vacation Resort. Amber Kraus’s sister Crystal, 17, was also injured in the parasailing accident.

The Broward Sheriff’s Office says that the fatal accident took place on August 18, while a 28-foot-boat belonging to Island Waves Parasail pulled the girls on a parasail.

The boat captain says that the winds suddenly accelerated from 15 mph to approximately 40mph. The wind dragged the boat to shore and the hydraulic winch was unable to lower the parachute. The two girls spend two minutes hovering over the beach until the parachute started to spin out of control. The line broke and the two teenagers flew onto the roof of the Beachcomber Hotel and Villas and through a number of trees in its courtyard where their parachute left them hanging.

The plaintiff’s side says that Island Waves Parasail should not have taken the girls out in such bad weather. It also blames the Palm Beach Gardens company for not having the proper equipment and using an inexperienced driver. The girls also allegedly told the driver at one point that they wanted the operator to bring them down from the air but that the operator refused to do so.

The Leighton family is from Ocala, Florida. They are suing Wyndham Vacation Resort because the resort arranged the parasailing trip for the girls. The lawsuits were filed in Miami.

Personal Injury Cases
When a person is seriously injured in an accident because another party acted negligently, carelessly, or recklessly, a personal injury claim or lawsuit can be brought against the responsible party. The claim or lawsuit allows the injured person to claim damages, such as compensation for pain and suffering, medical costs, and lost wages.

If you are seriously injured in any kind of accident that was someone else’s fault, you should speak with a personal injury lawyer immediately. Your attorney can deal directly with any other parties so that you are not persuaded to reach a settlement that will not cover all your costs and give you the compensation that you deserve.

Wrongful Death Cases
A wrongful death claim or lawsuit can be brought by mothers, fathers, sons, daughters, husbands, and wives that have lost loved ones in personal injury accidents caused by the negligence of others. While obtaining compensation in a wrongful death case cannot bring your loved one back, it is an acknowledgment of your loss and a way to hold the responsible party liable. It also provides the surviving loved ones a means of financial recovery for medical costs related to their loved ones’ death, funeral costs, burial or cremation expenses, and compensation for lost income and benefits brought about by the death.

Mother Files Lawsuit After Parasail Accident, Local10.com, August 29, 2007

Related Web Resources:

Teen Taken Off Life Support After Parasail Crash, Local10.com, August 22, 2007

Personal Injury, Nolo

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