personal injury lawyer Fort Myers Tag Archives

Suarez v. W.M. Barr & Co. – Exploding Paint Remover Injury Lawsuit to Proceed

December 18, 2016 | Associates and Bruce L. Scheiner

The U.S. Court of Appeals for the Seventh Circuit has re-opened the door for an injury lawsuit against the makers of a chemical commercial paint removal that allegedly exploded while used by a consumer, resulting in serious burns. Plaintiffs – the injured man and his wife – are alleging the product was defective and the product maker failed to warn of the danger.

The appellate court in Suarez v. W.M. Barr & Co. ruled that while the lower court appropriately rejected the failure-to-warn claim, the claims of design defect under theories of both strict liability and negligence should be allowed to move forward. Justices ruled that although the warning label on the product was adequate in identifying the product’s principle hazards and proper precautionary measures, the plaintiffs adequately showed the fire could have been caused by static sparks created when plaintiff agitated the chemical – as the warning label instructed. That means a genuine issue of fact exists as to whether an ordinary consumer would know to expect that a fire or explosion would occur under these circumstances, and also whether the product maker should have known that agitating the substance could cause it to ignite.

The incident in question happened in April 2012 when plaintiff purchased a one-gallon can of defendant’s chemical product, called “Goof-Off” to help him remove paint from a concrete floor in the basement of a building he owned. Plaintiff said he read most of the warning labels, which indicated the primary active ingredient is acetone, which is highly flammable and evaporates quickly at room temperature. Continue reading ›

Murphy v. Roth – Social Media and Juror Misconduct Weighed by 4th DCA

October 23, 2016 | Associates and Bruce L. Scheiner

The saturation of social media in modern society has been aided in part by the instantaneous gratification received via smartphone technology. People everywhere connect globally to automatically share anything from deep philosophical musings to the most mundane details of everyday life. It should come as little surprise then that it’s an issue that has come up in civil courtrooms across the country. Specifically: How do we keep jurors from publicly engaging about the cases they are charged with deciding, particularly while the proceedings are ongoing?

Part of the role of a Fort Myers personal injury lawyer is to carefully vet jurors who might oversee a case that goes to trial. We also have to occasionally monitor social media accounts to determine not just whether a juror may have engaged in misconduct by posting details or opinions about the case, but whether these actions may have prejudiced the plaintiff in a way that could warrant a mistrial or a new trial. We must be vigilant in protecting our clients’ rights.

In the recent case of Murphy v. Roth, before Florida’s Fourth District Court of Appeal, a plaintiff in an automobile accident lawsuit sought a new trial after it was revealed a juror in the case had been engaged on social media about his jury duty as well as his thoughts about the perceived greed of “everyone” trying “anything” to get money. Continue reading ›

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 ›

Concert Injury Victim Suing Popular DJ for Broken Neck, Ankle

July 9, 2015 | Associates and Bruce L. Scheiner

Many performers go the extra mile to engage audiences in a show they will want to always remember. Unfortunately, these may result in injuries some fans can never forget.

A recent personal injury lawsuit was filed against a popular electronic dance music DJ after a concert in San Diego. The DJ reportedly jumped into the crowd while riding an inflatable pool raft. The stunt was performed to massive cheers, but one fan says she got trapped underneath the raft. As a result, she suffered a broken neck and broken ankle.

In addition to the DJ, plaintiff is also suing the venue.