Florida Injury Lawyer Blog

Proud to Support Cape Coral Bike Night

October 7, 2009 | Associates and Bruce L. Scheiner

Tailpipes rumbled and music played on Saturday, October 3rd, when Cape Coral’s first Bike Night of the season rolled into downtown’s “restaurant row.” A popular event for bikers and bike lovers that draws thousands of enthusiasts into the Cape’s 47th Terrace business area. This month’s Bike Night happened thanks to the support of some prominent local businesses.

“We are proud to show our support of the local motorcycle enthusiasts’ monthly events. We enjoy being a part of it and meeting so many good people”, said Bruce L. Scheiner, founder and senior attorney of the personal injury law firm that bears his name. This year, the City of Cape Coral’s Parks & Recreation Department, like most municipalities, has been experiencing budget concerns, so it was crucial for local sponsors to step up in order to keep the event rolling. As the Title Sponsor, Associates and Bruce L. Scheiner, Personal Injury Lawyers manned a booth at the show to hand out information about motorcycle rider safety, and show bikers that it cares about smart riding practices. “Southwest Florida is a terrific place to enjoy riding a motorcycle. We feel it’s an honor to share valuable information on rider safety with those who feel the same way”, noted Scheiner.

Florida Department of Transportation Urges Extra Caution Near Work Zones

October 5, 2009 | Associates and Bruce L. Scheiner

Lane%20Closure%20for%20Milling%20Operations1.jpg Even though the economic boom in Florida construction is less robust than in years past, the building of new roads puts workers and motorists in danger on our roadways every day. Whether it’s on a local city street or on the Interstate, we all encounter roadwork crews doing their jobs in very near proximity to passing vehicles. This can be a deadly mix if proper safety precautions are not followed.

Beginning in 1999, the Florida Department of Transportation, (FDOT), began an intensive campaign to educate motorists on the need for added safety when driving through work zones. Their theme has been “It’s Everyone’s Job“, stressing that reckless driving through highway work zones can be deadly for motorists and workers alike. “We want Floridians to realize that everyone has a hand in work zone safety,” said FDOT Assistant Secretary Kevin Thibault, the Governor’s Highway Safety Representative. “It truly is everyone’s job to ensure safe travel through highway construction zones.” In 2007, the most recent year for which statistics are available, 11,248 crashes happened n Florida work zones, resulting in 8,288 injuries and 105 fatalities. Nationwide, that number is approximately 1,000 annually.

Southwest Florida is currently undergoing several major highway construction projects, resulting in an increased opportunity for accidents. The iROX I-75 Road Expansion project, from Golden Gate interchange #105 in Collier County to Colonial Boulevard interchange #136 in Lee County, is widening 30 miles of the interstate to six-lanes. Additionally, S.R. 739/Metro Parkway from Six Mile Cypress Parkway to Daniels Parkway is currently being widened from two lanes to six, and work also includes resurfacing, drainage, lighting, signal work and installation of signs and pavement markings. Also on Metro Parkway, a new, six-lane extension is being built to connect Metro to Alico Road and U.S. 41 in south Lee County. These projects are expected to affect area motorists until 2012.

Motorcycle riders are gearing up for this Saturday night’s Cape Coral Bike Night.

September 30, 2009 | Associates and Bruce L. Scheiner

Southwest Florida’s largest bike night draws riders from all over, including Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres, Punta Gorda and Port Charlotte.

Primary sponsor, Associates and Bruce L. Scheiner, Personal Injury Lawyers, has been a supporter of motorcycle rights and organizations in Florida for four decades and represents motorcyclists throughout Florida who have been injured or killed in motorcycle accidents. The firm also publishes the website www.flbikers.com, dedicated to motorcycle riding in Southwest Florida.

“We look forward to promoting safety and awareness throughout the upcoming season,” Bruce L. Scheiner said.

Car Crashes Bring Tragedy to Many Communities in SWFL

September 28, 2009 | Associates and Bruce L. Scheiner

While it may be true that there are more people on the roadways of Southwest Florida’s big cities, drivers in some of our smaller cities are not immune from being involved in a serious car crash. Quiet, suburban areas like Port Charlotte, Venice, Sebring and the rural areas of Arcadia have had their share of devastating vehicle accidents lately, some of which involved a driver who was found to be drunk behind the wheel.

Just north of Venice, a former football coach at Braden River High School was driving home from an event on March 21st when his vehicle overturned on State Road 681, near the I-75 interchange. The former educator, Josh Hunter, lost control of his car, causing passenger Doug Garrity to be ejected. Garrity, who was Hunter’s best friend and a fellow coach at the same school, was not wearing his seat belt, according to Florida Highway Patrol reports. He died from his injuries a day after the accident. Investigators say evidence shows Hunter was impaired at the time of the crash. After receiving results from toxicology tests on Hunter, the FHP investigators have said they have enough evidence to support charging Hunter with DUI manslaughter.

In Port Charlotte, a pickup truck driven by 19-year-old Chad M. Zeeman ended up in a water-filled drainage ditch alongside Bermont Road, after the driver lost control of the vehicle on September 18th. His passenger, Matthew R. Pouk, also 19, was not wearing a seatbelt, and was killed as a result of the crash. Zeeman was wearing a seatbelt, and was transported to a local hospital with serious injuries. It has not yet been determined if alcohol played a role in the accident, and the investigation is still ongoing.

Local Child Killed in Tragic Car Accident

September 25, 2009 | Associates and Bruce L. Scheiner

Family member Frank Casillas hammers a cross into the ground Wednesday where Brandon Castillo, 8, was hit by a van Tuesday near a school bus stop in Lehigh Acres. Brandon died from his injuries Wednesday. (valerie roche/The News-Press)

Recent Accidents Involving Kids Serve as Wake-Up Call to Parents and Motorists

The 8-year-old Lehigh boy struck by a minivan as he waited for his school bus to pick him up has died from his injuries, according to the Florida Highway Patrol. Brandon Castillo was struck after he ran in front of a van driven by Doris Toombs, also of Lehigh, on September 22nd. The accident happened as Brandon waited for his school bus at the corner of East 10th Street and Hamilton Avenue.

Slip and Fall Accidents Not As Simple as They Seem…

September 23, 2009 | Associates and Bruce L. Scheiner

Each year, large numbers of people, many of them elderly, are seriously injured or even killed due to a “slip and fall” accident. The Florida Department of Health reports that accidental falls are a major source of injury, permanent disability and even death for Florida residents, mostly to people over the age of 65. Approximately 53,000 residents required medical treatment or a hospital stay after an unintentional fall in 2007, and about 1,700 died as a result of their injuries.

An injury caused by a slip or trip and fall usually occurs on someone else’s property, which brings into question the property owner’s liability for the accident. The owner, or the person or company responsible for maintaining the property in proper condition so as not to cause an accidental fall, may be held legally responsible. This area of case law is referred to as “premises liability”, and many factors need to be researched and investigated to determine if there is any fault on the owner of the property.

There are several reasons that contribute to a slip and fall injury. Some may be caused by unsafe and dangerous surfaces, such as worn, bulging or ripped carpeting, uneven levels of flooring, wet floors or uneven or narrow stairwells. Sometimes the dangers are not visible to the person using the premises, such as improperly secured floorboards or wooden walkways, unsecured handrails and loose carpeting. Other injuries occur due to cracked sidewalks or parking lot pavement, an escalator that may not be functioning properly or even inadequate lighting in or near a building.

Nursing Home Abuse: A Growing Concern for the Elderly

September 21, 2009 | Associates and Bruce L. Scheiner

With the large population of senior residents in Southwest Florida and the abundance of nursing home facilities here, the potential for a member of your family being subjected to nursing home abuse is a serious concern. You expect that the facility where your relative lives will provide professional and appropriate care – and yet, the fact is that abuse does occur, and can be devastating to your family.

Florida’s Long-Term Care Ombudsman Program is a volunteer-based organization seeking to improve the quality of life of frail, vulnerable elders who live in long-term care settings, including nursing homes, assisted living facilities and adult family care homes by directly responding to their concerns. The program operates under the authority of federal and state law. The organization’s 2007-2008 Annual Report points out that long-term care facilities in Florida fall into one of three categories: nursing homes (686 facilities; 82,024 beds), assisted living facilities (2,743 facilities; 89,445 beds), and adult family care homes (503 facilities; 2,316 beds). That means there are 3,932 long-term care facilities in the state of Florida, with 173,785 beds. The potential for the abuse of residents requires an ambitious and ongoing oversight.

The Ombudsman Program conducts annual administrative assessments of these facilities as mandated by Section 400.0073, Florida Statutes. These assessments focus on the rights, health, safety and welfare of residents. In 2007-2008, volunteer ombudsmen completed assessments of 100 percent of licensed long-term care facilities statewide. During the same period, they completed 7,758 complaint investigations. The top three complaints from nursing home residents pertained to improper discharges; medication administration; and matters of personal hygiene. The top three complaints in assisted living facilities and adult family care homes were related to menu quality, quantity and variation; medication administration; and issues of cleanliness, pests and general housekeeping.

Cape Coral Motorcycle and Car Crashes Claim 7 Lives So Far This Year

September 18, 2009 | Associates and Bruce L. Scheiner

The city of Cape Coral, Southwest Florida’s largest with a population of around 160,000, has experienced a rash of tragic accident fatalities in 2009. With the explosive growth the city has experienced in recent years comes the potential for deadly car and motorcycle crashes, some of which are caused by drivers who are found to be drunk or otherwise impaired while behind the wheel despite the serious consequences for DUI drivers.

On Tuesday, September 15th, motorcyclist Donald Erwin, 59, was riding his bike eastbound on Pine Island Road, nearing the Chiquita Boulevard intersection, when a vehicle driven by 62-year-old Virginia Murphy pulled into the bike’s path, according to police reports. Erwin attempted to stop, sliding into the front of Murphy’s car, and he was ejected. He was not wearing a helmet. Erwin was transported to Lee Memorial Hospital by helicopter, but died from his injuries. Cape Coral Police spokesperson Connie Barron says a criminal investigation is being conducted to determine if alcohol or drugs were a factor in the crash.

Just two days earlier, a car driven by 17-year-old Joshua A. Metcalf crashed into a pine tree after first drifting off Santa Barbara Boulevard and into the median. Metcalf over corrected and the car veered across the road at a high rate of speed and into a vacant lot on the right side of the road, where it struck the tree. Metcalf and his passenger, 16-year-old Zamantha Gordillo, were both pinned inside the vehicle, and had to be extricated by the Cape Coral Fire & Rescue workers on the scene. Metcalf was wearing his seatbelt, but his female passenger was not. Metcalf was flown to Lee Memorial Hospital’s Trauma Unit, and Gordillo was transported there by ambulance, and they were both reported to be in critical condition.

Federal Law for Pool Drain Covers: Not Flowing Smoothly?

September 16, 2009 | Associates and Bruce L. Scheiner

A federal law designed to keep swimmers safe may be causing confusion among the thousands of owners and operators of public swimming pools at hotels, condominiums and community associations in Southwest Florida.

On December 19, 2007, President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act, named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker. Graeme Baker died in a tragic incident in June 2002 after the suction from a spa drain entrapped her under the water. This Act was first introduced by Rep. Debbie Wasserman-Schultz, (D-FL), and was supported by the Baker family and Safe Kids Worldwide.

The Act specifies that on or after December 19, 2008, swimming pool and spa drain covers available for purchase in the United States must meet specific performance requirements. Additionally, public swimming pools, wading pools, spas and hot tubs must meet requirements for installation of compliant drain covers.

Foreign Visitors Have an Ally in Florida

September 14, 2009 | Associates and Bruce L. Scheiner

It’s no secret that The Sunshine State is a popular vacation destination for hundreds of thousands of visitors from all around the globe, and a part-time haven for a huge number of “snowbirds” from our northern neighbors. In Southwest Florida, our sugar-sand beaches, year-round temperate climate and endless family oriented vacation possibilities draw people here to bask in the idyllic Florida lifestyle.

According to the Lee County Visitor & Convention Bureau, there were 450,000 visitors who came to Lee County in June 2009, with roughly 20,000 of those being from Germany. During 2008, one third of the visitors staying in paid accommodations were from Germany, the United Kingdom, Canada, France and Switzerland.

Many times, however, what may begin as the perfect getaway can turn into a life-altering disaster. An accident that involves someone visiting from a foreign country can be even more traumatic than those involving a Florida resident. There may be language barriers, confusion about Florida laws and the legal rights of non-residents, and other factors which come into play after an automobile, motorcycle, boating, aviation crash or any other injury suffered as a result of the negligence of another. Additionally, with so many foreign visitors attracted to Florida by the abundance of world-renowned theme parks and resort destinations here, many are injured and even killed due to negligent operations or faulty equipment which may be found at some facilities.