Wrongful Death

Mother Files Broward County Wrongful Death Lawsuit Over 2009 Coral Springs Car Crash that Killed Her Teenage Son

August 5, 2011 | by David J. Halberg, Esq.

Two years after her son, Robert S. Nugent Jr., drowned in a canal after the car he was riding fell into a canal, Naomi Concepcion has filed a Coral Springs wrongful death lawsuit against the city. Nugent is one of three teenagers killed in that single-car crash on November 15, 2009.

Nugent, Anthony Almonte, and Evan Sinisgalli were riding in a car driven by Sean Maxey when the latter got into a minor Coral Springs auto crash on University Drive and lost control of the vehicle. Sinisgalli is the only one who survived.

In her Broward County, Florida wrongful death complaint, Concepcion is accusing the municipality of poor road maintenance. She says that there was a gap in the guardrail walling off the drive from the water body and that this is what allowed the vehicle carrying her son to spin into the water.

Miramar High School Football Player Dies After Collapsing During Practice

July 27, 2011 | 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.

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

July 22, 2011 | 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

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

July 15, 2011 | 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.

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

July 12, 2011 | 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

West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck

May 30, 2011 | by David J. Halberg, Esq.

The ex-husband of a woman who suffered a fatal fall from Roxy’s Pub in filed a West Palm Beach wrongful death complaint alleging Florida premises liability. Jessica Harris, 39, died last December after she fell two stories.

While some witnesses have said that the Lantana woman jumped after an argument with a man at the downtown tavern, others said she stepped over the security rail and said something to the effect of “look what I can do.” Brian Harris is contending that if the railing had been adequate, Harris wouldn’t have been able to fall. He is filing his Palm Beach County wrongful death complaint on behalf of her children, ages 7 and 10.

Roof Falls

Florida Medical Malpractice Cap Upheld by US Appeals Court

May 29, 2011 | by David J. Halberg, Esq.

A law that caps noneconomic damages for Florida medical malpractice at about $500,000 per doctor has been upheld by the federal appeals court in Atlanta. The court rejected a family’s claim that the cap was in violation of federal and state laws.
Instead, the court found that the state law “passes muster” and dismissed the plaintiffs claims that the law deprives them of their right to obtain just compensation.

The plaintiffs are the family of Michelle McCall, who died in 2006 after giving birth to her son. Her loved ones claimed that not only did a nurse fail to notify a doctor that McCall’s blood pressure was incredibly low during a surgical procedure, but also the doctor never personally checked her vitals.

Following a bench trial, a judge in Florida said that McCall’s estate was entitled to $2 million in noneconomic damages. However, because of Florida’s medical malpractice cap, that amount had to be reduced to $1 million. (Although state lawmakers adopted new rules in 2003 that let victims get any award for economic damages, the cap limited the amount of noneconomic damages.)

Examples of Florida Medical Malpractice:

• Anesthesia errors
• Wrong diagnosis
• Delayed diagnosis
• Wrong site surgery
• Failure to obtain informed consent
• Failure to provide proper post-surgery care
• Failure to monitor a patient’s vitals
• Surgical errors
• Birthing malpractice
• Performing the incorrect procedure on a patient
• Accidentally leaving surgical tools in a patient
• Medication mix-ups

The federal appeals court is asking the Florida Supreme Court to tackle a number of yet unresolved issues, such as whether the state’s medical malpractice cap is in violation of the family’s right to a jury trial.

US appeals court upholds Fla. med. malpractice cap, Miami Herald/AP, May 27, 2011
Read the Opinion

Related Web Resources:
Medical Malpractice, New York Times
Empowered Patient, CNN

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer, April 29, 2011
Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, South Florida Injury Lawyer, February 12, 2011 Continue reading

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

May 20, 2011 | by David J. Halberg, Esq.

Six years after the Florida water scooter accident that killed 14-year-old Yasell Perez and left then-15-year-old Samantha Archer with serious injuries, their families are in court seeking damages from Yamaha for Palm Beach County wrongful death, products liability, and personal injury. The jury trial opened last week and the plaintiffs are seeking millions.

The tragic Palm Beach County injury accident occurred on Easter Sunday on March 2005 after the teens got on a WaveRunner on the Intracoastal Waterway. Five minutes after taking off, the WaveRunner struck a boat, killing Perez and causing Archer, now 21, to sustain serious injuries, including a traumatic brain damage, a broken pelvis, and gashes to her legs, stomach and groin. She was hospitalized for two months and had to return several times to undergo surgery. Doctors have testified that Archer has lost the mental and emotional abilities that would allow her to sustain a marriage, hold a job, have a kid, or live independently.

A lawyer for Yamaha has said that the teenagers shouldn’t have told the WaveRunner’s owner that they knew how to operated the personal watercraft. He also notes that Archer at the time of the accident was under 16, which is the legal age for operating a water scooter in Florida. Meantime, the plaintiffs are claiming that a steering problem with the WaveRunner prevented the girls from being able to avoid striking the boat. Their lawyer contends that the PWC accident that killed the girls could have been avoided if only Yamaha had listened to concerns it had been receiving for years about problems with the WaveRunner’s steering system. Archer is seeking almost $7 million, while Perez’s family is also seeking millions.

Miami-Dade Wrongful Death Lawsuit Seeks Damages Over Fatal Jacuzzi Drowning at Bahamian Resort

May 17, 2011 | by David J. Halberg, Esq.

The family of John Van Hoy Jr. has filed a Miami-Dade wrongful death complaint against Sandals Royal Bahamian Resort. Van Hoy died after getting caught in a Jacuzzi suction drain at the Bahamian resort on December 28, 2010. Other plaintiffs include Sandal Resort International, Unique, Hayward Industries, and other companies involved with the manufacture of the hot tub and its parts.

Several resort guests, including Van Hoy’s fiancé Nicole Cleaveland, reportedly tried to help free him, but by the time they were able to pull the 33-year-old away from the drain it may have been too late. The whirlpool reportedly lacked an emergency shut-off button.

In their Miami-Dade drowning accident complaint, the plaintiffs accuse hotel staff of ignoring Van Hoy and either being unwilling or lacking the training to perform CPR during the 45 minutes it took for the ambulance to arrive. The workers at the resort then allegedly tried to prevent Cleaveland from communicating with family, friends, or others and subjected her to an “interrogation” while suggesting that she or Van Hoy were “somehow at fault for the death.”

Julie Schenecker’s Husband Sues Her For Their Children’s Florida Wrongful Deaths

May 13, 2011 | by David J. Halberg, Esq.

The father of teen siblings Beau and Calyx Schenecker is suing to their mom Julie for their Florida wrongful deaths. Julie Schenecker, 50, is charged with the first-degree murders of Calyx, 16, and Beau, 13. She has pleaded not guilty even though she already confessed to shooting the two teenagers as part of a “massacre” plan last January.

Julie’s husband, Army Col. Parker Schenecker, was overseas on duty when the murders occurred. Now, he is seeking civil damages from her. Col. Schenecker says that his Florida wrongful death complaint is an effort to give his daughter and son a voice and hold their mother accountable for her actions.

Col. Schenecker says that when he first saw his wife in jail he told her that he planned on suing her for divorce and that she turned down his offered divorce settlement, filing her own response demanding half his assets, permanent alimony, legal expenses, her diamond engagement ring, and a life insurance policy. If Col. Schenecker wins a wrongful death judgment against his wife, this could allow him to recover assets he’ll have to hand over to her as part of the divorce settlement.