Florida Injury Lawyer Blog

Sangaray v. West River Assocs. – Sidewalk Injury Liability

February 25, 2016 | Associates and Bruce L. Scheiner

Sidewalks are intended to be a place where pedestrians can safely traverse without fear of stepping into the path of an oncoming car or bicyclist.

But there are still hazards. Vehicles backing out. Vehicles careening off the road. Beyond that, the walking surface itself has the potential to be dangerous if it is not kept in acceptable condition, with tree roots or other defects resulting in cracks, uneven surfaces and protrusions.

In the event a Fort Myers sidewalk fall results in injury, plaintiffs may have a couple options. The first is to ascertain whose responsibility it was to maintain the sidewalk. Continue reading ›

Florida Hit-and-Run Accidents Spike in Fort Myers, State

February 20, 2016 | Associates and Bruce L. Scheiner

Hit-and-run accidents in Florida are on the rise, according to new data from the Florida Highway Patrol.

Authorities say there were 9 percent more drivers fleeing the scene of serious accidents last year than in 2014. When compared to 2013 figures, there was an astonishing 17 percent hike.

Florida law requires drivers to stop immediately at the scene of a crash that results in injury or death. Continue reading ›

Wuthrich v. King County – Duty of Government to Control Vegetation

February 19, 2016 | Associates and Bruce L. Scheiner

You approach an intersection and stop at a stop sign. You try to look both ways, but there is a huge bush in your away. You inch forward and still don’t see anyone, so decide to proceed. BAM! A motorcycle seemingly blasts out of nowhere and strikes your rear driver’s side door.

This is what happened to one of the defendants in Withruch v. King County, a case recently before the Washington State Supreme Court.

Central to this case was whether the county could be held at least partially liable for injuries to the motorcyclist for failure to ensure site lines at the intersection were clear. We know that a municipality’s duty to maintain roads in a reasonably safe condition for ordinary travel isn’t limited to the asphalt. So if there is vegetation by the road that is blocking one driver’s view of oncoming traffic, that is a situation where reasonable action is needed to remedy the problem. Continue reading ›

Report: Snapchat Increasingly Cited in Nursing Home Abuse Cases

February 18, 2016 | Associates and Bruce L. Scheiner

If you’re over the age of 35, you could be forgiven for not being familiar with “Snapchat.” But it’s worth learning about, considering it has more than 200 million active users and is one of the fastest social media apps in the world. It’s also being cited in an alarming number of nursing home abuse cases across the country.

Take for example:

In August, two aides at a nursing home in Massachusetts were arrested for reportedly posting humiliating videos of several nursing home residents. One involved an 86-year-old woman sitting on the toilet being asked questions about her sex life. Another was a 75-year-old woman under the caption, “Chuckie’s Bride.” In another, a 99-year-old woman tries to break free of the aide who is hugging her in her bed, telling her she loves her.
In California, sheriff’s officials in San Diego launched an investigation after a Snapchat video depicted an elderly nursing home patient nude in the shower, while a worker stands behind her laughing.
In Illinois, a nursing assistant films as another slaps the face of a 97-year-old dementia patient with a nylon strap as the woman begs for the pair to stop. The workers laugh at her.
In Ohio, a nursing assistant recorded residents who were coached to say, “I’m in love with coco,” which is slang for cocaine.
Most recently in Wisconsin, a former nursing assistant at a Wisconsin assisted living facility was arrested on felony charges after allegedly taking video of a mostly naked patient and posting on Snapchat. The patient is 93-years-old and suffers from Alzheimer’s disease and dementia. The 21-year-old former worker faces up to 1.5 years in prison.

Richmond v. Volk – Misnomer vs. Misjoinder in Personal Injury Lawsuit

February 18, 2016 | Associates and Bruce L. Scheiner

In any personal injury lawsuit, it’s imperative that plaintiff identify all relevant defendants to the claim and then properly name those individuals in the lawsuit.

It seems like a fairly standard, straightforward directive. But a simple typo can have serious consequences to a case, and plaintiffs need to know their attorneys have adequate experience and staff necessary to ensure such a mistake doesn’t happen.

Recently, this issue was before the Virginia Supreme Court in the matter of Richmond v. Volk. Continue reading ›

Report: Prescription Pain Medications Harming Injured Workers

February 16, 2016 | Associates and Bruce L. Scheiner

They are supposed to ease the pain and suffering of those recovering from an on-the-job injury. Increasingly, doctors are turning to opiod pain medications to help treat those who are hurt at work.

But even though a new National Safety Council report shows a quarter of all workers’ compensation prescription drug claim costs were for opiod pain medications, that same research reveals those who take these powerful medications don’t have better treatment outcomes. In fact, they are more susceptible to addiction, overdose and even death.

So where can workers and/or their families turn when these medications lead to serious adverse affects? The answer can be legally complex, depending on who prescribed the drugs and why. A number of recent court decisions have held that under some situations where injured workers have suffered overdoses as a result of pain medications they were receiving for work injuries, the workers’ compensation insurer may be liable to cover medical expenses. lost wages and if applicable, death benefits. Continue reading ›

Cisson v. C.R. Bard – Court Affirms $2M Verdict

February 14, 2016 | Associates and Bruce L. Scheiner

The U.S. Court of Appeals for the Fourth Circuit upheld a $2 million verdict in Cisson v. C.R. Bard in favor of a plaintiff who had to undergo painful revision surgery due to a faulty transvaginal mesh implant.

Unfortunately, a significant portion of that damage award will go straight to the state of Georgia, and not to the plaintiff. The reason has to do with the fact that state has a provision entitling taxpayers to 75 percent of whatever is recovered through punitive damages. In this case, $1.75 million of the damage award was for punitive damages, while $250,000 was for compensatory damages.

(Punitive damages are those which are intended to punish the defendant, while compensatory damages are intended to compensate the victim for actual losses.) Continue reading ›

Espinoza v. Arkansas Valley Adventures – Tourist Injury Lawsuit

February 12, 2016 | Associates and Bruce L. Scheiner

Fort Myers is a tourist destination, and those engaging in an array of outdoor activities – kayaking, parasailing, waterskiing, skydiving, boating, hiking, bicycling and more – are taking on some level of inherent risk.

When these trips are part of organized events, participants assume a degree of risk by choosing to be involved. Legally, this is called “assumption of risk.” However, this does not absolve companies from taking reasonable measures to keep customers safe. That involves abiding industry standards as well as local laws and regulations.

When a person is injured in these type of activities, it’s important for tourists to consult with a local personal injury attorney, familiar with Florida civil law. Continue reading ›

Scheiner Sponsors Cape Coral Bike Night Saturday, Feb. 13th

February 12, 2016 | Associates and Bruce L. Scheiner

Cape Coral Bike Night is coming this weekend, Saturday, Feb. 13th from 5 p.m. to 10 p.m. Associates and Bruce L. Scheiner, Attorneys for the Injured, are proud sponsors of this lively event.

Held quarterly, the first event this year takes place the day before Valentine’s Day, with the Cape Coral Parks and Recreation serving as organizers.

Thousands of motorcycle enthusiasts will come roaring into the Cape to enjoy raging rock and rowdy country music from live bands. They wolf down fiery food and ice cold drinks and bond with other bikers. It’s also a great opportunity to check out all the latest biker products, gear and, including helmets and other critical safety equipment. Continue reading ›

Summerhill v. Klauer – Motorcycle Accident Victim Gets New Trial

February 10, 2016 | Associates and Bruce L. Scheiner

A motorcycle accident victim will have the opportunity for a new trial after an appeals court ruled the trial judge erred in excluding certain evidence that would have been beneficial to the plaintiff.

Summerhill v. Klauer was an accident that involved a motorcyclist and a moped rider in Indiana. We explore the case here as some of the legal matters at issue are pertinent to motorcycle accident victims in Fort Myers too.

According to court records, the excluded evidence at issue was:

Plaintiff’s accident reconstruction expert witness testimony;
Evidence of defendant’s dishonesty, based on a decades-old fraud conviction which he lied about under oath in these proceedings;
Plaintiff’s expert medical witness testimony as to the likelihood his injuries were result in post-traumatic arthritis in the future.