Florida Injury Lawyer Blog

Schaefer v. Universal Scaffolding & Equip. LLC – Defective Scaffolding Results in Construction Accident Injury

October 28, 2016 | Associates and Bruce L. Scheiner

A worker injured in a construction accident first and foremost should seek workers’ compensation benefits, if applicable. Assuming the worker was an employee acting in the course and scope of employment, the benefits should be delivered quickly and assist with medical bills and lost wages. However, such benefits likely won’t cover everything, and exclusive remedy provisions of workers’ compensation law typically disallow lawsuits against employers, even if they were negligent. That’s why third-party litigation is often a must.

On construction sites, there are many individuals and entities that may have certain safety responsibilities, and it’s important to ascertain whether any of those may have failed in their legal duties of care.

In the recent case of Schaefer v. Universal Scaffolding & Equipment, LLC, plaintiff came upon a major challenge in pursuing claims against two defendants owing to the fact that the reportedly defective piece of scaffolding that struck him in the head, causing serious injuries, was lost. Plaintiff filed claims for construction negligence, failure to warn and negligent spoliation of evidence. Continue reading ›

Trucks Pose Risk of Bicycle Accident Injuries, Fatalities

October 26, 2016 | Associates and Bruce L. Scheiner

A recent report by The Chicago Tribune lamented the fact there have been six bicyclists struck and killed by large commercial trucks in the city just this year alone. In a city that typically sees six bicycle deaths total every year, to reach that in September – with three more months of the year to go – is deeply troubling. That every single one involved a commercial truck highlights a more serious problem.

It’s one about which our Fort Myers bicycle accident lawyers are fully aware: Trucks pose a serious risk to cyclists. A number of different studies – from England to New York to Seattle – have found that large vehicles account for roughly a third of all bicycle fatalities, despite only accounting for about 7 percent of total traffic volume.

A 2012 study by the University of Washington explored why trucks and bicycles are often in conflict. Researchers noted that movement of freight is central to the local and regional economy, but simultaneously, bicycle travel is increasing and given priority. Bicycles have the potential to impede the flow of traffic, but the sheer size of trucks can do the same and is extremely intimidating to cyclists. One big problem in urban settings? Bicycle lane obstruction by trucks. Continue reading ›

Finkel v. Batista and Sanchez – Car Accident Lawsuit Weighed by FL 3rd DCA

October 25, 2016 | Associates and Bruce L. Scheiner

Proving fault in a car accident is not enough to prove one is entitled to monetary compensation. One must also prove causation. This means the person injured has to show that it was defendant’s breach of duty that caused plaintiff’s injury, and not some other intervening action or inaction.

In the recent case of Finkel v. Batista and Sanchez, the issue was whether trial court erred in granting a new trial after defendant was found 100 percent liable for a car accident, yet plaintiff was awarded $0 in damages. The court was basing its decision on the precedent set in the 1997 case of Sparks-Book v. Sports Authority, Inc., wherein the Third District Court of Appeals decided as a general rule that plaintiffs should at least be able to recover medical expenses for diagnostic testing reasonably necessary to determine whether an accident caused injury.

However, the 3rd DCA, in weighing Finkel, reversed, noting there are exceptions to the general rule and there was sufficient evidence to support the verdict of the jury. Further, plaintiff might have valid grounds to assert a new trial on the basis of a verdict form that indicated the jury should return a verdict that was “all-or-nothing.” The problem was, plaintiff’s counsel never objected to that verdict form, and thus she lost the right to fight it on appeal. Continue reading ›

Murphy v. Roth – Social Media and Juror Misconduct Weighed by 4th DCA

October 23, 2016 | Associates and Bruce L. Scheiner

The saturation of social media in modern society has been aided in part by the instantaneous gratification received via smartphone technology. People everywhere connect globally to automatically share anything from deep philosophical musings to the most mundane details of everyday life. It should come as little surprise then that it’s an issue that has come up in civil courtrooms across the country. Specifically: How do we keep jurors from publicly engaging about the cases they are charged with deciding, particularly while the proceedings are ongoing?

Part of the role of a Fort Myers personal injury lawyer is to carefully vet jurors who might oversee a case that goes to trial. We also have to occasionally monitor social media accounts to determine not just whether a juror may have engaged in misconduct by posting details or opinions about the case, but whether these actions may have prejudiced the plaintiff in a way that could warrant a mistrial or a new trial. We must be vigilant in protecting our clients’ rights.

In the recent case of Murphy v. Roth, before Florida’s Fourth District Court of Appeal, a plaintiff in an automobile accident lawsuit sought a new trial after it was revealed a juror in the case had been engaged on social media about his jury duty as well as his thoughts about the perceived greed of “everyone” trying “anything” to get money. Continue reading ›

Negligent Security Alleged in Florida Homicide

October 3, 2016 | Associates and Bruce L. Scheiner

A grieving Florida widower is suing the property management company as well as the security company for the gated community where he and his wife lived, claiming these entities were negligent in providing security to their community. The case was filed after the brutal stabbing death of plaintiff’s wife in a Davie home invasion robbery.

According to The Sun Sentinel, a 22-year-old man is accused of breaking into the couple’s home in September 2014, tying up and assaulting the 59-year-old victim, stabbing her to death and then leaving her body in the bathtub, where her adult son later discovered her. The accused is awaiting trial and faces the death penalty if convicted. He made headlines over the summer after he escaped from a Broward County courtroom and was on the run for six days. A number of others were later arrested in connection with assisting his escape.

While it may seem odd that anyone other than decedent’s killer could be held responsible for her death, a claim of negligent security asserts that a defendant had a duty to protect her and failed. Continue reading ›

Florida Contractor Fined $200k for Construction Fall Protection Violations

October 2, 2016 | Associates and Bruce L. Scheiner

A construction contractor in Florida has been slapped with $200,000 in fines by the U.S. Occupational Safety & Health Administration for repeated, serious and willful violations related to unsafe fall protection and ladder safety practices. Although it’s likely this fine will be reduced upon settlement (which is how most of these cases end), the fact is, falls remain one of the most serious – and common – preventable risks on Florida construction sites.

That’s why it’s not really surprising that, according to ConstructionDive.com, numerous Florida construction firms have been fined for these violations in recent weeks. Those include:

A roofing company in Jacksonville cited for fall protection violations for the fourth time just in the last 12 months. The St. Augustine contractor has been fined $128,000.
A large home-building company with operations in South Florida was cited for violations in North Florida that involved failure to ensure a carpentry contractor was using the right fall protection measures while they were working at a height that exceeded 25 feet. The subcontracting workers were also using the very top step of a ladder to reach the roof trusses – which is extremely dangerous and counter to what we know about safe ladder practices.
A Miami contractor was fined $53,000 for failing to train workers and exposing them to openings that dropped more than 18 feet.
A contractor in Jacksonville was fined $145,000 for failure to properly extend a ladder and allowing workers to install roof sheathing without using proper fall protection.

Fatal Car Accidents In Lee County Now Total 75 in 2016

October 1, 2016 | Associates and Bruce L. Scheiner

A Florida Gulf Coast University student was killed recently in a Fort Myers car accident, making him the 75th person to die on Lee County roads in 2016. The 20-year-old student was killed on Michael G. Rippe Parkway, near the intersection of Briarcliff Road, shortly before noon when his passenger vehicle was rear-ended by a dump truck, according to the Florida Highway Patrol.

WINK News reported the victim, Ryan Wendler, had been an Eagle Scout who worked at Moe’s Southwest Grill while earning his degree in sociology at FGCU. He had recently started volunteering at a local soup kitchen and Meals on Wheels. Authorities say he was stopped at a red light when he was struck by the truck, driven by a 75-year-old man from Cape Coral. Investigators are exploring whether speed might have been a factor, and charges may be filed depending on the outcome of that investigation. It’s not clear which company owned the dump truck, but it should be noted that companies can face vicarious liability for the negligence of an employee who was either working at the time of a crash or driving a company vehicle off-the-clock.

The 74th traffic fatality in Lee County happened just a couple of days earlier, when a Punta Gorda man reportedly suffered a medical event before losing control of his vehicle while traveling northbound on I-75 just north of Daniels. The News-Press reported the vehicle, a Cadillac DeVille, drifted off the shoulder, through a wire fence and then slammed into a sound barrier wall and numerous trees. The driver of that vehicle died after he was transported to Gulf Coast Hospital Medical Center, though it isn’t clear if that was the result of the underlying medical condition or due to injuries sustained in the wreck. Continue reading ›

Is Cycling Worth the Risk of Injury in Florida?

September 30, 2016 | Associates and Bruce L. Scheiner

Recently in Georgia, a University of Athens student was struck and killed by a driver allegedly under the influence of drugs when she slammed into the 25-year-old cyclist. The graduate assistant was reportedly on a night bike ride with a group of cyclists, several of whom were injured and tossed into a nearby ditch. One of the other cyclists injured was listed in serious condition. The riders had been traveling single-file when a woman in a sport utility vehicle traveling the opposite direction reportedly crossed the center line and hit three of the riders.

Investigators were later told by the 31-year-old driver that she’d been looking down at her cell phone when the crash happened. Her toddler was also in the back seat of the vehicle, and police suspect the defendant was on drugs. She was arrested on charges of first-degree homicide by vehicle, driving under the influence of drugs, failure to maintain lane and improper use of a mobile phone while driving.

Although this incident happened in Georgia, it’s a familiar scenario across the south and in urban areas in particular, where bicyclists and motorists are more likely to encounter one another. Florida has historically had the most bicycle fatalities nationwide. The latest data from the National Highway Traffic Safety Administration is that there were 139 bicycle deaths in Florida in 2013. Not only was that more than any other state, it was also one of the worst when population was factored in – 6.99 pedalcyclist fatalities per 1 million population. Wyoming was actually No. 1, but it had a total of 5 bicycle deaths the entire year (to Florida’s 139), The only other state that even came close was Arizona, with a rate of 4.31 bicyclists deaths per 1 million. Bicycle deaths in Florida account for 5.6 percent of Florida’s total traffic fatality count — also worst in the nation. Continue reading ›

NHTSA: Unsafe Cars Cost Lives in Florida

September 29, 2016 | Associates and Bruce L. Scheiner

Recently, the National Highway Traffic Safety Administration sought to heighten awareness of unsafe vehicles and vehicle components and the devastating toll it takes on our roadways. The agency’s “Safe Cars Save Lives” bus tour involved a large bus making its way across the country – including to South Florida in Tampa and Miami – to inform motorists and others about the potential for danger when driving a vehicle that’s either been recalled or is not properly maintained.

Key points of the campaign include:

Understanding and following vehicle recalls;
Tire maintenance and safety;
Child safety seats;
Heatstroke in vehicles (particularly involving infants and children).

The agency focused its efforts on Florida, Texas, Alabama and Louisiana because these are the states where motorists face the most danger. The heat in the South makes our motorists and children especially vulnerable to some issues. For example, while heatstroke is definitely an issue in northern states during the summer, South Florida residents have to be aware of this risk for most of the year. On top of that, vehicle recalls related to exploding Takata airbags have been tied to exposure to heat. Same thing with the life of tires. That means places like South Florida are especially vulnerable. Continue reading ›

Target Shopper Stuck by Needle in Parking Lot Wins $4.6M

September 28, 2016 | Associates and Bruce L. Scheiner

Jurors recently awarded $4.6 million in damages to a woman who suffered personal injury after she was stuck by a needle in a Target shopping center parking lot.

Initially, the woman’s attorney offered to settle with the retail giant for $12,000. That offer was flatly rejected, so the South Carolina litigator took the case to trial – with great success. Although it’s probably the retail chain will appeal, if the award stands, it will be one of the largest personal injury verdicts in that region, according to the local clerk of courts.

According to USA Today, the incident happened in a store parking lot in May 2014. Plaintiff said she had just gotten out of her vehicle when she looked up to see her 8-year-old daughter picking up a hypodermic needle. Swiftly reacting, plaintiff swatted the needle away from her daughter. As she did so, the needle struck the palm of her right hand. Continue reading ›