Florida Injury Lawyer Blog

Harris v. Norfolk Southern Railway Co. – New Trial in Train Derailment Case

May 10, 2015 | Associates and Bruce L. Scheiner

A woman seriously injured when a train derailed in West Virginia will have to endure a second trial after a federal appeals court ruled the trial court erred on an essential legal question.

The U.S. Court of Appeals for the Fourth Circuit found no fault with the trial court in its determination that the train operators breached its duty of care to properly inspect the track where the derailment occurred. However, it was decided on appeal in Harris v. Norfolk Southern Railway Co. that the court did not properly consider whether that breach of duty proximately caused the derailment that led to plaintiff’s injuries.

This is a critical point because in any negligence case, one has to show:
–A duty of care exists;
–The duty was breached;
–The breach proximately caused plaintiff injury.
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Florida Bicycle Safety: Improvements on the Horizon

May 8, 2015 | Associates and Bruce L. Scheiner

There are still plenty of reminders in the headlines that Florida is not a safe place for bicyclists.

For example, there was the fatal bicycle crash on the Julia Tuttle Causeway in Miami in which a cyclist in his 20s died after being a struck by a vehicle after another driver cut off that motorist. In Palm Beach County, there was a cyclist flown to a nearby hospital in serious condition after being struck on Beach Road near U.S. 1. In Bradenton, a bicyclist was struck and killed trying to cross the street in a crosswalk when he was struck by a Jeep. And in Delray Beach, a prominent New York bank executive was killed after being struck by a vehicle as she road in the bike lane on State Road A1A in Highland Beach.

All of this backs Florida’s reputation as the No. 1 most dangerous place for bicyclists in the country. But even in light of all this, there is evidence the situation may be improving. That’s the assertion made by bicycle safety advocates writing a special feature in The News-Press.
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Westin v. Groh – Hotel Liability for Drunk Driving Injury

May 3, 2015 | Associates and Bruce L. Scheiner

The Colorado Supreme Court recently ruled a young women severely and permanently disabled in a drunk driving accident may proceed with her case (via her parents) against the hotel from which she and several friends were evicted around 3 a.m. after a night of partying – despite pleas from the group that they were drunk, in no shape to drive and temperatures outside were freezing.

The case of Westin Operator, LLC v. Groh underscores the special relationship that exists between innkeeper and guests. The court was careful to say this was not a mandate that hotels evicting guests have a responsibility to call a taxi or to ensure former guests safely get to their next destination. What they do have a responsibility to do is evict a guest in a reasonable manner, and that means not kicking someone out into a foreseeably dangerous circumstance, which could result either form guest’s personal condition or environment.

The court didn’t say the hotel was liable. Rather, the evidence is sufficient to overcome a defense motion for summary judgment because a reasonable jury could find in plaintiff’s favor. Thus, the case will proceed to trial.
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Fatal Florida Crash at Closed Race Track Raises Questions

May 2, 2015 | Associates and Bruce L. Scheiner

Drivers who want the thrill of getting behind a luxury car or revving the engine on a high-powered vehicle have the option of patronizing one of 50 race tracks located throughout the state – including one in Naples and another in Immokolee.

But these experiences are not without risk, as a recent incident at the Walt Disney World speedway revealed when a novice driver paid for the chance to take the wheel of a Lamborghini to celebrate his 24th birthday. A professional driver was seated next to him.

According to news reports and for reasons that aren’t clear, luxury vehicles on the track traveled the opposite direction from which the track was designed. Actual race cars went in the correct direction (though not at the same time as the luxury cars). Although we don’t yet know how or why this practice started, it’s been called into question since that 24-year-old driver lost control of that Lamborghini before slamming into a guardrail that impaled the vehicle and killed the instructor.
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Broom v. Wilson Paving & Excavating – Trench Collapse Injury Spurs Third-Party Lawsuit

May 1, 2015 | Associates and Bruce L. Scheiner

A temporary laborer hired to help on a high school stadium construction project sustained serious injuries his first day on the job when a trench collapsed.

He ultimately secured a $1.15 million judgment against the paving company in a third-party lawsuit, and the Oklahoma Supreme Court recently ruled those funds can be garnished from the firm’s insurance policy.

Workers who excavate or dig in trenches are at risk of death if they enter a trench that isn’t protected and the walls collapse. It may seem a few feet of dirt isn’t that dangerous, but consider that a single cubic yard of dirt can weigh more than 3,000 pounds. That’s enough to easily suffocate or fatally crash a worker. Between 2000 and 2009, more than 350 workers in the U.S. were killed in trenching and excavation cave-ins. Hundreds more were seriously injured.
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Evans v. McCabe – Florida Dram Shop Lawsuit to Proceed

April 27, 2015 | Associates and Bruce L. Scheiner

Florida dram shop liability laws exist so that those harmed by drunk drivers may collect damages from entities that knowingly served alcohol to minors or people known to be habitually dependent on alcohol. Dram shops are any establishment that serves alcoholic beverages to the public.

In addition to allowing an avenue of recovery for victims of drunk drivers, F.S. 768.125 is intended to deter bars and restaurants from simply selling as much alcohol as possible to whomever without regard for the consequence to the public.

The law holds businesses accountable under one of two conditions:
–Drunk driver was not yet of legal age to consume alcohol (21) and the bar employees knew or should have known this fact;
–Drunk driver was habitually addicted to alcohol and bar staff knew or should have known this fact.
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South Florida Tourist Injury Critical, Driver Arrested for Hit-and-Run

April 26, 2015 | Associates and Bruce L. Scheiner

Florida is a prime destination for people from all over the world at all times of the year. In addition to warm sandy beaches and popular theme parks, there are countless music festivals and concerts, art shows, cruise line departures, resorts, boating, water sports, diving, race tracks, casinos, golf courses and water parks.

Most of the time, our tourists leave with a tan and a lot of good memories.

Unfortunately, that’s not true for everyone. For visitors, a serious accident not only wrecks their vacation, it can result in substantial medical bills and other costs – which are all complicated by the fact that home and family is far away.
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Bartlett v. Commerce Ins. Co. – Timely, Properly File Auto Insurance Claims

April 25, 2015 | Associates and Bruce L. Scheiner

As far as insurance coverage goes, plaintiff in Bartlett v. Commerce Ins. Co. was fairly well situated to fully recover damages for injuries sustained in a motorcycle accident.

After all, she had a total of five insurance plans that provided some degree of coverage for her injuries. However, because not all claims were filed properly and/or timely, it appears she may only collect from one of those, which will not cover all the injuries she sustained.

This case is proof that just because you pay for a good auto insurance plan doesn’t mean you can assume those companies will take care of you. More times than not, it’s your personal injury attorney who must go to bat for you to ensure you obtain the compensation to which you are entitled.
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Study: Impact Absorbent Floor May Reduce Injuries to Nursing Home Residents

April 18, 2015 | Associates and Bruce L. Scheiner

Swedish researchers recently tackled the issue of falls in nursing homes in an effort to explore outside-the-box ways of preventing serious injury.

The Centers for Medicare and Medicaid Services report notes the incidence rate for falls in nursing homes is about three times the rate of those who live in the greater community. In fact, the latest figures show 1.7 falls every year per bed. That means more than likely, residents fall multiple times a year.

The consequences of these falls are serious. Between 10 and 25 percent result in a fracture, laceration or need for hospital care.
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Report: Texting Bans Lead to Drop in Car Accident Injuries

April 16, 2015 | Associates and Bruce L. Scheiner

A new study reveals the numerous state-level bans on texting-while-driving may actually be having their intended effect.

Researchers from the Texas A&M School of Public Health reported hospital emergency room visits within the 45 states that had enacted some type of texting restriction for drivers between 2003 and 2010 dropped by a full 7 percent.

Researchers did note that while they could not prove the legislation was the absolute cause of the decrease in critical injuries in those states, they opine it is likely a significant factor. As of today, two states – Arizona and Montana – still have no ban on texting for drivers. Three other states, Texas, Oklahoma and Missouri, have only partial bans on texting drivers.
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