A woman seriously injured when a train derailed in West Virginia will have to endure a second trial after a federal appeals court ruled the trial court erred on an essential legal question. The U.S. Court of Appeals for the Fourth Circuit found no fault with the trial court in…
Florida Injury Lawyer Blog
Florida Bicycle Safety: Improvements on the Horizon
There are still plenty of reminders in the headlines that Florida is not a safe place for bicyclists. For example, there was the fatal bicycle crash on the Julia Tuttle Causeway in Miami in which a cyclist in his 20s died after being a struck by a vehicle after another…
Westin v. Groh – Hotel Liability for Drunk Driving Injury
The Colorado Supreme Court recently ruled a young women severely and permanently disabled in a drunk driving accident may proceed with her case (via her parents) against the hotel from which she and several friends were evicted around 3 a.m. after a night of partying – despite pleas from the…
Fatal Florida Crash at Closed Race Track Raises Questions
Drivers who want the thrill of getting behind a luxury car or revving the engine on a high-powered vehicle have the option of patronizing one of 50 race tracks located throughout the state – including one in Naples and another in Immokolee. But these experiences are not without risk, as…
Broom v. Wilson Paving & Excavating – Trench Collapse Injury Spurs Third-Party Lawsuit
A temporary laborer hired to help on a high school stadium construction project sustained serious injuries his first day on the job when a trench collapsed. He ultimately secured a $1.15 million judgment against the paving company in a third-party lawsuit, and the Oklahoma Supreme Court recently ruled those funds…
Evans v. McCabe – Florida Dram Shop Lawsuit to Proceed
Florida dram shop liability laws exist so that those harmed by drunk drivers may collect damages from entities that knowingly served alcohol to minors or people known to be habitually dependent on alcohol. Dram shops are any establishment that serves alcoholic beverages to the public. In addition to allowing an…
South Florida Tourist Injury Critical, Driver Arrested for Hit-and-Run
Florida is a prime destination for people from all over the world at all times of the year. In addition to warm sandy beaches and popular theme parks, there are countless music festivals and concerts, art shows, cruise line departures, resorts, boating, water sports, diving, race tracks, casinos, golf courses…
Bartlett v. Commerce Ins. Co. – Timely, Properly File Auto Insurance Claims
As far as insurance coverage goes, plaintiff in Bartlett v. Commerce Ins. Co. was fairly well situated to fully recover damages for injuries sustained in a motorcycle accident. After all, she had a total of five insurance plans that provided some degree of coverage for her injuries. However, because not…
Study: Impact Absorbent Floor May Reduce Injuries to Nursing Home Residents
Swedish researchers recently tackled the issue of falls in nursing homes in an effort to explore outside-the-box ways of preventing serious injury. The Centers for Medicare and Medicaid Services report notes the incidence rate for falls in nursing homes is about three times the rate of those who live in…
Report: Texting Bans Lead to Drop in Car Accident Injuries
A new study reveals the numerous state-level bans on texting-while-driving may actually be having their intended effect. Researchers from the Texas A&M School of Public Health reported hospital emergency room visits within the 45 states that had enacted some type of texting restriction for drivers between 2003 and 2010 dropped…