Fort Lauderdale Injury Lawyer Blog

New Cruise Ship Law regarding Sexual Assault

Tue, 20 Jul 2010 11:53:34 -0500

In the past, women who have been sexually assaulted while on a cruise were not provided virtually any medical treatment or forensic services while on board the ship.

Recently more attention has been focused on sexual assault and other crimes committed against women on cruise ships. Various victims advocacy groups have contended that cruise ship crimes are a significant problem and have pushed Congress for better laws governing these types of crimes.

Congress recently enacted the "Cruise Vessel Security and Safety Act." This act requires the cruise ships to provide women with access to national sexual assault hotlines if they are claiming that they have been the victim of a sexual assault. These women would also be entitled to a sexual assault forensic exam and medications to prevent sexually transmitted diseases. Cruise ships will also be required to install peep holes and security latches on cabin doors. The cruise lines will also be required to report these incidents to the FBI.

The practical effect of this legislation will be to help reduce the chances that a victim of sexual assault will contract a disease from the incident and increase the chance that the perpetrator will be apprehended. Previously, when a women claimed she was assaulted, the cruise ships did not have any kits available to preserve the forensic evidence and this made it much more difficult for allegations of assault to be proved.

The "Cruise Vessel Security and Safety Act" is a welcome change. Cruise ships, instead of being primarily concerned with avoiding civil liability to the victims of assault, must now address their medical needs and take reasonable steps to preserve the evidence and report the crime.

Florida Girl in boat attacked by Giant Barracuda

Wed, 30 Jun 2010 10:56:01 -0500

You are probably wondering what this blog has to do with personal injuries and wrongful death and the answer is: not much. I just thought it was interesting

Koral Wira, 14, was fishing with her family for barracuda and shark in the Gulf of Mexico about four miles outside the Venice Inlet on the west coast of Florida. After a 4 foot barracuda bit into the bait, it jumped from the water and landed inside the boat. The barracuda locked onto the girl's arm and with its sharp teeth shredded her flesh. The wound took 51 inches to close. The girl's father reacted quickly and stabbed the barracuda with a knife in between its eyes. While extensive, her injuries were not life-threatening.

If you own a boat, this interesting but terrible case underscores the need to have liability insurance on the boat as well as health insurance that will cover yourself and family. All sorts of unexpected events can occur while you are out in the ocean which can result in injuries and potentially liability to the owner. While this barracuda attack is a freak event, it is not uncommon for people to be injured as a result of mechanical difficulties or operational errors.

Ex Fort Lauderdale Cop on trial for vehicular homocide

Thu, 24 Jun 2010 10:57:45 -0500

In 2006, former Fort Lauderdale Police Officer, Alexander Griss, while driving his cruiser over 90 mph hit and killed a woman. He was not responding to a call, nor was he even on duty.

Griss was fired from the Fort Lauderdale Police Department and his trial has begun for the vehicular homocide of the woman that died in the accident. If convicted, Griss faces a maximum penalty of 15 years in prison.

The woman of Lauderdale Lakes, was struck by the cruiser at Southeast 21st Street and Federal Highway in the early morning on June 19, 2006. She was propelled over 100 feet. The police car had jumped a concrete median crossed into the opposite traffic and came to rest in a field. The black box from the cruiser revealed that it was going about 90 mph in a 40 mph zone.

The Fort Lauderdale Police Department's internal investigation found that he frequently operated his cruiser at excessive speeds while working and off-duty. In the month prior to the accident, Griss drove over 90 mph at least 90 times on various according to the investigation.

The Fort Lauderdale Police Department may also be exposed to civil liability as the owner of the car involved in the accident. Given Griss' apparent propensity for speeding, there may also have been some negligence in his hiring, retention and supervision. Currently, Florida's sovereign immunity law applies which would limit damages to $100,000, possibly $200,000 absent a claims bill.

Flat Bicycle Tire resulted in Boy's Death

Mon, 14 Jun 2010 16:27:28 -0500

A 9-year-old boy was killed while riding his bicycle at Disney's Fort Wilderness Lodge in April. The boy was killed after the bicycle he was riding struck the left side of a passing Disney bus near the campground. Although wearing a helmet, he died instantly when he was run over by the rear tire of the bus.

The bicycle, a Mongoose "Outer Limit" dirt bike, was in an "unsafe condition," according a report by the Florida Highway Patrol which investigated the accident. According to the report, the bike's front tire was under-inflated and the rear tire had "no measurable air pressure," the report states.

The Disney bus driver, who was not charged with any traffic citations, claimed he saw the boy operating his bicycle normally just before the impact.

This tragic case highlights the importance of total bike safety. Not only should young children wear helmets, but parents also need to vigilant as to other factors such as the operating condition of the bicycle and driver visibility. Tires should be checked (preferably with a tire gauge) before riding and if they are low, they need to be inflated. Brakes as well as other bicycle components should be examined periodically. Lastly, the bicycle's reflectors and lights should be operational so that they are visible in low light. Every little bit helps -- the child's clothing should be bright enough not to blend in with the roadside.

While we will probably never know what the precise cause was for this horrible accident, a young child riding a bicycle on the road is always exposed to traffic. We must always try to stay one step ahead.

Astra Zeneca agrees to $520 million fine

Wed, 28 Apr 2010 12:40:41 -0500

Mega drug company Astra Zeneca has agreed to pay $ 520 million to resolve charges that it unlawfully pushed a powerful anti-psychotic medication to treat medical problems that it was never approved for the Food and Drug Administration.

Astra Zeneca, although continuing to deny that it did anything wrong, will nevertheless poney up over a half billion dollars.

According to the government prosecutors, Astra Zeneca improperly promoted the drug Seroquel as a treatment for Alzheimer's, anger management, depression and sleeplessness, despite only having the required approval for schizophrenia, bipolar depression and bipolar disorder in the country. This marketing campaign resulted in false claims for payment being made to government health programs such as Medicaid, the government claimed.

Astra Zeneca also violated 'anti-kickback' laws by compensating physicians recruited to put their names on articles written about off-label uses of Seroquel, according to the government. This practice is often referred to in the industry as "ghost writting."

Attorney General Eric Holder emphasized that "[t]hese were not victimless crimes - illegal acts by pharmaceutical companies and false claims against Medicare and Medicaid can put the public health at risk, corrupt medical decisions by health care providers, and take billions of dollars directly out of taxpayers' pockets." Holder stated that the fine largest amount ever paid to settle an off-label marketing allegation that doesn't involve criminal charges.

Once again Big Pharma placed profits over the safety of the people using its products. The wrongful prescription of Seroquel can result in a number of unnecessary symptoms including weight gain, hyperglycemia and diabetes. Presently, Astro Zeneca is being sued for damages arising out of this marketing campaign. If you or anyone else you now has suffered injuries as a result of Seroquel, please contact us.

Florida House to reinstate child liability waivers to protect businesses

Tue, 20 Apr 2010 10:12:23 -0500

The Florida House is considering a bill to allow waivers of liability signed by parents in favor of businesses involved in high risk activities for children such as theme parks, go-cart tracks and other businesses. The bill has already been passed by the Senate and will go to the House for vote.

In Kirton v. Fields, 997 So.2d 349 (Fla. 2008), the Florida Supreme Court, held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. In the Kirton case, a 14-year-old boy was killed while riding an all-terrain vehicle at a commercial track. The Florida Supreme Court allowed the boy's family to sue the track even though his father had signed a liability waiver.

The Republican dominated Florida House and Senate appears to be more concerned with the profitability of its business constituents and corporate donors then the welfare of children. If pre-injury releases are permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed. Moreover, as a provider of the activity, a commercial business can take precautions to ensure the child's safety and insure itself when a minor child is injured while participating in the activity. On the other hand, a minor child cannot insure himself or herself against the risks involved in participating in that activity.

Florida law targets Pit Bulls

Tue, 13 Apr 2010 09:45:28 -0500

A bill is pending before the Florida legislature in Tallahassee which could make it more difficult for people to own pit bulls and impose tighter regulations on owners. This bill represents a response by Florida politicians to numerous citizen reports of attacks by pit bulls. Legislators are proposing a bill that would give communities the right to regulate dogs based on breed and the target is pit bulls. Cities and municipalities could require pit bull owners to purchase additional insurance or even have their dogs wear muzzles when they are out in public.

Currently the cities of Hollywood and Fort Lauderdale do not have laws on their books which are capable of regulating the ownership of pit bulls differently from other more docile breeds.

Critics of the bill, not surprisingly, are pit bull owners and conservative republicans who believe in less governmental regulation. Their argument is that essentially we should not believe our "lying eyes" -- pit bulls are just gentle, lovable creatures like golden retrievers. They argue that the reason for the apparent disproportionate number of pit bull attacks is soley because of the owners and that any aggressive behavior is not inherent to the breed. Pit bull proponents apparently believe that the numerous pit bull attacks that we read about in the paper are the result of incompetent owners or are simply exagerrated.

"Let's do more important things than that," said Kim Godin, a pit-mix owner, who dismisses the purpose of the proposed legislation. If you are familiar with the violent propensities of the breed, it is hard to imagine that protecting children and others from the serious injuries that can result from these kinds of attacks is "unimportant."

Florida law does not presently permit cities like Fort Lauderdale and Hollywood to amend their municipal codes to target dangerous breeds like pit bulls. Florida has had a ban on breed-specific laws since 1990. The inability to enact dog specific rules for owners effectively prohibits cities in Broward County and elsewhere from impodinh reasonable requirements for pit bull owners such as purchasing insurance for their dogs in the event that they attack someone.

The time for turning a blind eye to these types of attacks is running out. There are far too many pit bull complaints by Florida citizens for the legislature to continue to do nothing. The pending bill will make Florida's streets safer for families. For those individuals who insist that only a cuddly pit bull puppy (rather than some other breed of dog) can fulfill their need for "man's best friend," then it is time for you to take some responsibility in the event your dog bites some one else.

Florida Legislature limits compensation to accident victims

Mon, 29 Mar 2010 14:45:50 -0500

Florida's sovereign immunity law caps payment on negligence claims against the State of Florida and other governmental entities at $100,000 per person and $200,000.00 per claim, if there is more than one person suffering damages. Unfortunately in the most tragic cases, the damages to the injured person or their families far exceeds this amount. It is not uncommon to see jury verdicts against the State of Florida or cities like Fort Lauderdale or Hollywood, for damages in excess of seven figures, particularly where there is the wrongful death of a parent or child or some poor soul is confined to a wheel chair for the rest of their lives as the result of the negligence of a state or governmental worker. In these types of cases, the economic damages alone such as medical bills, can run into the millions of dollars.

Where the circumstances surrounding these cases is particularly tragic and the verdict greatly exceeds the cap, the victim or their family may attempt to seek additional compensation through a claims bill. A claims bill is sponsored by a legislator and presented to the Florida legislature for approval and determination of the additional amount to be paid.

Historically, the Republicans in the Florida legislature have often disapproved claims bills due to a reluctance to compensate accident victims from state or city funds, even though the damages were a result of negligence by a state or governmental employee.

In this time of economic uncertainly, however, Republicans can justify non-payment of claims bills by citing to the short fall of public funding available. House Speaker Larry Cretul last month issued a memo indicating he would be using strict criteria to determine whether a claims bill would be heard in the chamber: the bills must involve local governments in good financial standing and request no more than $500,000 from the state for the victims. This arbitrary cap, regardless of how much in medical bills or damages have been incurred, directly effects those accident victims most seriously damaged.

Given the current climate, only 5 claims bills out of 30 have a chance to be approved. In light of the state's budgetary circumstances, there may be claims that have or will be filed that cannot possibly be funded this year,'' Cretul wrote.

While, not every person who seeks a claims bill from the Florida Legislature can recover, this process should not be used as a political football by the politicians in Tallahassee at the expense of those persons and families who are in the greatest need as a result of governmental negligence. The Florida legislaure should find a way to fairly evaluate these claims bills and to reimburse these victims promptly and fairly.

Florida House of Representatives ready to extend wrongful death statute of limitations

Thu, 18 Mar 2010 13:52:39 -0500

The Fort Lauderdale Sun-Sentinel reports that a bill pending before the Florida House of Representatives in Tallahassee, Florida, would allow families to file a civil suit in "cold cases" in which the killer or perhaps the body is not discovered until years after the crime. Currently, Florida's wrongful death statute has only a two year statute of limitations which basically requires that any civil lawsuit arising out of a death must be filed in court within two years of the date of death or it will be forever barred.

The current two year statute of limitations in Florida has the practical event of preventing the filing of wrongful death lawsuits in murder and other types of cases because where the wrongdoer's identity is not known until long after the death occurred. In cases where the victim dies and there is no one on the scene to identify the tortfeasor, it is not uncommon for them to flee rather than to wait around and identify themselves to authorities.

This bill (HB1) -- that will remove Florida's two-year statute of limitations on wrongful death claims -- resulted from the dedicated efforts of the family of Jeffrey Klee, deceased, and would bear his name.

Klee's remains were located in a van at the bottom of Coral Springs Canal in 2008, over-31 years after he disappeared. Police believe Klee was murdered by a "friend," who later admitted to pushing the van, with Klee's body in it, into the canal. Even though this person acknowledged pushing the van into the canal, Klee's family was unable to sue him in civil court for wrongful death because the two-year statue of limitations had long since expired. The law applies prospectively to future cases only.

The legal justification for statutes of limitations is based on due process considerations for potential defendants. It is reasoned that the longer the time period between the date of the alleged wrongful conduct and the date that the lawsuit is filed, the more difficult it is for the defendant to obtain the evidence required to mount a defense. Witnesses' memories fade over time and the opportunity to take photographs may be gone.

Notwithstanding these considerations, this bill is a much needed recognition by the Florida legislature that a victim's family should not be precluded from seeking justice in situations where it was impossible to file the lawsuit within the two-year statute of limitations. Also, it is somewhat suprising that this bill has progressed, given the current pro-business, anti-consumer climate in Tallahassee. As a practical matter, this case would not significantly increase the number of wrongful death cases filed in court since only a very few cases involve situations where the identity of the wrongdoer is not known within two years. Nonetheless, it is a good bill which deserves to be the law in the State of Florida.

Delray Beach, Florida high school coach accused of improper physical contact

Thu, 11 Mar 2010 11:02:19 -0500

Usually a school is thought of as a safe haven where students are protected from the types predators who roam outside the campus. Sometimes, however, the danger to students can come from within.

At Atlantic High School in Delray Beach, Florida, the track and football coach was arrested recently on misdemeanor battery charges, accused of groping one student and biting another, according to records.

James "Andre" Thaddies, 40, was arrested on March 3. According to school police two female students reported Thaddies touched them inappropriately without their permission. One track student reported Thaddies tried to touch her, she resisted, and he then grabbed her by the wrist and called her "retarded." The second student said that Thaddies bit her in the neck area, but did not break skin, according to the report.

The Palm Beach County school district assigned Thaddies administrative duties and no longer allowed him to teach students, effective Feb. 24. The Atlantic High football team, under Thaddies, enjoyed winning seasons.

Thaddies, it appears, had a suspected background of inappropriate conduct with female students at a Minnesota high school where similar accusations were made. According to Minnesota court documents filed in 2000, Thaddies, admitted to providing alcohol to an underaged gil and resigned after being suspended. Police investigated, but Thaddies was not charged with any sexual misconduct.

High schools in the State of Florida have the legal duty to investigate the background of teachers and other potential employees who may be in contact with their students. This is because teachers and administrators stand in the shoes of the parents while a minor student is on school grounds. Mandatory schooling has forced parents into relying on teachers to protect children during school activity. Accordingly, where the school fails to adequately investigate the background of a school teacher or administrator who abuses a student on school grounds, the school may be liable for negligent hiring and/or supervision.

Funeral for Broward boy accidentally shot by brother

Thu, 04 Mar 2010 17:12:22 -0500

Children being shot by other children is an all too common occurence. In South Florida, it happened again. A funeral service is set for an 11-year-old Deerfield Beach, Florida, boy who was accidentally shot to death by his younger brother.

The boy's 10-year-old brother, whose name has not been released, shot him in the face when they found a gun in their father's Dodge pickup truck, according to a Broward Sheriff's Office report.

Their father had sent the boys out to his truck to pick up his coat according to the Broward Sheriff's Office. The father was in his apartment when the shooting happened.

Child-welfare officials who investigated the case said the father had not neglected his children. The Florida Department of Children & Families determined it is safe for man's 14-year-old daughter and surviving son to continue living with him

Authorities said the shooting was an unintentional accident. Florida records show that the father has a valid concealed weapons permit.

Broward detectives completed their investigation and have presented their findings to the Broward County State Attorney's Office. The state attorney's office in Fort Lauderdale is reviewing the file to determine whether to file criminal charges. If such charges were filed, it would be the least of the parents' concerns.

This case represents another tragedy which could have been avoided. Any time young children are near loaded guns, people need to be be alert that something like this can happen. Florida law requires that in households with children, loaded guns must be kept out of the reach of children or secured with a trigger lock or like device.

What You Can Do to Protect Yourself and Your Family after an Accident!

Thu, 25 Feb 2010 10:26:53 -0500

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

Toyota denies electronics the cause safety problems

Tue, 23 Feb 2010 12:44:22 -0500

Toyota continues to insist at Congressional Hearings that the electronics its cars were not the cause of the sudden acceleration. Various members of a congressional panel responded that it should not be ruled out. Toyota maintains that the "stuck gas pedals" were caused by one of two problems -- misplaced floor mats and sticking accelerator pedals.

Toyota's president. Akio Toyoda, is scheduled to testify before the congressional panel and stated he took "full responsibility" for the uncertainty felt by Toyota owners. He offered his condolences to a San Diego, Calif., family who were killed in late August. "I will do everything in my power to ensure that such a tragedy never happens again," Toyoda said in prepared testimony for Wednesday's hearing to the House Government Oversight Committee. "My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers," Toyoda said.

Congress is investigating Toyota's problems. Toyota has recalled more than 8 million vehicles worldwide -- more than 6 million in the United States -- since last fall because of sudden acceleration problems in multiple models, braking issues in the Prius hybrid and steering concerns in the Corollas. People with Toyotas have complained about their speeding out of control in their efforts to slow down, sometimes resulting in deadly crashes. The government has received complaints of 34 deaths linked to sudden acceleration of Toyota vehicles since 2000.

Representative, Henry Waxman, D-Calif., chairman of the full Energy and Commerce Committee, rejected Toyota's position that its electronics could not possibly be the cause and said this should have been investigated more thoroughly by the company. Waxman was also critical of the federal government saying: "Toyota failed its customers and the government neglected its responsibilities."

Congressman, Bart Stupak, of Michigan said Toyota "all but ignored pleas from consumers to examine sudden unintended acceleration events. . . .They boast in a briefing of saving Toyota $100 million by negotiating a limited recall. They claim that they first became aware of sticking pedals in late October of 2009 when in fact they had received numerous complaints many months and years earlier. . . .They misled the American public by saying that they and other independent sources had thoroughly analyzed the electronics systems and eliminated electronics as a possible cause of sudden unintended acceleration when, in fact, the only such review was a flawed study conducted by a company retained by Toyota's lawyers."

The current wave of sudden acceleration incidents involving many of Toyota's most popular models will almost certainly end up being litigating in the courts. These product liability suits will be for wrongful death and other serious personal injuries. Given the unfavorable climate surrounding Toyota, that company may be inclined to resolve these suits quickly rather than drag them out and create more unfavorable publicity.

Broward man to be paid for wrongful jail term

Wed, 17 Feb 2010 10:49:01 -0500

Leroy McGee's nightmare with Florida's criminal justice system began in 1991, when an armed robbery was committed by someone else at a Chevron gas station on Oakland Park Boulevard in Fort Lauderdale, Florida. There was not any physical evidence to place him at the scene. His time card from his job as a custodian at Fort Lauderdale High School showed that he was at work. Nevertheless, the gas station clerk picked McGee from a lineup.

Despite the overwhelming evidence that McGee was not involved with the robbery, a Broward County jury convicted him of the crime. As a result, McGee spent almost 4 years in a Florida prison for a crime he did not commit.

Leroy never gave up on his claim of innocence, even after he was released from prison. An attorney was eventually appointed to review his claim and discovered a number of shocking errors. Eventually, a Broward County judge threw out the charges and Broward County State Attorney's Office never charges refiled against Mr. McGee. Now, he is a free man not looking at the possibility of being prosecuted again.

Although McGee obviously enjoys his new freedom, it is impossible to overstate the devastation caused by the time rotting away in a prison cell. Florida law allows for compensation to wrongfully imprisoned people. But the law excludes from compensation anyone with a prior felony conviction even though that person should never have been there in the first place. Also, the law requires a claimant to jump through certain "legal hoops" which are so complicated that an attorney will typically be required to process the claim. Despite the fact that a lawyer is often required to process the claim, the act doesn't provide for attorneys' fees.

Eventually McGee was paid $179,000.00 for his wrongful imprisoment. Obviously, McGee can never be totally reimbursed for what he endured. His wife divorced him while he was in prison. He missed out on seeing his children grow up. He was never quite able to resume his job, the way it had been before the wrongful conviction. Since it is impossible for McGee to get the time back that he lost in prison, money damages is the best remedy that our legal system can provide.

Opponents of the tort system (usually corporations who stand to gain the most if they have zero responsiblity for their misconduct), have launched expensive publicity campaigns to complain about damages for "pain and suffering," as if they do not really exist. Although non-economic damages such as Leroy McGee's do not have an exact dollar amount, under the law they must be "reasonable." What is reasonable is usually determined by a jury, which should continue.

Whatever you think about a victim of a tort recovering money damages, the $179,000.00 paid to McGee under Florida law, can never begin to compensate him for the anguish he endured in prison. Advocates for tort reform, who like to cite to unusual cases as support for their position, well certainly never make mention of Leroy McGee's wrongful imprisonment or the minimal compensation he received.

Broward County's all time dumbest white collar criminal -- Scott Rothstein?

Wed, 10 Feb 2010 16:28:08 -0500

It has been said that: "Money doesn't talk . . . . it screams!" Apparently, the massive amounts of stolen funds that Scott Rothstein threw around to various people managed to create an impression of a man who appeared far more intelligent then he actually was. One example of this is found in the recent comment of the CEO of Qtask, a company which Rothstein invested $7 million of stolen investment funds with.

The Miami Herald reports that attorneys for the bankruptcy trustee for Scott Rothstein's $1.2 billion Ponzi scheme subpoenaed records from a California company, Qtask. In addition to investing millions of dollars with Qtask, Rothstein and various lawyers with his now defunct Fort Lauderdale law firm, Rothstein, Rosenfeldt and Adler, used the company's server to chat among themselves and with others. Qtask bills itself as maintaining a secure computer server designed to house confidential communications. Apparently, Rothstein was concerned about the privacy of his e-mails.

The Rothstein communications that were subpoenaed by the trustee from Qtask might disclose some of his partners in crime. Despite being subpoenaed in December,Qtask still has not produced any records, according to a motion filed in federal bankruptcy court in Fort Lauderdale, Florida, by the attorneys for the trustee.

Russel Mix, chief executive of Qtask, claims that he is trying to comply with the subpoena, but found it hard to believe that Rothstein could be so stupid as to use Qtask's system to engage in criminal chat. "If there was [illegal activity], then these would be the dumbest criminals of all time,'' Mix said. ``Whatever you put in [the Qtask server] becomes permanent.''

Mix, it appears, is attributing to this disbarred lawyer far more street smarts than he deserves. Maybe it was the $7 million Rothstein invested in his company, Qtask, that made him believe that Rothstein was something other than "dumb." Although Rothstein implemented a grandiose Ponzi scheme, it appears that his criminal plan was myopic at best. How long did Rothstein really think he could continue to make the payments that he promised to his investors when he outsourced ridiculous amounts of cash on whatever crazy idea "came across his desk?" Tens, perhaps hundreds of millions of dollars, were blown on restaurants, cigar bars, watch companies, charities, and not one, but two Bugatti automobiles -- each priced at over a million dollars.

Had Rothstein, the grand Ponzi schemer, just been a little bit more discriminating in the way he spent his newly found stolen money, he might have stayed out of the cross-hairs of law enforcement. Rothstein should have realized that he could not afford to throw away millions of dollars on any whimsy that struck his fancy, even if he could continue to find new investors for his Ponzi scheme. For appearances sake, if nothing else, Rothstein needed to maintain some semblance of cash on hand in order to continue to make the monthly payments that he promised to return to his investors. Given the number of people he duped, these payments were substantial and if these payments were even one day late, suspicion would be aroused.

At the end of the day, and contrary to what Mr. Mix apparently believes, Rothstein may well have have been one of the "dumbest white collar criminals of all time." If not "all time dumb," then at least one of the dumbest by Broward County standards. Even the most mediocre of criminal minds (and Rothstein was certainly one of them) had to be thinking about some sort of "exit strategy" or at a minimum, a way to delay detection or to flee. Unlike Bernie Madoff, however, Rothstein simply didn't have the brains to fend off discovery of his Ponzi scheme for more than just a few years.

Getting back to the communications subpoenaed from Qtask, maybe as Mr. Mix has suggested, these will all be benign and nothing new will be discovered. Then again, given Rothstein's "brilliance," he may well have been dumb enough to memorialize his scheming on the Qtask server. Only time, and the communications from Qtask, will tell.

Rothstein's ingenious escape plan was to fly to Morocco on a private Gulfstream jet, then return to South Florida where he quickly surrendered to federal authorities. He then plead guilty to five federal charges and is looking at up to 100 years in prison, which will be determined at his upcoming sentencing hearing this May. For his brief stint as the "most popular" guy in Fort Lauderdale, Rothstein will be waking up every morning for the rest of his life to the same glorious view -- the concrete walls of his jail cell.