South Florida Injury Lawyer Blog

Cecelia L. Chinn, a 26-year-old pregnant woman, and her unborn child died from injuries they sustained during a Miami pedestrian accident on Saturday. According to the Florida Highway Patrol, Chinn and a man were crossing the street in the city’s Kendall neighborhood when she was struck by a 2008 Chevrolet Cobalt.

Chinn and her baby weren't the only ones to die in a South Florida traffic crash over the Thanksgiving weekend. On Thursday night, 36-year-old single mom Tarita Jonas, a Tamarac resident, suffered fatal injuries during a car crash on Interstate 95.

Jonas and her son Keajee Jonas, 16, had finished attending Thanksgiving dinner in Fort Lauderdale when the 2000 Toyota Avalon they were riding collided with a 2010 BMW 750i. She lost control of her vehicle, which then hit a concrete barrier wall. Jonas's son and the four people in the BMW did not sustain injuries.

As our Palm Beach car accident lawyers mentioned in our last blog post, the Thanksgiving weekend is considered one of the deadliest holiday periods of the year for vehicle occupants. As early as Wednesday night, the Florida Highway Patrol reported at least one deadly car crash that claimed the life of a 48-year-old driver, whose vehicle overturned after it was struck by another auto that was attempting to avoid another accident. The rollover ejected the driver and her two passengers from the auto.

Also on Thanksgiving Day, 89-year-old Peggy Osowski was killed in a Florida car collision when the car she was in was hit by another auto. Osowksi’s 26-year-old grandson Michael Osowski, who was driving the car she was a passenger in, did not sustain injuries. The driver of the other vehicle, 25-year-old Jason Meyers, sustained a non-life threatening injury.

Fla. pregnant woman dead after being hit by car, Miami Herald, November 29, 2010

Sheriff's official loses mom in Thanksgiving Day wreck, News-Journal Online, November 27, 2010

Family mourns Tamarac hairstylist killed in I-95 holiday crash, Sun-Sentinel, November 26, 2010

FHP reports two Thanksgiving fatal accidents, WDBO, November 25, 2010

Related Web Resources:
Florida Highway Patrol

Florida DMV

Florida "Personal Injury Protection"

Continue reading " Miami Car Crash Kills Pregnant Pedestrian and Her Unborn Baby " »

A 49-year-old pedestrian was seriously injured today when a vehicle that crashed into the bus bench he was sitting on severed his arm. The man was transported to Broward General Medical Center after the Ft. Lauderdale car accident.

In other South Florida traffic crash news, eight people were sent to local hospitals today after a Boca Raton SUV rollover crash on southbound Interstate 95. According to the Florida Highway Patrol, 18-year-old Javis Pace lost control of the SUV. Also injured were passenger Cliff Innocent, 19, Glenneisha Darkins, 18, Isnard Michaud, 18, Antown Wilson, 18, George Johnson, 25, Kenin Bailey, 18, and Quinisha Jones, 19. Most of them suffered serious injuries.

As we enter the holiday season, our Miami car accident lawyers want to remind you to drive safely. The Thanksgiving season is considered among the most deadly holidays of the year for motorists, with many people taking to the road to break bread and eat turkey with friends and family and/or go away for the long weekend. Speeding, drunk driving, or drowsy driving can take their toll during the holiday traffic rush or when coming home from a Turkey Day gathering. If you or someone you love is injured this weekend in South Florida because of another party’s negligence, do not hesitate to contact our Palm Beach injury law firm to request a free consultation.

Safe Driving Tips for the Holidays:
• Make sure your vehicle is properly maintained.
• Insist that everyone in your auto wear a seat belt.
• Don’t drive when you are drowsy or drunk.
• Keep up with the pace of traffic but refrain from speeding—your destination will be there whenever you arrive.
• Refrain from texting or talking on the phone while driving.
• Appoint a designated driver.

SUV rollover on I-95 in Boca Raton sends 8 people to hospital, Sun-Sentinel, November 24, 2010

Man's arm severed after vehicle crashes into bus bench, Orlando Sentinel, November 24, 2010

Related Web Resource:
Florida Department Transportation

AAA offers driving tips for travelers this Thanksgiving, KGUN9, November 22, 2010

The family of Florida State University sophomore Jason Keiran is suing the maker of Four Loko for his wrongful death. Joe and Vicki Keiran say that their 20-year-old son killed himself last September after drinking three cans of the alcoholic energy drink. Jason had picked up a roommate’s gun and used it to shoot himself in the head.

The Keirans contend that their son wasn’t suicidal or depressed but that his blood alcohol was over three times the legal limit when the tragic shooting occurred. In addition to Four Loko manufacturer Phusion Projects, the couple is also suing the stores where their son bought the drink.

Following Jason’s Florida wrongful death, the U.S. Food and Drug Administration sent warning letters to the makers of several alcoholic energy drinks. Phusion Projects has also since announced that it will remove taurine, caffeine, and gaurana from its Four Loko beverage. Experts have equated the caffeine and alcohol mix in the drink to a cup of Starbucks coffee and five beers combined.

Jason’s death isn’t the only one being blamed on Four Loko. Family and friends say that 21-year-old Courtney Spurry died earlier this month when she crashed her pickup after drinking two cans of Four Loko. One friend says that she passed out within 30 minutes of drinking the alcoholic beverage.

St. Joseph’s University, another US college, says that a “handful” of students had to go to the hospital after drinking Four Loko. According to the New York Daily News, college campuses have banned Four Loko. The drink cannot be sold Utah, Michigan, and Washington State and oher states are expected to follow.

Products Liability
If you or someone you love was injured by a defective or dangerous consumer-made good, you may have grounds for a Florida products liability case against the manufacturer, distributor, and/or seller.

Jason Keiran Dead: Parents Say Their Son Accidentally Shot Himself After Drinking Four Loko, Huffington Post, November 17, 2010

Four Loko caused death of 21-year-old Maryland woman, victim's friends tell local television station, New York Daily News, November 12, 2010

Related Web Resources:
Phusion Projects

Food and Drug Administration

In South Florida, Arturo Carvajal is suing Hillstone Restaurant Group Inc. for Miami personal injury. Carvajal, who is a doctor, says he was hospitalized after he ate a house special of grilled artichokes at a Houston’s Restaurant.

Carvajal says that at the time, he was not familiar with how to eat an artichoke and that the waiter failed to warn him that the outside part of the leaf was indigestible. After eating the artichoke, Carvajel says that he experienced “severe abdominal pain and discomfort.” Medical tests showed that the artichoke leaves had gotten stuck in his small bowel.

In his Miami-Dade injury lawsuit, Carvajel blames the restaurant and its manager for failing to properly train the waiters. He contends that the servers should have directed the patrons on how to safely eat an artichoke.

Carvajel is seeking unspecified damages for pain and suffering, bodily injury, disfigurement, disability, medical costs, and the aggravation of preexisting medical conditions.

Personal Injury
Depending on the specifics of an incident, restaurants can be held liable for personal injury if the food they serve causes injury or illness to a patron. Restaurants are responsible for making sure that their food is properly stored, prepared, and served. Kitchens must meet standards of cleanliness, as well as all safety regulations. Food handlers and kitchen staff must make sure their hands are clean when working with food.

Just a few months ago, a personal injury settlement was reached between Claim Jumper and a man who found a used condom in his restaurant soup. Several people also recently sued a Subway restaurant after allegedly contracting salmonella from the food. A woman who says she was hospitalized after eating a sample of tainted cheese is suing Costco.

Novice artichoke eater sues restaurant, WPTV, November 19, 2010
Getting to the heart of restaurant safety, Business Insurance, November 15, 2010

Valley woman files lawsuit after eating tainted cheese at Costco, ABC, November 9, 2010

Illinois Subway Faces 3rd Food Poisoning Lawsuit, News Inferno, March 17, 2010

Claim Jumper Restaurant Settles Condom-In-My-Soup Lawsuit, LAWeekly, August 26, 2010

Related Web Resources:
Hillstone Restaurant Group

Types of Personal Injury Damages, Justia

The mother of Kate Kohlier is suing the man accused of fatally striking her during a pedestrian accident for Florida wrongful death. Kohlier and Doug Kozar were walking across the Harbour Island bridge early on October 30 when they were hit by a car driven by Matthew R. Moye. Both Kohlier, 24, and Kozar, 23, died from their injuries. Another pedestrian, 47-year-old Joao Armando Fonseca Barbosa, broke his ankle has a struggled to get out of the speeding vehicle’s way. All three of them were walking to their cars after finishing their shifts at a local hotel when the tragic accident happened.

Moye, who is a 34-year-old Florida dentist, has been charged with two counts of driving under the influence manslaughter, two counts of vehicular homicide, and one count of DUI with injury. Moye may have been operating his vehicle at speeds of up to 90 mph.

Florida Pedestrian Accidents
Pedestrians are at a huge disadvantage in a Florida traffic crash. They have absolutely nothing to protect them from the impact of getting hit by a car, truck, motorcycle, or bus. Often, the injuries are catastrophic and can include traumatic brain injury, spinal cord injury, internal injuries, and even death.

While pedestrians must exercise caution when crossing the street, motorists must also be careful not to strike them. This includes refraining from careless or reckless behavior, such as speeding, driving while drunk, distracted driving, drowsy driving, or any other type of irresponsible driving behavior.

Steps that motorists can take to avoid causing a Florida pedestrian accident:

• Don’t speed
• Slow down when there are pedestrians
• Yield the right of way to pedestrians that are crossing the road
• Obey traffic signs and laws
• Pay attention
• Don’t drive when exhausted or sleepy
• Don’t drive while under heavy medication
• Don’t talk on the cell or text message
• Exercise caution when driving in residential areas or near schools
• Don’t drive when drunk

Estate sues dentist charged in Harbour Island bridge deaths, TBO.com, November 10, 2010

Mom of woman killed in Harbour Island bridge crash to sue drunken driving suspect, Tampa Bay, November 11, 2010

Related Web Resources:
Florida: Deadliest State for Walkers and Cyclists, USA Today, March 1, 2010

Pedestrian Safety, NHTSA

Florida Pedestrian Law Enforcement Guide (PDF)

A jury in Florida has awarded Manos Milien $33.1 million for his Broward County car accident injuries. The 62-year-old became a quadriplegic after the 1996 Toyota Corolla that he was a passenger in was rear-ended by a 2004 Kia Sedona driven by Ponte Vedra Beach resident Wendy Whitney. The catastrophic South Florida car crash occurred on December 31, 2008 at around 2:40 am near Deerfield Beach on Interstate 95. Milien, who now lives in the Florida Institute for Neurologic Rehabilitation in Wauchula, cannot live independently and requires extensive nursing care.

Broward Circuit Judge Carol-Lisa Phillips is expected to readjust the amount of compensatory damages awarded to Milien down to $31.4 million. This is account for the fact that the jury found Milien 5% at fault for not wearing a seat belt at the time of the Florida car accident happened.

Spinal Cord Injury
Quadriplegia is a type of spinal cord injury that involves paralysis to the four limbs. A person with quadriplegia usually needs specialized medical care and nursing assistance, which can be very costly. If the SCI is “incomplete," a quadriplegic may experience some movement or feeling in the impacted areas. If the SCI is a “complete” one, then he/she will likely experience no movement or feeling below the injury level.

Some people with quadriplegia may need the help of an electrical implant or a ventilator to breathe. Health complications, such as skin breakdown, bedsores, fractures, osteoporosis, infection, aspiration, pneumonia, atelectasis, heterotopic ossification, spasticity, autonomic dysreflexia, deep vein thrombosis, cardiovascular disease, neuropathic pain, syringomyelia, and respiratory dysfunction can occur. Common causes of Florida spinal cord injuries include car accidents, fall accidents, sporting events, gunshot wounds, physical violence, and birth defects.

Jury awards $33.1 million to man left paralyzed in Broward crash, SunSentinel, November 10, 2010

Related Web Resources:
Living With a Spinal Cord Injury - Overview, WebMD

What is Quadriplegia?, Spinal Injury Network

November 8-14, 2010 marks Drowsy Driving Prevention Week. According to the American Automobile Association Foundation for Traffic Safety, 41% of drivers surveyed have admitted to drowsy driving. Unfortunately, what many people fail to realize is that driving while tired is similar to driving while under the influence of alcohol. Impaired judgment, slowed reflexes, blurred vision, a foggy mind, and possibly drifting in and out of consciousness can be symptoms of both drunk driving and drowsy driving. Our Miami car accident lawyers have seen the catastrophic consequences that can arise when someone is exhausted or falls asleep while operating a motor vehicle.

The National Highway Traffic Safety Administration estimates that drivers who fall asleep while driving are responsible for 71,000 traffic injuries, 1,550 fatalities, and over 100,000 motor vehicle crashes in the US annually. Per the AAA Foundation’s new study, drowsy driving plays a role in 16.5% of deadly US traffic crashes.

Among the study’s findings:
• Young drivers, ages 16-24, were the ones most likely to fall asleep while driving.
• Men more than women were more likely to fall asleep while operating a motor vehicle.
• 26.1% of those who admitted to falling asleep while driving did so between the hours of noon and 5pm. The percentage was about the same for drivers who fell asleep between midnight and 6am.

According to the National Sleep Foundation, a person that risks drowsy driving takes the chance that he/she will fall asleep at the wheel. That said, some groups are at higher risk of drowsy driving. In addition to young drivers, other motorists who are potentially at risk of this dangerous driving behavior include:

• Shift workers
• Commercial truck drivers
• People with sleep disorders—especially undiagnosed ones
• Business travelers suffering from jetlag
• Tired travelers

One need only look back to the 2009 Miami tractor-trailer accident in Oklahoma involving a 76-year-old trucker who investigators say fell asleep at the wheel. The multi-vehicle chain reaction crash that he triggered killed 10 people and injured 6 others.

Study examines toll of drowsy driving, Washington Post, November 8, 2010

Study shows drowsy drivers behind the wheel, Los Angeles Times, November 7, 2010

Related Web Resources:
Driving Tired is Like Driving Drunk, US News & World Report

Related Web Resources:
Drowsy Driving Prevention Week, National Sleep Foundation (PDF)

Read the AAA Foundation's Drowsy Driving Report (PDF)

Continue reading " Drowsy Driving: Drivers who Fall Asleep Behind the Wheel Causes 1,550 US Traffic Crash Deaths and 71,000 Injuries a Year " »

A family of a young boy who was allegedly molested by art and music teacher Miguel Cala is suing St. Andrew' Catholic School and The Archdiocese of Miami for Coral Springs personal injuries to a minor. They claim that Cala, 37, molested the boy at his home while giving him music lessons. The alleged Florida sex abuse incidents took place between 2009 and August 2010.

In their Broward County injury complaint, the family accuses Cala of using his role at the school and at the parish (he no longer teaches at the school) to scope out possible victims. The boy’s mother learned that he had been molested by Cala after she contacted the authorities because the teacher had stopped showing up for the lessons. She was told that Cala was under investigation for possible sexual abuse.

Cala was arrested last September on charges related to the sexual abuse of another boy, who had also been one of his private music students. Police believe there may be more victims.

The archdiocese says that Cala underwent a number of background checks before he was hired. A spokesperson for the archdiocese reports that there was nothing to indicate that Cala was a child molester.

Florida Sex Abuse Lawsuits
If your child was the victim of sexual abuse, you may be able to sue the abuser and/or those that allowed the abuse to happen for Broward County personal injuries to a minor. Unfortunately, kids are at risk of become victims of sexual abuse. In many cases, the perpetrator will be someone the child knows or trusts, such as a teacher, a priest, a school counselor, a relative, a family friend, a medical professional, a camp counselor, or a babysitter.

Not only is sex abuse a crime, but also it causes great personal injury to the victim. Many victims of sex abuse will spend the rest of their life trying to heal from what happened. In addition to physical injuries, the psychological and emotional trauma from abuse can be devastating.

Coral Springs mom sues Miami Archdiocese in alleged molestation case, The Palm Beach Post, October 28, 2010

Suit Claims Former Teacher Fondled Student, CBS4, October 27, 2010

Related Web Resources:
The Archdiocese of Miami

Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry

Child Sexual Abuse, Protect Kids

Circuit Court Judge Glenn Kelley says that the Palm Beach wrongful death lawsuit against polo club founder John Goodman can proceed. In issuing his ruling, Kelley denied Goodman’s motion to postpone the civil lawsuit until the criminal case against him is resolved.

Goodman is charged with vehicular manslaughter, DUI manslaughter, and leaving the scene of a crash in the Palm Beach County car accident death of Scott Wilson. Wilson died early on February 24 when his Hyundai Sonata was hit by Goodman, who ran a stop sign. The Palm Beach County Sheriff's Office reports that Goodman’s Bentley convertible was traveling at about 28 mph above the speed limit when he struck Wilson’s vehicle. The impact of the collision caused Wilson’s auto to turn over into a canal. The 23-year-old then proceeded to drown.

Meantime, the polo magnate allegedly fled the Palm Beach County traffic crash site and did not notify police about the accident for close to an hour. Even hours after the collision, Goodman’s BAC was 0.177, which is two times the legal driving limit.

In their South Florida wrongful death complaint, Wilson’s parents accuse Goodman of not only driving drunk but also of making “no effort whatsoever to come to the aid of Scott Patrick Wilson." They claim that even while knowing that their son was drowning, Goodman was making “telephone calls to friends and lawyers to protect himself from prosecution.”

Drunk Driving Accidents
Driving while under the influence of alcohol can impair a motorist’s judgment, slow his/her reflexes and ability to react to an emergency situation, and cause a person to act in a manner that he/she might not have otherwise when sober. That said, one’s actions, regardless of intent, do have consequences. A drunk driver end up in jail for causing injuries or deaths to others. He/She can also be held liable for Palm Beach personal injury or wrongful death.

Judge: Wrongful-death suit against polo mogul Goodman can go to trial in May, even with DUI manslaughter case unfinished, The Palm Beach Post, November 3, 2010

Dead man's parents sue Goodman, polo club and bar in fatal Wellington crash, Sun-Sentinel, April 29, 2010

Related Web Resources:
Impaired Driving, NHTSA

Mothers Against Drunk Driving