Miami Injury Lawyer Blog

Abuse and Neglect in Florida’s Assisted-Living Facilities

Fri, 11 May 2012 17:44:34 -0500

A recent investigation by the Miami Herald revealed that many assisted-living facilities are allegedly ignoring a Florida law designed to protect residents. The 1980 Resident Bill of Rights was enacted to protect elderly and mentally ill care facility residents who sought an alternative to traditional nursing homes. Florida’s Agency for Health Care Administration (AHCA) is responsible for monitoring the state’s 2,850 assisted care facilities. According to the newspaper, the Agency frequently failed to take action against assisted-living facilities despite police and inspector reports that residents were being denied basic needs.

For example, Bruce Hall, the owner of a Washington County facility, was directed by the Agency to sell the Sunshine Acres Loving Care facility only after neighbors organized to put pressure on the AHCA. Despite that the facility received more than 100 violations in 14 years and the owner allegedly threatened inspectors on more than one occasion, Hall was still provided with a one year grace period in order to secure a purchaser for the facility.

The Miami Herald reportedly found that as Florida’s elderly population grew, the level of care and state oversight at assisted-living facilities declined. To illustrate, although 550 new nursing homes opened in Florida during the last five years, the number of state inspections declined by 33 percent. Additionally, the newspaper reported that although assisted-living facility violations such as the use of illegal restraints are common, the resulting fines that are issued by the Agency are often decreased or waived. Despite a large number of allegedly serious care facility violations, Florida has closed only seven assisted-living facilities during the last two years.

According to the Miami Herald, unsafe conditions at a number of facilities has prompted several government agencies to cut funding to particular assisted-living facilities the AHCA has allowed to remain open. The Mental Health Project out of Miami-Dade Court reportedly will not allow the individuals it serves to stay at the All America ACLF, where a 71-year-old-mentally ill resident died in 2006 as a result of scalding burns after being left unattended in a bathtub. Although the facility was allegedly cited by the AHCA more than 100 times since the incident, it is still licensed and open. The Agency for Persons with Disabilities also reportedly cut all funding to the Hillandale ALF after it was accused of punishing the mentally ill by locking them away in closets.

The Miami Herald claims the AHCA rarely imposes the maximum fine allowed on assisted-living facilities that violate Florida law. In 2009, the Agency imposed only $650,000 in fines despite that the Florida Legislature expanded the AHCA’s power to fine care facilities in the same year. According to the AHCA, the Agency’s goal is not to punish facilities but instead to encourage compliance with state law. Penalties such as fines are reportedly only used as secondary enforcement measures. The AHCA also stated it will only consider revoking a care facility’s license as a last resort. First, other solutions are examined and explored on a case-by-case basis.

Assisted-living facility abuse and neglect cases are often the result of unqualified or improperly trained staff. Unfortunately, the signs of care facility abuse are not always easy to identify. Residents may experience a loss of appetite, depression, and more frequent accidents. An abused assisted-living facility resident may also complain about the treatment they are receiving. All complaints regarding assisted-living facility abuse or neglect should be taken seriously. If you suspect a family member or friend may be the victim of abuse at the hands of those tasked with their care, you should speak with a qualified Florida nursing home abuse and neglect attorney to help you protect your loved one's rights.

Hit and Run Fatality: Cyclist Killed by Driver

Fri, 11 May 2012 12:40:13 -0500

Miguel Angel Rocafort was taking an early morning bike ride, when a hit and run driver struck his bicycle sending him to Kendall Regional trauma center. Rocafort was treated for multiple fractures and other injuries. He was sent home from the hospital, and was told he would be able to resume normal life and even ride a bike again. However, the night after he was released, a pulmonary embolism caused him to have severe leg pain and he was taken to Baptist Hospital, where he eventually died.

According to the Miami Herald, TransitMiami.com has several reports which indicate that serious injuries to pedestrians and cyclists are very common throughout Miami Dade. Transit Miami writer Craig Chester refers to these incidents as a crisis in the arena of Public Safety which has gone under the radar. The city must do more to protect hostile motorists from endangering the lives of cyclists and pedestrians.

Often times, the drivers of hit and run car or bicycle accidents flee the scene because they know they did something terribly wrong, and are afraid of the consequences. According to the National Highway Traffic Safety Administration, one out of every 5 pedestrian accidents which result in death, is due to a hit and run driver. Especially, in a metropolitan city like Miami where there are an abundance of unlicensed or illegal drivers, hit and runs are on the rise.

Due to the strict penalties associated with drinking and driving, people often flee the scene after causing an accident. These people realize, that if they buy themselves time, and are able to sober up, before they are located, the penalties will be much less. In reality, this is a serious loophole in the system that needs attention and a call to action.

Law enforcement needs to protect citizens from hit and run drivers through sobriety check points, public enforcement campaigns and using video surveillance on the roads. The number of hit and run accidents in the city of Miami is a growing phenomenon. Personal injury attorneys at Gerson & Schwartz have recovered damages in the millions for cases where a bicyclist, motorcyclist, or pedestrian was seriously or fatally injured, due to the negligence of a driver who did not obey the traffic laws, and fled the scene of an accident.

Contact the law offices of Gerson & Schwartz, PA today for a free consultation, (305)371-6000 info@gslawusa.com ,if you have been injured or if your family member has been the victim of a hit and run bicycle or automobile accident involving a fatality or wrongful death.
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NIght Club Shooting in Hialeah Results in 2 Men being Hospitilized

Wed, 02 May 2012 11:14:30 -0500

In the early morning hours today, two men were injured at Spotlight nightclub in Hialeah, Florida, after a fight ensued and gun shots were fired. Currently, two people are at Jackson Memorial Hospital. A third man was arrested and taken into custody by police. The shooting occurred at East 25th St. between 6th Ave. and 8th Ave. According to Detective Eddie Rodriguez, an investigation is underway and the streets will not be opened until noon today in the area.

Attorneys at Gerson & Schwartz, PA handle cases for crime victims who have been injured in night clubs or bars due to negligent security. The firm has 40 years of experience and expertise in the area of security negligence and premises liability. They have recovered jury awards in the millions for their clients. The attorneys at Gerson & Schwartz, PA are highly specialized at handling cases, where security personnel is at fault for not protecting its patrons from forseable and preventable injuries. If you or someone you know has been the victim of an accident or a crime at a public place, contact the Law Offices of Gerson & Schwartz today for a free consultation.
(305)371-6000 or info@gslawusa.com

Florida State Laws Finally Require Mandatory Reporting by Anyone Suspecting Abuse of a Minor

Tue, 01 May 2012 12:22:24 -0500

On Friday, April 27, 2012 Governor Rick Scott signed into law a bill requiring anyone who suspects a case of child sexual abuse to report it to law enforcement. The Protection of Vulnerable Persons law will take effect on October 1, 2012, giving Florida the harshest mandatory requirements for reporting sexual abuse in the nation. Specifically, this bill requires that all colleges and universities adhere to stringent reporting criteria for all sex abuse violations that have taken place on their campuses.

Violations wherein a teacher, administrator, coach or any other school employee who does not “willfully or knowingly” report suspected abuse could result in serious fines and lead to criminal charges. Prior to this law, only a parent or caregiver was required to report suspected abuse. This led to an extraordinarily high number of unreported incidents and created a silence within our culture regarding sexual abuse of children. In addition, to a mandatory obligation to report any suspicion of child sexual abuse, criminal charges have also been increased from misdemeanor to third degree felony charges.

Department of Children and Families (DCF) will conduct time sensitive investigations of anyone who neglects to report child abuse. Under the new law, the State Attorney’s office will now review the actions of all school board employees, who employ anyone who is suspected of withholding information regarding a victim of child sexual abuse. Hopefully, the addition of increased fines, which can be up to $1,000,000 for any public college or university whose administration fails to report child abuse, is a step in the right direction for eradicating child sexual abuse at schools or on college campuses, and in the world at large.

In America today, it is estimated that there are 60 to 80 million survivors of sexual abuse. Many of these cases have taken place on college campuses and at public and private schools for elementary, middle, and high school aged children. Anyone who does not report abuse, under this new legislation could face up to 15 years in prison and a potential fine of $1,000 to $5,000.

In total, 4 new bills were signed into law and $1.5 million dollars for the relocation of sexual violence victims was set aside. New, steeper penalties for those involved in child prostitution were allocated for unreported crimes. While, funding for 47 additional staff members at the Department of Children and Families was authorized.

If you or anyone you know has been a victim of child sexual abuse, contact the offices of Gerson & Schwartz today, so we can help report this abuse with you. Our law firm has worked passionately on child sexual abuse cases for over 40 years in the Miami Dade County are, as well as throughout the state of Florida. We continue to pursue justice for victims through our connections and close relationships with crime victim organizations to aid families in abusive situations. our mission is to represent children and families, regardless of whether or not they are filing a law suit. At Gerson & Schwartz, we are dedicated lawyers, who professionally and continually recover damages for families who cannot fight for themselves.

We will continue our work in protecting the most innocent victims, our nation’s children, from sexual violence and abuse.
Call our offices today (305)371-6000 or email us at info@gslawusa.com
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Four Killed in Three Early Morning South Florida Vehicle Collisions

Fri, 27 Apr 2012 12:07:41 -0500

On Thursday, four people were killed in three early morning motor vehicle crashes on Miami-Dade and Broward County highways. A Miami Herald newspaper carrier and her father who was visiting from Nicaragua were killed in Miami-Dade County while on the way to a warehouse to pick up newspapers for delivery. The carrier, Carolina Cuadra, was driving south on the Palmetto Expressway around 1 am when a pick-up truck driven by 45-year-old Jeff Hood reportedly struck her vehicle from behind. Both Cuadra and her father, Isaac Antonio Lopez, were killed in the crash. Hood was treated on the scene by Miami-Dade Fire and Rescue for minor injuries. According to the Florida Highway Patrol, it is not clear whether alcohol was a factor in the deadly crash but charges are now pending against Hood.

Less than an hour later, a crash in Broward County claimed the life of 22-year-old Sara Ramirez Sandoval of Dania Beach. According to authorities, the accident involved two motorcycles that apparently collided on the Interstate 595 ramp to the Florida Turnpike. Both motorcycle drivers reportedly lost control on a curve, hit a retaining wall, left the roadway, and fell about 30 feet. Following the accident, the driver of the second motorcycle was taken to a local hospital in critical condition.

A few hours later, a hit-and-run crash in Broward County left a 20-year-old Sunrise woman dead. Bertha J. Rodriguez-Garcia was killed on Interstate 595 near Nob Hill Road when she was struck by a vehicle driven by 36-year-old Wilbert Saintubert of Fort Lauderdale. Saintubert allegedly lost control of the car he was driving and struck Rodriguez-Garcia’s Honda CR-V after he was hit by a dark-colored sport utility vehicle that reportedly fled the scene. Rodriguez-Garcia died after being ejected from her vehicle. The Florida Highway Patrol is currently on the lookout for the vehicle that caused the deadly accident.

Unexpected automobile, car, and motorcycle accidents can occur at any time. Tragically, motor vehicle collisions are one of the primary causes of injury and death in the State of Florida. Automobile accidents can cause a wide range of complex injuries and lifelong medical conditions. If you were hurt in a motor vehicle crash, you may be eligible to receive financial compensation for your past and future medical expenses, lost wages, lost earning capacity, suffering, and pain. A knowledgeable South Florida personal injury attorney can assist you.

Drunk Driver, Guillen, Asks Court to Reduce Bond for Caley Camacho's Death

Tue, 24 Apr 2012 11:02:12 -0500

Two weeks ago, 13-year-old Caely Camacho was killed by a drunk driver, Sandor Guillen, in Southwest Miami Dade, Florida. Guillen was driving a 2010 Range Rover on a buses only road at 100 miles per hour, when he slammed into the Chrysler Town and Country Minivan that Caely’s father was driving. Caely and her older sister and father were on the way to school that morning.

Caely Camacho was airlifted to Jackson Memorial Hospital where she later died. Her father and sister suffered minor injuries. According to Local CBS.com, even Guillen suffered serious injuries including a punctured lung and several broken ribs. The Miami Dade Police Department charged Guillen with vehicular homicide, DUI manslaughter, leaving the scene of an accident causing serious bodily injury, and driving without a driver’s license. He was captured after he attempted to flee the accident on foot. A Miami judge set his bond at $1,000,000.

Sunday morning, it was reported that Guillen was trying to get the bond lowered. Caely Camacho’s older sister, who survived the crash, posted a video on her Facebook page pleading the community at large to appear at the courthouse and to sign an online petition, in an effort to keep the bond set at 1,000,000 and Guillen in jail. The Camacho family is concerned that Guillen is a flight risk, given that he fled the scene of the accident after it happened. He would possibly flee the US and go to Nicaragua, his native country.

Unfortunately, the Camacho family's efforts were unsuccessful. Tuesday morning, Sandor Guillen's, bond was reduced to $205,000. He was fitted with an electronic monitoring device and let out of the Dade County Jail on Wednesday. He is currently being held under house arrest and cannot drink any alcohol.

According to the NHTSA (National Highway Traffic Safety Administration), in 2008 one third of all traffic accident injuries or deaths involved drunk drivers. Miami is considered one of the most attractive tourist destinations in the entire world. With so many restaurants and nightclubs, it is a city where drinking and driving is extremely common.

Questions still remain about where Guillen was drinking, and if there are any other parties responsible for this tragedy. Under Florida’s Dangerous Instrumentality Doctrine, the owner of a vehicle is responsible for all harm or damages caused in an accident regardless of whether the owner is operating the vehicle at the time.

Drunk drivers are not only subject to criminal prosecution but also civil liability. Florida Statutes 768.72 allows a party to seek punitive damages when conduct is so reckless that it endangers the life and safety of others. This theory is often applied to drunk driving accident cases.

Victims of drunk driving accidents that have experienced catastrophic injuries or lost a loved one often face financial difficulties and require assistance to carry out daily tasks.
Gerson and Schwartz, PA have assisted numerous accident victims and their families including wrongful death claims, as a result of drunk driving accidents.

For a free consultation, or, if you or somebody you love has been injured or killed in a drunk driving accident visit www.injuryattorneyfla.com or call (305)371-6000

3rd DCA Reverses Trial Court and Orders New Trial In Tobacco Smokers Claim; Gerson and Schwartz, PA wins appeal for late smoker

Thu, 12 Apr 2012 17:13:14 -0500

The Third District Court of Appeal reversed the trial court in Frazier v. Philip Morris USA Inc., and R.J. Reynolds Tobacco Company. The appellate court issued a 25 page opinion reversing and remanding the case for a new trial and stating that the late Phyllis Frazier should have been granted a directed verdict on the question of whether her lawsuit was covered by a four-year statute of limitations from a disbanded smoker class action, the 3rd DCA ruled. Philip M. Gerson and Edward Schwartz, PA with the law of firm of Gerson and Schwartz, PA represented the late Ms. Frazier in a hard fought 6 week trial. The jury deliberated finding that the Plaintiff proved her case on all but one issue.

Polk County Hospital Sued After Nurse Severs Infant’s Finger

Wed, 11 Apr 2012 17:08:33 -0500

A Florida mother has sued Heart of Florida Regional Medical Center and a nurse employed by the hospital for negligence after the nurse allegedly severed part of her 3-month-old daughter’s finger. The baby’s mother, Veronica Olguin, has alleged hospital nurse Emily Anna Stutz negligently failed to follow proper safety procedures while using scissors near her child. Olguin has also accused the hospital of failing to properly train its employees and failing to properly supervise Stutz. In the Polk County Circuit Court lawsuit, the baby’s mother is seeking more than $15,000 in damages.

The lawsuit resulted from an October 2011 incident during which Olguin’s daughter, Selena, reportedly lost half of her left pinky finger. According to Olguin, the nurse was attempting to cut a plastic intravenous tube from Selena’s hand immediately before the baby was scheduled to be discharged from the hospital following a fever. Instead, Stutz allegedly severed part of the child’s finger and ran out of the room screaming. Following the accident, hospital doctors unsuccessfully attempted to reattach the infant’s finger.

An attorney for the child’s mother claims the lawsuit was filed after the hospital refused to respond to his settlement requests. He also stated his client wanted to ensure other children did not become the victims of similar accidents in the future. Olguin reportedly expressed concern that the loss of her finger may result in future emotional damage to Selena. Hospital officials expressed regret over the incident and said the parties had yet to reach a settlement agreement.

An attorney for the nurse stated his client was distraught over the incident and took time off of work immediately following the accident. Hospital officials also stated Stutz is a skilled nurse who made an unfortunate mistake while removing bandages from an infant’s tiny finger. Stutz is still employed as a nurse at Heart of Florida Regional Medical Center.

Each year, many Florida residents are killed or disabled by medical negligence. Health care professionals such as doctors and nurses owe their patients a certain standard of care. When health care providers fail to provide the required level of care or make mistakes, a victim may hold them accountable by filing a medical malpractice lawsuit. If you or a family member was injured by a doctor or nurse, a capable South Florida medical malpractice lawyer can help you preserve your rights.

Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire

Thu, 05 Apr 2012 21:02:32 -0500

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.

Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship", said Attorney Nicholas Gerson of Gerson and Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.

Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

Hit & Run Accidents in Miami Dade: Why are they so common?

Tue, 03 Apr 2012 11:52:48 -0500

Another life has been taken by a hit and run driver in South Florida. Unfortunately, this time it was an innocent 5-year-old child who was riding her tricycle outside her home at a trailer park in Fort Lauderdale. The wrongful death of this child and many others in South Florida who have been killed or injured by hit and run drivers, continue to permeate the news. The Sun-Sentinel has reported that “two suspects have been detained without bond “ for this fatal accident.

Hit and Run accidents are a felony under Florida Law, and there are severe penalties, depending on the level of the perpetrator’s culpability. In this particular case where a small child was killed outside her trailer park home criminal charges could range from 5 to up to 30 years imprisonment. Identifying and uncovering all sources of financial responsibility is going to be important to this family. That is why contacting an experienced personal injury lawyer is always a good idea.

The van’s driver during this incident, Erik Garcia, 19, was driving without a license and was charged accordingly. Furthermore, Garcia was charged with “failure to remain at an accident involving death, failure to use due care” and an immigration investigation is pending as well, based on his Mexican citizenship. Sun-Sentinal.com. The second alleged perpetrator, Mario Alonso Argumedo, 19, “was charged with tampering with evidence, driving with a suspended license and permitting an unauthorized person to drive his white 1997 GMC van.” His bond was revoked due to a pending drug offense.

Under Florida Statute Sec. 316.027 “the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash…”

“Hit and run accidents are inexcusable” Accident attorneys like Nicholas Gerson of Gerson and Schwartz, PA pursues remedies for victims of hit and runs. “Restitution and helping obtain a full cup of justice is always our main focus and goal for all our clients”, said Gerson.

Sources:
Two Men Charged in Hit and Run that Killed Five Year Old (Sun-Sentinel , March 19, 2012)

National Scrutiny Intensifies Surrounding the Shooting of Trayvon Martin: Why wasn’t George Zimmerman Arrested? Washington Weighs In

Fri, 30 Mar 2012 19:10:23 -0500

President Barack Obama has released a statement regarding what happened to young, African American, Trayvon Martin. Martin who was shot and killed in Sanford, Florida, by the notorious volunteer neighborhood watchman, George Zimmerman, was unarmed and had not committed any crime whatsoever. This is “a national tragedy”, said Representative Maxine Waters (D-California). How is that this “hate crime” against a black man (CNN) was committed and no one was arrested? This is the perplexing question that is continually being asked by Americans across the nation.

Unfortunately, “racism is alive and well” said a black veteran U.S. Police officer from Miami, Fl. (Reuters) Thus, the debate continues: Is the Florida “Stand your Ground Law” applicable in a case like this? Why was this man who is not even a police officer permitted to shoot and kill a young man and no arrest was made? Negligent Security attorneys at Gerson & Schwartz understand what remedies Trayvon’s family has in this wrongful death case. First of all, the 911 call made by Zimmerman reveals that the only information he gave to the dispatcher was that he was”wearing a hoodie” and looked as if he was “up to no good”. (Reuters) Civil attorneys like Mr. Philip M. Gerson have years of experience handling cases like this.

Although, the “stand your ground law” passed in 2005 is interpreted to be a self-defense law, this does not mean someone can literally chase down a man who looks suspicious, and base that suspicion on the way he is dressed…or the color of his skin, said Philip Gerson.

All fingers are pointed at the Sanford Police Department for racial profiling. It has become apparent to almost everyone that the color of Trayvon’s skin was a motivating factor for Zimmerman. There is no evidence showing that Martin was threatening Zimmerman in any way, shape or form. The self defense motive that Zimmerman’s lawyer, Craig Sonners maintains would never hold up in court, most likely.

This death was senseless and illuminates just how prolific racism is in our country today. Sonners’ statement that his “client is not a bigot” is bogus. If Zimmerman’s actions were innocent, the entire Sanford Police department would not be under such scrutiny.

As a matter of fact, lead investigator, Chris Serino, has come forward stating that contrary to his own desire to arrest Zimmerman, the State Attorney’s office told him there was not enough evidence for a conviction? (CBS) Clearly, something is not right in this case.

Negligent Security Attorneys Warn Against Sexual Assaults at Miami Beach Hotel

Thu, 29 Mar 2012 19:06:37 -0500

Two cases of sexual assault occurred at the landmark Fountainebleau Hotel and Resort on Miami Beach last week.( The Miami Herald )In each instance, a woman was allegedly attacked and the assailants were both arrested by the Miami Beach Police. Why is it that their level of security does not measure up to the high quality attractions, including state of the art architecture, restaurants, pools, bars and night clubs which are all considered to be among the finest in the city of Miami Beach?

The Fountainebleau had a major renovation recently in which this iconic property was transformed from the Art Deco Era’s mecca to South Beach’s counterpart today. Certainly, the level of security should be expected to compliment the Fountainebleau’s other massive improvements.

In fact, Miami Beach police arrested a 26 year old male, Rafael Mungia, age 23 for allegedly raping a 23 year old woman, a hotel guest who was asleep in her Penthouse room in the Chateau building of the property. At Gerson & Schwartz, PA, we are interested in finding out how this could have taken place. Crime’s like this are inexcusable and should never occur, especially at a property of this magnitude and with such a fine reputation, said Nicholas Gerson.

Following this incident, the Fountainbleu further neglected to beef up their security despite what happened and yet another sexual assault occurred. This time at the pool area, no less, a very public part of the hotel if not the largest public area this resort boasts.

As hotel personnel stood by watching the assailant flee the scene, the victim was “found with an unknown subject” on top of her. (NBCmiami.com) Evidently, cameras captured this incident, yet no security measures were taken to prevent prevent it in the first place. This is grossly negligent of the hotel and its security staff. Attorneys at Gerson & Schwartz, PA have years of experience recovering damages for crime victims like this.

So, how is it that the legendary Fountainebleau Hotel and Resort does not have enough security to prevent rapes from happening right out in the open? They have spent millions of dollars renovating this famous destination property on Miami Beach but obviously have not invested in the security of their guests.

Crime victims such as the women who were vacationing at the Fountainebleau, deserve restitution. Negligent Security issues such as these are a specialty at Gerson & Schwartz, PA. Just last year, Attorneys Philip and Nicholas Gerson recovered 1.5 million dollars for a woman who was raped, who’s assailant was caught on tape.

South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter

Tue, 27 Mar 2012 12:24:58 -0500

Last Friday, a Palm Beach County jury convicted 48-year-old John Goodman of motor vehicular homicide and DUI-manslaughter in connection with a February 11, 2010 car accident that killed 23-year-old Scott Wilson. The jury, which consisted of five men and two women, deliberated for approximately five and one-half hours and during that time requested to listen to 911 calls made after the accident. Goodman was immediately taken into custody and transferred to Palm Beach County Jail following the jury’s verdict. He now faces a maximum of 30 years in prison. Goodman is scheduled to be sentenced on April 30th.

The case made headlines across the world after polo magnate Goodman, who is an heir to a $1.4 billion Texas air conditioning fortune, adopted his 42-year-old girlfriend last fall. At trial, Goodman was accused of speeding while intoxicated in his normally chauffeured Bentley, running a stop sign, and crashing into Wilson’s vehicle. He was also accused of leaving the scene of the collision and waiting more than an hour before he notified authorities about the accident. Instead, Goodman purportedly walked away and called his girlfriend. Meanwhile, Wilson drowned in his Hyundai which landed on its roof in a nearby canal.

Goodman’s defense claimed the man sustained a concussion in the accident and did not realize Wilson’s car was upside down in the canal. Goodman testified that although he tried to stop at the stop sign, his Bentley malfunctioned and sped forward out of control. The defense team also provided testimony from an expert who stated the throttle on Goodman’s vehicle was stuck open before the accident. A juror stated after the trial that the expert’s testimony did not appear to be credible.

Following the crash, Goodman’s blood alcohol level was .177, more than double Florida’s legal limit of .08. Goodman testified that he was not driving while drunk. He claimed he drank the alcohol found in his system following the crash at a barn owned by a fellow polo player. Goodman stated he drank the alcohol merely to ease the pain of a broken bone. Prosecutors offered eyewitness evidence Goodman consumed at least four alcoholic drinks prior to the crash. The jury reportedly did not believe Goodman's account of the evening. Goodman is also facing a $100 million wrongful death civil suit filed by Wilson’s parents.

What rights do Crime Victims of any Race truly have?

Sat, 24 Mar 2012 15:49:34 -0500

The Sanford Police department is under intense scrutiny, after an investigation that is being referred to as one of the most media driven murder cases of this year floods the news. Trayvon Martin, an African American 17 year old boy was shot and killed by a Hispanic man, George Zimmerman, a volunteer neighborhood watchman patrolling his garden apartment complex on February 26, 2012. Trayvon had just finished purchasing a package of skittles candy and an Arizona ice tea at the local 7-11, when he was shot by Zimmerman.

Despite Zimmerman’s claims that, he was attacked by Trayvon and that he was acting in self defense, the community at large and now, the nation at large, believes that shooting this black man with a “keltek 9mm semi automatic handgun” was completely unnecessary. Trayvon did not have a weapon aside from an unopened pocket knife and was heard by witnesses crying and screaming. Sanford Police Chief Brian Lee, has “temporarily stepped down” from his position due to the has been criticism to put it mildly for poor investigation and police efforts to lead to an arrest of the shooter. Important pieces of evidence have been discovered which were not considered during the investigation including Trayvon’s phone records indicating he called his girlfriend right before he was shot, and that Zimmerman’s clothes were bloodied.

The most disturbing aspect of this story, is that the Sanford Police neglected to arrest Zimmerman in connection with the death of Martin, claiming there was no supporting evidence. Since then however, public opinion has been exactly the opposite. Presently, the Sanford Police are being blamed by everyone from Congress to the Al Sharpton for an unacceptable job in this investigation.

Another Cruise Ship Crash: Will It Ever End?

Wed, 21 Mar 2012 11:31:35 -0500

Will it Ever End?? When is it going to stop? Yet another cruise ship crash has occurred over the last 24 hours near Halong Bay, Vietnam. This time it was the, "Silversea Shadow", which collided with a container ship under foggy conditions. What is the reason for these life threatening cruise ship crashes in today’s technologically advanced era? These ships have radar, sonar, and satellite communications. So, is it due to human error, once again? Why can’t the maritime industry prevent these catastrophic occurrences on the water? At Gerson and Schwartz, PA we bring claims against cruise ships for their negligence. Attorney, Nicholas I. Gerson, a maritime injury lawyer with the firm believes “our cruise ship executives need to be held 100% responsible for the hiring of their captains and their crew. More frequent, monitoring of the ship’s technology is imperative. Prevention is the answer“ says Gerson. More regulatations, more saferguards, and better hiring practices are the keys to ensuring the safety of our passengers, crew members, and environment. For more information about Gerson and Schwatz PA, contact 305-371-6000 or visit us online by clicking this link