South Florida Injury Lawyer Blog

A confidential Miami personal injury settlement has been reached between Dallas Cowboys football player Michael Irvin and a woman accusing him of sexual battery. The woman sued Irvin in Broward County Circuit Court last year for unspecified damages.

She contends that the Pro Football Hall of Famer assaulted her at the Seminole Hard Rock Hotel & Casino in Hollywood, Florida in 2007. The woman also claims that Irvin was drunk when he took her to a hotel room and raped her and that another man, who was also in the room, forced her to give him oral sex.

Seminole tribal police were notified about the alleged incident, but the woman went on to sign a waiver of prosecution. The case has no physical evidence because, according to the Broward State Attorney’s office, the alleged victim did not report the incident until more than two weeks later. As part of the terms of the Miami sex assault lawsuit, Irvine is dropping his $100 million defamation countersuit against the woman.

Miami Sexual Assault Lawsuits
If you were the victim of sexual assault, molestation, rape, or any other inappropriate sexual contact, you may have grounds for a Miami personal injury lawsuit against your assailant. Your case would be separate from any criminal proceedings and their outcomes are unrelated. This means that even if the person you are accusing of assaulting you isn’t charged with a crime, you may still try to hold him/her liable in civil court.

While some sex assault cases will have physical evidence that can be used against the defendant, this isn’t always the case. This does not mean, however, that you should shy away from suing for Miami personal injury.

Report: Michael Irvin suit settled, ESPN, January 28, 2011

Lawsuit Against Michael Irvin Claims Rape, CBS News, February 5, 2011

Related Web Resource:
Sexual Assault, The National Center for Victims of Crime

Florida Sexual Assault Information, Resources, and Support

The mother of Josie Lou Ratley, 16, wants the Broward School District to pay her daughter Florida personal injury compensation for the brain damage and permanent injuries she sustained during a severe beating at Deerfield Beach Middle School last year. Ratley was attacked at a campus bus stop last March by 16-year-old Wayne Treacy. He is charged with the adult crime of first-degree attempted murder. Also charged in the attack on Ratley is 14-year-old Kayla Manson with attempted murder, who allegedly pointed Ratley to Treacy when he arrived at the middle school.

Per the Broward County personal injury complaint, the plaintiff is accusing the school district of providing inadequate security and not properly supervising the bus pickup area. The lawsuit also claims that Treacy, a high school student, was allowed to “openly walk” onto the middle school grounds even though he wasn’t supposed to be there.

Treacy attacked Ratley several hours after exchanging text messages with her. He reportedly thought she was making fun of his brother’s death by suicide. He is accused of pushing Ratley’s head into the concrete and using his steel-toed boots to kick her “in the head, soccer style,” per the words used by Broward County Sheriff Al Lamberti last year when describing to ABC News what happened. The assault finally stopped when a teacher pulled Treacy off Ratley.

Her head injury was so severe that part of her skull had to be removed so the swelling good abate. She also sustained bruises all over her body.

Inadequate Security
In recent years, the lack of security on schools grounds have allowed for an escalation of violence that goes far beyond the pettiness of name calling and schoolyard roughhousing. Kids have brought guns and knives to school, and beatings, severe bullying, and even shooting sprees have happened, causing serious injury and death to students.

Questions that might arise during a Broward County premises liability lawsuit over a personal injury:

• Does the school provide adequate security?
• Are there reasons, such as a history of violent crimes in or around the area, for why more security should have been provided?
• Could the school have prevented the violent crime?
• Where there warning signs, such as the suspicious mental or behavioral problems of a particular student, that school officials could have addressed before the crime happened?

Mom of Josie Lou Ratley sues Broward Schools for negligence, Sun-Sentinel, January 27, 2011

'Text Rage' Leads to Alleged Brutal Teen Beating, ABC News, March 19, 2010

Related Web Resources:
Broward Schools

Inadequate Security, Justia

Every year, hundreds of thousands of people are injured in slip and fall injuries—a type of accident that might sound harmless enough but can result in painfully and debilitating injuries that can take months to recover from. Surgery, rehabilitation, and time off work can take a physical, emotional, and financial toll. Fortunately, Florida law allows victims and their families to seek personal injury recovery from the liable parties.

Recently, a jury awarded Todd Flemke $500,000 for his West Palm Beach slip and fall injuries that he sustained at a CVS Pharmacy. Flemke contends that he slipped and fell over a plug in a CVS store.

In his Lake Worth, Florida personal injury complaint, Flemke claims that the pharmacy failed to put up warning signs to let them know that cleaning was taking place in the aisle where the slip and fall accident occurred even though underwritten policy calls for caution signs. Flemke had to undergo back surgery after he developed herniated discs from the West Palm Beach fall accident.

Florida Slip and Fall Lawsuits
Property owners can be held liable for slip and fall and trip and fall injuries if they caused the condition that led to the slip and fall, or knew that there was a hazardous situation that could lead to a slip accident, but failed to do anything to remedy the safety issue. Details of what happened, how it happened, and whether there was anything that could have been done to prevent the injury incident from happening will have to be explored. Some Palm Beach slip and fall cases can be more complex to prove, and your Florida injury lawyer may have to bring accident reconstructionist experts to help with your claim or lawsuit.

Tod R. Flemke v. CVS Pharmacy, Palm Beach County

Related Web Resources:

Slip and Fall Accidents: Proving Fault, Nolo

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

A jury has awarded the family of Andrew C. Corsini, Jr. $5.3 million for his Naples wrongful death. The 49-year-old Islamorada man died on May 17, 2009 after he was struck head-on by another vehicle in a Collier County motorcycle accident. The 1996 Jeep that hit Andrew, a US Immigration and Customs Enforcement agent, had driven into oncoming traffic on US 41.

The impact of the Naples motorcycle accident pushed Andrew motorbike into his wife’s motorcycle. Melissa Dawn Corsini sustained serious injuries, including torn ligaments, broken bones, a concussion, and other injuries. Meantime, according to the family’s wrongful death lawyer, Andrew’s organs were “pulpified” and “his aorta was ripped out from his heart” during the crash.

Also injured in the Naples car accident were the Jeep's driver, 77-year-old driver Carlos Riol, who sustained minor injuries, and his 73-year-old passenger, Maria Gomez, who suffered serious injuries. Riol received a ticket for failing to maintain a single lane. A police trooper told a county judge that the elderly motorist might have fallen asleep while driving. Riol’s license was suspended for a year and he was fined $20,000.

The jury awarded Melissa $1.2 million for the loss of her husband’s protection and companionship and mental pain and suffering, $1.77 million for loss of future support and services, $10,197 for loss of his pass services and support, $126,000 for her suffering, pain, mental anguish, disability, and physical impairment, and $17,256 for past medical bills. Andrew’s children and grandson were also awarded damages.

Drowsy Driving
Drowsy driving, which includes falling asleep at the wheel or driving while lethargic, sleepy, or tired, claims more than a thousand lives while injuring tens of thousands of others each year. The National Highway Traffic Safety Administration says that drowsy driving causes about 100,000 traffic crashes annually.

Jury awards $5.3M to widow, family of motorcyclist killed by head-on collision in Naples, Naples News, January 19, 2011

Drowsy Driving: Drivers who Fall Asleep Behind the Wheel Causes 1,550 US Traffic Crash Deaths and 71,000 Injuries a Year, South Florida Injury Lawyer Blog, November 9, 2010

Related Web Resources:
Motorcycle Accidents, Nolo

Motorcycles, National Highway Traffic Safety Administration

A man's legs were severed in a Miami pedestrian accident on Saturday night when he became pinned between a wrought iron fence and a Ford Bronco. According to authorities, he was standing on the sidewalk when a Ford SUV, which was going the wrong way, struck the Bronco, which then hit him.

Following the Miami-Dade traffic crash, a number of people came running and a fight ensued. Seven other people sustained injuries.

Miami Pedestrian Accidents
Drunk driving, drugged driving, driver inexperience, distracted driving, speeding, failure to obey traffic signs, and talking on a cell phone or text messaging while driving are just some of the reasons why Miami pedestrian injuries and deaths occur. Pedestrian error, of course, can also be a factor, as can auto products liability, road defects, and other causes. It is the pedestrian who usually suffers the more serious injuries during a collision with a motor vehicle.

In another example of a serious Miami pedestrian accident, a 38-year-old man was injured after a hit-and-run driver hit him on Monday morning. Police say that the Jean Cassamajor was wearing a bright reflective vest at the time and the auto crash should never have happened. Locals say that the area where the collision occurred, Northwest 165th Street and North Miami Avenue, is a common site for accidents. Poor lighting and inadequate signs/devices to regulate traffic at the intersection have been among the complaints.

It is important that you or someone you know write down everything that happened as soon as possible after involvement in a Miami pedestrian accident while accounts are still fresh. Photographs of your injuries and statements by witnesses are also helpful. Talking to an experienced Miami car accident lawyer can also determine whether you have grounds for a lawsuit. There may be more than one party who should be held liable.

Man's legs severed in accident; melee breaks out at scene, Miami Herald, January 16, 2011

Police say hit and run victim wore bright vest, WSVN, January 8, 2011

Related Web Resources:
Florida Department of Transportation

Pedestrian and Bicyclist Safety, Federal Highway Administration

A motorcyclist is dead and two others were seriously injured in a Miami-Dade County car accident involving a Chevrolet Tahoe SUV, a motorcycle, and a Honda Civic on the Palmetto Expressway. The Hialeah Gardens multi-vehicle accident took place at around 1am this morning.

The Florida Highway Patrol says that motorcyclist Adrian Cespedes Kelly died after he was ejected from his bike that had just rear-ended the SUV. At the time, the Tahoe was stopped in the middle of the road because its driver was helping the Civic’s driver, who was just involved in another collision. The motorcycle also struck the Civic. Both the SUV’s driver, Juancarlos Alvarez, and the Civic’s driver, Edward Crouch, were admitted to Jackson Memorial Hospital.

In other recent South Florida car accident news, another motorcyclist, 56-year-old Confessor Ramirez, died in a West Palm Beach motorcycle crash on Wednesday afternoon. Ramirez was thrown from his Harley and into a 1999 Chevrolet Blazer that struck his bike while making a left turn. Ramirez was later pronounced dead at Delray Medical Center.

Also, the 12 students who were injured in Tuesday’s Palm Beach school bus accident are expected to make a full recovery. The Miami Herald reported 16 injuries from when a car crashed into a turning bus. The student with the most serious injuries, a boy, sustained facial lacerations and injured his leg. Our Palm Beach personal injury law firm reported on this news earlier this week in another blog post.

Florida Traffic Accidents
Getting hurt or losing someone you love in a Palm Beach motor vehicle crash can be catastrophic and life-changing. The financial costs that result may be far greater than what your insurance can cover. Medical bills, recovery expenses, funeral costs, lost income, lost benefits, and lost future wages can take a financial toll unless you can hold the responsible parties liable for causing your Miami-Dade car accident.

Motorcyclist killed on Palmetto, Miami Herald, January 14, 2011

Motorcyclist dies in crash near West Palm Beach, Orlando Sentinel, January 13, 2011

Palm Beach Central students hurt in crash expected to make full recovery, Palm Beach Post, January 12, 2011

Recent Palm Beach County Car Crashes Pedestrian Accidents, and Bicycle Collision Cause Deaths and Injuries, South Florida Injury Lawyer Blog, January 12, 2011

Related Web Resources:
Florida DMV

What to do after a car accident, MSN

Continue reading " Motorcyclist Dies in Hiahleah Gardens Car Accident " »

A 78-year-old Greenacres woman is dead after she was injured in a Lake Worth, Florida pedestrian accident. Fatemeh Kazemishahmirzadi was crossing Melaleuca Lane early this morning when the Palm Beach motor vehicle accident happened.

The driver of the 2005 Hyundai SUV that struck Kazemishahmirzadi is was Wellington resident Tracy Laing. The 22-year-old motorist has said that she did not see the elderly pedestrian.

In other recent Palm Beach traffic crash news, 16 people were hurt yesterday when a school bus was rear-ended by a Dodge compact car. The rear of the school bus, which was transporting Palm Beach Central High students, reportedly lifted and part of it was torn off. The bus driver, eight students, and all three occupants in the Dodge were transported to hospitals.

Over the weekend, a multiple-Palm Beach bicycle accident sent two riders to the hospital. According to police, one cyclist fell and then two others followed suit. One of the riders, age 40, sustained bruises, scratches, and a possible broken collarbone. Another bicyclist complained lower back and left rib pain after the South Florida bicycle collision. The third rider refused medical care.

On Thursday, another Palm Beach pedestrian accident took another life when 63-year-old Edward Bert Allee was injured in a Lake Park, Florida car accident. Allee was walking his dog at around 6:40 am when he was fatally struck by a van whose driver did not stay at the crash site. However, 55-year-old James Clark Bristow, who drives a 1999 Ford, later arrived at the North Palm Beach Police department. He told police that he thought he had struck something with his van. He was later identified as the motorist that hit Allee.

Elderly woman killed in accident in suburban Lake Worth, The Palm Beach Post, January 12, 2010

Drivers, kids injured in school bus accident in suburban West Palm Beach, The Palm Beach Post, January 12, 2010

Multiple-bicycle crash on South Ocean Boulevard sends two to hospital, Palm Beach Daily News, January 8, 2011

Victim in deadly hit-and-run in Lake Park identified, Sun-Sentinel, January 6, 2011

Continue reading " Recent Palm Beach County Car Crashes, Pedestrian Accidents, and Bicycle Collision Cause Deaths and Injuries " »

Two people were killed yesterday when the car they were riding was hit by a tractor-trailer on Interstate 95 and dragged 760 feet. Two other autos were also involved in the Florida semi-truck crash.

The two truck collision victims that died are Todd Olthoff and Marcy Olthoff, both 48. Also injured in the four-vehicle collision were Philip Keen, 74, and Sandra Keen, 72, who were briefly trapped in their auto. The driver of the fourth vehicle, Filbert Delva, 35, sustained minor injuries. A construction worker at the scene also sought medical care at the local hospital.

The Florida Highway Patrol says that the trucker, Miami Lakes resident Eduardo Avila, failed to slow down in a construction zone, which was near a closed exit ramp. That was when he rear-ended the Olthoffs’ vehicle, which ended up pinned under the tractor-trailer’s undercarriage. Avila then went on to rear-end the vehicles that were transporting Delva and the Keens.

A Florida Department of Transportation spokesperson says there were a number of signs warning drivers that there was construction on the highway. There was also a flashing sign warning that the exit ramp was closed.

Florida Tractor-Trailer Accidents
Getting hurt in any kind of Miami traffic crash is never pleasant, but the larger the size of the other vehicle involved in the crash with you, the greater the chance your injuries will be more serious. The impact of a semi-truck that is carrying tens of thousands of pounds of cargo colliding with a passenger vehicle can result in catastrophic consequences.

A Florida large truck crash is the kind of Palm Beach injury case that you or your loved one should start looking into as soon as possible after the collision. You will also want to make sure that you are represented by an experienced Miami truck crash law firm.

FHP combs for clues in deadly I-95 wreck, Florida Today, January 7, 2011

2 People, Dog Killed In I-95 Crash, WPBF, January 6, 2011

FHP names Palm Bay couple killed in multi-vehicle crash on I-95, Orlando Sentinel, January 6, 2011

Related Web Resources:
Florida Highway Patrol

Federal Motor Carrier Safety Administration

More than five years after Lanette Gervato suffered brain damage after undergoing surgery to treat a non-bleeding brain aneurysm, a jury has awarded a $23 million Florida medical malpractice verdict to a woman for the permanent brain injuries that she sustained during the botched procedure that left her partially paralyzed, impaired her vision, and caused her to suffer other medical issues. The defendant of the case is the University of Florida.

Gervato was 35 when she sought medical attention at UF’s Shands Teaching Hospital for unexplained headaches. A neurosurgeon operated on her and inserted coils into the aneurysm. Unfortunately, according to her Miami medical malpractice attorneys, the medical team perforated an artery in her brain during the surgery. Gervato’s Florida brain injury lawsuit claims that even though nurse Rebecca Boone noticed that Gervato displayed symptoms consistent with a post-operative stroke, she kept Gervato on the drug Heparin, which is a blood thinner. Boone has settled the Florida nursing negligence case against her for $1 million.

Gervato’s Miami injury lawyers contend that the brain damage she suffers continues to cause her pain and affect her reasoning. She also has been hospitalized 10 times because of infections, her husband had to give up his job to take care of her, and her kids have had to move in with other relatives.

However, because UF has sovereign immunity status, it is not clear how much of the Florida surgical malpractice award Gervato’s family will actually receive. Florida lawmakers would have to pass a bill allowing for an award amount above $200,000.

Florida Surgical Malpractice
Surgical errors can cause serious health complications for a patient. Some examples of surgical mistakes:

• Transplant errors
• Errors during post-operative care
• Failure to properly monitor patients’ vitals
• Operating on or removing the wrong body part or organ
• Leaving a foreign object inside a patient
• Anesthesia mistakes
• Using unsanitary medical equipment

Jurors award $23 million in suit against UF, Herald-Tribune, December 24, 2010

Jury Awards Florida Woman $23 Million in Medical Malpractice Lawsuit, Justice News Flash, January 6, 2010

Related Web Resources:
Shands at the University of Florida

Brain Aneuryism, Mercy Cancer