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 ›
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 ›
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 ›
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 ›
The sexual abuse of minors is not only a gravely serious criminal act, it is also grounds upon which victims may seek damages in civil court. In many cases, it is not only the offender who is named, but also the company or institution at which the alleged abuser was employed. This is for a number of reasons, including:
An example would be a lawsuit against a school district for abuse suffered by a student from a coach on school grounds. The school would be vicariously liable for the actions of its employee, but it also separately owes a direct duty to adequately supervise and protect the student. Continue reading ›
Lee Memorial Health System is the No. 1 employer in Lee County, with 9,500 workers in four different hospitals. Most of the injury lawsuits it faces are going to be:
There are differing proof burdens for each, and the level of evidence needed in medical malpractice cases is especially high.
However, there is a third type of claim that could arise, and it’s important to make the distinction: General negligence. That is, if the person injured wasn’t a worker or a patient and the injury didn’t stem from some violated provision of health care, it’s likely a general negligence claim. The reason it’s necessary to classify this upfront is that medical malpractice claims almost always require expert witness testimony and there are certain time limits and lawsuit notification deadlines that have to be met.
Sometimes, health care systems will argue that a claim filed as general negligence is in fact medical malpractice because they want plaintiffs to face additional hurdles. That gives defendant hospitals and health care workers more of an opportunity to prevail in their case. Continue reading ›
The case of a teen pedestrian who suffered serious injury as a result of being struck by a vehicle will be retried after the Hawaii Supreme Court ruled instructions to the jury prior to the verdict were both erroneous and prejudicial. 
The case of Samson v. Nahulu was complex for the fact that it contained a host of witness descriptions of the incident, and several of those were conflicting. That meant there were many different issues of material fact for the jury to weigh. Juror instructions are critical in any injury lawsuit, and mistakes could open the door for a successful appeal – no matter which side prevails at trial.
Both plaintiffs and defendants have the opportunity to propose jury instructions on various issues of law as they pertain to the case, through it’s ultimately up to the judge whether to approve or reject submissions. Continue reading ›
The Fort Myers News-Press reports that Medicare is penalizing Lee Memorial Health System millions of dollars over the next 12 months because the hospital’s rate of avoidable patient infections and other preventable issues is too high. 
The hospital system will not receive $2.4 million in Medicare payments in 2016 as a result of hospital-acquired infections, which include bloodstream infections, and also for problems with bedsores and falls.
According to Kaiser Health News, hospitals in Lee Memorial were among 721 punished by the federal government for high rates of patient injuries and infections. Some cases involved the most renowned hospitals in the country, including the Cleveland Clinic, the Hospital of the University of Pennsylvania in Philadelphia and the Brigham and Women’s Hospital in Boston. In fact, 1 in every 7 hospitals nationally will have their Medicare payments reduced by 1 percent over the course of the 2016 fiscal year, which began in October. In total, 31 hospitals in Florida faced similar penalties. Continue reading ›
A commissioner for the City of Portland, Ore. has received an agreement to settle one of the pending wrongful death actions for the loss of her husband for $1.45 million. The settlement was reached with the Oregon Department Transportation following a head-on collision in September 2014 on a stretch of interstate with no cable median barriers. Another $750,000 was paid by the state to the family of the front seat passenger, who also died.
Another $9.5 million lawsuit against two other drivers is still pending.
Additionally, decedent’s widow pushed hard for legislative action that would specifically require the Department of Transportation to finish erecting median barriers on 100 miles of unprotected highway identified as prone to deadly cross-over crashes, such as the one that killed decedent. Senate Bill 921, known as the “Fritz-Fairchild Act,” was passed by both legislative bodies, signed by the governor and codified in Chapter 275 of the state’s 2015 laws. It becomes effective Jan. 1, 2016. The measure will specifically target a dangerous, unbarricaded stretch of interstate that has been neglected for years as political priorities shifted. This was despite the DOT being aware of the need for updates as far back as 1996.
These new changes will cost an additional $20 million. Continue reading ›
A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy water, the woman waited for emergency response that would be too late for her. 
It took 53 minutes from the time she placed the call until firefighters and police arrived. She was deceased when they pulled her out. Her son did survive initially, but was critically ill and suffered brain damage. He died two years later from injuries related to the crash.
His father filed two wrongful death lawsuits against the city for failed emergency response. The first case, Yang v. Little Rock City, et al., was filed in 2013 on behalf of his son. A second lawsuit with the same name, Yang v. Little Rock City of, et al., was filed this year on behalf of his wife. The lawsuits allege the long delay in the arrival of a water rescue team meant his wife and son suffered prolonged exposure to cold water, which ultimately led to their deaths. He asserts this delay was preventable, and could be attributed in large part to a single employee who was known to have serious performance issues, even before she was hired. Continue reading ›
Florida Injury Lawyer Blog