Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur. You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a…
Florida Injury Lawyer Blog
Novosett v. Arc Villages – Nursing Home Arbitration Agreement Scrapped for Damage Caps
Florida’s 5th District Court of Appeal scrapped a nursing home arbitration agreement because of an unenforceable damage cap contained therein – one that the court said went to the financial heart of the agreement. In Estate of Novosett v. Arc Villages, the court decided that because this part of the…
Medical Malpractice Damage Caps to be Considered by Florida Supreme Court
The Florida Supreme Court has agreed to consider whether the 4th District Court of Appeals made the right call in finding damage caps on personal injury verdicts stemming from medical malpractice unconstitutional. In the case of North Broward Hospital District v. Kalitan, defendant appeals finding that the $500,000 damage caps…
Florida Drunk Driving Lawsuit Stalls
Florida’s dram shop law may offer monetary relief for drunk driving accident victims – but only under limited circumstances. As far as dram shop laws go, Florida’s is one of the most narrow. Codified in F.S. 768.125, the measure protects persons and business establishments that furnish alcoholic beverages to those…
Defective Hip Implant Verdict for $502 Million Against J&J
Johnson & Johnson, along with its subsidiary DePuy, recently lost a $500 million lawsuit in a consolidated case of five Texas patients who suffered serious injury as a result of defective hip implants. The patient accused the company of concealing the design flaws and dangers of its Pinnacle artificial hip…
Dupuy v. NMC Operating Co. – Dirty Surgical Instruments Cause Illness
Fort Myers medical malpractice lawsuits are different from other kinds of claims alleging general negligence. Basically, cases against doctors, nurses and other health care professionals are held to a higher standard than other types of claims. It’s not enough that there was a bad outcome or even to show that the…
Pornomo v. U.S. – Court Puts Brakes on Bus Accident Case
Concerns about bus and motor coach safety have increased in recent years with a number of high-profile accidents, many resulting in multiple fatalities. Motor coaches are widely used for a variety of trips, including school sporting events, family vacations and outings for seniors. But a number of serious crashes have…
Rish v. Simao – Low-Impact Defense in Car Accident Lawsuit
In some Fort Myers car accident lawsuits, defendants will allege injuries or damages incurred by plaintiff were not as serious as he or she has stated because the crash was low-impact. However, just because a crash happened at a relatively low speed does not mean serious injury is an impossibility.…
Florida No. 1 for Motorcycle Fatalities
Florida drivers can expect to see more motorcyclists on the roads this month, an estimated 500,000 motorcycle enthusiasts come rumbling into the state for Daytona Bike Week, which stretches through the first and second weeks of March. Many of those bikers are from out-of-state, and many take the opportunity to make a…
PJ Scheiner Speaks at 2016 Anatomy of a Personal Injury Lawsuit Seminar
Preston J. Scheiner, a trial attorney at Bruce L. Scheiner, Attorneys for the Injured, recently spoke at the national Anatomy of a Personal Injury Lawsuit Seminar in Scottsdale, Arizona. The conference, held last month, was a feature event to highlight one of the best new personal injury lawyer resources available,…