Florida Injury Attorneys Blog

Gunmen Rob 22 Tourists from Carnival Cruise in Puerto Vallarta, Mexico

Mon, 27 Feb 2012 18:00:26 -0500

22 Carnival Splendor cruise ship passengers were robbed by a gunman while onshore in Puerto Vallarta, Mexico, according to reports. The passengers were apparently enjoying a guided jungle hike in El Nogalito, an area famous for its hiking trails, when they were intercepted.

The cruise ship accident, which happened at approximately 5:00 p.m. on Thursday, culminated in the gunmen stealing money, watches, cameras and other possessions. A passenger told the press that the passengers were "single-file, and this robber came out of ahead them and had a bandana over his face, had a gun, spoke in Spanish. The tour guide translated and told everybody they had to put everything on the floor and then told us to turn around and run."

News reports say that the gunman fled into the countryside following the incident. No information has been forthcoming about an arrest. Guests were reportedly unhurt and able to return to the ship safely, where they continued on the cruise.

Costa Allegra Cruise Ship Adrift w/o Power in Indian Ocean

Mon, 27 Feb 2012 17:46:58 -0500

A ship on the same fleet as the infamous Costa Concordia is now adrift without power in the Indian Ocean after a fire broke out in its' electrical room, sources indicate. The ship is currently near Alphonse Island, 200 miles southwest of Seychelles (an island country in the Indian ocean). The liner is reportedly carrying over 1,000 people. (Photo Credit: AFP / BBC News)

Officials on Seychelles say that they received a mayday call from the ship after the fire struck, though the fire was put out and no one was hurt. "We have made contact with the vessel. We are sending assistance. There are no casualties," said Michael Rosette, deputy army chief of staff of Seychelles.

The fire caused a blackout on the ship.

Officials from Costa Cruises indicated that the Costa Allegra was looking for help from cargo ships when it made contact with Seychelles. "Fire security procedures on board were immediately activated and special fire crews intervened. The fire was extinguished and did not extend to any other part of the ship. There were no injured or victims," said Costa Crocerie, an Italian-based Costa Cruises subsidiary. "The general emergency alarm was promptly declared. All passengers and crew members not managing the emergency went to the muster stations (designated emergency gathering points). Checks are under way in the engine room to re-start the instruments necessary to reactivate the functioning of the ship. Tugboats and other support means are on their way."

Sebastian Majewski and Wojciech Korjat Killed in Key West Plane Crash

Mon, 27 Feb 2012 14:49:58 -0500

Sebastian Majewski and Wojciech Korjat were killed in Key West, Florida when their airplane crashed on Thursday. The airplane crash occurred shortly after the men took off in a small private version of the Cessna 172, a four-seat civil utility aircraft. The Florida Highway Patrol started investigating to identify the reason for the deadly crash, but has since handed off the investigation to the National Transportation Safety Board.

The NTSB's final report on this airplane crash is extremely important because it will tell injury attorneys whether or not a case can be made for either man. When it comes to airplane crashes, the cause of the accident is typically pilot error a maintenance problem. In other cases, a component part malfunctions or fails, causing the aircraft to go down.

Getting to the root cause of the crash is essential in order to determine if a case can be made for compensation.

According to Deputy Becky Herrin of the National Transportation Safety Board, boaters in the Key Haven in the Gulf of Mexico informed authorities of the crash at around 1 p.m. on Friday, a day after the accident. A search turned up one body approximately 1.5 miles away from the crash site and another 1.5 miles away from Stock Island, just of the tip of Florida.

The Monroe County Sheriff's office says that Wojciech Korjat, 31, and Sebastian Majewski, 32, were both Polish tourists who were visited the area. They had reportedly rented to plane, which had tail number N53589, from Kendall-Tamiami Executive Airport in Miami. The airport states on its' website that it is one of the busiest Florida general aviation airports, with private, government, and training specialties. It is not clear if the airport or a private company had conducted safety inspections of the vehicle prior to the accident, or if a malfunction or other defect could have played a part in the accident.

Pit Bull Attacks 4 People in West Palm Beach, Florida

Mon, 27 Feb 2012 13:53:15 -0500

Animal control authorities euthanized West Palm Beach, FL dog after it attacked four people on Thursday, according to reports. The dog was classified as vicious after the attacks, which made it ineligible for domestic ownership, and was euthanized after being taken into custody. No charges have yet been filed against the owner, who was apparently violating several dog ownership requirements.

The incident report indicates that on Thursday at approximately 6 p.m., the dog attacked its' owner and its' owner's grandmother before biting a 13-year old girl's arm on the 1300 block of 13th St in West Palm Beach. The dog was reportedly a cane-corso mix, which is a large and muscular variety of the pit bull. It is not clear whether the dog had attacked anyone before this incident. Pit bulls can be notoriously antagonistic, especially when not cared for or socialized properly early in life.

Someone called authorities, who responded to the scene along with paramedics. The 13-year-old girl required immediate treatment for her injuries, but the two women did not require medical attention. It was not immediately clear what relationship the child had to the owner of the dog and whether she lived at the residence.

The Danger of Florida's Elderly Drivers

Mon, 27 Feb 2012 13:47:08 -0500

A new study by TRIP, a nonprofit transportation research group, suggests that Florida is the most dangerous U.S. state for senior drivers. The study is entitled "Keeping Baby Boomers Mobile" and is based on 2010 data. It found that 503 car accidents involved at least one driver aged 65 or older and that in those crashes, 271 of the senior drivers (nearly 54% of those involved in traffic accidents) were killed.

The data is particularly disturbing given the rising age of drivers, particularly in Florida. Currently around 20% of Florida drivers are 65 years of age or older, and Florida officials believe that 25% of Florida drivers will be senior citizens by 2030. The study notes that the Baby Boomer class, comprised of persons born between 1946 and 1964, will begin turning 65 in 2011 and that as the rest of the group follows over the next 15 years, the senior citizen population is expected to balloon by 60%.

Advocates concerned by the trend are speaking out about the need for preventative measures such as senior-friendly roads and traffic signs, alternative transportation options, safer vehicles and improved licensing screening. One group called Floridians for Better Transportation, comprised of engineers, road builders and businesses, has already voiced concerns about the situation. Matthew Ubben, the president of the organization, told the press that if data patterns continue, 2.5 million new residents over 60 years old will flock to Florida by 2030. "A lot of them will be retirees new to Florida, people who are used to driving in a different [state]," he explained.

Jacksonville Woman Killed by Garbage Truck

Thu, 23 Feb 2012 20:04:47 -0500

A Jacksonville, Florida woman was reportedly struck and killed by a garbage truck yesterday morning. The car accident occurred on Hart Expressway between Beach and University Boulevards. According to reports, the woman was running across the freeway and stepped in front of the garbage truck, which then hit her. She was pronounced dead at the scene of the accident. Her name has yet to be released as authorities work to identify her and inform family of the death.

No one else was hurt in the accident. Officials say that no charges have been filed against the garbage truck driver, although reporters indicated he was visibly shaken after the incident. Northbound lanes near University Boulevard remained closed until around 2 p.m., and police set up a detour for traffic,

This was not the only pedestrian car accident to occur in Jacksonville yesterday. Just a few hours earlier, at approximately 6:30 a.m., a hit-and-run occurred in the 6900 block of Atlantic Boulevard, where an unknown entity in an unknown vehicle struck a pedestrian. The driver fled the scene after striking the pedestrian, who was transported to Shands Jacksonville Hospital. The victim reportedly suffered life-threatening injuries. It is not clear whether he or she was able to give a description of the driver or vehicle, or whether the accident was a potential result of a DUI.

Florida Woman Brain Dead After FHP Trooper Tasers Her

Thu, 23 Feb 2012 19:50:05 -0500

Florida Highway Patrol Trooper Daniel Cole was reportedly declared guiltless after an internal investigation into an incident that left 20-year-old Danielle Maudsley brain dead, reports indicate. The dash cam video from Cole's patrol car, which caught the incident, was released last week along with the report.

In the video, Maudsley can be seen running out of the Florida Highway Patrol station, her hands handcuffed in front of her. Cole, who was right behind her, can be seen tasering her, after which she screams, spins around and falls on her back onto the pavement. She is still conscious after the fall, crying and saying she can't get up. Maudsley reportedly lost consciousness moments afterwards and has not regained it in the nearly five months since.

During a video interview with an investigator, Cole said that he decided not to tackle Maudsley because he was so much bigger than her and because she was faster than him. Cole weighed in at 267 pounds at the time of the accident. "I know that I can't just jump on her. I'm three times her weight. If we go down, one or both of us is going to get hurt. The taser is the immediate weapon of choice," he said. He also so says that Maudsley was outrunning him, though she was only steps in front of him in the video.

Man Pinned Under Range Rover in Delray Beach Car Crash

Thu, 23 Feb 2012 19:23:58 -0500

A recent car accident in Delray Beach, Florida resulted in a man getting pinned under his own Range Rover after an out-of-control SUV hit the parked Rover as he was loading items into it, according to reports. The woman who was driving the SUV is now in police custody. Charges have not been announced to the public, nor has the woman's name. It is not known if she has retained a private criminal defense attorney.

The accident took place on Lindell near the intersection of Dixie Highway at approximate 9:45 a.m. Witnesses of the accident say that the woman was stopped at a light and did not go when the light turned green. The person behind her honked their horn and the woman stepped on the accelerator suddenly. She lost control of her vehicle as a result of the fast acceleration, went over a median, and crashed into the Range Rover and another vehicle parked in a driveway.

Two men, one middle-aged and one younger, were loading items into a Range Rover when the woman struck the vehicle, causing it to move and pin the older man. 15 fire rescue officials and other personnel were able to free him using special high-lift jacks. He was transported to Delray Medical Center for treatment, and reportedly sustained traumatic injuries from the accident.

It appears that the woman may have actually hit the younger man with her vehicle. He is reportedly on advanced life support at an unnamed hospital. The names of the victims have yet to be released.

Daniel McCauley Killed in Palm Beach, Florida Car Crash

Thu, 23 Feb 2012 19:21:12 -0500

Daniel McCauley of Palm Beach, FL was killed yesterday in a car accident, according to reports. He was pronounced dead at Delray Medical Center shortly after the car accident, which only involved one vehicle. No charges have been filed, although an investigation is underway to determine the cause of the accident.

The 17-year-old student was driving his beige Jeep Wrangler at approximately 8:30 a.m. yesterday morning at the time of the accident. He was driving near the entrance to Okeeheelee Park on Forest Hill Boulevard when he lost control of the vehicle. The jeep went over a curb and through a barbed-wire fence before crashing into a tree and a utility pole in an enclave on the side of the road. The vehicle reportedly rolled over during the accident. It is unclear what caused McCauley to lose control of the vehicle.

The teen was immediately transported to Delray Medical Center via helicopter with traumatic injuries. It is not readily known if he was conscious after the accident. He was pronounced dead soon after. He was wearing his seat belt at the time of the accident and investigators do not suspect a DUI.

Car Accident in Tampa, Florida Involves Flipped Semi-Truck

Thu, 23 Feb 2012 15:28:42 -0500

A semi truck apparently carrying scrap metal flipped over near Tampa, Florida Tuesday morning in a car accident that ended up involving four vehicles. The crash occurred at approximately 6:44 a.m., although it is still unclear what caused it.

From the wreckage, it appears that the semi flipped over and ended up perpendicularly lying across several lanes of U.S. 301 near Ohio Avenue. Either the semi hit three vehicles or the vehicles collided with the overturned semi. One of the vehicles that made contact with the semi spun off of the road, colliding with a nearby mobile home.

The cleanup and investigation is expected to take the better part of the day because of the considerable amount of scrap metal involved. Both sides of the highway have been closed off. For now, drivers have been asked to take a detour around the disaster area.

The Florida Highway Patrol reports that several people were transported to the hospital with non-life threatening injuries. No one was killed or seriously injured. The names and ages of the persons involved in the crash have yet to be released. As of now the incident is not believed to be the result of a DUI.

John Reynolds Injured in Lehigh Acres, Florida Car Accident

Mon, 20 Feb 2012 17:18:08 -0500

John Reynolds of Lehigh Acres, FL has been released from the hospital after he was treated for minor injuries following a car accident on Wednesday. Theresa Elisabeth Achaval and Robert Colyer, who were driving the Mustang that cut into Reynold's path, remain in critical but stable condition. They are being treated at Lee Memorial Hospital.

The car accident occurred yesterday at roughly 10:30 a.m. Police believe that Archaval, 41,was turning from Hanna Avenue onto Lee Boulevard in Lehigh, driving a Ford Mustang with Coyler, 82, in the passenger's seat. She accidentally crossed in front of Reynold's Chevrolet Monte Carlo, which was going in the opposite direction. The collision ensued.

Reynolds, 36, was treated at Lehigh Regional Medical Center and released on the same day as the accident. He reportedly suffered minor injuries. Achaval and Coyler, on the other hand, had to be air-lifted to the Lee Medical Center on Med Flight, where they remain in critical condition.

The homicide team in Lehigh is investigating the crash. As of now, the crash is not believed to have been a DUI or DWI. No charges have yet been filed.

David Bregg Injured by Drunk Driver in Sarasota, Florida

Mon, 20 Feb 2012 16:08:31 -0500

Paul Alan Scheffer was arrested in Sarasota, Florida for DUI after allegedly sending David E. Bregg to the hospital in critical condition. Scheffer was booked at the Sarasota County Jail on Friday for one count of DUI involving bodily injury after the car accident. He remains incarcerated in lieu of paying $100,000 bail bond. Arraignment has been scheduled for March 16. It is not clear whether he has retained a private criminal defense attorney.

According to investigative reports. Scheffer, 54, was driving his 1993 Nissan truck north on Albee Farms Rd, and David E. Bragg, 38, was riding his 2007 Suzuki motorcycle southbound on the same road at around 6:22 p.m. Friday afternoon. At the intersection of Edmndson Rd and Albee Farms Rd, Bregg was continuing straight at a green light when Scheffer allegedly turned left in front of Bregg's motorcycle. Bregg was unable to stop or avoid Scheffer and ended up hitting the right rear side of the truck.

Bregg sustained serious injuries and was taken to Blake Medical Center in Bradenton for treatment. Reports indicate that he was in critical condition over the weekend. There have not been any updates as to his condition. Because of his injuries, he was unable to give officers his version of the car accident.

Scheffer told authorities that he turned left in front of Bregg because he had a green arrow at the traffic light. He was wearing a seatbelt and was not injured in the accident. Officers determined that he had been drinking and arrested him on the DUI charge. Scheffer sports a black eye in his mugshot; it is not clear whether it was sustained in the accident or was the result of another incident.

Scheffer has been arrested for drinking and driving several times in the past. The two previous arrest took place in August 1996 and October 1998. The details of the cases are not currently known.

Tom Holloway's Electronic Cigarette Explodes in Pensacola, Florida

Wed, 15 Feb 2012 18:08:03 -0500

Tom Holloway of Pensacola, Florida had all of his teeth and part of his tongue blown off when the electronic cigarette he was smoking exploded on Monday evening. Holloway suffered severe burns and injuries from the defective product and is believed to still be in the hospital undergoing treatment for his injuries, which will likely involve reconstructive surgery and teeth replacements. Thankfully, Tom Holloway's injuries are non-life threatening and he is expected to survive.

The incident occurred in Holloway's home in Panhandle, as Holloway sat in the study using an electronic cigarette. According to reports, his wife was in the other room at the time of the disaster. She heard an explosion and, right after, her husband's scream. "She said that it sounded like a firecracker, and it was just a horrible noise, and she heard him scream and she ran in there," said Wendy Jensen, a neighbor of the couple.

When Holloway's wife entered the study, she found her husband with blood running down his face, missing all of his teeth and a chunk of his tongue. The explosion was extremely hot and reportedly set the study on fire, although it is not known how extensive the property damage was. Rescue and Fire officials arrived soon after the explosion to assist Mr. Holloway, likely called by Holloway's wife or neighbors who heard the explosion and subsequent commotion.

Billy Nguyen Killed in Boca Raton, Florida Motorcycle Crash

Wed, 15 Feb 2012 16:59:48 -0500

Billy Nguyen was killed in Boca Raton, Florida in a Valentines Day motorcycle accident. Anthony Gaeta was driving the car that hit Billy Nguyen. News agencies are reporting that Billy Nguyen was only 20 years old and Anthony Gaeta was 73.

When it comes to motorcycle crashes and car accidents like these, I always wonder if age played a role in causing the accident. At 73, there is little doubt that Anthony Gaeta's hearing, vision, ability to perceive distance and speed were all impaired due to age. Not to mention, Gaeta may also suffer from age related cognitive problems, such as dementia.

As a Florida injury lawyer, I believe that Billy Nguyen's estate has a very valid claim for wrongful death against Anthony Gaeta and any insurance company that he may have.

As an accident attorney, my perspective in this blog is limited to commenting on the legal issues and how they might play out in a court of law.

Before I begin my analysis of this case, it is important to explain the controlling law. In Florida, as in other states, injury attorneys need three main things in order to build a winning case when it comes to a wrongful death action.

FLORIDA LAW

First, injury lawyers must be able to prove that the other driver, in this case Anthony Gaeta, acted negligently or intentionally when he hit Billy Nguyen's motorcycle.

Second, injury attorneys must be able to prove that the victim's death was caused or contributed to by the other driver's negligence.

Third, the other driver must have adequate insurance or personal assets to pay any judgment or out of court settlement.

KNOWN CASE FACTS

According to news reports, the motorcycle crash happened at approximately 8:46 p.m. on Valentines Day. Initial reports indicate that Billy Nguyen was riding his 2007 Kawasaki motorcycle northbound on State Road 7. At the same time, Anthony Gaeta is reported to have been driving a 2010 Mazda when he made a U-turn into Billy Nguyen's lane of travel.

According to PBSO, Anthony Gaeta collided with Billy Nguyen's motorcycle when he made this U-turn and entered Nguyen's lane of travel.

As a result of the impact, Nguyen was thrown to the shoulder of the roadway where he was killed on impact.

Anthony Gaeta's vehicle was then hit by two other cars that were following behind Billy Nguyen.

Thankfully, none of the people in the cars were injured.

LEGAL ANALYSIS

First and foremost, when it comes to the issue of negligence, it sounds as though Anthony Gaeta is 100% responsible for causing this horrible accident. In most cases, when a party makes a U-turn, he/she is responsible for yielding to other vehicles, especially on-coming vehicles.

FHP Defends Re-Opening I-75 Before Pileup in Gainesville, FL

Tue, 14 Feb 2012 14:27:01 -0500

The Florida Highway Patrol is still defending its' decision to reopen I-75 just before an 18-vehicle pileup sent 10 people to their graves in late January. The highway patrol had been drawing extreme criticism for its' decision to reopen the stretch of highway, which had been closed just 15 minutes before the accident because of low visibility due to fog and smoke from a nearby brush fire.

Meanwhile, funeral services for the nearly dozen deceased have all but wrapped, leaving family members and friends at a loss of what to do. A criminal investigation is pending as authorities try to determine if the brush fire was set purposefully. If it was and the perpetrator is caught, he or she could be charged with multiple counts of manslaughter. Others suspect that family members of the deceased may try to sue the Florida Highway Patrol for wrongful death because of its' decision to reopen the road.

The Gainesville car accident disaster occurred in the early morning hours of January 29th. The highway had been closed until around 3:30 a.m., when the Florida Highway Patrol said that the fog and smoke had cleared. However, conditions apparently deteriorated fast after they reopened the stretch, and a quarter of an hour later visibility was reportedly near zero, according to the patrol as well as drivers who were at the scene.