South Florida Personal Injury Blog

A woman in the Fort Lauderdale area was awarded $3.6 million by a jury in her personal injury case last week. Lynda Daly, 57, was exposed to asbestos when she worked in Ford dealerships during the 1970s. During the same period, she assisted her husband with brake repairs using Ford brake pads, which also contained asbestos. As a result of the exposure, Daly developed cancer in the form of mesothelioma. Daly’s personal injury attorney noted that mesothelioma is usually fatal within about two years of its discovery.

Malignant mesothelioma is caused by earlier exposure to asbestos, often by breathing in the particles. The cancer cells invade the mesothelium, which is the layer of tissue covering human internal organs. It occurs in the lungs in most cases.

The Broward jury found that Ford Motor Co. was responsible for Daly’s injuries dating back to the 1970s. The dangers of asbestos were documented decades ago, with the first lawsuit arising in 1929. Nonetheless, the United States did not issue regulations on the use of asbestos until 1989; even today, consumer products can legally contain very small amounts of asbestos. Other countries, such as Australia, have banned its use entirely. As a result of the lack of regulation and the negligent use of asbestos well after its dangers were documented, thousands of people like Daly develop mesothelioma and other cancers each year. Although asbestos were not yet regulated by the federal government, Ford should nonetheless have taken measures to prevent asbestos exposure.

Personal injury suits arising out of the workplace are quite common. Exposure to asbestos is no longer one of the most prevalent workplace hazards, although it is extremely serious due to the likelihood of contracting a terminal cancer. More commonly, workers suffer injuries from the operation of machines, from repetitive strain, fires, or electrical equipment. Workers may be hurt from falling in dangerous conditions.

Companies have a duty to take measures to provide their employees with a safe place to work. For instance, the company should provide its employees with training in the operation of dangerous equipment. In some cases, the company may even have a duty of care to an employee’s family member: the Tennessee Supreme Court ruled in September that a factory was negligent in failing to warn its employees of the dangers of asbestos. As a result, the daughter of a former employee contracted mesothelioma due to exposure to fibers on her father’s clothes (Satterfield v. Breeding Insulation). The company was aware of the dangers of asbestos at the time. The Court determined that although the insulation factory might not have foreseen the risk to family members, the risks of using asbestos and the impact on those exposed to the fibers were foreseeable.

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The circumstances surrounding the death of an elderly woman near Boca Raton, Florida, could give rise to a wrongful death suit if the driver in a fatal car accident was negligent in operating his vehicle. The Palm Beach County Sheriff’s Office is investigating the automobile accident that killed Marion Maloney, 74, on Sunday afternoon on Surf Road. According to investigators, Richard Plevniak, 52, was driving his Hyundai in reverse out of his yard when he struck Maloney, who was walking down the street. Maloney was taken to the hospital, where she died of her injuries.

According to investigators, Plevniak submitted to toxicology testing to determine if he was under the influence of alcohol at the time of the accident. Results are not yet available and no charges have been filed against Plevniak at this point in time.

Unfortunately, car accidents are one of the most common personal injury claims [link to Contact Us] plaintiffs’ lawyers see. According to the National Highway Traffic Association and the Insurance Institute for Highway Safety, about 11 percent of all traffic accidents involve pedestrians. About 5,000 American pedestrians are killed each year in car accidents and another 64,000 suffer non-fatal injuries. A large portion of these accidents occur in poor lighting, on the weekends, and at intersections. Elderly people are particularly vulnerable to injury in pedestrian car accidents. They are involved in more pedestrian accidents than any other group besides small children. Additionally, those over the age of 70 are about twice as likely to suffer a fatal accident as a pedestrian than people under the age of 70.

Many of the 64,000 pedestrians who survive the car accident still incur serious injuries. Some of these injuries are permanently disabling. Examples include:

• Broken bones
• Head and brain injuries
• Concussions
• Back injuries
• Damage to internal organs
• Internal bleeding
• Spinal injuries, including quadriplegia and paraplegia
• Many others

Pedestrians who have been injured in car accidents due to the negligence of the driver may be able to recover monetary damages. Damages may be available for medical expenses, pain and suffering, loss of wages, and/or emotional distress associated with the accident. If the pedestrian was killed in the accident, his family may be able to recover for wrongful death and other damages, including loss of a family member’s company, services in the home, the loss of a spouse’s consortium, medical expenses, funeral costs, and/or lost wages. No amount of compensation can bring back a loved one, but recovering damages can help you take care of your family.

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In a recent October 2008 case, the 4th District of Appeal sustained a lower court’s ruling that a plaintiff in response to her interrogatories made false statements that were absolute, intentional, and untruthful responses that were intended to impede discovery. What basically happened was that plaintiff while on a motorcycle was involved in a car accident with a City vehicle that injured her. The City sent her interrogatories to respond to and asked her about her injuries and if they were permanent and for names and addresses of prior physicians she may have seen in the last 10 years. She was also asked if she was ever a party to a lawsuit. In her response, plaintiff failed to list 3 or 4 doctors that she had seen in the past 10 years and also stated that she had not been involved in any lawsuits in the past when she had been. In the case at hand, the plaintiff is seeking damages for head an neck injuries sustained in a motorcycle/car accident. Yet, she failed to disclose a rather extensive history of migraine headaches for which she treated over several years. Accordingly, the case was thrown out. Thus, remember, when answering interrogatories, do not lie or mislead or withhold information because the court does have a remedy when falsehoods do occur and that is dismissing your case!

If you have a similar scenario that you would like to find out the answers to, please call and speak to either attorney Andrew S. Alitowski or William Ryan Moore at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.

If you are injured…Ask Andrew!!!

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Can a school or the county school board be held liable when a student skips school and leaves during school hours and then is seriously injured while joy riding during school hours?

In a recent case, the 4th District Court of Appeals said ‘no’. In that case a child left the high school after first period class. He with some friends walked to his car and drove off school grounds. Shortly thereafter he was involved in a car accident that killed him. The parents sued on his behalf saying that the school and school board were responsible for his safety. The school from which he left has over 1,900 students and students are allowed to leave with a note from a parent. The school is not a fortress. The student involved in this case was generally a good student and not a truant. The general standard of protection in this case is that “a public school, at least through its high school level, undoubtedly owes a general duty of supervision to the students placed within its care. This duty is based on the school’s standing partially in place of the student’s parents. Mandatory schooling has forced parents into relying on teachers to protect children during school activity. While Florida recognizes a general duty of supervision, a school has no duty to supervise ‘all movements of all pupils all the time’. Rupp v. Bryant, 417 So. 2d 658 (Fla. 1982).

In the case at hand, the court held that the school did not have a duty to protect these high school students. The court held that high school students are and should be treated differently than elementary students and thus, the level of protection of making sure that they, the high school students, did not leave school grounds, was different than if this had been an elementary student. Further, the court held that the school board also had no duty and that sovereign immunity protected the school board as to their discretionary planning on parking permits, student parking, and penalties for students breaches of school attendance and perking rules.

If you have a similar scenario that you would like to find out the answers to, please call and speak to either attorney Andrew S. Alitowski or William Ryan Moore at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.

If you are injured…Ask Andrew!!!

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In September of 2007, a man brought a lawsuit against his former catholic high school claiming sexual abuse for acts that were committed against him over 30 years ago. The court threw out the case because he did not file it within the applicable statute of limitations. Further, the court determined that there were no valid reasons for the delay in filing. A valid reason could have been brought in the form of an equitable estoppel claim. In asserting an equitable estoppel claim, the plaintiff must show that the defendant in some manner must have engaged in wrongful conduct which would have induced plaintiff into forbearing suit within the applicable limitations period; so as to toll the statute of limitations. In this case there was no proof that the catholic high school did anything wrong or obstructed the man from bringing suit within the applicable statute time. Accordingly, the plaintiff’s case was dismissed with prejudice.

If you have a similar scenario that you would like to find out the answers to, please call and speak to injury attorneys Andrew S. Alitowski & William Ryan Moore at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.

If you are injured…Ask Andrew!!!

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SUNRISE – In a one-car accident on October 23, Irving Liss, an 88-year-old resident of Sunrise, drove his car into a Sunrise Lakes condominium. Mr. Liss had been notified earlier in October by the Florida Department of Highway Safety and Motor Vehicles that his driver’s license was revoked. His license had already been suspended in 2006 because he had failed his driver’s examination.

Liss’ 83-year-old wife, Estelle, was a passenger in the car when Liss drove their blue Chrysler 300 sedan into their designated parking space in the condominium lot. Liss then lost control of the vehicle, jumping the curb and knocking down two balcony supports. Mr. Liss told police that his leg had fallen asleep, which may have caused his foot to press the gas pedal rather than the brake.

The damage created an unsafe condition at the building, causing nine units to be ordered evacuated by the Sunrise Fire-Rescue Department. The American Red Cross offered emergency assistance to the displaced residents.

Firefighters stabilized the balcony with temporary steel supports from the first to second floors. The three-story condominium is located at 8880 Sunrise Lakes Blvd. and contains 36 units. It was unknown how long it would take to repair the building or how long before residents would be able to move back into their condos.

No serious injuries were reported, but Liss and his wife were taken to Westside Regional Hospital where they were treated for minor personal injuries. Charges against Mr. Liss are pending.

Continue reading "Elderly Man Drives into Building in Sunrise, Florida Auto Accident" »

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PALM COAST – Samantha Jo Schleh, 19, of Palm Coast, suffered fatal injuries in an auto accident on October 25 while trying to assist her roommate’s injured dog. Schleh was attempting to direct traffic away from the dog on State Road A1A near Mala Compra Drive. The dog had been hit by a car minutes before. Around 9:00 p.m, Charles T. Crowe, 50, also of Palm Coast, struck Schleh with his vehicle on the dark stretch of road which contained no streetlights, according to Florida Highway Patrol officials.

Michael H. Griffin, 23, was standing in the road with Schleh and was clipped by Crowe’s vehicle before Schleh was hit. Schleh was pronounced dead at Florida Hospital Flagler, while Griffin suffered only minor injuries and was treated and released.

Crowe, who also suffered minor injuries, stopped at the scene, and no charges were filed against him. He told troopers that he could not see Schleh or Griffin as he approached them on the road.

The Florida Highway Patrol did not indicate whether the dog survived. Schleh’s relatives said she was an avid animal lover. She is survived by her mother and three siblings who live in Grand Rapids, Michigan.

Personal injuries due to automobile accidents are among the practice areas represented by Alitowski & Moore, P.A. If you have been injured in an accident, contact a Broward County/Dade County/Palm Beach Injury Attorney/Lawyer, and find out if you could be eligible to receive monetary damages. Offices are located in Broward County, Miami Dade, and Palm Beach.

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This year, five states, including Florida, altered their procedures regarding driver’s license renewal cycles for older drivers. This is of significant concern to accident attorneys as it exemplifies the increasing risks posed by drivers with diminished faculties on South Florida highways. Broward County, in particular, has experienced a drastic increase in auto negligence cases that involved elderly drivers over the last decade which has resulted in even more injury claims. As a result, effective October 1, 2008, Florida increased the renewal cycle from 6 to 8 years for drivers under the age of 80 but instituted an accelerated renewal cycle of just 6 years for drivers aged 80 and over. Statistics gathered over a significant period of time will determine if the amendment will prevent auto accidents and personal injuries on the road.

The change in the law means that when drivers turn 80, their driver’s licenses cannot be renewed by mail or online. The drivers must appear in person at the driver’s license office or a licensed physician’s office and pass a vision test. Licensing agencies have the authority, however, to deny a license to anyone of any age who appears to be unfit to drive.

The change may prevent some older drivers from trying to renew their licenses out of fear that they cannot pass a vision test. The Insurance Institute for Highway Safety conducted a study which indicated that 7% of elderly drivers in Florida would no longer be able to renew their driver’s licenses as a result of the new requirement.

A study conducted by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety found that nationwide, drivers over the age of 65 are involved in more fatal car accidents than drivers under the age of 65. The numbers increase for drivers between the ages of 75 and 84, equaling the death rate of teen drivers. Drivers over the age of 85, however, are four times more likely to be involved in a fatal automobile accident than teenagers.

The states may be preparing for the reality that there will be increasing numbers of older drivers on the road, according to the U.S. Census Bureau. In fact, the numbers are projected to increase by 73% by the year 2030, and the Census Bureau predicts that 25% of fatal car accidents by that time will involve drivers over the age of 65.

Continue reading "Florida Among States Increasing License Renewal Cycles for Older Drivers" »

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LAKELAND – The day after he was crowned “Homecoming Lord,” Alejandro Solis, a student at the University of South Florida Polytechnic, died from personal injuries sustained in an automobile accident. Solis was 23 years old and engaged to be married to Priscella Ybarra, 22.

The freak accident occurred on October 19 on Highway 17 in Bowling Green at about 3:00 a.m. After the homecoming celebration at Raymond James Stadium, Solis and Ybarra went to a restaurant and a club with friends. Ybarra was behind the wheel of their Ford Explorer, and when she stopped to drop off some of their passengers, Solis exited a rear door of the vehicle, apparently fell, and struck his head on the pavement. Ybarra is uncertain exactly what happened, but Solis suffered a skull fracture and passed away later at the hospital.

Solis was a senior set to graduate in December with a double major in finance and management. He and Ybarra were the parents of two young sons, Alejandro Isaiah, 4, and Seann Alejandro, 11 months. Besides winning the homecoming title, Solis was awarded “Outstanding Senior” for community service and academic excellence. He was also an intern at Allen & Company, an investment firm in Lakeland.

Solis had been drinking, although results of a toxicology report are unknown at this time. Ybarra, who is the mother of Solis’ two children, was the designated driver. The funeral was held October 25 at Robarts Family Funeral Home in Wauchula.

Personal injuries due to automobile accidents are among the practice areas represented by Alitowski & Moore, P.A. If you have been injured in an accident, contact a Broward County/Dade County/Palm Beach Injury Attorney/Lawyer, and find out if you could be eligible to receive monetary damages. Offices are located in Broward County, Miami Dade, and Palm Beach.

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The Insurance Institute for Highway Safety (IIHS) conducts studies and reports on auto accidents and applicable laws in U.S. states. A recent report released by the organization calls on states to raise the legal driving from age 16 to 17. The study revealed that teenagers who receive new licenses at the ages of 17 or 18 are less likely to have accidents than 16-year-olds with new licenses.

The number of crashes suffered by 16-year-old drivers is ten times higher than the number of crashes experienced by drivers between the ages of 30 and 59. More than 5,000 teenagers die in car accidents annually in the United States. In Florida, car accidents are believed to be the leading cause of teen deaths. According to the Florida Department of Motor Vehicles, drivers between the ages of 15 and 19 have the highest rate of crashes and the highest number of driver fatalities.

Some Florida driving school instructors believe that teenagers are in more accidents simply due to their lack of experience, while the IIHS sites the lower number of accidents among teens in the state of New Jersey, which is the only state in the U.S. that has raised the legal driving age to 17.

The highest number of accidents in Florida, however, involves drivers who are 18 or 19 years old. The IIHS believes this is because of the state’s graduated licensing system, which restricts the number of hours younger drivers can be on the road. As a result, drivers who are 16 or 17 are often driving with their parents. Teen auto accidents in Florida were reduced by 23 percent when graduated licensing began in 1996.

Nevertheless, the IIHS believes that car accidents in Florida could be further reduced if a law which increased the driving age to 17 was combined with the extra safety provisions in place regarding learner’s permits, restricted driving hours, and the necessity of 50 hours of experience driving with an adult before a driver’s license is granted.

Continue reading "Should Florida's Driving Age Be Raised?" »

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TRENTON – A wildfire between Trenton and Bell caused smoke conditions which led to several car accidents Friday, October 17. The smoke, coupled with fog, made it necessary to close area roads last weekend due to zero visibility.

One of the accidents involved David Turner, a Gilchrist County Sheriff, who had never had an accident in his 33 years with the Sheriff’s office. His record was shattered when he was rear-ended by another vehicle despite the fact that the roads had been closed. A woman apparently pulled onto the road from a side road and did not see Turner’s car. Turner will be eligible to retire from the Sheriff’s office in just 78 days.

Fire departments, emergency crews, and highway patrol personnel remained in the area to detour traffic and attend to those who were involved in the accidents. No names or details of those crashes have as yet been released. A man reported that he believed his wife’s car had broken down in the area, and police searched for her on Friday. The results of that search are unknown.

An official from the Florida Division of Forestry said that firefighters had been attempting to put out the blaze since Sunday, October 12. It is believed that the fire began in a bay as a result of lightning and spread over a 100-acre area south of County Road 232 and east of US 129. While the area can only be reached via logging trails, the smoke, combined with the fog that is common this time of year, quickly created poor visibility on the nearby roads.

Personal injuries due to automobile accidents are among the practice areas represented by Alitowski & Moore, P.A. If you have been injured in an accident, contact a Broward County/Dade County/Palm Beach Injury Attorney/Lawyer, and find out if you could be eligible to receive monetary damages. Offices are located in Broward County, Miami Dade, and Palm Beach.

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LAKE WORTH – Five were killed and three were injured in a car accident on Florida’s Turnpike near the Lake Worth service plaza just south of Southern Boulevard on Friday, October 17 around 11:30 p.m. The single vehicle accident was the result of a rear tire which blew, causing the driver, Moline Etienne, 23, to lose control of the 2000 Ford Expedition. The SUV flipped over and stopped in an upside down position in a deep canal.

The deceased include three children – Natayel Meyer, 10, Malesha Louis, 5, and Roodandray Louis, 3. The driver, Etienne, and another passenger, Shelley Peters, 30, were the other two killed in the accident. None of the children were in safety seats, and not all passengers were wearing seat belts. Roodandray’s body wasn’t found until the next morning by Palm Beach County Fire Rescue firefighters and divers who searched the canal and shoulder of the road as long as possible before suspending the search until morning.

The remaining three passengers were taken to Delray Medical Center for treatment. Gina Merceron, 41, the car’s owner and a certified nursing assistant, was treated for a minor eye injury and released the next day. Shadrack Gustave, 6, is said to be in serious condition, while Enichka Maurice, 15, is in satisfactory condition.

The group began in Orlando and was on their way to Fort Lauderdale.

Some lawsuits have been filed against Ford Motors, blaming the design of the 2000 Ford Expedition for rollover accidents. The arguments have pointed to the top-heavy design, as well as insufficient door latches and safety glass. Neither the vehicle nor the tire is under recall, however.

Continue reading "Five Dead in Lake Worth, Florida Car Accident" »

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