Florida Personal Injury Attorney Blog

Palm Beach County Polo Magnate Convicted of DUI-Manslaughter and Vehicular Homicide

Tue, 27 Mar 2012 11:28:40 -0500

On Friday, a South Florida jury convicted polo magnate John Goodman of vehicular homicide and DUI-manslaughter in connection with a fatal February 2010 automobile accident that killed 23-year-old Scott Wilson. The six member jury deliberated for less than six hours before handing down a guilty verdict. Following the jury’s decision, 48-year-old Goodman was immediately taken into custody and now faces up to 30 years in prison. Although he plans to appeal the conviction, Goodman will likely remain in custody until he is sentenced on April 30th.

The high profile case made international headlines after Goodman, heir to a $1.4 billion fortune, adopted his 42-year-old girlfriend, Heather Hutchins. At trial, Goodman was accused of driving his Bentley while impaired, speeding, running a stop sign, crashing into Wilson’s vehicle, and leaving the scene of the accident despite that Wilson’s vehicle was upside down in a canal. Goodman also allegedly called his girlfriend following the accident and reportedly waited more than one hour before calling authorities. Wilson drowned as a result of the Wellington car accident.

Goodman testified at trial that he suffered a concussion in the crash and did not see Wilson’s vehicle in the canal. He also testified he tried to stop, but his Bentley instead surged forward out of control. The defense provided expert testimony that the throttle on Goodman’s car was somehow stuck open immediately prior to the collision. According to jurors, the expert’s testimony was not convincing.

When authorities tested Goodman’s blood alcohol level, it measured .177 percent, more than twice the State of Florida’s legal limit. Goodman’s defense team claimed although he drank over the course of the evening, he was not driving while impaired. According to Goodman, he instead drank most of the alcohol in his system following the crash at a nearby barn owned by a fellow polo player. Part of Goodman’s defense was that he drank in a so-called “man cave” in his friend’s barn in an effort to alleviate the pain of a broken wrist. Still, it reportedly did not sit well with jurors when Goodman admitted to running the stop sign and having a few drinks prior to getting behind the wheel.

In addition to the criminal trial, Goodman is also facing a $100 million wrongful death civil lawsuit brought by Wilson's parents in connection with the accident.

Two Separate High-Speed Boating Accidents Kill Three in Tavares During Spring Thunder Regatta

Wed, 21 Mar 2012 11:35:24 -0500

Last weekend, two fatal boating accidents took place on Lake Dora during the Tavares community’s annual Spring Thunder Regatta. On Saturday, 53-year-old Mark Van Winkle of Stuart was killed when he was thrown from his vessel and struck in the water by another boat. On Sunday, 64-year-old Charles Woodruff of Jensen Beach and 73-year-old Dea Wiseley of Sun City Center died after they were involved in a high-speed crash. Woodruff was a former raceboat champion and Wiseley was also well known in the raceboat show circuit.

The deaths were the first in the regatta’s six-year history. The annual event, sponsored by the Classic Race Boat Association, marks the Tavares community’s annual kick-off to the boating season and showcases vintage racing boats traveling at speeds of up to 80 miles per hour. Drivers are not on the water to race their boats, however. Each year, the regatta generally draws about 10,000 spectators.

According to the Florida Fish and Wildlife Conservation Commission, Woodruff’s boat ran over Wiseley’s boat on Sunday and both men were killed after being thrown into the water. On Saturday, an occupant riding in Van Winkle’s boat was also ejected but she was safely rescued. The cause of both fatal accidents is still under investigation. Despite the perfect weather on Sunday, the weekend boating tragedies reportedly cast a pall over the community.

Each year, many deaths in Florida are the result of a tragic and unnecessary accident. Losing a loved one unexpectedly can be devastating, but it can be particularly distressing when your loss is the result of another person’s negligence. If you lost a family member due to someone else's negligent actions, you have may the right to file a wrongful death lawsuit. Generally, a deadly accident which results from an act of negligence, recklessness, or carelessness will give rise to a wrongful death claim. In Florida, family members of someone killed in an accident normally have up to two years to sue for wrongful death. Clearly, no amount of compensation can make up for the loss of your loved one, but filing a wrongful death claim may allow you to hold the liable party accountable for their actions. If you have lost a family member due to someone else’s actions, it is a good idea to contact a qualified personal injury attorney to discuss your options.

Debate Continues Over Elderly Driver Testing in Florida

Tue, 20 Mar 2012 14:00:47 -0500

The debate over driver testing for seniors in Florida has recently resurfaced. One out of every five drivers in the state is over the age of 65 and that number is expected to increase as the nation’s population ages. Currently, elderly Florida drivers are not required to take a driving test when renewing their license. Due to a high elderly driver collision rate, some believe this should be changed.

Approximately 15 percent of the fatal motor vehicle accidents that occurred in Florida in 2010 involved a driver over the age of 65. Last weekend, a woman was killed in Delray by an 89-year-old driver who backed into her in a parking lot. Another woman died in Deerfield Beach after she was hit while walking on a sidewalk and dragged across a church property by an 88-year-old-driver. Tragic accidents such as these often inspire a public call for additional senior driver testing.

The State of Illinois requires seniors to submit to a road test when renewing their driver’s license. In Texas, drivers over the age of 79 are required to renew their license in person. Eight other states also require elderly drivers to renew in person beginning anywhere between age 69 to 75. As the baby boomer generation ages the debate over elderly driver certification will likely continue. Florida is one of 40 states which require vision testing for senior drivers. Driving tests, however, are not required.

According to Anne McCartt, senior vice president for research at the Insurance Institute for Highway Safety, there is no concrete proof elderly driver regulations reduce accident rates. She said although a recently conducted study suggested in person driver's license renewal requirements for seniors may lower collision rates, other evidence was decidedly mixed. McCartt also stated Florida drivers over the age of 80 had a lower accident rate than those in the 15 to 34 age range in 2010.

The AARP has publicly opposed any age-based driver testing standard. The lobbying organization has instead advocated for promotion of Florida’s medical-review program. The program allows citizens, police officers, and doctors to report dangerous drivers as well as drivers who were diagnosed with an illness which may impair their ability to operate a motor vehicle safely. Once a driver is reported, state licensing agents determine whether to administer a road test. The organization also expressed support for in person license renewal requirements for all drivers.

Some, such as Representative Irv Slosberg of Boca Raton, believe the safety focus should be on teenaged drivers rather than seniors as elderly drivers rarely speed or text behind the wheel of a car. Still, reliable crash rates can be difficult to obtain since senior citizens tend to drive fewer miles per year than younger drivers. Most agree, however, a bright lane driving age cut-off is unnecessary.

Florida Lawmakers Reform Personal Injury Protection Insurance

Wed, 14 Mar 2012 16:28:48 -0500

Last week, the Florida Legislature passed reforms to the state’s mandatory no-fault personal injury protection (PIP) insurance requirement. House Bill 119 was passed after a 22-17 vote in the Senate just prior to midnight and immediately before state lawmakers adjourned. The reforms are designed to rein in insurance prices by making it more difficult for individuals to commit fraud or abuse PIP insurance.

PIP was adopted in Florida in 1972. The law allows those injured in a motor vehicle accident to receive up to $10,000 for medical expenses and lost earnings regardless of fault. The costs associated with PIP insurance have purportedly increased by approximately $1.4 billion over the last four years. Some believe the increase is due in large part to fraud and staged accidents. The State of Florida reportedly has the most staged accidents nationwide, and the problem is particularly pronounced in the Tampa and Miami metropolitan areas.

The measure passed by lawmakers requires anyone who is injured in a Florida car accident to seek treatment within 14 days from a hospital, ambulance, physician, dentist, or chiropractor. An accident victim will only be allowed to receive the full PIP insurance benefit of $10,000 if a treating medical provider determines he or she suffers from an emergency medical condition. If not, the victim’s PIP benefit will be limited to $2,500. Additionally, the new law requires an accident victim to receive a referral from a health care provider prior to obtaining any follow-up medical services and eliminates payment for massage or acupuncture treatment.

The new law almost didn’t make it to a vote. Florida Senators narrowly accepted House changes to the measure by a 21-19 vote. According to Senator Joe Negron, who sponsored a similar bill in the Senate and negotiated the compromise legislation, the new law will have a large impact on PIP insurance fraud. Senate President Mike Haridopolos admitted to collecting on IOUs in order to get the legislation approved.

Governor Rick Scott was in favor of the legislation, but some Florida lawmakers believe the new law will only serve to create larger profits for insurance companies. Although the initial bill would have guaranteed a PIP rate reduction of 25 percent, the bill that was passed only requires a 10 percent rate reduction with no guarantees. If insurance companies fail to reduce PIP rates by 10 percent, they must provide a detailed explanation regarding why the reduction was impossible. If PIP rates are not reduced by 25 percent by January 1, 2014, another explanation is required.

Representative Scott Randolph of Orlando expressed concern regarding whether lawmakers should take insurance companies at their word. A spokesperson for the Florida Consumer Action Network, Bill Newton, doesn’t believe the legislation will have an impact on PIP insurance fraud. Senator Miguel Diaz de la Portilla of Miami also expressed his concerns over the new measure and stated insurance companies were already in control the PIP formula.

Two Killed, Five Injured in Automobile Collision Near Boca Raton

Tue, 13 Mar 2012 09:19:43 -0500

A mother and her adult daughter were killed and five other people were injured in a two car accident west of Boca Raton Friday night. According to the Palm Beach County Sheriff’s Office, 85-year-old Angelina Ferrarella and 54-year-old Donna D'Angelo died after the car Ferrarella was driving was broadsided in an intersection by a 2003 BMW that allegedly ran a red light. Ferrarella’s husband, son-in-law, and grandson were also seriously injured in the crash. At the time of the accident, Ferrarella and her family were about one block away from their destination.

The driver of the BMW, 19-year-old Joanne Luu, and her passenger suffered only minor injuries. Although a toxicology report is currently pending, police believe alcohol or drugs may have been a factor in the crash. Police stated Luu's passenger was also believed to be under the influence at the time of the accident. No arrests were made in connection with the accident.

Since the accident, Luu took to posting photos of her injuries and her own account of the accident on social media website Twitter. According to Luu, Ferrarella ran a red light and broadsided her vehicle. Twitter has since deactivated Luu’s account.

Drugs and alcohol can have a dramatic effect on a driver's perception, judgment, and reaction time. A drunk or impaired driver is not only a hazard themselves, but also a danger to everyone they encounter on the road. Drunk or impaired driving is one of the leading causes of deadly automobile accidents in the nation. You and those you love are put at risk each time someone chooses to drive under the influence of drugs or alcohol. If you or a loved one was hurt by an intoxicated or impaired driver, you may be entitled to compensation for medical bills, disability, pain, suffering, lost wages, and other damages. By filing a personal injury or wrongful death claim against the driver who hurt you or your family, you have the opportunity to send a message to other drivers that operating a motor vehicle while intoxicated or on drugs is not acceptable behavior.

CVS Pharmacy Mistakenly Dispenses Breast Cancer Drug to Children

Thu, 08 Mar 2012 10:15:49 -0500

A pharmacy error has affected as many as 50 families in New Jersey. A CVS pharmacy in Chatham allegedly distributed the breast cancer drug Tamoxifen by mistake to a number of children who were prescribed chewable fluoride tablets. Although company investigators believe only a few children actually took the breast cancer drug, its ingestion is reportedly unlikely to cause any detrimental health effects.

CVS, the nation’s second largest drugstore chain, has issued a public apology for the mistake. The company also stated it contacted every family who received a 0.5 mg fluoride prescription in Chatham during the last 60 days. No mention was made regarding how the mix-up occurred. According to the company’s director of public relations, Mike DeAngelis, most parents who received prescriptions at the Chatham location received the correct pills.

Experts stated it is unlikely this particular drug mix-up would result in serious health effects. Fluoride is generally prescribed to children by their dentists. Although the two drugs have a similar appearance, fluoride is designed to be chewed while the Tamoxifen should be swallowed. Any child who mistakenly chewed the breast cancer drug would experience a bad taste and likely attempt to spit it out.

The consumer affairs division of the New Jersey Attorney General’s Office is currently investigating the drug mix-up to determine whether any laws were violated by the pharmacy. On Friday, the company was ordered to provide the name of all pharmacy employees at the Chatham store and copies of all correspondence related to the error. Company representatives will also be questioned under oath this week. CVS has stated the company is still investigating exactly how the error occurred in an effort to prevent similar mistakes in the future.

Luckily, the pharmacy error that occurred in New Jersey did not result in a serious injury or wrongful death. Still, doctors, dentists, nurses, hospitals, and even pharmacies have a duty to provide patients with a reasonable standard of care. When an injury occurs due to the improper dispensing of medications, a patient might have a pharmaceutical negligence or professional malpractice claim against the pharmacist or pharmacy that dispensed the drug. The State of Florida provides patients who were the victim of malpractice with only two years to file a claim. Because insurance companies also have up to two years to evaluate a patient’s medical malpractice claim before a lawsuit may be filed, it is crucial to discuss your pharmaceutical malpractice case with a qualified attorney as soon as possible.

Coast Guard Calls off Search for Canadian Woman Who Went Missing on Florida Cruise Ship

Mon, 05 Mar 2012 10:37:48 -0500

The United States Coast Guard has called off the search for an unidentified Canadian woman who is believed to have fallen overboard while traveling on a Florida cruise ship. A 47-year-old passenger on the Bahamas Celebration went missing while the ship traveled from Freeport, Bahamas to the Port of Palm Beach. The Coast Guard searched about 19,000 square kilometers of sea using at least four of the organization’s cutters and two of its aircraft. Bahamas air and sea rescue crews also assisted in the search.

According to Celebration Cruise Lines president Charles Kinnear, the woman was reported missing as the Florida-based cruise ship returned to the Port of Palm Beach on Wednesday morning. The woman’s boyfriend, also unidentified, claims he last saw her near a gift shop outside of the couple’s cabin around one in the morning. He said he realized she was missing after he awoke the next morning to find she never returned to their cabin. After he could not locate the woman, her boyfriend reported her missing.

After the Canadian woman was reported missing, cruise personnel reportedly searched the Bahamas Celebration twice before contacting the Coast Guard. By 8 am on Wednesday, the cruise ship was docked at the Port of Palm Beach. According to Kinnear, the ship would have turned around to search for the woman if personnel were alerted to her disappearance sooner. Although the woman is believed to have fallen overboard, cruise officials are hoping she somehow left the ship without detection. Upon the ship's arrival at port, the woman’s passport was still in her cabin. The Federal Bureau of Investigation is currently looking into the woman’s disappearance.

Despite modern technology and safety measures, an individual may be unexpectedly hurt at any time on a luxury cruise vacation. If you or a loved one was injured while traveling as a passenger or crew member on a cruise ship, you may be entitled to recover compensation for your losses. An injury or wrongful death on a cruise ship may be governed by one or more state, federal, and international laws. An experienced personal injury lawyer can assist you in seeking compensation for your injury or loss.

Florida Highway Patrol on the Lookout for Aggressive Drivers

Tue, 28 Feb 2012 13:48:46 -0500

The Florida Highway Patrol will be on the lookout for aggressive drivers this week. According to state law, an aggressive driver is someone who commits two violations such as following too closely, speeding, making unsafe lane changes, failing to yield, passing improperly, and running stop lights or signs at the same time. Additional State Troopers will be dispatched to major state roads such as Florida’s Turnpike and interstates 75, 95, and 595 this week to combat aggressive driving.

By stepping up enforcement, the Highway Patrol seeks to reduce or eliminate the number of collisions between passenger vehicles and commercial trucks such as 18-wheelers. According to the law enforcement agency, 88 percent of such crashes result from driver choices and behavior. Meanwhile, only 12 percent are caused by road conditions and motor vehicle defects. In 2010, Florida law enforcement officers ticketed 23,180 aggressive drivers. That number was almost 20,000 more tickets than were issued in 2003.

The Florida Highway Patrol is also seeking to reduce accidents by using educational tools such as roadside billboards and radio spots. Drivers are also being warned to take safety precautions such as ensuring they stay out of a commercial truck’s blind spots. In 2010, approximately 10 percent of all traffic deaths in Florida resulted from crashes between semi-trucks and passenger cars.

Florida Trucking Association Road Team driver Frank Silio believes most drivers are not trying to be unsafe, but do not fully realize the amount of time it takes for an 18-wheeler to stop when traveling at interstate speeds. He stated at 50 miles per hour it can take more than 100 yards to stop due to the truck’s weight. Silio and 22 other Road Team drivers work with the Florida Highway Patrol to educate drivers about safe driving near 18-wheelers. He believes drivers ought to be more cognizant of a commercial truck’s large blind spots and allows individuals to sit in his cab during educational events in order to see the road from a truck driver’s perspective.

Folks in Florida spend a great deal of time in their automobiles each year. Unsafe or distracted drivers are a hazard to everyone on the road. Aggressive driving can lead to major injuries and death. An individual who is hurt in an automobile accident due to someone else’s negligence may be eligible to receive compensation for medical bills, disability, pain, suffering, lost earning capacity, loss of enjoyment of life and other damages. If you or a loved one was hurt in a motor vehicle collision, a qualified car accident attorney can help you evaluate your case.

More Trouble for Costa Cruise Lines, May Affect Florida Cruise Industry

Mon, 27 Feb 2012 17:11:05 -0500

For the second time in as many months, a Costa Cruise ship has lost power and left its passengers unexpectedly stranded. Earlier today, a fire broke out in the engine room onboard the Costa Allegra. The fire left the ship stranded in pirate infested waters operating on emergency power sources.

At least one thousand passengers and crew are awaiting rescue in the Indian Ocean about 200 miles from the Seychelles island nation. According to the cruise line, which is owned by Carnival Corporation, the fire has been extinguished and no injuries were reported. Italian Coast Guard Commander Cosimo Nicastro has stated everyone aboard the luxury cruise ship is safe and that the weather is not currently a concern.

The Seychelles Navy purportedly launched tug boats and rescue vessels to assist the Costa Allegra. Other nearby vessels, including a French fishing boat, also agreed to lend aid to the stranded cruise ship. Costa Cruises currently has crews inspecting the engine room for damage and is hopeful the ship may become operational again soon.

The Costa Allegra was en route to the Seychelles from Madagascar when the fire broke out. The month long cruise was scheduled to stop at several east African island nations before ending in Savona, Italy. Eight United States citizens are reportedly onboard the ship.

Last month, the Costa Concordia made headlines when it struck a rock formation off of the coast of Italy. The ship lost power, began taking on water, and capsized near the island of Giglio. At least 32 people were killed in the accident.

A personal injury can suddenly arise in any number of settings, including on a luxury cruise vacation. If you were hurt while either traveling as a passenger, or working as a crew member on a cruise ship, it is a good idea to consult with a skilled personal injury lawyer. Personal injury claims which occur on a cruise ship or other vessel are often subject to an assortment of federal, state, and international laws. Because of this, the time during which you may file your claim can be extremely limited and the process for recovery is often cumbersome. If you were hurt in a cruise ship accident, an experienced personal injury advocate can assist you in seeking the compensation your injuries merit.

Florida Lawmakers Consider Statewide Driver Texting Ban

Tue, 21 Feb 2012 18:23:44 -0500

Florida’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.

Florida House Bill Would Make Medical Malpractice Claims More Difficult

Mon, 20 Feb 2012 09:31:18 -0500

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.

Marion County Explosion Kills One Woman, Injures Another

Sun, 12 Feb 2012 11:15:40 -0500

On 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.

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

Sun, 12 Feb 2012 09:38:47 -0500

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.

Lawsuit Filed Over Fort Meyers Gas Line Explosion

Sun, 05 Feb 2012 10:35:25 -0500

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.

Eleven Dead in Gainesville Interstate Pileup

Thu, 02 Feb 2012 12:43:20 -0500

Early 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.