Florida Personal Injury Lawyers Blog

August 29, 2014

Labor Day Weekend Tip: Drive Sober or Get Pulled Over

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently issued a press release notifying motorists to drive sober for the upcoming Labor Day weekend and all year long. The 2014 campaign is focused on the societal and economic impact of drunk driving as well as the personal costs and human toll of impaired driving.

Across the United States, drunk driving collisions kill more than 10,000 people each year. Over the course of holiday weekends alcohol-related crashes are known to increase. During Labor Day weekend in 2012, 147 people were killed in auto accidents involving drunk drivers. For every DUI crash, one in three results in a fatality. What this means is that one third of all collisions are entirely preventable.

The economic impacts of driving under the influence cost Americans billions of dollars every single year. Car and motorcycle accidents involving alcohol impaired drivers cost 47 billion in direct economic impacts in 2010. Across the U.S., that averages to about $152 a person. When the overall harm to society due to loss of life and diminished quality of life are tacked on, the numbers skyrocket to $195 billion.

The average cost of a minor injury associated with a DUI-related motor vehicle crash is $22,000, but can total more than $25,000 when losses related to quality of life are added in. Direct economic impacts and additional quality-of-life costs can drastically increase based on the severity of the injury.

Now that we have addressed some of the shocking figures associated with DUIs, our Florida Personal Injury Lawyers at Whittel & Melton want to make sure you enjoy Labor Day weekend and map out a plan before the party starts. Planning ahead is absolutely necessary to ensure that you have a safe ride home, should you consume any amount of alcohol. Planning ahead can be as simple as programming a taxi cab’s phone number into your phone or downloading a rideshare app onto your smartphone. No matter where you end up or what you are doing, never get behind the wheel of a car while intoxicated. Ask a friend or bartender to help you find a safe ride home.

August 29, 2014

Man Sues McDonald’s after Juice Dispenser Left in His OJ Spread His Throat

by Whittel & Melton, LLC

A patron of McDonald’s is suing the fast food giant after an incident in which his orange juice allegedly came with a plastic spear instead of a straw, which lodged itself in his throat.

According to reports, when the man attempted to extract the object from his mouth, a serrated spear deployed and shot itself into his esophagus. After he managed to remove the spear, the man claims he suffered severe injury to his throat.

The spear in question, is believed to be a part of the OJ machine. However, orange juice should not be served with bits and pieces of machinery floating in it, so the man has joined the many people who sue for foreign objects in their food and beverages.

This is certainly not the first case of something odd turning up in a person’s drink. Recently, a 67-year-old Utah woman was burned from the inside by iced tea that was accidentally served to her with caustic lye instead of sugar. In cases like these, the restaurant that served the food or beverage can be held responsible for the injury caused by the hazardous substance in the food or drink.

For this specific case, the man will likely claim that McDonald’s was negligent for allowing a piece of the OJ machine to be served with his OJ. Due to the fact that orange juice does not typically contain sharp plastic instruments, McDonald’s will most likely be found negligent. The man could also argue that McDonald’s violated its implied warranty to only serve food and drinks that are safe for human consumption.

One fact that is not mentioned in the report that could be crucial to the outcome of this lawsuit is when the man filed his claim. The Statute of Limitations could bar the man from seeking damages against McDonald’s since his injury happened more than two years ago. In New York, the time limit to file a personal injury claim is three years. A lawsuit filed after the deadline set by the NY statutes can be dismissed by the court unless a judge sees it fit to allow for the tolling, or extension, of the deadline.

If the man has missed the cutoff date to file, he may have difficulty obtaining financial compensation.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 26, 2014

Virginia Mom Seeks $1 Million for Toddler’s TBI from Ocean City Amusement Park Kiddie Ride

by Whittel & Melton, LLC

A Virginia mother has filed a $1 million lawsuit against Trimper’s Rides and Amusements in Ocean City alleging that a ride left her 2-year-old son with a traumatic brain injury.

The woman filed the personal injury claim in U.S. District Court on July 23, and according to the court filing, her son and his young cousins were on the Hampton I, a ride geared toward children that features miniature trucks and cars that travel in a circle, when an operator stopped the ride to let another child off.

However, when the ride came to an abrupt stop, the woman’s son thought the ride was finished and exited his car. But, according to the complaint, the operator started the ride back up and one of the cars hit her son, knocking him down and “fracturing his skull on the cement floor.”

The lawsuit alleges the boy, who was 2 at the time, was “slammed into the floor and crushed between the ride’s tracks and the vehicle which had impacted him, as the vehicle continued along the tracks.”

Since the accident in June 2012, the lawsuit claims that the woman’s son has had significant medical expenses and suffered continued daily ill effects from his injuries.

The woman has accused the ride operator of being negligent due to the fact that he failed to secure all passengers and to check that the tracks were clear before resuming the ride.

Generally, in order to prove a negligence claim, it must be demonstrated that the defendant had an obligation to act in a responsible manner and with reasonable care in a specific situation and that the result of the defendant ignoring that duty caused an injury. This lawsuit alleges that the ride operator committed negligence because the ride was restarted before a sweep was done to make sure all children were secured in their seats and that the tracks were clear.

For this specific case, the operator of the ride would likely be found to have a duty to operate the ride in a reasonably safe manner. Any negligence found on the part of the individual operator could also lead to legal liability for the park’s owners as well since employers can be held responsible for negligent, careless or reckless acts committed by employees during the course of employment.

The two most common defenses to negligence claims are assumption of risk, where it is believed that the situation was so inherently or obviously dangerous that the injury victim should have known there were hazards and took the chance that he or she could be injured, and when a person acts carelessly and causes his own injuries. Although, these defenses could be difficult to prove due to the fact that the injured party is a 2-year-old child.

August 22, 2014

Federal Prosecutors Examine if GM Lawyers Hid Evidence of Defective Ignition-Switch

by Whittel & Melton, LLC

Federal prosecutors are scrutinizing whether employees inside and outside General Motors Co.’s legal department concealed evidence from regulators about a faulty ignition switch. It is alleged that the hiding of such evidence potentially delayed a recall of vehicles with the fatal problem.

The examining of GM’s legal department comes just after the release of an internal GM report in June that faulted the company’s lawyers for failing to alert other managers to lawsuits against GM that could have helped resolve a pattern of accidents in which air bags failed to deploy. The legal department is only one area prosecutors are scrutinizing for possible criminal liability, reports indicate.

A spokesman for the largest U.S. auto maker said the company is cooperating with the investigation.

At this time, current and former employees are being reviewed as part of a larger criminal investigation into possibly misleading statements the company made to regulators about a faulty ignition switch used in 2.6 million Cobalt and other small cars. The investigation conducted by the Federal Bureau of Investigation and the U.S. attorney’s office in Manhattan covers matters dating back a decade.

Prosecutors are under pressure from lawmakers to hold executives at GM responsible for the long-lasting product defect that has been linked to 54 accidents and at least 13 deaths.

The investigation, while at an early stage, could possibly end without any charges being brought. While it will be interesting to see how this case plays out, it is important to note that criminal cases against in-house lawyers are quite rare and can be rather difficult to prove. In many instances, these cases are further complicated by issues of attorney-client privilege.

August 22, 2014

Parents Sue Nanny Site Over Infant’s Wrongful Death

by Whittel & Melton, LLC

The parents of a 3-month-old baby girl who died while under the care of Waukegan-area babysitter in Illinois have filed a wrongful death lawsuit against the woman and Care.com, the nanny screening service that helped the couple hire her.

The parents of the child, who reside in Kenosha, Wisconsin, allege that Care.com failed to perform an adequate background check that they believe would have shown that the woman had a criminal record, according to the civil lawsuit.

The babysitter, 35, was charged with first-degree murder in the 2012 death of the infant after an autopsy showed that the baby suffered a fractured skull. Her criminal trial is scheduled to begin in September.

This month the baby’s parents filed wrongful death lawsuits in both Kenosha, Wisconsin and Lake County, Illinois courts.

The parents began their search for a child care provider through Care.com in the fall of 2011, according to court records. The lawsuit alleges that they paid a monthly charge, plus an additional fee for a “premier background check,” which was to include criminal records.

Lake County court records show that the babysitter was convicted of a 2010 DUI charge in Illinois under a different last name. The lawsuit claims the woman had two other legal discrepancies that Care.com failed to disclose to the couple.

Prosecutors allege that on July 27, 2012, the babysitter was changing the infant’s diaper when the baby became fussy. The woman apparently became agitated and struck the baby’s head on the table.

Authorities also claim the woman left the baby alone twice that day, taking a cab both times to a drugstore. It is alleged that she purchased a 1.5-liter bottle of white wine during each trip.

That same day, around 4:30 p.m., the babysitter called police and said the baby was not breathing. The infant was rushed to a hospital, where she was pronounced dead a short time later.

While the parents have filed lawsuits against both the woman and Care.com, it is likely that any large recovery amount will come from Care.com and not the woman who was employed as a nanny/babysitter. As it applies to this case, an employer like Care.com can be found negligent if it hired an employee known to have a criminal history. Negligent hiring claims against employers can arise from an assortment of crimes and injuries caused by employees such as murder, sexual assault, violent crimes and traffic crimes. When an employer fails to conduct an adequate background check, this can often prove they were in fact negligent when hiring the person in question. The parents of the infant claim that Care.com failed to disclose at least two of the nanny’s legal issues that Care.com was aware of.

August 19, 2014

Cyclist Struck and Killed by Garbage Truck

by Whittel & Melton, LLC

A bicyclist was killed Wednesday after being hit by a garbage truck, according to Palm Beach County Fire Rescue.

Officials with Palm Beach County Fire Rescue believe the crash happened at around 9:50 a.m. near Old Boynton Beach Road and Lawrence Road.

When firefighters arrived at the scene they found the victim lying in the roadway. The victim was pronounced dead at the scene.

The garbage truck involved in the accident was from Republic Services, a recycling and solid waste collection, transfer and disposal service serving western and southern Palm Beach County.

No further information regarding the crash is available at this time.

A bicycle ride should be a nice way to enjoy the great outdoors as well as a healthy recreational activity that can get you to and from wherever you need to go. However, riders are vulnerable, and can become involved in serious accidents at any moment due to the negligence of motor vehicle drivers. The negligence of a car or truck driver can lead to serious injuries to a cyclist.

Losing a relative or loved one can be devastating in many ways. When someone close to you has been killed due to the fault of a motorist, Florida law provides the surviving family members and partners with the right to bring a wrongful death lawsuit for the financial loss endured as well as the loss of the intangible benefits of their relationship.

August 7, 2014

Johnson & Johnson Pulls Laparoscopic Power Morcellators from Market

by Whittel & Melton, LLC

Johnson & Johnson is asking doctors to return its laparoscopic power morcellators, due to the fact that these controversial surgical devices may have inadvertently spread cancer in women being treated for uterine growths called fibroids.

In April, the company’s Ethicon unit suspended sales and distribution of the devices. During this time, their role in treating symptomatic fibroid disease was reviewed by the Food and Drug Administration and the medical community.

The FDA advised doctors not to use the devices in April, pending further review. J&J is now taking additional steps and reaching out to customers asking them to return the devices they have already bought in what it is calling “a worldwide market withdrawal” of all Ethicon morcellation devices that are still on the market.

What are these morcellators and how are they used? The morcellators are used to cut up uterine growths so that they can be easily removed using noninvasive procedures. They are also used in hysterectomies. However, the problem is that sometimes these masses can be malignant, which is why the FDA has warned patients and doctors that the spinning blade of the morcellators could potentially spread deadly cancer, making the outcome for patients much worse.

J & J is not accepting any legal liability for the alleged injuries from cancer caused by its power morcellators. J&J is not even calling this a recall. Rather, the company is taking preventative measures and contacting hospitals and other patients to ask them to return the devices. The Florida Injury Lawyers at Whittel & Melton represent victims across the state of Florida in lawsuits in order to obtain just compensation for any pain, suffering, lost wages and all other losses and damages.

Hopefully, new technology and better cancer screening procedures in the future will render laparoscopic power morcellators used in hysterectomies and myomectomies a safe procedure. Until then, the FDA and Ethicon have researched and concluded that power morcellation poses too great a risk to women to be used presently. It will be interesting to see if the American Congress of Obstetricians backs up these findings.

August 5, 2014

GM Slapped with Another Lawsuit

by Whittel & Melton, LLC

General Motors was hit last week with another lawsuit brought on by more than 650 people who were allegedly injured or killed in accidents involving cars that have been recalled this year for faulty ignition switches.

The lawsuit was filed in Manhattan federal court by a Texas-based attorney. Dozens of cases against GM over the switch recall have been consolidated in Manhattan federal courts.

The suit names a total of 658 plaintiffs, including 29 who are bringing claims on behalf of people who died.

August 1, 2014

NYC to Pay $2.75 Million to Family of Rikers Inmate Killed in Prison Guard Beating

by Whittel & Melton, LLC

The city has agreed to pay $2.75 million to the family of a Rikers inmate who died while in prison in 2012 from an alleged brutal beating by correction officers.

The city medical examiner’s office ruled the 52-year-old man’s death a homicide. Despite these findings, the Bronx district attorney’s office declined to press criminal charges against the correction officers who allegedly beat him.

The deceased, a burglary suspect, had complained that doctors and correction officers were withholding treatment for his kidney disease.

His family claimed the officers retaliated by beating him to death.

The autopsy report determined that the man’s death was caused by hypertensive cardiovascular disease, but also said that a physical altercation with blunt-force trauma to the head was a contributing factor. The report also found that the man suffered blunt-force trauma to the torso and arms.

Bronx prosecutors decided against pressing charges because they could not prove criminal responsibility by the correction officers beyond a reasonable doubt, according to reports.

The man’s family has called on the Manhattan U.S. attorney’s office to investigate the case.

The correction officers union president maintains that the officers did everything by the book.

Inmates who have been subjected to abuse by prison staff while incarcerated are not alone. There are several options for getting help, including:

Filing a CRIPA complaint: The Civil Rights of Institutionalized Persons Act maintains that those in state prisons or county jails can file reports of abuse with the U.S. Department of Justice.

Filing a federal civil rights lawsuit: Under Section 1983 of the U.S. Code, inmates who believe their constitutional rights have been infringed can file a civil lawsuit.