Personal Injury Claim

January 4, 2019

Woman Killed in Wrong-Way Crash in Summerfield

by Whittel & Melton, LLC

A head-on collision killed a woman and seriously injured a man on South U.S. 301 in Summerfield Thursday night.

According to a witness, a 2011 BMW 5 series driven by a 34-year-old was in the wrong lane on U.S. 301 at Southeast 132nd Street Road and collided with a 47-year-old driving a 2003 Honda Civic.

Marion County Fire Rescue and arrived at the scene at 10:30 p.m. The driver of the Honda Civic was pronounced dead at 10:22 p.m., according to reports.

The BMW driver was taken by ambulance to Ocala Regional Medical Center.

According to FHP, the BMW was stopped in the outside northbound lane of U.S 301 facing south. The Honda was just south of the intersection, traveling north in the inside lane.

Troopers said the BMW proceeded south in the northbound lanes and the Honda took evasive action by swerving to the left into the outside left turn lane, but the two cars collided head-on.

There are no updates at this time if alcohol was a factor and if charges will be filed.

Wrong-way driving occurs when a motorist drives against the direction of traffic. The most common result of this error is a serious head-on collision. Wrong-way driving accidents can happen at any speed on any street, highway, or road. According to the National Highway Traffic Safety Administration (NHTSA), around 350 people are killed every year nationwide in wrong-way highway accidents.

Serious injuries can result from wrong-way accidents, such as traumatic brain injuries, spinal cord injuries, broken bones, lacerations, and even death. These injuries can be costly to treat, which is why Florida law allows you to recover financial damages through a personal injury or wrongful death claim. These damages may include medical costs, rehabilitation expenses, pain and suffering, lost wages, costs of future medical care, loss of earning capacity, property damage, and all other losses resulting from the accident.

January 3, 2019

Water Fountains Believed to be Reason Passengers Fell Ill on Frontier Flight from Cleveland to Tampa

by Whittel & Melton, LLC

Officials say at least six passengers fell ill on a Frontier Airlines flight from Cleveland to Tampa.

According to reports, the passengers who traveled on Tampa-bound Frontier Airlines Flight 1397 on Tuesday fell ill after leaving Cleveland Hopkins International Airport.

The passengers are being held for observation. The sick passengers on board the flight to Tampa International Airport were not traveling together.

The passengers were said to be vomiting by the time the plane landed, according to reports.

Several water fountains were shut down at Cleveland Hopkins International Airport after the passengers became sick, according to reports. Airport officials could not confirm that was the cause of the sicknesses.

The remaining passengers were kept on the plane for about an hour after it landed.

Not all airplane injuries involve crashes. There are many incidents that can lead to passengers being harmed, including:

Airline food poisoning
Slip-and-fall accidents and trip-and-fall accidents
Overhead bin discharge injuries
Service cart collision injuries
Coffee spill and hot liquid spill injuries
Food allergy injuries
Broken seat injuries
Turbulence injuries
Hard landing injuries
Assault and sexual assault
Delayed medical treatment

Food poisoning and/or water contamination are types of injuries that are often misunderstood. Many people assume that the only result from such an incident is temporary gastrointestinal illness, such as vomiting or diarrhea. However, that’s not always true. You can get very sick from eating tainted food or drinking contaminated water, and you could end up kidney failure, septic blood poisoning, brain damage, and in some cases even death.

According to the Centers for Disease Control and Prevention (CDC), 128,000 people are hospitalized with food poisoning every year, and 3,000 more will actually die of foodborne diseases.

If you or a loved one has suffered from food poisoning or water contamination on an airplane, your first step should be to seek medical attention. Following that, you should speak to a Florida Injury Attorney at Whittel & Melton. We know how to obtain full and fair financial compensation for victims of food poisoning, including medical expenses and lost wages.

January 2, 2019

Toddler Injured After Falling into Rhino Exhibit at Melbourne Zoo

by Whittel & Melton, LLC

A 2-year-old girl has been injured after falling into the rhinoceros exhibit at the Brevard Zoo in Melbourne.

Brevard County Fire Rescue officials said the girl was taken to an Orlando hospital for treatment Tuesday afternoon. Her mother was also taken to a hospital for treatment.

The zoo’s executive director said they don’t believe the rhino’s horn touched the child. The extent of the child’s injuries is not clear.

She fell through the steel poles that separate guests from rhinos during a hands-on experience.

The zoo has offered the hands-on experience daily since 2009 without any incidents prior to Tuesday.

Zoos go to great lengths to protect both animals and visitors by making sure exhibits are enclosed properly and cages are adequately maintained. Our Florida Injury Attorneys at Whittel & Melton strongly urge parents and caretakers to closely observe children during every aspect of a zoo visit as defects can occur at any time, which can result in an animal or child coming into contact with one another and a serious injury occurring.

In Florida, premises liability laws allow injury victims to hold a property owner responsible for injuries that occur due to defects on the property. If the owners of the zoo knew, or reasonably should have known, about a hazard on the property, such as a cracked sidewalk, dangerous zoo ride, or unsafe animal enclosure, but did not take the necessary steps to repair it, the zoo could be liable for visitor injuries.

December 31, 2018

Negligent Security Can Lead to Sexual Attacks :: Orlando Tenant Suing Property Owner For Negligence After Sexual Assault

by Whittel & Melton, LLC

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.

December 27, 2018

Florida Casino Shuttle Boat Fire Blamed on Poor Maintenance

by Whittel & Melton, LLC

Investigators believe a casino shuttle boat fire that killed one woman and injured 14 other people off Florida’s Gulf Coast was caused by poor maintenance and the captain’s failure to shut down the engine sooner.

The National Transportation Safety Board released a report this month outlining the factors that led to a 42-year-old woman’s death and the destruction of the $450,000 boat. According to authorities, about 50 passengers jumped into the chilly waters off Port Richey in January when the Island Lady caught fire. It was heading to a Tropical Breeze casino boat in the Gulf of Mexico, where gambling is legal.

Problems outlined in the NTSB report include lack of company guidance regarding engine high-temperature alarms, lack of fire detection in unmanned spaces, insufficient preventive maintenance and insufficient crew training.

When you are harmed in a boating accident, you are suddenly left to endure injuries, medical bills and lost wages. When a fun excursion on the water results in serious injury or a wrongful death, our Florida Maritime Attorneys at Whittel & Melton can provide you with quality legal representation.

Maritime laws apply to boating accidents that occur at sea or on lakes or rivers. Maritime law is quite different from the law that applies to auto accidents or other accidents that occur on land.

The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. We represent clients who have been injured while on vacation or enjoying a day on the water in:

Cruise ships
Shuttle boats
Yachts
Deep sea fishing boats
Jet Skis and other personal watercrafts
Charter boats
Sail boats

December 18, 2018

Beware: Phishing Scam Targeting Netflix Users

by Whittel & Melton, LLC

The video streaming company Netflix has been targeted in a fraudulent email that asks customers to update their account billing information. Police nationwide are warning residents of the phishing scam, which claims Netflix is “having some trouble” with the customer’s current billing information and that the customer’s account is “on hold.”

It includes an “update your account now” button that takes users to the fraudulent site.

“Yikes! That definitely didn’t come from us,” the company said in a tweet after a user sent a screenshot of an email received as part of the scam. “Any communications you get via email from Netflix will come from info@mailer.netflix.com.”

December 13, 2018

Miami Police Officer on Patrol Killed in ATV Crash

by Whittel & Melton, LLC

Authorities say a Florida police officer is dead following an all-terrain vehicle crash.

Miami-Dade police say the officer was patrolling an area near a canal Wednesday afternoon when he hit a tree.

He was following up on nuisance and theft complaints by residents. Police say the officer had been called to an enforcement action just before the crash.

Police are still investigating the crash.

If you’ve been injured or lost a loved one in an ATV accident, you may be entitled to financial compensation for your pain and suffering. ATV accidents can result in serious injuries, even death, as this case shows. Our South Florida ATV Accident Attorneys at Whittel & Melton can help you receive the compensation that you deserve for ATV accident injuries and death.

ATV crashes can deliver serious injuries that may affect you for the rest of your life. Without the protection offered by cars, ATV drivers and passengers are more likely to suffer from life-threatening injuries. This is especially true because ATVs are highly prone to rollovers. We commonly see the following injuries from ATV accidents:

December 12, 2018

Guests Injured After 2 Disney Buses Crash at Epcot Parking Entrance

by Whittel & Melton, LLC

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

December 11, 2018

Man’s Arm Stuck in Ride at Disney’s Typhoon Lagoon

by Whittel & Melton, LLC

A 44-year-old man was injured Saturday on a raft ride at Disney’s Typhoon Lagoon, according to the Orange County Sheriff’s Office.

Deputies responded to the water park at about 1 p.m. The man was riding Miss Adventure Falls when his arm became stuck between the ride’s conveyor belt.

Disney cast members attempted to free the man’s arm before deputies arrived. The Reedy Creek Fire Rescue responded to the water park and were able to free the man’s arm.

The man was flown to Osceola Regional Medical Center with non-life threatening injuries.

The attraction is currently closed while Disney reviews the incident.

Miss Adventure Falls debuted at Disney’s Typhoon Lagoon in 2017.

In 2017, the latest year for statistics on Disney parks, 2.163 million people visited Disney’s Typhoon Lagoon. That breaks down to 5,926 visitors a day.

The rides and activities at most water parks have the potential to cause very serious injury if things go wrong. Because of this, operators must exercise reasonable care to ensure the safety of their rides and their riders.

While it is very important to document an injury and report it to park officials, obtaining legal representation swiftly following the accident is essential in prevailing in a lawsuit against a water park. You may be entitled to recover for your medical expenses, lost wages, pain and suffering, wrongful death, or other losses.

December 10, 2018

Sex Abuse Allegations Run Rampant in Fundamental Baptist Churches Across U.S.

by Whittel & Melton, LLC

In a Baptist Church, the Pastor and Church leaders are looked up to by members of the congregation, especially young children. This enormous amount of power and influence the church has over its members creates dangerous opportunities for childhood sexual abuse in the Baptist faith.

The Star-Telegram investigated and discovered at least 412 allegations of sexual misconduct in 187 independent fundamental Baptist churches and their affiliated institutions, spanning 40 states and Canada.

Twenty-one abuse allegations were uncovered exclusively by the Star-Telegram, and others were documented in criminal cases, lawsuits and news reports. But victims said the number of abused is far greater because few victims ever come forward.

One hundred and sixty-eight church leaders were accused or convicted of committing sexual crimes against children, the investigation found. At least 45 of the alleged abusers continued in ministry after accusations came to the attention of church authorities or law enforcement.

This confirms that childhood sexual abuse is as prevalent in the Baptist Church as it is in the Roman Catholic Church. The crazy thing with the Baptist Church is that they have no procedures set in place for tracking abusive clergy members who are transferred out of state, for removing accused abusers from the Church, or for informing members that their officials have been accused of abuse against children. The absence of a central agency for Baptist Churches to report child molesters has resulted in church officials moving from one church to another without their new home ever learning about the history of sexual abuse.