Florida Personal Injury Lawyer Blog

Florida House of Representatives Passes New Standards on Expert Witness Testimony

Thu, 16 May 2013 13:35:31 -0500

During the 2013 Session, the Florida House of Representatives passed a bill ( HB 7015) that would change Florida’s standards for evaluating the admissibility of expert witness testimony in court. The proposed change moves from the Frye standard to the standard known as the Daubert standard used in federal courts. For many years now, Florida and Federal courts have followed the Frye standard.

In 1923, the case Frye v. United States discussed the admissibility of a polygraph test as evidence. The ruling was as follows: “Just when a scientific principle or discovery crosses the line between experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the court will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."

The Frye standard applies to the testimony of someone who is labeled an expert in a particular field which is relevant to the case. With the Frye standard, if the person who is deemed an expert in a particular field fails to be convincing in their presentation of information or the qualifications of the expert can be questioned, then the evidence can be ruled inadmissible. In order for the standard of Frye to be met, “scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.”

$500,000 Verdict for Client Rear Ended in Car Accident

Thu, 16 May 2013 13:32:54 -0500

The Plaintiff was driving in West Palm Beach and was rear ended by another vehicle. As a result of the car accident, our client sustained injuries to their back. Our client not only missed time from work, but had to undergo surgery. Despite not being able to return to work, our client decided to return to school and focus on earning their degree.

Texting and Driving in Florida May Soon Be Illegal

Thu, 16 May 2013 11:35:39 -0500

The Sunshine State edges closer to passing a bill that would ban texting while driving except when a vehicle is at a complete stop. Florida’s Senate passed the relatively simple bill unanimously 36-0 but the House of Representatives tacked on an amendment to the bill, “that would allow cell phone records to be used as evidence only in the event of a crash or resulting in death or personal injury.”

Jose Olivia, a Republican Representative from Miami feels the change to the bill ensures the protection of Floridian’s civil liberties. Had the amendment not been tacked on to the bill, it would have gone straight to Governor Rick Scott following the vote in the House. Polls of the citizens of Florida suggest strong support for a ban on texting and driving, some nearly as high as 95% in support of the ban.

Some feel that the bill does not go far enough to protect Florida’s drivers because it would make texting while driving a secondary offense instead of a primary one. This means that if you are texting while driving but not committing any other offenses, an officer cannot pull you over to issue a citation. However, if you are committing a primary violation in addition to texting, an officer may pull you over and cite you for both offenses. Many argue that this is a step in the right direction and the push to change texting while driving to a primary offense will occur naturally after it passes as a secondary offense.

$423,000 for Client in Car Accident

Tue, 14 May 2013 10:06:29 -0500

The Plaintiff was a passenger in a friend’s vehicle. The vehicle was T-Boned by another vehicle. As a result, the Plaintiff sustained injuries which left her in the hospital for two months just before passing away.
Senior partner and Board Certified Civil Trial Lawyer Jason Weisser, represented the Plaintiff’s 57 year old son who had the claim for loss of guidance, instruction, and pain & suffering until the time of her death.

Intoxicated Exotic Dancer Collides with Florida Road Ranger

Tue, 14 May 2013 08:38:57 -0500

The Florida Department of Transportation has provided stranded and broken down drivers on Florida’s highways with free roadside service since 1999. Road Rangers patrol the state’s highway systems at nearly all hours and days of the year, with the Rangers in South Florida working twenty-four hours a day, 365 days a year. These men work collectively with local police and emergency response vehicles to quickly move accident vehicles away from travel lanes and have directly reduced the number of car accidents in this state. Everyday these men put their lives on the line patrolling our state’s roads, often being only a few feet from cars traveling at speeds of 70mph.

On October 13, 2012 Tonye Bowens, a Florida Road Ranger, responded to a traffic accident on I95 Northbound in West Palm Beach. While tending to the motorist on the side of the road, he was struck by an intoxicated exotic dancer driving home from work at Cheetah Gentleman’s Club. “Suffering massive injuries, he was in a coma for two weeks and then spent two more months in the hospital, attorney Jason Weisser said.”

Under state law, the legal blood alcohol content for a driver of a motor vehicle is .08% - the dancer, Segura, was charged with DUI by the Palm Beach County Sherriff’s office because her BAC was a .184, more than twice the legal limit. In fact, she was so drunk that instead of driving Southbound to her home in Miami, she was traveling the wrong direction on Interstate 95. Glenda Segura faces pending criminal and civil charges while Cheetah Gentleman’s Club is also being sued.

The Perils of Cell Phone Use While Driving

Wed, 12 Sep 2012 12:40:01 -0500

The biggest threat facing South Florida drivers is not inexperienced teenagers or elderly drivers with slowed response times – it is drivers using their cell phones to text and call while on the road. The majority of states have enacted policies to lessen cell phone use while driving. Thirty-nine prohibit text messaging for all drivers, thirty-two ban all cell phone use for novice drivers, and ten prohibit all drivers from using handheld cell phones.

Florida lags in this aspect, however, by prohibiting local municipalities from enacting ordinances that prohibit cell phone use while driving. On the state level, Florida continues to ignore the hard, cold facts about the perils of cell phone use by drivers. This is troubling for all drivers that use Florida’s roads everyday.

With crash statistics among the worst in the nation, policymakers must take action to ensure the safety and livelihood of drivers in the Sunshine State. In a 2010 GMAC Insurance Test of drivers by state, Florida ranked tenth worst in terms of knowledgeable drivers on the road. In a study by AT&T drivers that send text messages while driving are 23 times more likely to be involved in an auto accident. It also found that reaction times were doubled when using a cell phone while driving – similar results to being under the influence behind the wheel.

Because Florida law continues to allow cell phone use while driving, it can be easy to forget the impact cell phone use has on all drivers on the roads. The harsh truth is that law is not always enacted with the people in mind. While it may seem easy to get policy enacted in Florida to prohibit cell phones while driving, the easiest step to reduce car accidents in Florida is for you to stop using your phone when driving behind the wheel.

Drunk Driver Kills Two Teens in Horrific Car Accident

Tue, 24 Jul 2012 16:23:22 -0500

Drinking is a rite of passage that comes about in all Americans once the golden age of 21 is hit. The problem with this rite of passage, however, is that many are inexperienced with drinking and, in turn, let loose as soon as they are legal. Recently our firm represented the families of two teenaged victims that passed away when a drunk 21 year old driver ran a red-light in Palm Beach Gardens and slammed into the victim’s car.

Florida has some of the highest incidences of teenage fatalities on the road and one of the highest rates of drivers arrested for driving under the influence of alcohol. The two victims in the case were driving home on a Thursday night after seeing a new movie in the theatre. The 21 year old had been spotted at a few local bars around Palm Beach Gardens and was seen swerving on PGA Blvd. Blowing a .20, the man was way more than twice the legal Blood Alcohol Content allowed for a driver, a .08.

$752,000 for Client Rear Ended at Stop Sign

Thu, 28 Jun 2012 12:04:37 -0500

In January 2012, the plaintiff was driving her Ford Explorer to pick up her kids from school when she approached a stop sign. She made a complete stop and as her foot moved from the brake pedal to the accelerator, she was rear ended by a male driver apparently distracted by the text message he was sending. Although texting and driving is still legal in the state of Florida, many other states have enacted laws to combat the immense risk it entails. In 2010 alone more than 3,000 people were killed in car accidents involving distracted drivers.

The defendant was cited on the scene for careless driving under the Florida Motor Vehicle Statute 316.1925.

Upon getting out of her car to survey the damage, our client bent over and heard an audible pop followed by a warm sensation flowing around her back and neck. Her blood sugar levels dropped and she fainted at the scene of the accident. She was promptly transported to Palm Beach Gardens Medical Center where they discovered two herniated disks – one in her lower neck and one in her upper back.

Prior to the accident, our client was in prime shape and had no history of neck or back problems. The disc herniations were causing intense pain in our client and at the recommendation of the treating doctors, surgery was scheduled. She underwent two discetomys in both her back and neck to relieve nerve compression. Her medical bills totaled $152 thousand.

Acting in Bad Faith

Wed, 20 Jun 2012 16:07:54 -0500

A female client was recently a passenger in a friend’s car when it struck a tree causing her to lose the top half of her middle finger in a hospital. There was a $10,000 dollar policy by Geico that was not paid in a timely fashion. In 1982 Florida became the first state to create the right to bring a private lawsuit against an insurance company for violations of the Unfair Insurance Trade Practices Act.

This was enacted to force insurance companies to make timely payments that are not delayed or denied, forcing them to act in good faith with fair dealing practices. An insurance company’s duty to act in good faith is referred to as the implied covenant of good faith and fair dealing which exists by condition in every insurance policy. Companies that are found acting in bad faith can be subject to a tort claim and may cause the plaintiff to receive an amount larger than the original value of the policy, particularly if it was egregious.

Upon going to trial, the court ruled Geico had not acted in bad faith and did not violate the covenant with the insured. The case progressed to federal court where it was ruled Geico had acted in bad faith and resulted in a $227,000 dollar verdict for the client. This case is remarkable in that it was one of the few cases to result in a successful judgment against Geiceo in Florida since the enactment of the 1982 statute.

Low Impact Accidents Can Cause Serious Injury

Wed, 13 Jun 2012 14:00:17 -0500

There is a common notion today that accident victims are dishonest fakes and crooks that are responsible for rising insurance costs. This myth has been perpetuated by the insurance industry claiming that if there is little property damage then there is no chance of serious personal injury. Low impact car accidents are loosely defined by insurance companies as those with little property damage, usually under a few thousand dollars. This begs the question of what legitimate relationship exists between the dollar amount of property damage and the medical bills of the claimant.

Currently there exists no statistical studies that support the insurance industry’s claim that if there is an absence of property damage then there cannot be an injury. A herniated disk can occur from something as mundane as bending over to tie a shoe. Similarly, a low impact disk can cause disk herniations and 150mph car accidents can result in people walking away with mere bruises.

The idea that new cars are built to absorb energy from low impact accidents rather than it being absorbed by the vehicle’s occupants is a great misconception. New cars are designed to withstand the impact of a low energy crash to reduce the cost of repairs, not protect the occupant inside. These bumpers are merely designed to save insurance companies money. Seatbelts and airbags provide protection to an extent, but whiplash and herniated disks can still occur from seemingly minor accidents.

E. coli Victim Receives Justice

Tue, 12 Jun 2012 10:37:41 -0500

In December 2006, William Martin made a small decision that would forever change his life. Being too tired to make dinner for himself and his girlfriend Noel Eule, he decided to pick up dinner from a Taco Bell in Port St. Lucie, Florida. Upon arriving home with his food, he consumed both a chalupa and a double-decker taco supreme. His girlfriend, not liking the appearance of the food ordered, decided against eating the Tex-Mex cuisine.

In the middle of the night William woke up and felt very ill. He began to feel nauseous and experienced vomiting and extreme fatigue, lasting for several days. After attempting to work for several days through the sickness, he was advised by his friends to go see a doctor. He met with the healthcare clinic at Medical Supply Inc and was told that he was suffering from hypertension and that his pale, clammy skin was of concern and that he should go to a hospital.

He was immediately transferred to St. Lucie Medical Center where doctors discovered he was suffering from renal failure, otherwise known as kidney failure. Hospital officials in Port St. Lucie decided William needed a blood transfusion and dialysis in order to ensure his life. His stay at the St. Lucie Medical Center was short-lived and he was transferred to Shands Hospital at the University of Florida to meet with renal specialists. He was diagnosed with hemolyticuremic syndrome (HUS) which was caused by the E-coli infection and was continued on dialysis.

After being discharged from Shands at UF on January 18th, he followed up with Dr. Michael Loftis, a nephrologist who diagnosed Mr. Martin with end-stage renal disease. He had to continue dialysis nearly three times a week until April when he needed to undergo surgery on his left wrist. This radiocephalic arteriovenous fistula, secondary to chronic renal failure was performed by Dr. Mitchell Cahn.

Following this surgery, Dr. Gerald Flores placed the patient on a list for a kidney transplant. The transplant was completed at Shands at the University of Florida on May 5, 2008. Continued to suffer from bouts of nausea and vomiting, he was readmitted to Shands on May 25, 2008 and diagnosed with gastroparesis, which is a condition that restricts the stomach’s ability to empty its contents. William continues to have to watch which foods he eats and has to steer clear of any foods high in potassium. The medications are taking a toll on his health, causing William to gain weight and feel continually fatigued.

Victim Rear-Ended by Large Box Truck in Lake Worth, Florida

Tue, 10 Apr 2012 09:55:52 -0500

The governing rule under Florida law is that even a sudden stop by the lead vehicle does not overcome the presumption of negligence on the part of the rear-ending driver. Therefore, the law in Florida attaches a presumption of negligence to the rear driver in a rear-end collision accident.

The victim in this Florida truck accident case is a 50 year old wife and mother who was traveling as a front seat passenger in a friend's automobile, northbound on I-95 near Tenth Avenue North in Lake Worth when traffic slowed ahead. They were rear-ended in traffic by the driver of a large box truck who had not noticed that traffic had slowed. The Florida Highway Patrol investigated the accident and cited the driver of the box truck for "Speed - Failed to Use Due Care". According to the victim, the damage was very heavy and the FHP crash report stated that the vehicle she was in sustained approximately $4,000 in damage.

The injuries to the victim in this crash were to her neck and low back. She did not go to the emergency room immediately after the crash, but began treating with a chiropractor shortly thereafter. She was hoping to recover with conservative therapy, but eventually was sent for an MRI, which showed herniated discs at C5-C6 and C6-C7 and was therefore referred to an orthopedic surgeon for treatment. After a thorough examination, the orthopedic surgeon recommended surgery for the herniated discs at C5-C6 & C6-C7, requiring anterior cervical discectomy and fusion, which the victim did undergo without complications.

Understandably, afater the surgery, the victim's medical expenses totaled well over $114,000.00 and she continues to sufffer a great deal of chronic pain, which prevents her from living the active and fulfilling life she was engaged in prior to this accident.

The victim was very concerned about her mounting out-of-pocket expenses and her lost wage claim, so she sought the services of Attorney Jason D. Weisser for assistance in this matter. Mr. Weisser was successful in obtaining a settlement in this case for several hundred thousand dollars without the necessity of a trial. This victim will now be able to go forward with her life and will be able to handle any financial obstancles she may face in the future with her ongoing medical treatment.

United States Settles Suit For Anthrax Death

Wed, 28 Mar 2012 15:06:58 -0500

In the post 9/11 world, the United States exercised a cautious view towards anything foreign. Citizens were urged to report suspicious behavior to the federal authorities and there was a large-scale belief that a biological attack would come from abroad. Few, if any, citizens expected biological attacks to come from within the United States’ own borders. Robert Stevens, a photo editor in Florida, was the first victim in a string of Anthrax attacks that were carried out by government workers in the United States.

The United States Army Research Institute for Infectious Diseases (USARMIID) turned out to be the source of five distinct Anthrax deaths in 2001. Rife with security gaps, Dr. Bruce Ivins, the alleged perpetrator, was granted access to some of the nation’s most secret and deadly biological weapons. Former workers at USARMIID reported that many employees were allowed access to biological weapons before background checks were completed and others were allowed access to stocks of Anthrax that were not properly controlled and contained by the US Army. Dr. Ivins’ mental status was never properly investigated and despite medical records clearly illustrating his instability he was allowed to proceed with his work at the US Army Laboratory.

While medical records are usually confidential, the U.S. Government had the authority scrutinize the medical records of anyone working at USARMIID as a condition of allowing them to work with the world’s most dangerous pathogens. Dr. Ivins’ mental status and past medical records clearly illustrated his mental instability and had the federal government exercised standard procedure when hiring, this doctor would have been disqualified for employment. He was a paranoid schizophrenic and he was allowed access to deadly weapons that the US Government had been testing as weapons and to new vaccines the government was developing for pathogens. Ultimately, he was able to carry out his measured attacks because of the lax security measures in place at USARMIID in Maryland.

Although partly the responsibility of this rogue scientist, the deaths in the attacks were also mainly due to lack of oversight. The facilities in question did not have CCTV cameras to deter foul play, their security guards lacked proper training, and the open-ended access in the facility all contributed to the deaths of the victims in the attacks. Analyses by experts in the case concluded that there was a serious threat to the general population and that these attacks could have been carried out by nearly anybody that had access to these deadly pathogens since the Steven’s case was brought forward. The security at facilities working with deadly pathogens has been increased to a level one would expect when working with biological weapons.

Dogs Bite Approximately 4.7 Million People in the U. S. Annually

Mon, 26 Mar 2012 14:41:41 -0500

A recent study showed that 1,000 Americans are treated in emergency rooms per day as a result of dog bites. In 2010 there were 34 fatal dog attacks in the United States. Children are the most frequent victims, half of whom are bitten in the face. In 2008, dog bites sent an average of 866 people every day to emergency rooms throughout the country for treatment - nearly 40 percent of them children and teens.

The following are just a few of the dog bite cases from across the country:

Palm Beach Co., FL - Mother and grandmother attacked by Doberman
while walking employer's Jack Russell Terrier.

Canandian Co., OK - Defendant's dog bites minor in face at public park -
puncture wounds to the face - permanent facial scarring to minor female.

Miami-Dade Co., FL - Plaintiff attacked by pit bull - bite wound to hand -
nerve damage - decreased function of dominant right hand.

Suffolk Co., NY - Dog bites plaintiff in face - 50 stitches - permanent
facial scarring.

Middlesex Co., NJ - 29 month old infant bitten by neighbor's dog - scar
under eye and above lip - plastic surgery contemplated in future.

Hillsborough Co., FL - 8 year old attacked by German Shepherd - bite
wounds to eyelid and face - 23 sutures required - psychological injuries.

Miami-Dade Co., FL - Plaintiff attacked by Belgian Shepherd - multiple
bite wounds to arms and chest - permanent scarring - loss of use of 2 fingers - emotional
injuries.

Careless Driver Causes Serious Injuries in Ft. Pierce, Florida

Thu, 23 Feb 2012 09:29:39 -0500

Carelessness is a major cause of many of the accidents occurring on our roadways today. That coupled with the ever increasing speed of traffic on our highways means you have a real possibility of being involved in a traffic accident every time you get behind the wheel.

The victim in this Florida automobile accident case was a wife and mother of two children residing in Ft. Pierce, Florida. She was a seat-belted driver traveling east on Midway Road entering the intersection of the I-95 southbound entrance ramp when another driver made a left turn in front of her, thereby causing the front of the victim's vehicle to collide with the right rear section of the other vehicle. The other driver was charged with violation of right of way.

As a result of this accident, the victim sustained injuries to her chest, neck, back, right hip and head. She sought treatment at Lawnwood Hospital where x-rays were taken and she was diagnosed with lumbar strain, contusion to her left chest and right shoulder strain. The victim was then released with prescriptions for pain and referral for follow-up treatment.

The victim next sought treatment with a chiropractor who treated her with heat, massage and adjustments, and subsequently ordered a cervical and lumbar MRI. The MRI revealed disc herniations at C5-6, C6-7 and L4-5.

Due to the positive MRI findings, the victim next visited a neurosurgeon and after his examination, he related her injuries to this accident and recommended further conservative therapy for an additional two months. A few months after completing the conservative therapy, the victim returned to the neurosurgeon due to continued complaints of severe neck pain, arm pain, right arm tingling and weakness. The neurosurgeon has recommended an anterior cervical discectomy and fusion at two levels, C5-6 and C6-7. He states that the lumbar disc hernation at L4-5 is responsible for the victim's lumbar pain and will address this matter after the cervical surgery.