October 29, 2010

Belle Glade Man Awarded $720,000 Palm Beach County Truck Accident Verdict by Jury

by David J. Halberg, Esq.

A jury has awarded Niven Anderson $720,000 for his Glades, Florida truck crash injuries. The Belle Glade store owner was injured in 2007 during a hit-and-run traffic crash.

Anderson had to undergo surgery for his back and neck injuries. Gypsum Express Ltd. and trucker Matthew Moore are the defendants of the Palm Beach County truck accident lawsuit.

Hit-and-Run Accidents
Hit-and-run traffic crashes can further exacerbate the injuries of victims, who may end up having to wait even longer to receive medical help than they would have if only the other party that was involved in the accident had stopped at the collision site and called for help. Hit-and-run driving is against the law.

Florida Truck Accidents
Many trucking companies have the team and resources to dedicate towards minimizing liability during a Florida truck crash. This is just one of the many reasons why it is so important that you explore your legal options with a Palm Beach truck accident law firm that knows how to handle this type of South Florida injury case.

In other recent Florida truck collision news, a landscaper sustained facial injuries and a concussion after he was injured in a Lighthouse Point 18-wheeler truck accident on Friday. The worker, who was trimming trees, was in the bucket of a hydraulic arm that was stretched over the North Federal Highway when the semi-trailer truck passed below him.

Some of the Common Causes of Florida Truck Crashes:

• Distracted driving
• Driver inattention
• Speeding
• Failure to obey traffic laws
• Drowsy driving
• Poor truck maintenance
• Truck overload
• Medical conditions, such as sleep apnea
• Driving while on medication

Belle Glade store owner wins $720,000 for injuries in hit-run crash, The Palm Beach Post, October 27, 2010

Landscaper in cherry picker injured after truck hits him, Sun-Sentinel, October 29, 2010


Related Web Resources:
Federal Motor Carrier Safety Administration

The Truck Safety Coalition

Fatality Analysis Reporting System

October 28, 2010

Widower Files Palm Beach County Wrongful Death Lawsuit Against Comcast Over Botched 911 Call

by David J. Halberg, Esq.

The widower of an 81-year-old woman who bled to death while waiting for emergency workers to arrive at her home is suing Comcast for her Palm Beach County wrongful death. The woman, Sidell Reiner, died from injuries that she sustained while making Thanksgiving dinner for her family last year. Seymour Reiner, her husband, was not home at the time. He had left for the airport to pick up their grandkids.

According to his Palm Beach, Florida wrongful death complaint, Reiner was setting the table when a wine glass dropped on her foot. She began to bleed heavily and dialed 0 on her phone to get help. Unfortunately, the Comcast operator couldn’t figure out Reiner’s address.

Reiner is said to have called several times for help, but it was 17 minutes before Palm Beach County Fire Rescue arrived at the scene. By then, Sidell was unable to answer the door, and rescuers left the premise without looking through the windows. If they had done so, Seymour’s wrongful death lawyer says that they might have seen blood everywhere and realized that the elderly woman was in trouble.

Seymour returned home to discover his wife dead on the floor. She died from a severed artery in her foot. The couple were married for 62 years.

Seymour says that he also intends to sue Palm Beach County and Boynton Beach for his wife’s Florida wrongful death. Meantime, a representative for Boynton Beach has said that because the Seymour address was outside its city limits, the call was sent over to the Palm Beach County Fire Rescue.

Those involved in the handling of a 911 emergency call can be held liable for Palm Beach wrongful death or personal injury if their negligence contributed to causing someone to suffer further injuries or health issues. Paramedics responding to a call and their employers can be sued for Palm Beach medical malpractice if failure to provide the proper medical care causes a patient to suffer further.

There may be more than one party who should be held liable for your Boynton Beach personal injuries or a loved one’s wrongful death.

Lawsuit Blames Comcast For Elderly Woman's Death, MSNBC, October 28, 2010

Read the Complaint (PDF)


Related Web Resources:
Palm Beach County Fire Rescue

About Comcast

October 26, 2010

South Florida Sex Abuse Lawsuit Seeks $5 Million from Archdiocese of Miami

by David J. Halberg, Esq.

A 55-year-old man is suing the Archdiocese of Miami for Florida personal injury. The plaintiff, Willard Trent, says that a priest sexually abused him when he was an altar boy during the 1960’s. Trent is seeking in excess of $5 million in damages.

At the time the alleged Florida sexual abuse incidents were taking place, the priest, Father Thomas Dennehy, was the pastor of St. John the Baptist church and the principal of Cardinal Gibbons High School. He retired in 1993 and died in 1999.

Trent claims that the sex abuse happened on more than one occasion. He says that sodomy and oral sex were involved and that Dennehy would occasionally dress him in a Catholic school girl’s uniform. Trent says that other priests participated in some of the sexual acts. He says that he repressed the memories until last year when he went back to the church and his memories resurfaced. Trent contends that the Archdiocese know that Dennehy was sexually abusing minors and chose to conceal the alleged incidents. The Archdiocese has said that until Trent stepped forward, it was unaware of any alleged sexual abuse incidents involving Dennehy.

Sexual Abuse as Personal Injury
Unfortunately, over the years many children have been victimized by clergy sex abuse. In many incidents, the molestation and sexual assault incidents were concealed up by the Catholic Church while the alleged perpetrators involved were transferred to other parishes where more child sex abuse allegations would then surfaces.

Sexual abuse of any kind causes grave emotional and psychological injury to its victims. Not only can a perpetrator be sent to jail for assaulting or molesting another person, but he or she can also be held liable for Miami personal injury.

Willard Trent Sues Archdiocese of Miami for $5 Million Over Alleged Sexual Abuse, Miami New Times, October 5, 2010

Archdiocese of Miami sued in sex abuse claims, Miami-Dade, October 6, 2010

Man: Priest Sexually Assaulted Me 40 Years Ago, CBS4, October 5, 2010


Related Web Resources:
Archdiocese of Miami

Abuse in the Catholic Church, The Boston Globe

October 21, 2010

Miami Car Crash Severs Teenager's Leg

by David J. Halberg, Esq.

According to the Miami Herald, 17-year-old Palida Pongpluempitichai is at Memorial West Hospital recovering after a serious car accident caused her to lose part of her right leg. Doctors were unable to successfully reattach the leg after the Miami car crash and had to cut to above her knee.

The Florida injury collision happened on Wednesday as Pongpluempiticha, whose nickname is Monica, was giving a tour of Archbishop McCarthy High School to a group of eighth-graders from several Broward and Miami-Dade schools. The teenager was taking them to a bus when she was struck by a Toyota Corolla in the school parking lot. The driver of the car, Pembroke Pines resident Marie Baguidy, 71, was there to pick up her two grandkids when she lost control of her vehicle while backing up.

The auto accelerated and jumped onto the sidewalk. 15-year-old Aaron Herrera sustained a minor hand injury. Pongpluempitichai was flown to a Hollywood hospital. Several students saw the harrowing Miami pedestrian accident.

Catastrophic Injuries
As our Miami car accident lawyers have said in other blog posts, traffic crashes can result in catastrophic injuries that can be life-altering, costly, and even prove fatal. Examples of catastrophic injuries:

• Paralysis
• Paraplegia
• Quadriplegia
• Brain damage
• Coma
• Organ damage
• Crushed bones
• Head injuries
• Disfigurement
• Serious burns
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries
• Severed limbs

Someone with a catastrophic injury may have to undergo numerous surgeries and other medical procedures, take prescription medications, undergo physical therapy and other rehabilitation services, and/or require round-the-clock care. This can take a financial toll on the victim and his/her family and friends.

Parents of Archbishop McCarthy teen who lost leg in car crash describe their daughter's ordeal, Sun-Sentinel, October 29, 2010

Service held for teenage girl in horrific crash, October 21, 2010

Prayer Service Held for Teen Whose Leg Was Severed in Crash, NBC Miami, October 21, 2010


Related Web Resources:
Car Accidents with Pedestrians, Nolo

Florida Department of Transportation

Continue reading " Miami Car Crash Severs Teenager's Leg " »

October 19, 2010

Man Kicked in the Face by Stripper to Receive $650,000 Palm Beach Personal Injury Settlement for Eye Injury

by David J. Halberg, Esq.

A Loxahatchee man who was injured after a stripper kicked him in the face with her high heel has reached a $650,000 Florida injury settlement with the Cheetah Palm Beach nightclub and dancer Sakeena “Suki” Shager. Michael Ireland was getting a lap dance in 2008 when the incident happened.

Ireland contends that while dancing, Suki poked him in the eye with the stiletto heel of her spiked shoe. The Palm Beach injury incident punctured his eye socket and broke the bones around his nose and eye. Ireland reportedly has had to undergo several surgeries but will continue to have double vision for life. Gather.com reports that the Cheetah Club opted to settle rather than going to court because it was concerned that a jury would order it to pay Ireland a larger amount.

Florida Personal Injury
In Florida, if negligence, wrongful conduct, or inappropriate actions were a factor, you can file a personal injury lawsuit against the party or parties responsible for your injuries or the death of a loved one. It is important that you are represented by an experienced Palm Beach personal injury law firm that knows how to properly pursue your case, deal with the other parties and their insurers, and do all that is necessary to help you obtain the maximum recovery allowed.

Lap Dance Injury Settlement - Michael Ireland Gets $650K for Eye Injury, Gather.com, October 14, 2010

Loxahatchee Man Gets $650,000 In Stripper Kick Lawsuit, WPBF West Palm Beach, October 14, 2010

Continue reading " Man Kicked in the Face by Stripper to Receive $650,000 Palm Beach Personal Injury Settlement for Eye Injury " »

October 15, 2010

Fatal Florida Dog Attack Leads to Wrongful Death Lawsuit

by David J. Halberg, Esq.

The family of Robert J. Klatch has filed a Florida wrongful death lawsuit against the owners of the pit bull that attacked him on February 11, 2009. Klatch, an 83-year-old Port St. Lucie man, died more than two months after the injury accident.

According to the St. Lucie County wrongful death complaint, Klatch was riding in a golf cart in the Cascades when a pit bull named Buddy, owned by Jane and Harvey Cutler, attacked his shih tzu, who was running next to to him. Buddy reportedly was not leashed and was “running loose” at the time.

Buddy then attacked Klatch, who had been thrown from the cart and was trying to save his dog. He died on April 21, 2009 from injuries he sustained during the Florida dog attack and fall accident.

Klatch’s family is suing the Cutlers, Castle Management, and Cascade at St. Lucie West Residents’ Association, and their respective insurers. The plaintiffs contend that the leash laws and dog weight limits in the subdivision’s covenants should have been upheld.

Dog Bite Injuries
Injuries from a dog attack can be very serious. Nerve damage, disfigurement, maul injuries, internal injuries, facial injuries, broken bones, and permanent scarring are some of the injuries that can result. In Florida, it doesn’t matter whether or not the dog has injured someone in the past or there was other evidence to indicate that the dog could prove dangerous to others. A dog owner can be held liable for injuries inflicted by his/her dog.

In the US, about 16 people are killed each year because they were bitten or mauled by a dog. Another 800,000 people a year require medical attention for their dog bite injuries.

Wrongful death suit filed over Port St. Lucie dog attack, TC Palm, October 11, 2010

Dog Bite: Fact Sheet, Centers for Disease Control and Prevention


Related Web Resource:
Florida Dog Bite and Dangerous Dog Laws, Animal Legal & Historical Center

October 12, 2010

Driver in Palm Beach County Car Accident that Caused the Death of 10-Year-Old Loxahatchee Girl May Have Been Drunk

by David J. Halberg, Esq.

A Palm Beach County car accident early Sunday involving a suspected drunk has claimed the life of Khonil Louis, a 10-year-old Loxahatchee girl. Police say that Louis died from a severe neck injury.

According to deputies from the Palm Beach County Sheriff’s Office, Louis was riding in the backseat of a 2004 Honda when the vehicle she was in collided with a Ford F-250 pickup truck that was stopped. Deputies believe that the truck’s driver, West Palm Beach resident Mark William Bradley, may have been driving under the influence of alcohol. It is not clear whether Louis was wearing a seat belt at the time of the South Florida auto collision.

According to the National Highway Traffic Safety Administration, last year, alcohol was a factor in 770 of the 2,558 Florida traffic fatalities that occurred. Most drunk driving accidents that have happened could have been prevented if only motorists involved hadn't been driving while inebriated.

In another recent South Florida traffic crash involving an alleged drunk driver, police say that alcohol was a factor in the Ft. Lauderdale motorcycle accident that claimed the life of Miami Heat Dancer Nancy Lopez. The 22-year-old died instantly when the motorbike she was riding was rear-ended by a Mercedes.

CBS4.com reports that the Mercedes’ driver, Mario Careaga, admitted to the police on the night of the Broward County, Florida traffic accident that he had consumed two vodka drinks. One cop noted that Careaga's breath smelled of alcohol, his speech was slurred and his eyes were bloodshot. An investigation is ongoing.

Drunk driving can blur a motorist’s vision, impair perception, slow reflexes, fog the mind, cloud judgment, impact balance, and generally make it harder for the driver to detect danger, avoid becoming involved in a crash, or in some cases even realize that an accident is about to or has happened.

Girl killed in Palm Beach County crash, Orlando Sentinel, October 10, 2010

Miami Heat Dancer Killed in Motorcycle Crash, Miami NewTimes Blogs

Highlights of 2009 Motor Vehicle Crashes, Traffic Safety Facts (PDF)


Related Web Resources:
Mothers Against Drunk Driving

Florida Traffic Laws, DMV Florida

Continue reading " Driver in Palm Beach County Car Accident that Caused the Death of 10-Year-Old Loxahatchee Girl May Have Been Drunk " »

October 8, 2010

2,558 Florida Traffic Deaths in 2009, Says NHTSA

by David J. Halberg, Esq.

According to the National Highway Traffic Safety Administration, 2,558 people were killed in Florida traffic accidents last year. Alcohol was a factor in 770 of the fatalities. On one hand, these latest figures show positive progress. In 2008, NHTSA reported 2,980 Florida traffic fatalities—887 involving an alcohol-impaired driver. The number of Florida traffic deaths have gone down. That said, our Miami car accident law firm looks forward to the day when there are even less traffic injuries and deaths occurring each year in Florida.

Nationally, there also has been a decrease in motor vehicle traffic crash deaths and injuries. NHTSA reports that there were 33,308 motor vehicle fatalities in 2009—a 9.7% drop from the year before and the lowest number of deaths since 1950. Even the number of US motorcycle crash deaths went down from 5,312 fatalities in 2008 to 4,462 deaths in 2009.

More 2009 US Traffic Deaths and Injuries Facts:
• 2,217,000 traffic crash injuries
• 503 truck crash deaths
• 17,000 truck accident injuries
• 90,000 motorcycle crash injuries
• 4,092 pedestrian deaths
• 59,000 pedestrian injuries
• 630 pedalcyclist deaths
• 70,000 pedalcyclist injuries

US Transportation Secretary Ray LaHood says that the government is committed to making the roads safer.

NHTSA also has just released its 2009 Distracted Driving Fatality and Injury Numbers:
• 5,474 US distracted driving-related deaths
• 448,000 distracted driving-related injuries

Mr. LaHood has referred to distracted driving as an epidemic. Talking on the cell phone, texting, eating, playing computer games, fiddling with an iPod or stereo, surfing the Internet on a laptop, watching a movie on a portable DVD player, putting on makeup, and reading a book or magazine are just some examples of activities that people have been known to engage in while driving that have distracted them to the point that traffic crash injuries and deaths have occurred.

Although many states have imposed at least some (if not a full) restriction on texting and cell phone use, currently Florida has no such restrictions.

Distracted Driving 2009, NHTSA (PDF)

Highlights of 2009 Motor Vehicle Crashes (PDF)


Related Web Resources:

Florida Department of Transportation

US Department of Transportation

Distraction.gov

Continue reading " 2,558 Florida Traffic Deaths in 2009, Says NHTSA " »

October 6, 2010

Miami Couple Whose Child Suffered Fatal Brain Injury Caused by Florida Birthing Malpractice Receives $10.2M Wrongful Death Award

by David J. Halberg, Esq.

A US district judge has awarded Oscar Rodriguez and Raiza Bravo $10.2 million for the wrongful death of their son Kevin. The little boy died at the age of 3 of a brain seizure that was related to the Florida brain injury that he sustained during his birth at the US Naval Hospital in Jacksonville.

According to the plaintiff’s, the hospital staff did not realize that Kevin’s umbilical cord was wrapped around his neck during delivery. This resulted in serious brain damage.

During his short life, Kevin needed a special feeding tube so that his saliva could be sucked out of his mouth and he wouldn’t choke to death. Rodriguez would eventually have to remove their son from life support. The boy died in Miami.

Initially, U.S. District Senior Judge Jose Gonzalez Jr. had awarded the Miami couple $60.5 million in 2005 for Florida birthing malpractice. Kevin, who was still alive at the time but could not swallow, speak, sit up, or display any high function, was going to require a lifetime of medical care. The judge reduced the amount to $40.5 million following a government motion for reduction. However, the Florida medical malpractice case became a wrongful death one after Kevin passed away.

The government has argued that the couple should only receive $600,000 in damages. They claimed that the couple’s grief wasn’t any more significant than that of anyone else that had lost a loved one. The judge, however, disagreed.

Miami Birthing Malpractice
Florida Birth injuries can catastrophically alter a child’s life. Examples of injuries that can occur during labor or delivery:

• Fetal distress
• Fever
• Seizures
• Shoulder dystocia
• Cerebral palsy
• Brachial plexus
• Brain damage
• Erb’s palsy
• Meconium aspiration
• Brachial plexus palsy

Fla. Couple Awarded $10.2 Million in Significant Wrongful Death Case, Law.com, September 27, 2010

Read the 2005 Opinion (PDF)


Related Web Resources:
Birth Injury, Merck

Brain Injury Association

Birthing Injuries, South Florida Injury Lawyer Blog