July 31, 2011

Miami Beach Personal Injury Seeks Damages Against Ex-NFL Star Larry Johnson for Alleged Assault

by David J. Halberg, Esq.

John Graney is suing Ex-NFL football star Larry Johnson for Miami-Dade County personal injury. He contends that the former Kansas City Chiefs running back beat him after a party last May on Miami Beach. Johnson also used to be signed with the Washington Redskins and the Cincinnati Bengals.

Graney, who is from Miami, claims that without provocation Johnson used a “closed fist” to “viciously” hit him multiple times, kicked him while he was on the ground, and chased him down the street. The plaintiff says that he sustained a torn rotator cuff and three herniated discs and is suffering form post-traumatic shoulder, wrist, and back pain.

Meantime, Johnson is denying the allegations. The police report describes Graney’s injuries as a “minor laceration” and “small abrasion.”

Miami Beach Personal Injury
If you or someone you love was injured in an assault, you may be able to sue your assailant for damages. Physical assault can result in serious injuries for the victim. Back injuries, traumatic brain injuries, and internal injuries are just some of the injuries that can result. If the assault occurred on someone else’s property and the premise owner could/should have acted to prevent the incident from happening, you may have grounds for filing a Miami premises liability lawsuit.

Assault crimes between strangers happen all the time in the United States. Sometimes, an altercation between two people that know each other can blow out of proportion, resulting in serious injuries for at least one of the participants. It is important that you speak with a Miami injury attorney while the physical evidence is still fresh and witnesses can provide detailed accounts of what happened.

NFL RB Larry Johnson Sued For Battery, The Post Game, July 28, 2011


Related Web Resources:
Personal Injury, Nolo


More Blog Posts:

Fort Myers, Florida Personal Injury Lawsuit: Jury Orders Wal-Mart to Pay $421,400 to Woman Hit by Stock Cart, South Florida Injury Lawyer Blog, May 11, 2011

Miami Personal Injury: Four Women Claim They Were Sexually Assaulted by Employees at Doral Golf Resort & Spa, South Florida Injury Lawyer Blog, March 28, 2011

2008 Car Crash Victim Files St. Lucie County Personal Injury Lawsuit Over His Severed Foot That Was Stolen, South Florida Injury Lawyer Blog, March 9, 2011


July 29, 2011

Miami Personal Injury Lawsuit Filed Over ATV Accident on Beach Seeks Damages From Police Officer and the Clevelander Hotel

by David J. Halberg, Esq.

The woman who sustained a Florida traumatic brain injury when an ATV being driven by an on-duty cop hit her is suing the Clevelander Hotel and Erick Kuilan for Miami Beach personal injury. Kitzie Nicanor and her friend Luis Almonte, both 29, were walking on the beach before dawn when the ATV, which Kuilan was driving, struck them. As a result of her Florida TBI, Nicanor, who is still in the hospital, has experienced memory loss, problems concentrating, paralysis on her right side, and difficulty talking. She also broke a leg, sustained heart perforations, and had to have her spleen removed.

Nicanor is still in the hospital. Her Miami brain injury attorney says that she will likely have to undergo rehabilitation for years. She has a 1-year-old son.

According to her Miami-Dade County personal injury complaint, the Clevelander Hotel regularly lets on-duty cops drink alcohol and hang out at its clubs. (The Miami Beach Police says cops are banned from drinking while they are on-duty.) More than four hour after the ATV crash, Kuilan, who has since been fired from the force, still had a BAC exceeding Florida’s limit of .08%. He is charged with two counts of reckless driving resulting bodily injury and two counts of driving under the influence. Nicanor may also sue the City of Miami Beach.

If you or someone you love suffered serious injuries in a Miami Beach motor vehicle crash because someone was careless, reckless, or made mistakes, you may be entitled to Florida personal injury recovery. Some injuries are so serious that you will need all the financial compensation you can get to cover medical expenses, recovery costs, lost wages, and other damages. Sometimes, there is more than one party who should be held liable.

For example, in this Miami injury lawsuit, the plaintiff is seeking to recover compensation not just from the person who was driving the ATV, but also from the establishment that allowed him to drink alcohol. She also is considering suing the city of Miami Beach, which employed Kuilan at the time.

Miami Beach hotel, fired cop sued in ATV crash, AP, July 29, 2011

Aunt: ATV crash a nightmare, The Miami Herald, July 7, 2011


Related Web Resources:

ATV Safety Institute

Miami Beach Police Department


More Blog Posts:
Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 20, 2011

Palm Beach Wrongful Death Lawsuit Seeks Damages from Yamaha Over Fatal WaveRunner Accident That Killed One Teen, Leaving Another With Brain Damage and Physical Injuries, South Florida Injury Lawyer Blog, May 20, 2011

$1.575M Broward County Injury Settlement Reached with Sheriff's Office Over Abused Child’s Brain Damage, South Florida Injury Lawyer Blog, February 4, 2011

Continue reading " Miami Personal Injury Lawsuit Filed Over ATV Accident on Beach Seeks Damages From Police Officer and the Clevelander Hotel " »

July 27, 2011

Miramar High School Football Player Dies After Collapsing During Practice

by David J. Halberg, Esq.

The Broward Medical Examiner’s Office has scheduled an autopsy for tomorrow in the death of Miramar High School senior offensive linesman Isaiah Laurencin. The 16-year-old, who collapsed during conditioning drill on the football field yesterday afternoon, was pronounced dead at a Hollywood, Florida hospital this morning. Tuesday’s workout took place under the supervision of Miramar coaches, per Florida High School Athletic Association requirements.

According to Broward schools district spokesperson Nadine Drew, Laurencin, who weighs 286 pounds and was 6-foot-3, had indicated from the beginning of practice that he wasn’t feeling well and he didn’t participate in much of the workout. If the coaches or the school could/should have done anything that could have prevented Laurencin’s death, they could be held liable for Miramar, Florida wrongful death. Unfortunately, over the last two decades, there have been numerous athlete deaths in Florida.

In Central Florida three years ago, UCF football player Ereck Plancher, who was suffering from Sickle sell trait, died following an off-season practice session. After finding that the university’s Athletic Association did not do enough to help him (he exhibited symptoms of exhaustion and dizziness during practice and knew he had sick cell trait), the jury awarded his parents $10 million for his Florida wrongful death.

Not only must coaches, trainers, and others on staff supervise practices and games, but they also must look out for the athletes’ well-being. Also, the state of Florida doesn't allow full-contact practices for high school football players until August 8. This, however, doesn't mean that as many practices as possible can't be held before then. There also aren't any official rules about monitoring temperature or hydration.

Unfortunately, athletes can get seriously hurt on both the amateur, college, and professional levels. Just last week, 75 retired NFL football players have filed a personal injury lawsuit against the National Football League and football helmet manufacturer Riddell for allegedly hiding the concussion risks involving playing the sport. The lawsuit against Riddell alleges products liability.

If you or someone you love was seriously injured and you believe that the incident occurred because another party was negligent, contact our Miramar personal injury lawyers to ask for your free consultation.

Miramar football player dies after workout, Miami Herald, July 27, 2011

Teen athlete deaths in South Florida, Sun-Sentinel, July 27, 2011

Former NFL players: League concealed concussion risks, CNN, July 20, 2011


Related Web Resources:

Florida High School Athletic Association

Miramar High School, Broward Schools


More Blog Posts:

$10M Florida Wrongful Death Verdict Awarded to Parents of Ereck Plancher Against UCF, South Florida Injury Lawyer Blog, July 12, 2011

Family of Deceased UCF Football Player Can Seek Punitive Damages in their Florida Wrongful Death Lawsuit Against the University, South Florida Injury Lawyer Blog, March 31, 2011

July 22, 2011

Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death

by David J. Halberg, Esq.

A widow whose husband died in a Palm City motorcycle accident last year is suing Port St. Lucie Police Sergeant John K. Holman for his Martin County, Florida wrongful death. John Garcia died when his motorcycle and the 2002 Jeep Wrangler by Holman collided at the intersection of Mapp Road and Catalina Street early on June 16, 2010. Holman was off-duty at the time.

Florida Highway Patrol cited Holman with failure to yield, but the citation was thrown out when the FHP officer who investigated the crash did not show up at the hearing. Now, however, Alice Garcia and her son Derek Garcia, have filed a Palm City, Florida wrongful death lawsuit against Holman seeking over $1 million. Their personal injury attorney also wants to know why a Florida traffic crash that ended in a vehicular homicide only resulted in a failure to yield citation.

Florida Traffic Crash Deaths
Failure to yield, red light running, and failure to stop at a stop sign are just some seemingly simple violations that can result in deadly consequences for those involved. Even if the other motorist isn’t charged with vehicular homicide or other any charge or citation at all, this doesn’t mean that you and your family are not entitled to receive St. Lucie County, Florida personal injury or wrongful death compensation. Any civil case you would file would be unrelated from any criminal case, or lack thereof—and even if both proceedings were underway, their outcomes could be different.

By working with an experienced Port St. Lucie motorcycle accident law firm, you would have someone who can explore all the evidence and talk to witnesses to find out exactly what happened so that all negligent parties can be held liable. Suing someone for Florida wrongful death won’t bring your loved one back, but it can help you pay for losses and damages while holding the responsible parties accountable.

Port St. Lucie police sergeant sued for role in fatal 2010 crash, TcPalm, July 21, 2011


Related Web Resources:

What to Do in a Florida Car Accident, DMV Florida

Motorcycles, NHTSA


More Blog Posts:
$2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death, South Florida Injury Lawyer Blog, April 27, 2011

$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011

$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010

July 20, 2011

Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning

by David J. Halberg, Esq.

21-year-old William Candelario is suing former Miami Heat basketball player Alonzo Mourning for Florida personal injury. Candelario claims that the former NBA player failed to help him after he was injured in a Miami-Dade car crash on the Julia Tuttle Causeway on Sunday.

Mourning’s Porsche had reportedly stuck Candelario’s vehicle, which had been disabled in an earlier crash, close to the intersection with Interstate 95. The ex-Heat player says that he did stop and check on Candelario before leaving the scene. He then called the authorities and then returned to the crash site. He has not been charged in the crash. Candelario, however, believes that Mourning could have done more to help him. He is also suing Eddy Desir, who is the driver of the car that was involved in the first collision with him.

Candelario’s Miami car accident lawyer says that his client sustained a concussion and suffered memory loss. Because of his injuries, he received treatment at the Aventura Hospital emergency room twice. It is not known at this time whether any of Candelario's Miami car crash injuries are permanent.

Miami Car Accidents
It is important when someone is involved in a car crash and there have been injuries for those involved to do everything possible to help the victims. This includes contacting 911 and making sure that the injured parties get the help that they need. Leaving a car crash scene where there are injuries or deaths is a crime. Failure to provide medical help can sometimes result in more serious injuries or health complications and even deaths that could otherwise have been prevented if only help was sought and administered sooner.

Also, Florida’s PIP statute requires that everyone have their own personal injury protection, this may not be enough to cover injuries, medical costs, recovery expenses, and other damages and losses from your Miami traffic crash. You may want to explore your legal options to find out whether you should file a Miami personal injury lawsuit against the negligent parties.

Suit targets Alonzo Mourning, claiming he left crash victim too soon, Sun-Sentinel, July 20, 2011

Mourning on car crash: I stopped, did nothing wrong, Miami Herald, July 20, 2011


Related Web Resources:
Involved in a car crash in Florida? Should you dial 911 or just swap information?, The Palm Beach Post, April 25, 2011

Florida PIP, Florida Department of Highway Safety and Motor Vehicles

More Blog Posts:
Palm Beach Wrongful Death Lawsuit Against Polo Mogul John Goodman Can Proceed Even With Criminal Case Unresolved, Says Judge, South Florida Injury Lawyer Blog, November 3, 2010

Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010

Belle Glade Man Awarded $720,000 Palm Beach County Truck Accident Verdict by Jury, South Florida Injury Lawyer Blog, October 29, 2010


July 15, 2011

Florida Auto Products Liability: Mother Files Broward County Wrongful Death Lawsuit Blaming Toyota’s Smart Key System for Carbon Monoxide Poisoning

by David J. Halberg, Esq.

We’ve all read about auto defects that can cause catastrophic Palm Beach County car accidents. Faulty engines, worn tires, air bag malfunctions, and stuck accelerator pedals can lead a motorist to lose control of a vehicle and crash. Now, here are allegations of another type of auto defect—one that doesn’t require anyone to be driving the car let alone even be in it.

In her Broward County auto products liability complaint, Kimberlin Nickles is suing Toyota and car dealer JM Lexus for her daughter Chastity Glisson’s Boca Raton wrongful death. Glisson died of carbon monoxide poisoning after leaving her Lexus running in her garage last year. Nickles believes that her daughter either forgot to shut down her car’s engine or thought she had done so but in fact did not. Glisson’s boyfriend, Timothy Maddock, was also a victim of the CO poisoning incident and is also suing Toyota for Palm Beach personal injury.

Toyota’s Smart Car system is a keyless system that doesn’t require anything to be inserted into an ignition. Instead, it is a key fob that allows a car to keep running as long as the device is near the vehicle. Nickles contends that because her daughter’s Lexus was designed to have an engine that was “virtually soundless and smooth,” it was easy for her daughter to not realize that the vehicle was still running.

Nickles is not the first person to sue Toyota for auto products liability and wrongful death over the Smart Key system design. Also, the National Highway Transportation Safety Administration has received a number of complaints from consumers who left their vehicles running even after they were no longer in the car and had taken the key fob with them.

South Florida Auto Products Liability
It is the responsibility of an auto manufacturer to make sure that their vehicles and their parts are designed in a way that does not increase the chance of injury or death. If there are certain safety risks, then the automaker needs to warn about them and remedy the situation. Convenience and modern technology must never substitute for safety.

Unfortunately, many people are too intimidated to sue giant automakers. You need to work with an experienced Palm Beach car crash law firm that understands the complexities of an auto products liability case and is not afraid to get you the compensation that you are owed.

Smart Key Blamed for Another Death, Courthouse News Service, June 21, 2011

Suit Blames Toyota 'Smart Key' for Carbon Monoxide Death, Consumer Affairs, June 2011

Woman Dies, Man Found Unconscious From Carbon Monoxide, WPBF, August 27, 2011

Toyota sued in carbon monoxide tragedy that killed 79-year-old lawyer, NY Daily News, November 7, 2010

Related Web Resources:
Toyota

Complaints, Safercar.gov


Related Web Resources:
Florida Products Liability: Senate Passes Tort Reform Legislation That Could Limit Payouts from Manufacturers of Defective Autos, South Florida Injury Lawyer Blog, March 24, 2011

Will US Supreme Court’s Revival of Seat Belt Defect Lawsuit Against Mazda and Window Defect Case Against Ford Pave the Way for More Florida Auto Products Liability Cases?, South Florida Injury Lawyer Blog, February 28, 2011

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers, South Florida Injury Lawyer Blog, February 28, 2010

July 12, 2011

$10M Florida Wrongful Death Verdict Awarded to Parents of Ereck Plancher Against UCF

by David J. Halberg, Esq.

Earlier this year, our South Florida Injury Lawyer Blog reported on a civil lawsuit filed by the parents of University of Central Florida football player Ereck Plancher against the school. The 19-year-old died three years ago when his sickle cell trait was triggered during an off-season practice session. Now, a jury has awarded Plancher’s parents a $10 million Florida wrongful death verdict.

The jurors found that UCF’s Athletic Association was negligent and did not do everything it could to save the college football player’s life. However, they also said that the association shouldn’t be ordered to pay punitive damages because there wasn’t any “clear and convincing evidence” proving gross negligence. UCF plans to appeal the jury’s verdict.

Following Plancher’s death, his teammates have come accused football staff of not coming to his help sooner even though they knew he had a pre-existing condition that should be monitored and he showed symptoms of dizziness and exhaustion and experienced breathing problems.

Student athletes can get seriously ill or die because they worked out too hard and too long or under severe weather conditions, such as extreme heat. Some athletes may be even more prone to injury because they have pre-existing health issues. It is the responsibility of the school and its athletic supervisors to know this and monitor practices and playtime accordingly. That said, even athletes that don’t suffer from health issues should be properly monitored and supervised. Ideally, coaches and trainers should make sure that players are properly hydrated, allow them to stop working out if they get dizzy or nauseous, and getting them any medical attention they need right away.

Plancher-UCF verdict heightens attention to athlete health, Florida Today, July 9, 2011

Related Web Resources:
Athletics, University of Central Florida

Sickle cell trait


More Blog Posts:
Wrongful death verdict leaves UCF with $10 million liability, big questions about O’Leary’s future, Yahoo.com, July 1, 2011


Family of Deceased UCF Football Player Can Seek Punitive Damages in their Florida Wrongful Death Lawsuit Against the University, South Florida Injury Lawyer Blog March 31, 2011

Parents awarded $10 million in UCF football player's death, News-Press, July 1, 2011

Continue reading " $10M Florida Wrongful Death Verdict Awarded to Parents of Ereck Plancher Against UCF " »

July 9, 2011

$1.8M Miami-Dade Personal Injury Lawsuit Awarded to Woman Attacked by Alleged Killer in Her Apartment

by David J. Halberg, Esq.

A Florida jury has awarded a $1.8 million Miami-Dade premises liability verdict to Francisca Vente, the woman who was assaulted by suspected killer Michael Davis in her apartment. Vente claimed the inadequate security at Bay Winds apartment, a Cornerstone complex, made it possible for Davis to get on the grounds and enter her unit.

At the time of the 2009, Davis was fleeing from police who wanted him for questioning in the strangulation death of an 18-year-old man. When he knocked on her door, Vente let him in thinking that he was the air conditioner repairman. Davis came in and choked her until she lost consciousness. When Vente came to, she escaped him by jumping out the window of her third floor unit. Police later shot Davis on the complex grounds.

Vente, who broker her spine, pelvis, and wrists during the fall, spent three months in the hospital and a month in rehab. The former condo cleaning woman cannot bend down or walk for extended periods of time and is on disability. In addition to her physical injuries, Vente says she suffered emotional injuries from what happened and still has nightmares about it.

The 10-building, 230-unit complex had no surveillance cameras at its entrance and security guards only manned the premises at night. Also, although a gated property, the gates are not hard to climb over and on the day that Davis attacked Vente, one of the pedestrian gates had been left unlocked.

Inadequate Security
Proper security on a property is very important and can prevent robberies, physical assaults, sexual assaults, and murders from happening. Failure to make sure there are locks on entrances/exists, surveillance cameras, secured entrances, and other security measures can be grounds for a Miami-Dade personal injury lawsuit if someone gets hurt from a crime that could otherwise have been prevented.

Miami-Dade jury awards $1.8 million to woman attacked by suspected killer, Miami Herald, June 26, 2011

Woman who escaped killer wins $1.8 million, UPI, June 27, 2011

More Blog Posts:
West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck, South Florida Injury Lawyer, May 30, 2011


Miami-Dade Wrongful Death Lawsuit Seeks Damages Over Fatal Jacuzzi Drowning at Bahamian Resort, South Florida Injury Lawyer, May 17, 2011

14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall, South Florida Injury Lawyer, April 11, 2011

July 8, 2011

$4.7M Broward County Anesthesia Malpractice Verdict Awarded to Woman Injured in Botched Surgery

by David J. Halberg, Esq.

A jury has ruled in favor of Susan Kalitan and awarded her a $4.7 million verdict for Broward County medical malpractice. The woman sustained personal injuries during a botched medical procedure that resulted in anesthesia complications in 2007.

Doctors were supposed to treat her carpal tunnel. Instead, she contends, medical instruments used on her during general anesthesia created a hole in her esophagus, which caused all the food she swallowed to end up in her chest cavity. Also, there was a student nurse on the anesthesia team for her surgery.

Just one day after being discharged from Broward General Medical Hospital, Kalitan was rushed to West Side Regional and had to undergo emergency surgery. Following that, she stayed in ICU for weeks, was unable swallow for months, and needed a feeding tube. She still has problems swallowing and feels numbness and pain on one side of her body.

Florida Anesthesia Malpractice
Aesthesia injuries and other complications can result in devastating consequences for patients. Permanent injury, brain damage, and death are among the worst outcomes. Examples of other injuries that can result from South Florida anesthesia mistakes include:

• Positioning injuries
• Compression injuries
• Stretch injuries
• Throat injuries
• Collapsed left lung
• Pneumopericardium
• Laryngospasm
• Emesis
• Aspiration
• Nerve damage
• Systemic toxicity
• Infection
• Anesthesia awareness
• Hypertension
• Lip injury
• Teeth injury
• Heart attack
• Stroke
• Hematoma
• Swelling


Anesthesia-related injures can take place during surgery, before, after, or during the birth of a child. Anesthesia mistakes can also happen during dental procedures that require that the patient be sedated or unconscious.

Proving anesthesia-related negligence can be tough. Many hospitals will try to set up barriers to avoid liability, such as treating anesthesiologists as independent contractors that they are not responsible in the event of Florida medical malpractice, and evidence can be hard to come by unless you know exactly what to look for and where.

Hospital to Pay $4.7M For Botching Anesthesia, NBC Miami, June 17, 2011

Woman awarded $4.7 Million in malpractice, WSVN, June 18, 2011


Related Web Resources:

Strong Medical Malpractice Cases, Nolo

Damages in Medical Malpractice Cases, Nolo



More Blog Posts:

Florida Medical Malpractice Cap Upheld by US Appeals Court, South Florida Injury Lawyer Blog, May 29, 2011

Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011

Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, February 12, 2011

Continue reading " $4.7M Broward County Anesthesia Malpractice Verdict Awarded to Woman Injured in Botched Surgery " »