South Florida Personal Injury Blog

Several years ago, personal injury tobacco lawsuits swept the nation, including south Florida. Personal injury lawyers representing victims of tobacco-related illnesses brought lawsuits across the country, winning huge verdicts from the tobacco companies. The Florida tobacco case was originally a class action filed by personal injury attorneys on behalf of approximately 700,000 Floridians who had alleged injury by Big Tobacco. The victims sued for their own deteriorating health conditions or for the wrongful death of their loved ones who perished due to tobacco-related illnesses. At the trial level, the Floridians won the largest award in United States history: $149 billion in punitive damages, in addition to nearly $14 million in compensatory damages to class representatives. The Florida Supreme Court ruled on appeal, however, that the case should never have been a class action. The ruling left only one year for the Florida plaintiffs to file individual cases, but personal injury attorneys believe that the conditions for individual cases are extremely favorable. The jury findings on the tobacco companies’ liability related to the hazardous health effects of smoking was allowed to stand for each case litigated by the original personal injury attorneys in the class action. Under the new rules, many of the Florida cases were refiled by the plaintiffs’ personal injury attorneys. Some plaintiffs have elected to litigate their cases in federal court rather than at the state level.

The first new trial began in Broward County this week with jury selection by the plaintiff’s personal injury attorney and the tobacco companies’ defense team. The jury will hear opening statements beginning on Monday and the circuit court judge has insisted that the trial end by December 19, refusing to reconvene the court in the new year. Personal injury attorneys familiar with the case had planned on a short, streamlined process in the wake of the Florida Supreme Court ruling, but this case is anticipated to take several weeks.

The Broward County plaintiff is Elaine Hess, who is suing for the wrongful death of her husband, Stuart. The couple was married for over thirty years and resided in south Florida. Ms. Hess and her personal injury lawyer will first have to prove that she was part of the class of litigants to whom the Florida Supreme Court decision applies. The jury will have to determine the answers to two questions. First, was Stuart Hess addicted to cigarettes? If he was addicted, did that addiction lead to his death?

The personal injury lawyers working on behalf of the plaintiffs in this Broward County case believe the answer to both of those questions is yes, although the defense team plans to argue that Mr. Hess continued smoking despite his awareness of its effect on his health.

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Jurors in southern Palm Beach County, Florida returned a personal injury verdict in the amount of $27 million for a teenage girl who was sexually abused by a family friend. On November 4, the Boca Raton jury awarded the girl $7 million in her personal injury case for mental anguish and $20 million in punitive damages. The girl was fondled by the man, Pratak Siriwat of Delray Beach, while he taught her guitar lessons in his home in 2004. The south Florida girl, whose name is not being printed due to her age, is now 16.

According to her south Florida personal injury lawyer, the girl suffered significant emotional damage. Siriwat denied responsibility throughout the trial. The verdict in the victim’s favor was “therapeutic” because it is a public recognition of the harm the former family friend caused her. The victim believes that this acknowledgement of the harm inflicted will allow her to move on with her life. Boca Raton police investigated the allegations of sexual abuse and the Palm Beach County State Attorney’s Office initially filed charged, but the criminal charged were later dropped. As a result, Siriwat faced a civil jury in the victim’s personal injury case, but was not subject to criminal penalties. There is not yet any information on whether or not Siliwat plans to file an appeal in this case to challenge the finding or the large verdict.

Situations in which victims can win personal injury lawsuits without a criminal verdict, despite allegations of criminal behavior, are fairly common. This case is similar to the famous O.J. Simpson case, in which Simpson was acquitted of criminal charges related to the murder of his Nicole Brown Simpson, his ex-wife, and Ronald Goldman. The jury in that case did not find that the prosecution proved the case beyond a reasonable doubt, which requires a very high degree of proof. However, Simpson later lost a civil case filed by the Goldman family arising from the same matter. The Goldmans were awarded $8.5 million in compensatory damages for the wrongful death of Ronald Goldman. Discrepancies like these can occur because the standard in civil cases is much lower than in criminal. The plaintiff must only prove that he was injured and that the defendant was responsible for his damages by a preponderance of the evidence, which is generally interpreted to mean ‘more likely than not.’ It was easier, then, for the Goldman family to show that O.J. Simpson was liable than it was for the prosecutors to demonstrate that Simpson was criminally culpable.

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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.

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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.

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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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