South Florida Personal Injury Blog

A hospital in Stuart, Florida was sued recently by a patient’s guardian, says Fort Lauderdale personal injury attorney Andrew Alitowski. Luis Jimenez is a 37-year-old man from Guatemala who arrived in the United States without legal immigration status. He worked as a day laborer and, like many immigrants, sent a portion of his wages to his family at home. In 2000, however, everything changed, Broward injury lawyer Alitowski has learned. Jimenez was riding in a van that was struck by a drunk driver. He was permanently injured, requires long-term care, and has brain damage.

A cousin, Montejo Gaspar, was appointed to be his legal guardian because Jimenez was in no condition to make personal, financial, or medical decisions on his own. Further complicating the family’s problems was the issue of how to pay the looming medical bills. Jimenez lacked both health insurance, a common problem among young, healthy workers in general, but because he did not have immigration status, he was ineligible to receive funds from government programs designed to ease the burden on hospitals that must provide emergency care. Jimenez bounced between facilities, but spent the bulk of his time at Martin Memori al Hospital. There, the doctors and nurses attempted to rehabilitate him as much as possible. Now, Jimenez reportedly has the cognitive skills of a nine-year-old.

Ultimately, the hospital concluded that it was simply unwilling to continue providing care to Jimenez. Over the objections of Gaspar, the hospital sent Jimenez back to Guatemala in a private plane, which was chartered at a cost of approximately $30,000. Gaspar, acting on his cousin’s behalf, was in the process of appealing a court order that allowed the move. He did not consent to his brother’s transport. Gaspar won the appeal, because a state court does not have the authority to make decisions on immigration matters. His cousin, however, was already in Guatemala.

The hospital acted without going through the traditional means of “deportation,” or removal from this country, says Broward accident lawyer Alitowski. The federal government has a system of immigration courts, which are designed to deport undocumented immigrants who have no claim to stay in the United States. However, the immigrants who come before the immigration courts are allowed to present any reason they may have that would allow them to stay. For example, if deportation would mean tremendous hardship to a United States citizen child or if the immigrant has a viable claim for asylum because he was persecuted on the basis of his religion in his home country, the immigrant may be granted lawful status and permitted to remain in the United States. There have even been instances in which a person who had a valid claim to United States citizenship through a parent was put into deportation proceedings. In this instance, Jimenez was afforded no such opportunity to present any reason why he should be allowed to stay.

Now, Jimenez resides with his mother, who is 73 years old, in a home with one room high in the mountains. Her home is 12 hours from the Guatemalan capital and Gaspar believes medical care there will be insufficient. He sued the hospital on his cousin’s behalf, seeking damages for false imprisonment. The six-member jury panel declined to award damages.

Continue reading "Fort Lauderdale Injury Attorney – Florida Hospital “Deports” Patient Over Guardian’s Objections" »

Recently, this blog by Fort Lauderdale injury attorney Andrew Alitowski reported on the problems associated with the over-the-counter cold medicine Zicam, for which the Food and Drug Administration has issued a stringent warning. Zicam Cold Remedy Gel apparently causes some users to experience partial or full loss of their ability to smell – and the damage is likely to be permanent. Matrixx Company, which manufactures the product, has recalled both the Zicam Cold Remedy Gel and the Zicam Cold Remedy Gel Swabs. The other Zicam products with similar functions have remained available for consumer purchase. Nonetheless, consumers may have become weary of the Zicam brand name after the issues regarding sense of smell injuries surfaced.

Now, personal injury lawsuits against the drug maker are popping up in south Florida, including Miami-Dade and Palm Beach Counties, says Broward personal injury lawyer Alitowski. A married couple in Coral Gables is suing Matrixx after the wife, Katherine Jane Rhodes, allegedly lost her ability to smell following the use of the product. They are also suing CVS Pharmacy, where Rhodes purchased the over-the-counter cold treatment. In some cases, product liability law allows plaintiffs to recover from not only the manufacturer but also the distributor or business that sells the faulty or defective product to the public. A suit has also been filed on behalf of company shareholders, although that lawsuit was filed in Arizona.

Matrixx Corporation has also come out against the FDA warning, possibly in an effort to stave off more personal injury plaintiffs, says Fort Lauderdale accident lawyer Andrew Alitowski. The company has stated that it “vigorously disagrees” with the warning and allegations by the FDA that the drugs were marketed in violation of the law. The company also maintains that its products are safe and insists that it is participating in the recall at the request of the FDA and not because it believes consumers are exposed to dangers by using the cold medicine. The corporation has also stated that it is complying with FDA regulators, including supplying information the federal agency has requested.

Continue reading "Fort Lauderdale Injury Attorney – Zicam Follow-Up" »

Fort Lauderdale injury attorney Andrew Alitowski follows personal injury lawsuits throughout the country. Although rules vary slightly from one jurisdiction to another and from state to state, judges all across the United States are expected to recuse themselves from hearing cases in which they cannot be impartial or for which their interests could appear to affect their propriety or their impartiality. For example, judges cannot hear cases in which they have a personal or financial interest in the outcome.

Approximately 550 residents of a small West Virginia coal-mining town have sued Massey Corporation for injecting large quantities of “slurry,” the liquid substance produced as a result of mining the coal, into aged and abandoned coal mines in their town during 1978 through 1987. During this period, nearly one and a half billion gallons of the slurry fluid was poured into the old coal mines in the community. Slurry is the waste product that is produced when freshly-mined coal is cleaned in order to burn better. The residents allege that the slurry seeped into groundwater and aquifers in the area, polluting their water and causing them injury, says Broward personal injury lawyer Alitowski. Specifically, they claim to have experienced developmental problems and an increased incidence of cancer as a result of their exposure to the slurry.

Massey officials have insisted that the practice was legal and that they are not responsible for any injuries to the plaintiffs, Fort Lauderdale accident attorney Alitowski has learned. The Associated Press has reported that the judge presiding over the potentially multimillion dollar case is being accused of inappropriate financial and personal ties to the coal company. The plaintiffs’ attorneys have asked the judge to step down in a recent court filing, insisting that the judge cannot be an impartial arbiter of the case.

Mingo County Circuit Court Judge Michael Thornsbury has been accused of a close personal friendship with the CEO of Massey Corporation, even protecting him from testifying about the slurry injections he ordered, and having lunch with him after negotiations with the plaintiffs. Judge Thornsbury has also allegedly tried to improperly persuade the plaintiffs to settle, put a friend in charge of the medical fund established for the plaintiffs (with generous compensation), engaged in out-of-court “ex parte” communications with attorneys for Massey, tricked plaintiffs into waiving their right to seek repayment of legal fees, and generally fostered “an atmosphere of bias that has permeated all levels of court personnel."

Whether the allegations will stick is not yet clear; however, if true, they represent judicial misconduct that threatens the rights of plaintiffs who may already be facing serious injuries.

Continue reading "Judge Asked to Recuse Himself in Coal Injury Lawsuit" »

Fort Lauderdale plaintiff’s attorney Andrew Alitowski is taking note of the eventful day at the Broward County Courthouse. First of all, a Broward County jury began deliberating in a high-profile personal injury lawsuit against a tobacco company. Elaine Hess is suing cigarette maker Philip Morris for the wrongful death of her husband, Stuart Hess. Stuart succumbed to lung cancer in 1997 when he was only 55. He has been described as a local Cooper City locksmith who cared deeply for his family. His widow contends that despite his many efforts to cease smoking, Stuart was unable to do so due to the addictive nature of tobacco. Philip Morris claims that Stuart could have stopped smoking cigarettes at any time.

Elaine Hess and her personal injury lawyer have been seeking justice in Broward County for years. Originally, Elaine brought her claim as part of a massive tobacco class action suit. A local jury awarded the 700,000 plaintiffs the largest civil suit damages in American history. Unfortunately, the Florida Supreme Court determined in 2006 that the case should not have been filed as a class action suit, forcing each plaintiff to wait even longer. The Hess trial is the first individual suit to go to trial. At this point in time, an additional 8,000 tobacco cases are pending, creating a tremendous strain on the Florida judicial system as courts try to fit them all onto their schedules. Plaintiffs had just one year after the ruling to file their individual lawsuits after determining that the class action lawsuit against Big Tobacco was invalid.

Fort Lauderdale personal injury lawyers Alitowski and Moore believe the delay is troublesome for families coping with relatives’ deaths, ongoing illnesses, and medical expenses. Each case will probably take years to go through appeals.

Fort Lauderdale personal injury lawyer Andrew Alitowski located an informative video on the dangers of smoking cigarettes. The researcher in this video details some of the many chemicals contained in cigarettes, such as formaldehyde, and demonstrates the effect of breathing in cigarette smoke. According to the video, the average smoker can expect to lose 16 years from his life compared to someone who does not smoke cigarettes:

Interestingly, the following video also shows the health effects of smoking on actual body parts. Particularly sensitive people should probably not watch the video:

In other Broward County courthouse news today, the building has flooded again. The frequency with which such disasters are hitting the troubled courthouse has become an issue in Fort Lauderdale. Early this morning, an eighth floor bathroom sprung a substantial leak. The flood closed at least one county office situated in the courthouse and delayed child support hearings in the building. Broward officials said that carpet and ceiling tiles in the area of the leak were damaged beyond repair, although the leak was far less severe than the December flood that destroyed large amounts of paperwork and flooded several floors.

Continue reading "Fort Lauderdale Personal Injury Lawyer – Today’s News at the Broward County Courthouse" »

West Palm Beach accident attorney Andrew Alitowski has learned of a problematic situation affecting the Palm Beach County Courthouse in downtown West Palm Beach this morning. At about 10:00 this morning, the courthouse completely lost power, leaving a lot of people in the dark. The regular courthouse functions ceased completely due to the lack of light. The Palm Beach County Courthouse is home to several different types of activities, including civil and criminal hearings and trials, as well as county responsibilities such as the issuance of marriage licenses.

Additionally, the West Palm Beach City Commissioners were meeting when they lost power. Although they typically record their meetings, they elected to continue rather than disband, relying on notes of the meeting. The Commissioners meet on the twelfth floor of the city hall building.

The Palm Beach County Courthouse can be seen in this local police civil disobedience training video:

Other government buildings were affected, including the West Palm Beach City Hall. Likewise, the Palm Beach County Office of the Public Defender, as well as the State Attorney’s Office in the same building, lost power at their location across the street from the courthouse.

Lawyers, judges, plaintiffs, and defendants of every kind poured out of the courthouse. Non-essential employees were advised to depart using the staircases, as elevators are out of service during a power outage. People could not leave the area because the electronic arms, which raise or lower to allow entry and exit into the parking garages, were stuck in the down position. As a result, many people headed to Clematis Street for coffee and to find something to do in until power was restored.

The courthouse administrator, Rick Hussey, said that many people evacuating the courthouse lit the way with light from their cell phones. The courthouse’s 22 courtrooms with electronic equipment to record hearings and trials will have to be rebooted upon the restoration of power. Florida Power and Light reported that they experienced equipment failure that led to the loss of power for about 3,000 customers, including the government buildings and area businesses. The primary area affected in West Palm Beach was north of Okeechobee Boulevard and east of Australian Avenue. A spokesperson for Florida Power and Light indicated that the company is still investigating what led to the equipment failure, but that they were able to restore electric service about 45 minutes following the outage. The offices of Palm Beach personal injury attorney Andrew Alitowski was not affected.

Continue reading "Palm Beach Accident Lawyer: Courthouse Loses Power, Evacuates" »

According to the South Florida Business Journal, a new study concludes that Miami-Dade/Broward/Palm Beach personal injury attorneys have been complicit in creating a “Judicial Hellhole.” The organization behind the study is the American Tort Reform Foundation, a Washington, D.C. based nonprofit advocacy group known for its annual Judicial Hellhole list. Not surprisingly, the organization is generously funded by far-right groups with a pro-business bias. The American Center for Justice responded to the list by noting that the ATRF receives its funding from "negligent corporations and industries to undermine the civil justice system." Fort Lauderdale injury lawyers Andrew Alitowski and William Moore continue to fight for the rights of the injured to achieve true fairness.

The ATRF has called the south Florida metropolitan area “a proverbial launching pad for class actions, dubious claims and novel legal theories.” The lawyer-operated American Center for Justice dismissed the Judicial Hellhole designation, saying that the list has been "widely debunked."

The ATRF and similar tort reform entities operate on the premise that the Americans litigate excessively and that jury awards are too large when compensating people who have been hurt. Unfortunately, these views fail to adequately address the problem that injured individuals deserve full and fair compensation for their injuries. Broward injury attorneys want their clients to be able to pay their medical bills, for instance.

Compensatory damages are specifically calculable figures designed to make the plaintiff as whole as possible after his injury. For example, after determining that the defendant was responsible for the injury, it will calculate damages such as medical expenses, lost wages, and disfigurement. Fort Lauderdale injury lawyers and the local judges evaluate many factors to reach an exact number. Compensatory damages allow an injured person to pay his bills and recover the basic losses he sustained from the defendant’s actions.

Punitive damages cannot be specifically calculated in the same way that lost wages are. Instead, juries and judges award them based on the gravity of the particular situation, although Florida caps the amount of punitive damages available. Nevertheless, they can serve two important purposes. First, they provide additional compensation to the plaintiff when the defendant’s behavior was so egregious that the compensatory damages are insufficient. Secondly, and very importantly, they serve a social purpose: punitive damages can seriously discourage intentionally damaging behavior. For instance, a large punitive damages award against a company that knowingly lied about putting lead in its paint will strongly discourage other paint companies from engaging in the same behavior.

Continue reading "South Florida Personal Injury Lawyer: Tort Reform “Hellhole” Designation Unfair" »

The first of the individual Broward personal injury tobacco lawsuits discussed last week has sustained a setback. The trial, which began with opening statements on Monday, was initially postponed due to a flood at the Broward courthouse in Fort Lauderdale. The trial resumed and witness testimony began, only to come to an abrupt halt yesterday when an expert witness for the plaintiff used an offensive racist term while discussing his research on race.

Elaine Hess is the widow of Stuart Hess, who was 55 at the time of his death from lung cancer. With her Fort Lauderdale personal injury lawyer, she is suing tobacco company Philip Morris for the wrongful death of her husband. Hess asserts that her husband was so addicted to cigarettes that he could not quit smoking, despite his best efforts when confronted with a life-threatening smoking-related illness.

Robert Procter, an expert witness for the plaintiff, inadvertently caused a mistrial yesterday, the second day of the trial, by using an inflammatory racist word. The expert witness was explaining his scholarly research into racism and the tobacco industry when he used the term. The plaintiff’s personal injury lawyer indicated that the research cannot be properly explained to the jury without employing that specific term because it is highly relevant to the issue of racism. Procter teaches the history of science at Stanford University.

The plaintiff’s attorney said, “[Procter] mentioned it within context of his research project, but the judge felt that the context the jury heard it within was prejudicial . . . that the jury was hearing about racism by the tobacco industry." He also indicated that the jury was racially diverse. Officials for Philip Morris, the tobacco company, believed that the mistrial was the correct action for the judge to take. They believed that the use of the racial slur was so inflammatory, regardless of the context, that the jury would be unable to remain impartial when evaluating the facts. The tobacco company conceded in its opening statement that cigarettes can be addictive, but it was up to the jury in this case to determine whether or not Mr. Hess was addicted to cigarettes.

Since the Florida Supreme Court ruled last year that the tobacco personal injury lawsuits in the state should be heard individually, rather than as a class action suit, thousands of plaintiffs across the state have filed their case against Big Tobacco. Of those, 122 have been filed in the circuit court in Broward County. To date, 165 personal injury tobacco cases have been filed in Palm Beach County.

The original tobacco personal injury lawsuit was filed in Miami-Dade County and resulted in an award of $150 billion, the largest verdict in U.S. history. The plaintiffs were approximately 700,000 Floridians who alleged injuries caused by the tobacco companies and their products.

Continue reading "Broward Personal Injury Lawyer Follow Up: First Fort Lauderdale Tobacco Case Ends in Mistrial" »

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.

Continue reading "Broward Negligence Attorneys: Broward County, Florida Personal Injury Tobacco Trial Begins" »

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.

Continue reading "Jury in Boca Raton, Palm Beach County Returns Sex Abuse Verdict" »

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.

Continue reading "Broward Negligence Lawyers: Jury Awards Asbestos Victim $3.6 Million" »

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.

Continue reading "Boca Raton, Florida Pedestrian Dead After Car Accident" »

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!!!

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!!!

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" »

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.

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" »

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.

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.

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" »

CHARLOTTE COUNTY, FLORIDA – An officer suffered serious personal injuries at about 12:30 a.m. on Monday, October 13 in a hit and run automobile accident that occurred on I-75 at mile marker 166 on the Peace River Bridge in Charlotte County.

Officer James Perrine, 24, of North Port and Lt. John Churilla, 50, stopped to assist Gerald Guadlap, who had lost control of his 2006 Mitsubishi sedan in a northbound lane and run into a guard rail on the bridge. Florida Highway Patrol has concluded that Guadlap was not drinking at the time of the accident.

The officers were off-duty at the time and on their way home from work at the Charlotte Correctional Institution. Before there was time to move the car out of the lane of traffic, a pick-up truck hit the car and then Officer Perrine. The driver did not stop, and officials are now seeking witnesses who might have seen the vehicle. The pick-up truck is believed to be a Chevrolet model, dark in color, and with new front-end damage from the collision.

Gerald Guadlap, Jr., 34, of Cape Coral, was treated at Charlotte Regional Hospital for minor injuries and released. Damages to Guadlap’s car from the two crashes have been estimated at $8,000.

Officer Perrine suffered numerous broken bones and was air-lifted to Lee Memorial Hospital, where he remains in serious condition. Perrine only became a certified officer in March of this year.

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CITRA, FLORIDA – A fatal accident Tuesday, September 23 involving a tractor-trailer and a school bus resulted in the death of 13-year old student, Frances Margay Schee. The accident occurred on U.S. Highway 301 in Marion County when the truck rear-ended the school bus, causing both vehicles to catch fire. Six students were injured, but none with life-threatening injuries. Both drivers were also treated for minor injuries at nearby hospitals.

According to Jim Yancey, the Marion County Superintendent of Schools, witnesses to the accident rescued children from the burning bus, which was carrying 20 passengers at the time of the accident. The deceased was a student at North Marion Middle School, and all of the surviving children have been accounted for.

The Florida Highway Patrol says that the investigation into the collision could take as much as 30 days to complete. According to FHP spokesman Lt. Patrick Riordan, the investigation will include interviews, photographs and measurements from the accident scene, and blood samples from the drivers, as well as an examination of the truck operator’s driving record. The 18-wheeler carries the emblem of CSX, a company based in Jacksonville.

Assistant State Attorney Rock Hooker has discussed the accident with the FHP officials who are conducting the investigation and was set to meet with them on Friday, September 26.

A preliminary report states that the driver of the truck, Reinaldo A. Gonzalez, 30, of Orlando, was talking on a cellular phone prior to the crash. The report also mentions potential problems with the truck’s air brakes. No charges have as yet been filed, however.

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