Florida Injury Lawyer Blog

Gearhart v. Mutual of Enumclaw Ins. – Auto Insurance Anti-Stacking Language Ambiguous

August 11, 2016 | Associates and Bruce L. Scheiner

The two parents may have been divorced, but they both loved their teenage son and wanted to make sure he was adequately covered in the event of an auto accident. That’s why they each had an auto insurance policy – albeit from the same company – that named him as an insured in the event of a car accident with an uninsured/ underinsured motorist.

Tragically, that’s just what happened. The teen was a passenger in a vehicle driven by another young friend, who lost control of her brother’s vehicle and crashed. He sustained severe, disabling and permanent injuries.

Seeking to ensure their son’s needs would be taken care of, his parents first pursued coverage from the at-fault driver’s insurer. The car was covered by its owner’s insurance, but that only offered $25,000. That was a drop in the bucket compared to what he’d need. Still, the at-fault driver’s insurer agreed to pay the policy limits. That left the injured teen’s parents to seek compensation from each of their underinsured motorist policies. It wasn’t disputed the teen’s damages well exceeded $600,000 – the total sum of both policies together. But the question in Gearhart v. Mutual of Enumclaw Ins. was whether anti-stacking provisions in each of those policies meant the plaintiff’s were only entitled to a total of $300,000 in protection – the value of just one of those policies – or whether the anti-stacking language was invalid and they were entitled to the full $600,000 sum. Continue reading ›

Truck Accident Insurance Coverage Weighed in Great West Cas. Co. v. Robbins

August 9, 2016 | Associates and Bruce L. Scheiner

A 44-year-old man lost his life one day in 2011 when the driver of a semi-truck failed to yield as she entered a busy highway from a truck stop. Nothing would ever bring back the beloved husband, but who should be the one to pay damages?

As in any truck accident case, there were many different entities – and two defendant insurance companies – involved. Commercial trucking companies are required by the Federal Motor Carrier Safety Administration to carry a certain amount of liability insurance. Those minimum levels are often far in excess of what you might encounter with a passenger vehicle, and the reason is because these massive vehicles have the potential to cause devastating levels of damage. That’s why a lot of these companies carry policies that are even in excess of the minimum.

But as the recent U.S. Court of Appeals for the Seventh Circuit case of Great West Cas. Co. v. Robbins shows, holding each of these firms accountable isn’t always easy. Continue reading ›

Defective Bicycle Case Weighed by Sixth Circuit

August 7, 2016 | Associates and Bruce L. Scheiner

Most of the bicycle accident lawsuits that are pursued involve a cyclist who was struck by a motorists. The National Traffic Safety Administration (NHTSA) reports approximately 750 people annually die in bicycle crashes on public ways, with most of those occurring after the cyclist is struck by a car or other vehicle.

However some of these cases – as well as bike accidents that don’t involve cars – may be caused in whole or in part by a defective bicycle.

There are a host of potential defects that bicycles can have that could render them unsafe or even cause a crash. Some of those issues include:

Faulty frame welds
Brake issues
Pedals that come loose during operation
Broken chains or other drive train component problems
Tubes or tires that pop or blow out

Florida ATV Accident Leaves Christian Music Singer in Critical Condition

August 5, 2016 | Associates and Bruce L. Scheiner

Dallas Taylor, a noted Christian music singer, has been hospitalized with critical injuries following a serious Florida ATV accident in Ocala, according to The Ocala Star-Banner.

Taylor is a founding member of Christian metalcore band Underoath and lead singer of other bands Maylene and Sons of Disaster. The 36-year-old was reportedly operating an all-terrain vehicle (ATV) on property that belongs to a Baptist church shortly after 6 p.m. on a recent Tuesday. Investigators say that as he drove up an embankment, he lost control of the vehicle and then hit a sign. Taylor then reportedly flipped off the vehicle, which then came to a rest on top of him.

He was reportedly not wearing a helmet at the time of the ATV accident. He was flown by helicopter to a hospital in Gainesville, where doctors performed a series of neurological tests. His injuries reportedly include a bleed in his brain as well as a clot in his carotid artery. He is also suffering from numersou broken bones. Continue reading ›

Yeatts v. Polygon Northwest Co. – Construction Injury Lawsuit

August 3, 2016 | Associates and Bruce L. Scheiner

When a construction injury occurs, the first line of compensation the worker and/or the worker’s family may have is workers’ compensation. These benefits are often a vital lifeline for injured workers and their families to help assist with medical bills and a portion of lost wages.

However, in more serious cases, it’s often not enough to compensate a worker for the full extent of his or her losses, especially if the injury has long-term consequences. In these situations, the worker may want to explore third-party litigation.

A worker cannot sue his or her employer for a work-related injury in most cases. The exclusive remedy clause of workers’ compensation law prohibits this (and it’s part of the “grand bargain” trade-off workers made when the workers’ compensation system was first founded). However, third parties may still be liable. On construction sites, that could mean general contractors, property owners or in some cases fellow subcontractors. But these cases can quickly become complicated, and it’s not often clear which entities held what duty of care and to whom.

Negligent Security and Wrongful Death at a Florida Condo Complex

July 31, 2016 | Associates and Bruce L. Scheiner

Negligent security lawsuits are increasingly being filed as their is a growing recognition of the responsibility property owners have to tenants and patrons.

Most of these lawsuits involve some type of assault and battery crime, though roughly a quarter stem from sexual assaults and about 15 percent from wrongful death claims. Robberies, home invasions and false imprisonment cases, too, could be the basis of a negligent security claim. The majority of plaintiffs are usually customers or guests of businesses, though some are also employees. A slim percentage are trespassers. Research has shown plaintiffs are more often prevailing in these cases.

One case in Florida that has gained some attention involve the 2014 murder-suicide in which a mother and son were shot and killed in an apparent robbery by a man who soon after turned the gun on himself. Continue reading ›

State Farm Mut. Auto. Ins. Co. v. Jakubowicz – Underinsured Motorist Claim Validated

July 30, 2016 | Associates and Bruce L. Scheiner

Underinsured motorist benefits are one of the most important types of coverage any Floridian can purchase. That’s because it will ensure adequate coverage in the event you are injured in an accident with a driver who lacks enough insurance to fully cover your damages.

Most UIM policies, however, will require that you first exhaust the coverage limits of the underinsured motorist before filing a claim for UIM benefits through your own insurer.

This isn’t unusual. However, where one auto insurer in the case of State Farm Mut. Auto. Ins. Co. v. Jakubowicz ran into trouble was in setting further limits and conditions that rendered its policy ambiguous. This matter was recently before the Indiana Supreme Court, which ruled that because the policy was ambiguous, it would be construed in favor of the insured. Continue reading ›

Hot Air Balloon Accident Raises Liability Questions

July 29, 2016 | Associates and Bruce L. Scheiner

In what is believed to be the worst ever hot air balloon accident in U.S. history, 16 people including the pilot were killed in Texas when the balloon crashed into a live electrical wire, burst into flames and crashed to the ground.

The fatal crash is being investigated by the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). News outlets reported the pilot had four prior driving under the influence convictions and a slew of customer complaints, mostly related to customer service problems. There was, however, one previous personal injury lawsuit that was ultimately settled involving eight passengers who suffered various injuries after the pilot reportedly crash-landed a balloon.

Those who know the pilot say that while he was a recovering alcoholic, he was a safe and experienced pilot who was not reckless with the lives of his customers. Continue reading ›

Janice H. v. 696 North Robertson – Club Liable for Bathroom Sex Assault

July 23, 2016 | Associates and Bruce L. Scheiner

Lack of security at a nightclub bathroom led to a brutal sexual assault, leading jurors to award a $5.4 million verdict against the nightclub. Now, that verdict has been affirmed by a California appellate court, illustrating the way in which a business can be held responsible for failure to protect patrons against third-party violent crimes.

In this case, Janice H. v. 696 North Robertson, the California Court of Appeal for the Second Appellate District, Division Three, Hollywood producer plaintiff, 37, had consumed several drinks at other nightclubs before entering this one to meet some friends, grab a drink of water and use the restroom.

However, when plaintiff entered the unisex bathroom, a man unknown to her – later identified as a staffer at the club – followed behind her and proceeded to sexually assault her. Continue reading ›

Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits

July 20, 2016 | Associates and Bruce L. Scheiner

The U.S. District Court in the Eastern District of Pennsylvania has ruled that the $900,000 limit and the amount of premiums paid for an underinsured motorist policy is irrelevant to a claim for benefits and breach of contract. As such, that evidence was excluded from trial.

In Lucca v. GEICO, plaintiff suffered injuries after he was involved in a car accident caused by the negligence of another driver.

At-fault driver had a $100,000 bodily injury policy. However, plaintiff alleged this was insufficient to cover all his damages. His car at the time was insured by defendant GEICO. Continue reading ›