Articles Posted in Orange County

A tenant is suing an Orlando apartment complex owner, alleging negligent infliction of emotional distress on the plaintiff due to a sexual assault.

The woman filed a complaint Dec. 6 in Orange County Circuit Court against the owners of an apartment complex, alleging the property controllers negligently failed to maintain a safe environment for its tenants.

According to the complaint, on May 31, 2017, the woman was legally in her apartment unit in Orlando when when an unknown man opened a damaged/broken sliding glass door while she was sleeping. The suit says the woman was attacked and sexually assaulted, leading to severe physical and mental trauma, plus continuing medical expenses.

The woman says the property owners failed to repair a damaged/broken glass sliding door despite numerous complaints and failed to install adequate security cameras.

There are terrible incidents of  sexual assaults, muggings and other violent crimes that happen in apartments and other public places. Sadly, many of these incidents occur because of inadequate or negligent security. The law requires property owners to take the necessary steps to ensure a safe environment for anyone who is on the property. This includes hiring security, placing security cameras, installing locks, repairing broken/damaged property conditions, and more. A property owner has a legal obligation to protect people against known dangers.

Many victims of violent crimes suffer emotional and mental injuries that far outlive their physical injuries.  Victims may suffer from significant depression and post traumatic stress disorders that leave them unable to resume their daily routines and activities for extended periods of time.  Because of this, it is imperative that any person who was the victim of a violent attack due to a property owner’s negligence gets the legal help they need before the statute of limitations expires.

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More than a dozen people were taken to a hospital after two Disney World buses crashed into each other Tuesday at the entrance to Epcot’s parking lot, according to the Florida Highway Patrol.

The crash happened just before 10 a.m. A Disney bus driven by a 21-year-old failed to stop and rear-ended a Disney bus driven by a 62-year-old near a tollbooth on Epcot Center Drive, according to an FHP report.

According to authorities, 51 passengers were on the bus that was hit. Fourteen were taken to a hospital with minor injuries, police confirmed.

The driver of the bus that failed to stop was ticketed for careless driving, according to an FHP report.

Neither driver was injured.

When you are driving on any type of road, or riding as a passenger, you are trusting that everyone on the road will follow the laws and operate their vehicles with caution. However, that is not always the case. Sometimes, drivers get careless with the way they maneuver their vehicles. Careless driver accidents can result in serious injuries and damage, possibly even wrongful death.

Once you have recovered from the shock and pain of your injuries, obtaining legal representation can help you financially recover after an auto accident caused by a reckless or careless driver. Seeking legal help from Whittel & Melton is one of the first steps to returning to your normal life after the accident. In preparation for your lawsuit, it is important to collect:

  • Information about the accident
  • Medical records and bills
  • Wage loss information
  • Pictures of injuries

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A Florida woman is suing Texas Roadhouse Inc., a national chain, after she slipped and fell down at one of the barbecue restaurants in Orlando.

The woman filed a complaint on Nov. 8, in the 9th Judicial Circuit Court for Orange County, alleging that the restaurant failed to keep the premises safe.

She alleges that she slipped and fell down on a wet or slippery substance on the floor while at the Texas Roadhouse. She suffered injuries that resulted in pain, disability, disfigurement and scarring. She also has suffered mental anguish and lost enjoyment in life. She incurred medical costs and lost income as a result of the accident.

She holds Texas Roadhouse responsible because the restaurant failed to follow its own corporate policies regarding the dangerous condition, failed to have adequate staff on duty and/or assigned to the task of inspecting and maintaining the premises, and failed to provide warning signs of debris and/or a slippery substances.

Restaurants have basic duties that are owed to customers they invite onto their premises. A restaurant must ensure that the property is inspected regularly to identify whether there are any hazardous or dangerous conditions that could cause an accident to occur. Things like slippery floors, uneven tiles, broken stairs or railings and other unsafe conditions must be corrected or at least have warnings that are visible to guests so that they can avoid the unsafe area.

If there are not adequate warnings, and if dangerous conditions are the direct cause of an accident, a slip and fall victim can pursue a claim for financial compensation. Restaurants can be held accountable for any injuries that can be traced back to their negligence. The restaurant can be held responsible for costs associated with medical care and treatments, missed time from work, lost wages or loss of earning potential. Victims may also be able to recover non-economic damages as well, including pain and suffering and mental anguish.

Our Florida Slip & Fall Injury Attorneys at Whittel & Melton can provide assistance if you have been injured in a slip and fall accident at any restaurant or other premise. We can mount a strong case on your behalf with the hopes of recovering maximum monetary compensation for your slip and fall injury claim.

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A 3-year-old is in critical condition after being shot in the head during a road rage incident.

Port St. Lucie police say the toddler is a victim of a shooting incited by road rage. The child was airlifted to St. Mary’s Hospital in critical condition.

Police say the incident happened at 1000 Southeast Bywood Drive around 2 a.m on Sunday.

Most car, truck and motorcycle accidents are just that – accidents. However, sometimes deliberate acts of drivers cause collisions. Drivers in the Orlando area should be familiar with the term road rage, as it is to blame for numerous unnecessary and avoidable crashes.

There are multiple signs of road rage, including:

  • Tailgating another driver
  • Deliberate acceleration or deceleration too close to another vehicle
  • Cutting-off of another vehicle
  • Slamming on brakes in front of another car
  • Unsafe lane changes
  • Constant honking of horn
  • Displaying inappropriate hand signals or yelling at another driver

Road rage and aggressive driving contribute to hundreds of accidents every year. Sadly, innocent victims can get in the way of a driver’s road rage, as this case shows. If you find yourself caught in the midst of a road rage incident, the best thing you can do is allow the other driver as much space as possible in order to avoid an unnecessary collision. If at all possible, get out of the way of aggressive driver so that you can protect yourself and your passengers.

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A barback/bartender has filed a class action lawsuit against a hotel, alleging breach of an employment contract for unpaid wages.

The man, on his own behalf and on behalf of those similarly situated, filed a complaint Sept. 20 in Orange County Circuit Court against Rosen Hotels and Resorts Inc., alleging violation of the Fair Labor Standards Act.

According to the complaint, between June 2015 and April 2018, the man worked for Rosen and was paid by an hourly rate. He alleges he and his class of employees were full-time employees and typically worked 40 to 50 hours per week.

However, the suit says, the man and his class were paid incorrectly as they were not compensated at a rate of one and one half full minimum wage for all hours worked beyond 40 per week, less the tip credit. He alleges Rosen Hotels and Resorts failed to compensate employees properly for hours worked in excess of 40 in a workweek as required by the FLSA.

There are many regulations for wages and hours specified in both federal laws and Florida state laws. If you believe you are not being paid the overtime you deserve, consult with our knowledgeable Orlando Unpaid Wage & Overtime Attorneys at Whittel & Melton about your rights. You may find that there are many more employees at your company who are experiencing the same overtime wage deficits. If so, we can file a class action lawsuit to help you get justice.

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A diner is suing Tijuana Flats Inc., claiming she injured herself at the restaurant after tripping and falling on mats that were overlapping and caused a dangerous condition.


The woman filed a complaint on Aug. 15 in Orange County against Tijuana Flats Inc., alleging that the restaurant breached its duty to exercise reasonable care by allowing mats inside its store to overlap and create a trip hazard.

She claims she sustained injury resulting in pain, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care.

The lawsuit holds Tijuana Flats, Inc. responsible, because the restaurant allegedly failed to correct a dangerous condition and failed to install, maintain, and provide safe flooring surfaces on its premises.

When you slip and fall or trip and fall at a restaurant, it’s not only embarrassing, but you could suffer from injuries that affect your ability to work and that require extensive medical treatment. If a slip and fall or trip and fall accidents was the result of negligence by the restaurant, you could be entitled to financial compensation to cover the costs of your doctor and hospital bills, lost income, and any other costs related to the injury.

Restaurant slip and falls and trip and falls are actually quite common injuries that can cause serious harm. Victims may suffer broken bones, back injuries, fractures and head injuries. If you have suffered injuries in an Orlando restaurant, you should make sure you have someone representing your interests. At Whittel & Melton, we protect the rights of injury victims who have suffered due to someone else’s negligence. We take these cases on a contingency basis, meaning that if you do not recover damages, you do not owe us for any legal fees.

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A mother is suing duck boat operators, alleging negligence caused serious injuries to her child.

The woman filed a complaint July 30 in Orange County Circuit Court against Ripley Entertainment Inc., alleging the duck boat operator failed to provide for the safety of the its passengers.

According to the complaint, on July 19, 17 people were killed and several others were injured when the duck boat sank in a Missouri lake. The suit says the child sustained severe injuries that resulted in physical pain and suffering, disability, discomfort, mental anguish, distress and other medical problems.

The lawsuit alleges that the boat was taken out on the water despite knowing about impending rough weather and that Ripley Entertainment was further aware through prior inspections that the duck boat was not fit for voyages in such weather.

The mother alleges Ripley Entertainment, based in Orlando, failed to properly supervise their crew, failed to provide adequate safety equipment and failed to properly monitor the weather.

At least two other lawsuits have been filed on behalf of persons who died as a result of the mishap.

Failure of the boat operator to act using reasonable care is considered negligence when it comes to boating accidents. Negligence is often the result of piloting the boat recklessly or not taking necessary precautions.

Because the circumstances behind every boating accident are different, you need to seek legal help as soon as possible after the accident so that you can achieve the justice you deserve. Our Florida Boating Accident Attorneys at Whittel & Melton can walk you through the process of filing a personal injury or wrongful death claim.

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In order to ensure the safety of their passengers, commercial airlines must comply with a comprehensive set of federal safety standards and regulations. Because of these strict standards, travelling by air is one of the safest, most reliable modes of transportation available to the public. However, airlines, just like any person or company, can fail to live up to their duties. When they do not meet federal regulations, they place passengers at risk of being involved in a dangerous accident.

While airplane accidents are relatively uncommon, they do happen. These accidents are usually caused by errors or negligence. When an aircraft has a mishap, airline companies may typically be held liable for the damages suffered by passengers and their families.

Negligence is why a JetBlue passenger is suing the airlines in Orange County.

A woman filed a complaint Aug. 1 in Orange County Circuit Court against JetBlue Airways Corporation, alleging failure to follow applicable safety guidelines and regulations.

According to the complaint, on March 5, 2015 the woman was a passenger on JetBlue flight 158 from Florida to JFK Airport in New York. The suit says the plane landed violently, causing the woman to be thrown about.

This rough landing caused the woman to suffer serious injuries resulting in pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and/or aggravation of a previous existing condition.

The suit alleges JetBlue Airways failed to warn customers of the hazardous condition, and allowed the pilot to negligently operate the airplane.

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An Orange County man alleges he was injured at an Orlando convenience store because of a pothole in the parking lot.

The man filed a complaint on July 2 in the 9th Judicial Circuit Court of Florida – Orange County against Circle K Stores Inc. alleging negligence.

According to the complaint, the man alleges that on May 22, 2015, his foot and ankle went into a pothole, causing him to fall. He alleges he sustained bodily injuries in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, loss of earnings and medical expenses as a result of the fall.

He holds Circle K Stores Inc. responsible because they allegedly failed to repair the hazard in the parking lot or to warn visitor about it.

Potholes can pop up everywhere, and you can find them on roads, alleys, crosswalks, and parking lots. Injuries from a pothole accident can change your life in a matter of seconds.

When a pothole injury happens, you will likely have a lot of questions. Determining who is responsible will be at the top of your list. Responsibility usually rests on the property owner. However, it is not always that cut and dry, which is why you need the help of a Florida Premises Liability Lawyer at Whittel & Melton. We can help you explore your legal options and answer all of your questions.

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An Orlando couple is suing Wal-Mart, alleging loss of consortium and negligence in the injury of the wife.

The pair filed a complaint June 20 in Orange County Circuit Court against Wal-Mart Stores Inc., alleging failure to maintain its premises in a safe condition.

According to the complaint, on June 21, 2014, the woman was shopping at the Wal-Mart when an unsecured sharp corner edge metal tray at the coffee station fell and landed on her left foot, causing her to suffer injuries, impairment, disability, mental anguish, loss of enjoyment of life, loss of earnings and aggravation of a pre-existing condition.

The lawsuit alleges her husband and co-plaintiff suffered the loss of his wife’s services, companionship and consortium.

The couple alleges Wal-Mart Stores failed to provide a safe environment for shoppers, failed to warn the wife of the dangerous condition, and failed to timely repair the condition of its coffee station.

Loss of consortium pertains to the emotional, financial, and physical losses that spouses or family members experience after a negligence injury. It covers both death and personal injuries that may leave the victim without the sexual intimacy, emotional or financial support, or companionship that they had previously, and might still have, had it not been for the negligence of the at-fault party.

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