Florida Injury Lawyer Blog

Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

April 10, 2016 | Associates and Bruce L. Scheiner

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 hot air balloon accident in Miami after their balloon plunged to the ground after running into power lines.

More recently – and far less high-profile – was a hot air balloon injury case in Wisconsin, where a woman was injured when a company offering tethered hot air balloon rides failed to properly secure the balloon on a windy day. In Roberts v. T.H.E. Insurance Co., plaintiff alleged she suffered compensable injuries when she was knocked to the ground by the rogue balloon basket while waiting in line for a ride.

The two primary defenses raised by the company in this case were:

Recreational Immunity
Waiver of Liability

Both fell flat, as far as the Wisconsin Supreme Court was concerned. Continue reading ›

Novosett v. Arc Villages – Nursing Home Arbitration Agreement Scrapped for Damage Caps

April 7, 2016 | Associates and Bruce L. Scheiner

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 agreement was not enforceable, the entire agreement was unenforceable. That leaves plaintiff free to pursue remedy through the courts, as opposed to being forced to take the case before an arbitrator.

Still, justices asked the Florida Supreme Court to weigh in on whether arbitration could be compelled based on the severability clause of the contract. Continue reading ›

Medical Malpractice Damage Caps to be Considered by Florida Supreme Court

April 5, 2016 | Associates and Bruce L. Scheiner

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 for medical malpractice injuries are unconstitutional. The appeals court based its ruling on the 2014 Florida Supreme Court decision in McCall v. U.S., which was a wrongful death lawsuit stemming from medical negligence.

In McCall, the Florida Supreme Court ruled that damage caps in wrongful death cases involving medical malpractice were arbitrary and violated plaintiffs’ constitutional rights to equal protection. Further, the court pointed out the stated purpose of the legislators’ action – a purported crisis with health care insurance premiums – was ill-founded. In fact, there is little evidence to suggest that imposing a cap on damages lowers health care insurance costs. Continue reading ›

Florida Drunk Driving Lawsuit Stalls

April 3, 2016 | Associates and Bruce L. Scheiner

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 of lawful drinking age who are not known to be habitually addicted to alcohol. That means the only time drunk driving accident victims can sue the bar that served the driver may be if the driver was under 21 or if he or she was a known alcoholic.

There have been some instances in which the courts have extended liability, but it usually involves additional assumption of duty. That’s what plaintiffs in the recent case of Torre v. Flanigan’s Enterprises Inc. sought to establish. Continue reading ›

Defective Hip Implant Verdict for $502 Million Against J&J

March 26, 2016 | Associates and Bruce L. Scheiner

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 implants. Plaintiffs alleged these metal-on-metal implants:

Failed prematurely
Caused tissue death
Resulted in bone erosion
Left them with high levels of metal in their blood

Although the manufacturing company was aware of the shortfalls of its products, plaintiffs alleged, it continued to market them aggressively. These artificial hips were touted as being best-suited to younger patients and those with more active lifestyles. Continue reading ›

Dupuy v. NMC Operating Co. – Dirty Surgical Instruments Cause Illness

March 23, 2016 | Associates and Bruce L. Scheiner

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 health care provider was negligent. Instead, what one has to show, is that the actions of the health care worker breached the applicable standard of care. For this, you have to hire an expert witness with the same professional training as defendant who can attest to that professional standard (it varies by profession and location) and how the defense violated it.

Additionally, there are a host of notification requirements and other rules that apply to medical malpractice claims that simply don’t apply to other types of negligence lawsuits. Continue reading ›

Pornomo v. U.S. – Court Puts Brakes on Bus Accident Case

March 18, 2016 | Associates and Bruce L. Scheiner

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 prompted the National Transportation Safety Board (NTSB) to recommend the Federal Motor Carrier Administration (FMCSA) work with bus operators and the trucking industry to implement improved commercial vehicle safety measures that would include:

Flame-resistant interiors;
Data recorders;
A second door for emergency evacuations;
Pre-trip safety briefings for passengers;
Windows that can stay open during evacuation.

Rish v. Simao – Low-Impact Defense in Car Accident Lawsuit

March 18, 2016 | Associates and Bruce L. Scheiner

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. Consider that:

A typical automobile weighs about 2,000 pounds;
A collision at 10 miles-per-hour is going to result in an average impact force of 3.7 tons;
A 3,000-pound vehicle striking at 10 mph is going to result in a force of impact of about 5.6 tons.

The force of impact to one’s back and neck is significant. Plus, when a person is involved in a rear-end accident, it’ s important to understand a physics principle known as “magnification of acceleration.” What that means is the occupants of a vehicle are going to accelerate a lot faster than the car that is impacted, which means they are going to absorb much more of the force. So even a low-impact crash can result in substantial injuries. Continue reading ›

Florida No. 1 for Motorcycle Fatalities

March 16, 2016 | Associates and Bruce L. Scheiner

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 longer trip of it and ride through the rest of the state. Even those who live here full-time may be traveling cross-state to attend the popular 10-day event.

It’s an opportune time to discuss the fact that motorcycle riders face unique dangers on our highways, especially because Florida has more motorcycle fatalities than anywhere else in the country. Continue reading ›

PJ Scheiner Speaks at 2016 Anatomy of a Personal Injury Lawsuit Seminar

March 15, 2016 | Associates and Bruce L. Scheiner

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, “Anatomy of Personal Injury Lawsuit (Trial Guides 2015).” The book, published by the American Association for Justice, contains contributions from 60 of the most well-respected injury lawyers in the country. Preston Scheiner was among them.

The 4th edition of the book offered detailed advice, arguments, charts, illustrations, practice tips and examples to assist other personal injury attorneys across the country. It offers a step-by-step navigation of how personal injury claims should traverse the legal system. It is an honor to share this information to assist other injury attorneys in the fight against injustice and for the rightful compensation of those harmed by the carelessness and recklessness of others.

Preston Scheiner’s contribution focused on, “Damages: Wage Loss-Related Damages.” Continue reading ›