Florida Injury Lawyer Blog

Aquila v. Brisk Transportation – Child Paralyzed in Florida Car Accident

August 27, 2015 | Associates and Bruce L. Scheiner

Florida’s Fourth District Court of Appeal has denied an appeal by a mother, on behalf of herself and paralyzed toddler, seeking a new trial for numerous trial errors that resulted in a finding of zero liability against named defendants in a horrific Florida truck accident.

In the case of Aquila v. Brisk Transportation, the appeals court did not deny there were numerous errors made by trial court. Unfortunately, those issues were not properly preserved by plaintiff’s attorney during trial, so she had no grounds on which to successfully appeal.

This, of course, is why it is so imperative to hire an experienced personal injury lawyer to handle your case – especially one of this magnitude, where the injuries are severe, disabling and long-lasting.

Munn v. Hotchkiss Sch. – School Liability for Student Illness to be Weighed

August 26, 2015 | Associates and Bruce L. Scheiner

A high school freshman who went on a school summer foreign enrichment program to China returned forever changed after suffering a tick bite through which she contracted encephalitis. She became gravely ill while on the trip, had to be transferred to a hospital in Beijing and was ultimately flown back to New York, where medical doctors properly diagnosed her.

The effects have been devastating. She lost her ability to speak. Her face is partially paralyzed. She also lost some cognitive function, though she was able to eventually graduate from high school and attend college classes.

She and her parents sued the Connecticut private school where she attended and that had organized the trip, and ultimately won a $41.5 million judgment against the school, of which $31.5 were non-economic damages.

CDC: 4.2 Million Americans Concede to Driving Drunk in Last Month

August 22, 2015 | Associates and Bruce L. Scheiner

Drunk driving is deadly. That’s no news flash. Operating a vehicle while impaired by alcohol increases the risk of a crash four-fold (or 12-fold if the driver has a blood-alcohol level of higher than 0.15). These drivers are responsible for at least a third of all fatal crashes in the U.S., killing more than 10,000 people every year.

But apparently, that doesn’t convince enough people to stop doing it.

In a recent analysis by the U.S. Centers for Disease Control and Prevention of self-reported data from 2012, more than 4.2 million adults admitted to driving at least once while under the influence of alcohol in the last 30 days.

If we take that figure as a monthly average, that means nationally, there are 121 million trips made by impaired drivers across the country every single month. We’re talking about a national rate of 505 episodes per 1,000 population each year. Continue reading ›

Nat’l Am. Ins. Co. v. Artisan & Truckers Cas. Co. – Insurance Duty to Defend in Truck Accident

August 21, 2015 | Associates and Bruce L. Scheiner

Insurance companies have a broad duty to defend policyholders in actions where they are accused of liability. One example would be an auto accident.

While this may seem of little consequence to the plaintiff, it matters because plaintiffs are ultimately looking to hold the insurance companies liable. That’s because the insured individual likely has far fewer personal resources to pay actual damages. Insurance companies, meanwhile, exist for the purpose of protecting against risk and paying damage claims.

This is why often times if an insurer is wrongly denying a claim and/or duty to defend, plaintiff may settle with the defendant for the right to stand in defendant’s place and sue his or her insurance company for breach of contract and/or bad faith. Continue reading ›

Fort Myers Girl Injured in Back Over Driveway Accident

August 20, 2015 | Associates and Bruce L. Scheiner

A 1-year-old girl was injured in Fort Myers in a back over accident at a family gathering.

According to a news report by NBC-2, the family was gathered for an outdoor cookout on a recent Friday afternoon.

The girl’s mother told authorities a relative was pulling his truck out of the driveway when the toddler suddenly ran behind the vehicle. She then fell over, and the truck ran over her arm. Continue reading ›

Alleged Airbnb Attack Raises Legal Liability Questions

August 19, 2015 | Associates and Bruce L. Scheiner

Airbnb is an online service that allows those with residences to rent them on a short-term basis. Often those who use the service are traveling, and it offers an authentic local experience that is often a cheaper alternative to pricey hotels.

But there is a lot that can go wrong. Horror stories abound, including one recently chronicled in The New York Times.

A 19-year-old from Massachusetts traveled to Madrid in mid-July. He had arranged to stay at a private residence through Airbnb. When he arrived, however, his host locked the door, removed the key and began rattling knives in the kitchen as he pressed the teen to submit to sexual contact, according to the traveler’s account. Continue reading ›

FSU Study: Phone Alerts as Distracting as Actually Messaging

August 3, 2015 | Associates and Bruce L. Scheiner

It’s well known that sending and reading text messages while driving is a danger. So too is talking on the phone, even with a hands-free model.

But now, a new study by researchers at Florida State University reveals there is another equally distracting aspect of our smart phones: The alerts.

That simple “ding!” or song ringtone or even a quite vibration can impair a person’s ability to focus on a specific task – like driving.

Injury to Sports Fan Prompts Lawsuit Seeking Better Stadium Protections

August 2, 2015 | Associates and Bruce L. Scheiner

When it comes to baseball and other spectator sports, courts have generally held that stadium owners have only a limited duty to protect vulnerable sections of fans from flying balls, bats, pucks or other game-related objects. For the most part, it has been found fans assume the risk of injury when they are hit by a foul ball or a hockey puck.

The idea is that if a fan chooses to sit in those closer seats, he or she assumes the risk of being struck by a flying object, and therefore has a duty to pay close attention to what’s happening so as to react quickly and prevent injury to themselves.

But a series of serious injuries suffered to sports fans in recent years has prompted a class action lawsuit that seeks to expand stadium owner duties of care and improve safety for those who patronize professional sports.

Kimminau v. City of Hastings – Government Liability for Roadway Cleanup

August 1, 2015 | Associates and Bruce L. Scheiner

When a crash occurs on government roads, it is the duty of government authorities to close the roadway in a timely manner until debris has been cleared and the site is safe for traffic. Once the roadway has been cleared for resumed traffic by authorities, the government could be liable for remaining debris left in the road, should it be the cause of a traffic accident resulting in injury.

This was the situation in Kimminau v. City of Hastings, recently weighed by the Nebraska Supreme Court.

A messy spill of food material on the road occurred as a result of a truck accident. Government employees and volunteer firefighters were called to clear the debris from the road. They did so and the road was cleared for traffic. But when an accident the following day was attributed to remaining debris from that earlier crash, the question was who was responsible.

Dakter v. Cavallino – Truck Driver Negligence Verdict Affirmed

July 31, 2015 | Associates and Bruce L. Scheiner

All motorists are held to the same duty of care standard when operating a vehicle, and that is the duty of reasonable care. That means acting the same a reasonably prudent driver would under the same or similar circumstances.

Semi-truck drivers are no different. However, there are in many ways held to a higher standard than others for several reasons. The Federal Motor Carrier Safety Administration requires truck drivers and truck companies to adhere to certain drive-time limits, weight restrictions and training requirements in order to be road-worthy. That training involves teaching truckers to use extra care, remain alert and operate at a safe speed.

In the recent case of Dakter v. Cavallino, before the Wisconsin Supreme Court, the question was whether jurors wrongly held the trucker had a higher standard of care when they were asked to weigh if he’d acted as a reasonably prudent truck driver would under similar circumstances. The state supreme court held that it did not, and affirmed the $1.1 million verdict in favor of injured plaintiff and his wife.