Wrongful Death Lawyer Blog

It is like a never-ending story in South Florida, especially in Miami, where almost every other day a cyclist or a pedestrian is injured or killed by a motor vehicle. The miamiherald.com reported that two cyclists were hit in the early morning hours of Wednesday, February 16, while riding on the Rickenbacker Causeway between Key Biscayne and Miami.

A report today by cbslocal.com tells us more about this sad story. Two riders were struck: 37 year-old Aaron Cohen, who died Thursday night after being taken off life support (he had undergone emergency brain surgery at Jackson Memorial Hospital after the accident) and 48 year old Enda Walsh, who suffered a broken leg.

Another Driver That Leaves The Scene of an Accident

Another thing that seems to be taking epidemic proportions in South Florida are the cases of drivers leaving the scene of an accident...That's exactly what Michele Traverso, the driver that killed Mr. Cohen, do after the accident. Despite the very damaged condition of his car's windshield (which made investigators wonder how he could drive the vehicle at all), Mr. Traverso simply drove his car to the parking lot of his Key Biscayne condo unit, where he covered it with a tarp in order to conceal the damage. However, debris from the crash scene allowed investigators determine the vehicle's make and zero in on it.

At the time of the accident, Mr. Traverso was driving without a license and attending a court-ordered drug program because he had been charged with possession of cocaine last May. He also had a 2009 arrest for possession of marihuana.

The alarming frequency of these hit and run cases makes me wonder about the kind of people that live amongst us....After all, they share the same roads me and my family use everyday (both as drivers and pedestrians) and to say the least, it is disconcerting to realize that among us live people with such low moral values...

Accidents happen everyday and can happen to any one of us. Don't these drivers realize that it could be their own loved ones left dead at the scene of an accident? They probably realize it, but just don't care. So long as they don't have to pay for the consequences of their actions...

Another Pedestrian Killed

Then we have the case of Brazilian race care driver J.P. Mauro, who has been charged with DUI manslaughter, vehicular homicide and cocaine possession after fatally hitting 45-year-old Russell Knudson at around 1:30 a.m. last night on Collins Avenue, near 39th Street. Mr. Knudson was loading a bicycle into the back of a parked Toyota Camry when Mr. Mauro, who police claim was travelling at twice the 30 M.P.H. speed limit, veered into the parking lane and struck him. The impact threw Mr. Knudson onto the sidewalk, where he was pronounced dead. Mr. Mauro's eyes were bloodshot, he smelled of alcohol and according to police, he admitted to having been drinking earlier in the evening.

Continue reading "Cyclists and Pedestrians Continue to be Traffic Targets in South Florida" »

A Phoenix, Arizona man has suffered a fatal spinal cord injury at an indoor trampoline amusement park, according to justicenewsflash.com. The accident occurred Thursday last week at Skypark, a local recreational facility.

The victim's name was Ty Thomasson, age 30, who was with a group of friends when the accident happened. Apparently, Mr. Thomasson was injured when he dove into a foam pit at the indoor trampoline complex. It is not yet clear how exactly Mr. Thomasson dove into the pit, but the fact remains that he broke his neck. Emergency crews responding to the scene said he was not breathing and did not have a pulse when they arrived. Mr. Thomasson was rushed to the hospital and succumbed to his injury on Sunday, February 5.

While the investigation of this event is still ongoing, it is worthwhile to note that this may also be a case of product liability for which the manufacturer of the trampoline and/or foam may be liable. For example, if it is shown that those using the trampoline believed (as well as Mr. Thomasson) that the foam in the pit made it safe to dive into the pit and there were no signs indicating that such was not the case, both the park and the manufacturer of the trampoline may be held liable for Mr. Thomasson's wrongful death.

Park Responsible for Patron's Safety

Amusement parks are responsible for their rides and apparatus functioning correctly. For example, under Florida Law, amusement parks are responsible for the safety of their patrons and must comply with the same general laws applicable to all other businesses. They have a duty to maintain their facilities in a reasonably safe condition, they have a duty to correct dangerous conditions and they also have a duty to warn patrons of known dangerous conditions.

Local, state and federal governments have developed additional rules designed to help keep amusement parks safe for patrons. For example, some of these rules regulate the parks' maintenance schedules and provide for safety inspections. Some other rules enforce height and weight limits on rides. There are also specific language requirements for warning signs intended to advise patrons of hazards and strict training standards for ride operators.

Continue reading "Man Suffers Fatal Spinal Cord Injury at Amusement Park" »

Hit and run accidents continue to happen with alarming frequency in South Florida. The latest of these incidents happened in Hialeah early Wednesday when an 2002 GMC Envoy SUV sideswiped a smaller Toyota Scion with three people onboard heading South on Okeechobee Road near the Florida Turnpike extension, according to the miamiherald.com.

Victim Drowned

The driver of the Toyota lost control of the vehicle and plunged into a nearby canal, where the car sunk into 22 feet of water. Apparently, all three occupants of the Toyota managed to make it to the surface, but one of them, later identified as Gilberto Duenas, became fatigued and drowned. Subsequently police found the SUV about a quarter of a mile away, abandoned because it was too damaged to be driven and with paint marks that matched the victim's Toyota. Police is currently looking for the registered owner of the SUV. The SUV is noted as being from Naples, Florida.

An Accident May Not Be A Crime, Running From One Is

People tend to panic when they find themselves involved in an accident. As terrifying an experience as it is, an accident is just an accident. In other words, those involved had no intention to provoke it. Also, an accident can happen to anyone.

However, once a party to an accident decides to run away from the scene, these actions can make it a crime. Under Florida Statute No. 316.027, "The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash..." Failure to stop and/or remain at the scene is a felony in Florida.

And while an accident can happen to anyone, a felony doesn't: felonies happen to people whose moral turpitude and selfishness makes them believe they are impervious to justice...We have seen responsible (until then) parents, law abiding community members, decide one day to go for a couple of drinks after work and subsequently get into an accident on their way home. Suddenly realizing that they may have had one too many drinks and the gravity of their predicament, these until-then responsible people suddenly forget their legal duty to stop, as well as their duty as human beings to assist their victims.

Besides the moral implications, to hope to get away with it in this day and age is ludicrous. Crime scene investigators have the tools and technology necessary to provide detectives with very accurate information that enables them to catch up with the offender sooner rather than later, specially when someone has lost his or her life as a consequence of the hit and run.

Runners Often Turned In By Witnesses

Additionally, hit and run felons may likely be turned in by witnesses at the scene. Such was the recent case of a Tamarac driver who ran after causing an accident, only to be turned in by an 11 year old boy who wrote down his tag number, according to cbslocal.com.

Continue reading "More Hit and Run Accidents in South Florida" »

South Florida roads continue to be a very hazardous place for anyone not actually inside a vehicle. And I don't mean pedestrians, who at times have seemed to be a favorite target... I mean any unfortunate driver that suffers a mechanical breakdown or an accident. Last weekend three people lost their lives when they were struck by another vehicle passing by where their damaged vehicle was stopped, according to the SunSentinel.com.

Good Samaritan Losses His Life Too

On Saturday, two 22 year old young ladies, Cheresa Nave and Megan Kea, suffered a minor single car accident when they hit a tree at about 4:30 a.m. Subsequently, 24 year old Andrew Edmond, a good samaritan, stopped to offer assistance. Shortly thereafter, the three were struck by a passing vehicle. Kea was killed at the scene, while Nave and Edmond died later at Broward General.

Continue reading "South Florida Roads Not A Good Place For Anyone Not In A Car" »

A Madison County driver has been charged with DUI manslaughter and vehicular homicide for the death of a passenger killed when he lost control of the vehicle and crashed last October, according to www.wtxl.com. On October 15 of last year, Henry Lee Robertson, Jr., was driving his car along US Highway 90 when he lost control of the vehicle, striking a telephone junction box and several trees before coming to a full stop. According to police, Henry had been drinking and his blood alcohol level was .224. Henry had two passengers with him in the car: Jamie O'Neal Hampton and Jerry Lacadrick Miller. They were all wearing their seat belts, but while Henry and Jamie survived, Jerry did not.

Having motor vehicle operators held criminally responsible if someone dies as a result of them negligently operating a vehicle while under the influence of alcohol or having these drivers held liable in civil court for the damages that their negligent driving caused, is not news. Therefore, we should not be surprised if the estate of Mr. Miller files suit for wrongful death against Mr. Robertson and his insurance company....

Yet, our experience over a combined 60 years of practice, has taught us that some victims hesitate to file a claim against the responsible driver due to a feeling of guilt over suing a relative or a close friend.

Continue reading "Suing A Close Friend or Relative May Be Unavoidable and Costly if Delayed" »

As a lawyer who has represented the injured and those who have lost loved ones due to the negligence or fault of others, I am very cognizant of the shock, grief, anger and pain felt by every injured party and their loved ones. I can't tell you how many times I have been contacted by an injured person or a family member asking me a question about a possible case months or even years after the event took place. I have learned through experience, that the best way to serve oneself or a loved one, is to get a lawyer involved in the case as early as possible so that the attorney can retain whatever experts have to be retained, preserve evidence, talk to witnesses and make sure that if there is a valid claim to be brought, it can be brought with the evidence necessary to obtain the best possible result.

Helping The Descendants Of An Explosion Victim

Let me give you an example. In 2010 our firm was retained by two young women from Maine whose dad was in the intensive care/burn unit at the Orlando Regional Medical Center as a result of being severely burned in an LP gas explosion. People close to the daughters had told them that the best way to help their dad even though they were grieving and in shock would be to hire a lawyer who could investigate the claim early on and preserve the evidence. Reluctantly, the daughters called us and spoke to my partner and myself over the phone and decided to retain us.

We immediately went into action and found a renowned expert who would meet us at the scene and go through the debris and rubble in an effort to find the cause or causes of the explosion. Our firm and this expert made arrangements to meet with the Fire Marshall, adjusters and experts from the condominium association, a unit owner, and the LP gas company within 48 hours of being hired.

Preserving Evidence Early

A comprehensive examination of everything was conducted with ALL PARTIES PRESENT. This was very important because you never want to have an issue regarding tampering with evidence or the chain of custody of evidence. In this particular case, it became even more important, because not only was the whole scene inspected by each party, but photographed as well, all at the same time. Within 2 days following this inspection, evidence at the scene was tampered with. Had we not been able to do the inspection early on, the end result of the case might have been different. Because we were able to conduct the inspection early on, we were able to settle this case with all parties for a very substantial sum within 14 months of the explosion.

Continue reading "IMPORTANCE OF RETAINING A LAWYER SOON AFTER AN INJURY OR A WRONGFUL DEATH" »

The family of a deceased victim of plastic surgery has sued the Weston clinic where she was operated on, BrowardPalmBeach.com reports.

Beware: A Nip & Tuck Surgery Can Go Wrong...

A liposuction performed to Kellee J. Lee-Howard, mother of six, at Alyne Medical Rejuvenation on February 23rd, 2010 caused her to die the following day of polydrug toxicity. Court records of the lawsuit filed by her husband, James Howard, allege that she died because the clinic failed to properly administer lidocaine.

Another patient, 38 year old mother of two Maria Shortall, died on June 11 from a liposuction performed at the same clinic. She stopped breathing halfway through the procedure and was rushed to a hospital where she was declared dead on arrival.

Continue reading "Family Sues Clinic Over Death Of Plastic Surgery Victim" »

According to the Washington Post, the Joint Commission Center for Transforming Healthcare has stated that 40 wrong-site surgeries happen every week in the United States.

Performing The Wrong Surgery

Mistakes include amputating the wrong leg, removing a kidney from the wrong patient or in lay terms, performing the wrong surgery. According to surgeon Dr. Dennis O'Leary, the problem may be prevented by following some very simple rules, including the preoperative verification of important details, like making sure that an X-ray isn't flipped or that the right patient is on the operating table....

The Commission studied the operating protocols at 8 hospitals and ambulatory surgery centers. The Commission found that problems with the facilities preoperative procedures and their scheduling processes, as well as ineffective communication and distractions in the operating rooms increased the risk of wrong-site surgeries. All of these surgical facilities found that establishing redundant verification procedures in the preoperative rooms decreased the risk of wrong-site surgeries from 52% to 19% and, consequently, increased patient safety.

Continue reading "Wrong Site Surgery Too Common In The United States" »

According to the Miami Herald, Hip Hop singer Sean Kingston suffered a jet ski accident late Sunday evening and was subsequently taken to the Ryder Tauma Center at Jackson Memorial Hospital with critical injuries.

Hit Miami Beach Bridge

A spokesperson for the Florida Fish & Wildlife Conservation Commission, Officer Jorge Pino, stated that 21 year old Mr. Kingston, had a female passenger with him when he collided with a bridge.

Continue reading "Famous Hip Hop Singer Suffers Jet Ski Accident" »

According to a study cited by USA Today, the Orlando - Kissimmee metro area is the deadliest metro area for pedestrians in the United States with 550 pedestrians killed in the last decade alone.

Four Other Florida Cities Top The List

The study by Transportation for America, a safety advocacy coalition, only included cities with more than one million inhabitants. Florida was the State with more cities on the list with Tampa - St. Petersburg - Clearwater as number 2; Jacksonville as number 3 and Miami - Ft. Lauderdale - Pompano Beach as number 4.

Continue reading "Orlando Is The Most Dangerous City For Pedestrians In The United States" »

One person died and nine were injured in a three car crash that forced authorities to close the Dolphin Expressway early this morning, according to the Miami Herald.

Not a Good Morning for Commuters

The accident backed up traffic for miles, with only one lane being re-opened nearly two hours after the crash. Apparently it all started at around 6:45 a.m. when the driver of large red passenger van lost control at the 57th Avenue (Red Road) exit ramp, hit the yellow barrel-like crash attenuators and flipped over. Subsequently, two other vehicles hit the van: a silver pick up truck and a red car. Both of these vehicles sustained extensive damage.

Continue reading "Multiple Car Crash Closes The Dolphin Expressway (SR 836)" »

Florida legislators are considering a new law which would set limits to the liability nursing homes could face in wrongful death cases, according to the Sunshine News.

If approved, the new law would limit non-economic damages to $250,000.00 for a nursing home's first wrongful death case. Additionally, the new statute would not allow families seeking redress for wrongful death to be awarded punitive damages against the investors/owners of the nursing home, if these are not from Florida.

Good for Nursing Homes, Bad for Our Elderly

Among the supporters of the bill are the Florida Health Care Association and the Chamber of Commerce. Both these organizations say that nursing home operators could use the money they currently spend fending off lawsuits in providing better health care at the facilities. On the other hand, the groups that oppose the bill, among them the AARP and the Florida Justice Association, say that the bill does nothing for nursing home residents and only helps nursing homes by limiting the liability for which they should be held accountable.

Continue reading "New Florida Law Would Protect Nursing Home Owners At Elderly Patients Expense" »

A German Shepherd mix breed recently attacked three children in Homestead. Apparently, it was the guard dog at a business across the street from where the children live and the business was closed for the day. Subsequent police investigation showed that the dog dug a whole under the fence, ran across the street to where the children were playing and attacked them.

Saved his younger brother

As soon as they saw the dog charging at them, the two smaller boys hid under a vehicle parked nearby. Then the oldest, 7 year old Timo Perez, blocked the attacking dog with his body, not allowing it to reach his younger companions. The children's father heard their screams and grabbed a shovel, repeatedly hitting the dog until it left. Timo was bitten in his arm, shoulder and head and had to be taken to Miami Children's Hospital.

Continue reading "German Shepperd Attacks Children in Homestead" »

Florida legislators are considering a bill that would greatly limit nursing home's liability in wrongful death cases, according to an article in the Sunshine News.

Under the proposal, non-economic damages would be capped at $250,000.00 for any nursing home's first wrongful death case. Similarly, it would make it very difficult to punish a nursing home for it's conduct by awarding punitive damages or to go after out-of-state investors/owners of the nursing homes.

Good for Business, Bad for the Public

The bill has supporters and detractors. Groups that favor the bill (the Florida Health Care Association and the Chamber of Commerce) say that it would help nursing home operators save money currently spent fending off lawsuits and allow instead for it to be spent by the home in providing better health care at the facilities. Detractors (the AARP and the Florida Justice Association) state that nothing in the bill helps nursing home residents and that, instead, it only helps the nursing homes by limiting the liability for which they should be held responsible.

Continue reading "Florida Lawmakers Consider Shielding Nursing Home Owners" »

The drought is here...again. After a couple of years with reasonably abundant rainy seasons it seems like this year is going to be one of the driest South Florida has experienced in the last 80 years, at least according to the South Florida Water Management District.

Palm Beach County has already experienced 29 brush fires since December, as compared to only four during the same period last year. According to the forestry district, the number of brush fires in its Everglades District (which includes Miami-Dade, Broward and Palm Beach counties), is more than twice the number for the same period last year.

Lightning Not To Blame This Time

According to authorities, human activity (unattended camp fires, carelessly disposing of cigarets, etc.) is their main concern, not the traditional suspect: lightning...The drought creates the ideal scenario for brush or wildfires to start: considerable accumulation of very dry "underbrush" and dropping water table, which makes it very difficult for firefighters to find sources of water to use when combating the blaze. Therefore, authorities are asking the population to be extra careful with potential sources of fires when enjoying the outdoors.

Continue reading "Drought and Wildfires Threaten Properties in Palm Beach" »