| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Florida Lawmakers Consider Statewide Driver Texting Ban

1307593_mobile_phone_in_hand%20sxchu%20website.jpgFlorida’s Budget Committee is considering a bill which would ban texting while driving throughout the state. Senate Bill 416 would prohibit drivers in Florida from sending or reading non-voice communications using a wireless device. If approved, the ban would go into effect on October 1st of this year.

Senate Bill 416 was introduced by Senators Margolis, Sachs, Sobel, Lynn, and Altman. If the law is passed, a driver caught texting while driving would be subject to a $30 fine and gain 6 points on their driver’s license. A driver cited twice within 5 years would be subject to a $60 fine and receive an additional 6 points. In Florida, once a driver has received 12 or more points the Department of Highway Safety and Motor Vehicles may suspend their operator’s license for 30 days.

If passed, the law would not apply to police or emergency personnel engaged in their official duties. It would also provide an exception for those reporting an emergency or crime. Emergency alerts, messages concerning weather or traffic, and navigation systems would also be exempted under the proposed law. As written, the bill would make texting behind the wheel violations a secondary enforcement offense. This means a driver could only be cited for violating the law if initially pulled over for another violation.

According to Captain Mark Brown, Chief of Public Affairs for the Florida Highway Patrol, nearly 2,600 motor vehicle collisions in Florida in 2011 involved an “electronic distraction.” He also stated all use of cellular telephones in Florida Highway Patrol cars is banned unless a hands free device is being used. The Highway Patrol instituted this policy in an effort to set a good example for Florida residents.

Senate Bill 416 is modeled after a 2009 Executive Order which prohibits federal employees driving a government vehicle from texting behind the wheel. At present, 35 states and the District of Columbia have banned texting while driving. Previous attempts to prohibit texting while driving never made it out of the Florida Legislature. The current Senate bill has seen support as it traveled through several committees, but it has not been scheduled for a full chamber vote. House Bill 299, the House counterpart to Senate Bill 416, has not moved forward.

Florida citizens spend countless hours in their automobiles every year. Drivers distracted by cellular telephones, text messages, and email can be a hazard to everyone on the road. Serious injuries and even death may result from their inattention. If you were injured in a car accident due to another person’s negligence, you may be eligible to receive monetary damages for lost wages, lost earning capacity, medical bills, suffering, pain, disability, and loss of enjoyment of life. Since no two injuries are alike, it is a good idea to contact an experienced automobile accident lawyer to help you assess your damages.
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| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Florida House Bill Would Make Medical Malpractice Claims More Difficult

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A bill currently before the Florida Legislature would make proving medical malpractice claims against doctors more difficult. House Bill 385 would allow a lawyer for a doctor accused of malpractice to question other doctors who previously treated an injured patient in private. The bill’s sponsor, Representative Matt Gaetz of Fort Walton Beach, believes the law would entice more physicians to practice in Florida. He also said the bill is designed to limit unnecessary tests administered by Florida doctors merely to avoid a potential malpractice lawsuit. A similar bill, Senate Bill 1506, is also being considered in the Florida Senate.

Opponents of House Bill 385 believe the proposed law is unnecessary and would violate patient privacy rights. They argue the bill has the potential to destroy a patient’s relationship with his or her doctor. It would also purportedly eliminate a physician’s liability for failing to administer necessary health tests. According to the Office of Insurance Regulation, medical malpractice insurance rates for physicians in Florida have recently declined. Additionally, malpractice claims against Florida doctors dropped between 2009 and 2010.

Representative Gaetz said that doctors will still be held responsible for their actions under the bill. He also claims patients who sue their doctor in Florida give up their medical history privacy rights regardless of the proposed law. House Bill 385 originally included state funded financial protections for emergency room doctors as well. That language was removed after financial estimates determined such protections would cost Florida taxpayers as much as $24 million annually.

The State of Florida requires patients to notify a doctor who may be sued for medical malpractice prior to filing a lawsuit. Patients must also obtain an expert opinion which supports a malpractice claim based on negligence. In 2003, limits were placed on damages which could be paid out for specific medical malpractice claims in Florida.

Doctors, nurses, dentists, hospitals, and other health care providers must provide patients with a reasonable standard of care. If a health care provider fails to provide proper care, a patient may be able to file a malpractice lawsuit. In Florida, a patient who was the victim of medical malpractice has two years to file a claim. Because insurance companies have up to two years to evaluate a medical malpractice claim before a lawsuit may be filed, it is important to consult with a qualified medical malpractice lawyer to represent your interests as soon as possible.
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| lazaruslaw-2 | 0 Comments | PRODUCT SAFETY, Uncategorized

Marion County Explosion Kills One Woman, Injures Another

746971_broken%20sxchu.jpgOn Friday morning, a hyperbaric chamber explosion killed a veterinary employee and a horse in Marion County, Florida. 28-year-old Erica Marshall died at the KESMARC Florida Equine Rehab Center in Oclala after a horse being treated in the chamber purportedly began to kick and the metal on its horseshoe ignited a spark. Fellow employee Sorcha Moneley, 33, was also injured in the blast. She was taken to a local hospital in critical condition.

Hyperbaric chambers are used to create environments that contain higher than normal levels of oxygen. Use of the chambers is highly regulated and requires extensive safety training. In humans, the chambers are generally used to treat divers for sickness resulting from pressure changes, more commonly known as “the bends.” At KESMARC, the chamber was used to treat a variety of equine illnesses and injuries.

Marshall worked at the facility for approximately two years and was reportedly well trained on the use of hyperbaric chambers. Although horses inside the chamber are normally sedated, the one in the chamber at the time of the blast was not. Marshall was monitoring the horse using a closed circuit video system and had already begun to shut the chamber down when it exploded. Hyperbaric chambers must shut down in a series of steps to protect patients, however. It was during the shutdown phase when the horse inside allegedly kicked away the chamber’s protective coating. His next kick struck the chamber’s metal walls and ignited an explosion which purportedly rattled windows for miles.

Although seriously injured in the explosion, Moneley reportedly told emergency responders what caused the explosion. The horse killed was undergoing treatment for a neurological disease. An additional 30 horses were later removed from the partially collapsed facility unharmed. Questions are being asked regarding why the horse was not sedated and why he was allowed to enter the chamber wearing horseshoes. The U.S. Department of Labor’s Occupational Health and Safety Administration is currently investigating the explosion.

In Florida, the manufacturer of a product may be held strictly liable if a product failed to function as intended or according to safety standards and the failure resulted in injury or death. If a product is defective, a manufacturer may be held liable regardless of whether any negligence occurred. Manufacturing defects, insufficient operating instructions, failure to warn consumers, and design defects can all lead to a finding of strict liability. If you were injured as a result of a defective or poorly designed product, it is highly recommended you contact an experienced products liability lawyer.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Civil and Criminal Trials Against Polo Magnate Who Adopted 42-year-old Girlfriend Begin Soon

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On February 11, 2010, 23-year-old Scott Wilson drowned in his car when it flipped and landed upside down in a Wellington canal after an early morning auto accident. The other driver, polo mogul John Goodman, is accused of driving while drunk and impaired, speeding, running a stop sign, colliding with Wilson’s vehicle, leaving the scene of the accident, and waiting about an hour before calling 911. Goodman also allegedly called his girlfriend prior to alerting authorities to the accident.

A criminal trial against Goodman is scheduled to begin in South Florida on March 6th. He is charged with D.U.I. manslaughter and motor vehicular homicide. According to Goodman, now 48, his cell phone was not working at the time of the accident and he left the scene to get help. After the accident, Goodman’s blood alcohol content was purportedly more than twice Florida’s legal limit of .08 percent.

Wilson’s parents have also filed a $100 million wrongful death lawsuit against Goodman. The lawsuit, also scheduled to begin in March, made international headlines after Goodman adopted his 42-year-old girlfriend, Heather Hutchins. Although attorneys for Goodman’s minor biological children have asked a Miami-Dade judge to toss out the adoption, it makes Hutchins the current beneficiary of a $300 million trust established for his children.

Palm Beach County Circuit Judge Glenn Kelley is presiding over the Wilsons’ civil case. He has expressed disbelief over the adoption and called it a “legal twilight zone.” In September, Judge Kelley refused to allow the Wilsons to introduce evidence in the civil case regarding the contents of the trust because Goodman’s children, not Goodman, were the beneficiaries. On January 26th, Judge Kelley reversed his decision and stated information about the trust may now be presented to jurors.

Goodman is an heir to a $1.4 billion fortune. According to Goodman’s civil attorney, the adoption was merely an estate planning tool designed to protect the contents of the trust. Litigation concerning the adoption is currently taking place in Florida, Texas, and Delaware.

Losing someone you love is always devastating, but it can be especially difficult when your loved one died as a result of a preventable accident. Unfortunately, tragic deaths such as this are increasingly common. A wrongful death claim can provide compensation to close relatives of someone killed due to another person’s carelessness, negligence or wrongful act. Your ability to file a wrongful death case will depend on your relationship to the deceased person. In Florida, a family member has up to two years to file a claim for wrongful death. Because of the limited time period in which to file your case, it is important to speak with a qualified wrongful death lawyer as soon as possible after a fatal accident.
Read more “Civil and Criminal Trials Against Polo Magnate Who Adopted 42-year-old Girlfriend Begin Soon”

| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, Uncategorized

Lawsuit Filed Over Fort Meyers Gas Line Explosion

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A class action lawsuit against TECO Peoples Gas and Posen Construction is currently pending in Lee County Circuit Court on behalf of businesses that lost revenue after a high pressure gas line exploded in Fort Meyers last November. The explosion occurred after construction crews working on widening Colonial Boulevard severed a purportedly unmarked eight inch TECO gas line. The accident thousands of residential and commercial customers in Lee and Collier counties without natural gas services and sent a 26-year-old construction worker to the hospital in critical condition with burns on more than half of his body.

According to Lee County Transportation Director, Paul Wingard, an inspection conducted after the accident revealed bright yellow markers designed to warn construction workers a gas line is present were missing at the time of the explosion. He also stated natural gas company TECO recently relocated the gas line approximately 15 feet to the south in preparation for the road expansion. Wingard said once the line was moved, it was up to the road contractor, Posen Construction, to maintain the natural gas line markers. Michigan based Posen Construction has refused to comment on the explosion.

The accident occurred after an employee for the construction contractor inadvertently hit the buried gas line with a piece of heavy machinery. The gas line explosion was not the first accident at this particular construction site. Last June, a crane boom fell and pinned a Posen construction employee’s arms and legs. The federal Occupational Safety and Health Administration is currently investigating whether Posen Construction violated any federal safety standards.

According to the lawsuit, the gas outage had a tremendous financial effect upon restaurants and other tourism based businesses such as hotels in Lee and Collier counties. Plaintiffs in the suit are seeking damages for lost income which purportedly resulted from the natural gas outage as well as expenses related to business attempts to compensate for the lack of available gas. The plaintiffs charge that the outage occurred just as the tourist season was picking up, and that it affected many businesses still struggling to recover from heavy financial losses associated with the BP Horizon oil spill.

Construction sites can be dangerous. Thousands of construction workers are injured on the job each year in Florida. A worker may be hurt in a fall, burned in an explosion, or harmed as a result of defective machinery or tools. Common wounds include broken bones, burns, back injuries, brain injuries, and tragically, even wrongful death. Injuries can be difficult to treat and a worker may become permanently disabled as a result of a construction accident.

In most cases, Florida workers’ compensation laws will provide the exclusive remedy for employees injured while working at a construction site. Important exceptions do exist, however. A qualified construction accident attorney can explain your rights and help you receive damages for your injuries.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Eleven Dead in Gainesville Interstate Pileup

285433_car_accident%20sxchu%20website.jpgEarly Sunday morning, 11 people were killed and 21 injured in a massive vehicle pileup on Interstate 75 south of Gainesville. The accident, which involved seven 18-wheelers and 12 passenger vehicles, left behind fiery wreckage which spanned more than one mile of roadway. Poor visibility from a mixture of heavy smoke and fog is being blamed for the crash. Rescuers on the scene stated it was nearly impossible to find victims in the dark cloud.

According to crash survivor Steven Camps of Gainesville, it was a horrific scene. Camps said he hard vehicles crashing into one another, explosions, and people screaming. He also stated it looked like the “end of the world,” had arrived. Camps said while he was headed home traffic on the northbound interstate stopped. While stopped, Camps’ vehicle was purportedly struck twice. He also claims he witnessed the car stopped next to his own smashed into and forced underneath a stopped semi-truck trailer. After that, Camps and his passenger exited his vehicle and ran to a grassy bank nearby.

Accidents occurred on both sides of the interstate and all six lanes of I-75 were closed throughout most of the day on Sunday as fire crews extinguished the last of the flames. According to a spokesman for the Florida Highway Patrol, portions of the northbound lanes actually melted from the various fires.

Ludie Bond, spokeswoman for the Florida Forest Service, stated roadside fires began along I-75 sometime on Saturday. Previously during the weekend, the interstate was closed for a short time due to poor visibility. It was later reopened prior to the deadly crash. Because no controlled burns were scheduled in the area, investigators are currently examining whether the roadside blaze may been the result of arson.

Sadly, automobile accidents are one of the leading causes of personal injury and death in Florida each year. Injuries sustained in a car accident may be very minor or quite disastrous as was the case on Sunday. Although the causes of a vehicle crash can vary, hazardous road conditions, driver inattention, driver impairment, and driver fatigue are commonly to blame. Other factors include defective vehicles, road debris, driving too fast for conditions, and aggressive driving. If you were hurt in a car crash due to someone else’s carelessness, an experienced automobile accident lawyer can help.
Read more “Eleven Dead in Gainesville Interstate Pileup”

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Florida Couple Aboard Costa Concordia During Crash Off Italian Coast

1068112_cruise_ship%20sxchu%20website.jpgHomestead, Florida residents Luis Hernandez and his wife Karen Camacho were aboard the Costa Concordia for their “second honeymoon” when the cruise ship struck a rock formation and began taking on water off of the coast of Italy earlier this month. The ship was carrying approximately 4,000 people from across the globe when it tipped onto its side near Giglio Island. Costa Crociere, a unit of the Carnival Corporation, operated the Costa Concordia. The company has placed blame for the disaster squarely on the ship’s captain, Francesco Schettino. The ship was reportedly sailing off course and too close to the rocky Italian shoreline when it was damaged.

The Florida couple was reportedly seated at dinner when the accident occurred. According to Camacho, she heard a loud noise before items began falling from dining tables. Soon after, the ship’s speaker system and waiters began reassuring passengers to stay calm. The Costa Concordia crew purportedly told passengers the ship was merely experiencing difficulties with its generator.

Once the boat began to list, the couple returned to their cabin for personal items before heading towards the ships lifeboats. According to Camacho, the scene outside of their cabin was chaotic. People were allegedly shoving one another and crewmembers appeared at a loss regarding what to do next. Camacho stated no one was providing directions and crewmembers were abandoning ship in lifeboats without passengers. After Henandez hopped onto a lifeboat full of crewmembers, Camacho was purportedly allowed aboard. When the lifeboat became stuck, the couple exited, ran through the dining room, and jumped into a small rescue boat that was ferrying passengers to shore. Camacho claims she injured her knee during her escape, but saw other passengers who were injured much worse during the ordeal.

Following the disaster, 17 people are confirmed dead and at least 16 individuals are still unaccounted for, including two Americans. The Carnival Corporation issued a public statement alleging the company is investigating what caused the Costa Concordia disaster and the Cruise Lines International Association issued a press release reminding the public that cruising is generally a safe means of travel. The Association also stated large scale cruise ship accidents such as this one are exceedingly rare.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

New Study Reveals Red Light Cameras May Actually Increase Fatal Accidents in Florida, Nationwide

480202_broken_car%20sxchu%20website.jpgAccording to research recently released by the University of South Florida, cities that utilize red light cameras have a 25 percent higher rate of traffic fatalities related to red light running than cities that do not use the technology. The research, published in the Florida Health Review, completely refutes a February 2011 study disseminated by the Insurance Institute for Highway Safety which stated red light cameras would have prevented approximately 800 additional traffic deaths in 48 cities during a five year period.

In the February 2011 study, a five year period during which 62 cities did not have red light cameras was selected. Next, a five year period during which 14 of the cities had active red light cameras installed and operational and the remaining 48 cities did not use red light cameras at all was chosen. After the Insurance Institute compared the data, it arrived at the conclusion red light cameras could have prevented many red light running fatalities in camera-free cities.

In contrast, the University of South Florida study concluded the Insurance Institute’s analysis was not only scientifically flawed, but also highly suspect because the insurance industry funded the entirety of the research. Insurance companies have a significant financial stake in red light camera tickets. Although tickets from red light cameras do not add points to a Florida driver’s license, they are still used to increase insurance premiums.

Other problems with the Insurance Institute’s research also existed. For example, several of the cities evaluated that never implemented red light cameras experienced very few or no fatal accidents associated with red light running during the relevant time periods. Consequently, it was impossible for researchers to truly compare before and after death rates. After researchers at the University of South Florida re-analyzed the statistics used by the Insurance Institute using valid research methods, they concluded red light running fatalities were in fact significantly higher in red light camera cities.

Florida residents spend countless hours in their automobiles each year and motor vehicle collisions are an unfortunate fact of life. Car accidents are one of the leading causes of personal injury and death in Florida. Injuries sustained in a motor vehicle collision can range from minor to catastrophic. Automobile accidents are generally caused by driver inattention, impairment or fatigue. Other factors may include defective vehicles, speeding, road debris, and aggressive driving. If you were injured on the road, a knowledgeable car accident attorney can help you file a claim against the negligent party.
Read more “New Study Reveals Red Light Cameras May Actually Increase Fatal Accidents in Florida, Nationwide”

| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized, WRONGFUL DEATH

Family of Sarasota Man Poised to File Suit Over Key West Speedboat Death

122834_speed_boat_on_lake%20sxchu%20wesbite.jpgThe family of a Sarasota offshore speedboat racer killed during the Super Boat International World Championships in Key West last November is poised to file a wrongful death lawsuit against Super Boat International Productions, Inc. 59-year-old Joey Gratton purportedly drowned after his boat flipped over twice during a Key West race. His family claims Gratton survived the crash, but drowned due to a poor emergency response on the part of race organizers. Gratton’s death followed closely behind that of two Missouri men killed two days earlier when their boat crashed on the first day of racing.

Gratton was an experienced speedboat racer who, together with a close friend, won three world championships and eight national championships over the course of several years. According to reports, Gratton was not severely injured in the crash, but was instead alive, conscious, and fighting for several minutes to extricate himself from restraints. He is alleged to have drowned while waiting to be assisted by rescue boats. Instead of deploying immediately, rescue divers on an emergency helicopter were purportedly told by race organizers to act as second responders. The Miami-Dade Medical Examiner has stated Gratton’s official cause of death was drowning.

According to the Gratton’s attorney, the family will file a wrongful death lawsuit alleging gross negligence in Super Boat International’s safety and rescue response. He has stated race day rescue boat staff was not competently or adequately trained to act as first responders. He also claims divers were improperly told to allow rescue boats to act first, which wasted valuable response time. The family’s attorney claims Gratton would be alive today but for the company’s negligence. Gratton’s family has stated their overall goal in filing a lawsuit is to change Super Boat International’s emergency response measures to ensure the safety of other speedboat racers.

Many deaths in Florida each year are the result of tragic and unnecessary accidents. The unexpected loss of a loved one can be devastating, but it can be particularly upsetting when your loss is the result of another person’s negligence. When someone you love has been killed as a result of someone else’s actions, you have the right to file a wrongful death lawsuit against the party at fault. Generally, a fatal accident which is the result of an act of negligence, carelessness, or recklessness will give rise to a wrongful death claim. In Florida, family members have up to two years to sue for wrongful death. If you have lost a family member due to a third party’s negligence, an experienced personal injury lawyer can answer your questions and help you file a wrongful death claim.
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| Gary T. Lazarus | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

Pinellas County Jury Awards Record $200 Million Verdict Over Nursing Home Death

Gavel%20-%20sxchu%20website.jpgThis month, a Florida jury awarded $200 million to the family of a nursing home resident who died in 2004 at the Pinellas Park Care and Rehabilitation Center. 92-year-old Elvira Nunziata was strapped in a wheelchair when she disappeared from a group of residents and made her way to an emergency exit stairwell. It allegedly took nursing home staff more than one hour to notice she was missing. Nunziata was found at the bottom of the stairwell sill in her wheelchair. Paramedics were called, but she died not long after they arrived at the facility.

Nunziata’s son filed a wrongful death lawsuit in Pinellas County against Trans Health Management Inc., the company who operated Pinellas Park Care and Rehabilitation Center at the time of her death. According to the lawsuit, Nunziata lived at the facility for more than one year before her death. At trial, her son alleged the nursing home’s staff was aware Nunziata suffered from dementia and was prone to wandering. Nunziata purportedly suffered previous injuries which resulted from falls at the home. Former caregivers also stated under oath that the facility was understaffed and employees frequently disabled stairwell alarms. At the time of Nunziata’s death, the nursing home was under investigation for several abuse complaints and had a history of deficiency citations.

The attorney representing Nunziata’s son asked the jury to send a message to the nursing home and make them pay for the unacceptable care she received. After deliberating for less than an hour, the jury awarded Nunziata’s estate $60 million in compensatory damages and $140 million in punitive damages. This is one of the largest nursing home liability awards ever made by a Florida jury. Unfortunately, Trans Health Management Inc., is no longer in business and its parent company, Trans Health, Inc., is currently in receivership in the Maryland.

A nursing home or other medical care facility is required to provide each patient with a certain level of care. When a nursing home fails to provide that level of care, they may be in violation of the patient’s bill of rights. If a resident is hurt or dies as a result of a care facility’s negligence or abuse, the patient’s family may file a nursing home liability lawsuit. Most care facility abuse cases result from negligence on the part of the nursing home. Nursing home liability cases may arise from a facility’s failure to administer the correct medications, failure to provide adequate medical care, failure to provide adequate food, emotional distress, and even sexual abuse.
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