Personal Injury

October 16, 2012

Florida Lawsuit Highlights Dangers of Automatic Gates

On the morning of April 11, seven-year-old Zhanaye Williams and her brother climbed aboard the automatic gate located at the entrance to their Tampa, Florida apartment complex, hoping to pass the time as they awaited their school bus. Suddenly, the gate began to topple, and unable to escape, Zhanaye suffered a crushing and fatal blow to her skull. According to tenants of the complex interviewed for the April 11 edition of the Tampa Bay Times, the enormously heavy gate had been broken for at least four years, and by the time of the fatal accident, it was attached to its frame by only a chain. Earlier this month, attorneys for Zhanaye’s parents filed suit against the apartment complex owner and its management company, seeking damages for Zhanaye’s death, along with damages for infliction of bodily injury and emotional distress on Zhanaye’s brother, who survived the accident and witnessed Zhanaye’s deeply disturbing ordeal.
In this instance, the grossly neglected condition of an automatic gate is the focus of legal action, but property owners have been held accountable for automatic gate-related injuries even in cases in which the care and maintenance of an automated gate have not been challenged. This is because automated entrance gates are potentially very dangerous simply by virtue of their design and function, and as a result, property owners who choose to install them expose anyone entering their property to very well established risks.
Preventable Injuries Continue Despite Safety Standards

The power of automatic gates to cause serious injury and death has been recognized for many years. In March, 2000, the U.S. Consumer Product Safety Commission, in consultation with Underwriters Laboratories, developed specific standards aimed at reducing the risk of entrapment by automatic gates, basing this effort on documentation of approximately 25,000 gate-related injuries (9,000 of these involving children below the age of 15) during the ten-year period just prior to implementation of the new standards. The standards called for installation of both internal sensors, to reverse gate motion if the sensor directly encounters an object, and external sensors (such as electronic eyes), to reverse gate motion upon remote detection of an obstruction. The Commission also urged that gate controls, such as keypads, be positioned sufficiently far from gates so that users would not have to make contact with a gate while operating its controls.
The promulgation of these standards did not, unfortunately, put an end to maimings and deaths by automatic gates, in Florida or elsewhere. In September, 2000, a Miami woman coming to view a Coconut Grove condominium for possible purchase died from asphyxia after she operated the keypad of the automatic gate to the condo building by reaching through the gate’s bars, and got trapped in the moving gate before she had the chance to retract her arm. Zhanaye Williams’s fatal encounter with an inherently dangerous and poorly maintained automatic gate came over 12 years after gate safety standards were tightened; and less than a month after Zhanaye Williams was killed, a 12-year-old died when he got dragged into a vertical-rising, roll-up-style automatic gate at a Brooklyn, New York apartment complex.

October 11, 2012

New Studies of Child Abuse Reveal Serious Personal Injuries Increasing in Children Under the Age of One

by Gerson & Schwartz, P.A.

A national study by Yale University doctors, John Leventhal and Julie Gaither of New Haven, Connecticut contradicts the previous reports and findings by Child Protective Services regarding the number of child abuse cases in the US. This new report demonstrates why the previous reports by Child Protective Services were inaccurate and unsubstantiated. This new study documents the number of physical injuries resulting from child abuse which indicates an upward trend in very young victims who have sustained physical injuries by parents or care givers. http://abcnews.go.com/Health/Wellness/child-abuse-injuries-rise/story?id=17364578

Previously, the number of child abuse victims was inaccurately presumed to be declining according to the Child Protective Services study. Actually, this was a misrepresentation based on one single data source that was incomplete. Unfortunately, the devastating truth is that there is actually an increase in child abuse cases documented by hospitals, wherein children under the age of one year old account for the majority of all abuse cases reported.

According to Med Page and ABCNEWS.COM, the current Yale University study indicates that children under the age of 1 make up for 54 percent of cases in the hospitalization data, for child victims of physical abuse. Thus, the number of physical injuries inflicted upon very young children is increasing while those injuries inflicted upon older children are decreasing. The Kids’ Inpatient Database reflects , that assault and battery, of extremely young infants and children are resulting in injuries such as traumatic brain injuries, broken bones, serious burns, abdominal injuries, just to name a few. Alarmingly, the incidence of death in children who were physically abused over a period of 12 years rose from .25 to .36 per 100,000 children. Child victims are innocent victims and, they cannot defend themselves.

October 2, 2012

Abuses at Florida Nursing Homes Continue

by Gerson & Schwartz, P.A.

The spotlight was once again on Florida’s nursing homes last month when WFTV 9 exposed the battering of a Southern Oaks Health Care Facility Alzheimer’s patient by one of the St. Cloud facility’s nurses. The nurse was arrested on felony abuse charges when police acted on an eyewitness account of the nurse delivering a belly blow to the helpless female patient. In its investigative reporting, WFTV uncovered a long history of patient-care and safety violations at this facility, some of which had resulted in a fine exceeding $25,000.

A disturbing case of extreme Florida nursing home neglect came to light in December, 2011, when the nursing director and a registered nurse at the Clermont Health & Rehabilitation Center were arrested on charges of failing to follow doctors’ orders for the care of an elderly patient who was recovering from a hip fracture. Regulatory enforcement documents in that case identified failures to treat ulcers over the patient’s limbs and tailbone as factors contributing to the patient’s ultimate death at the Clermont facility.

Last month, long-investigated conditions at the Ocoee Health Care Center finally became the subject of fines and a licensing downgrade after the Florida Agency for Health Care Administration documented that the facility had failed to ensure adequate and appropriate health care, protection, and support services to residents, breaching standards for provision of pain management, infection control, and wound care. Staff at the facility was found, among other infractions, to have disregarded a patient’s report of severe pain from both a fractured femur and pressure ulcers, and to have sloughed and bandaged this same patient’s wounds without maintaining sterile conditions, and without regard for procedure-related pain.

The Many Faces of Long-Term Facility Abuse

There are, very sadly, all too many ways in which a resident of a skilled nursing facility may be neglected or abused. The media-catching cases described here are examples of obvious intentional and negligent misconduct, but there are more subtle ways in which residents may suffer harm. Gradual malnourishment of a patient through failure to provide him or her with needed feeding assistance may not make the news, but it nonetheless constitutes a life-threatening form of nursing home neglect that must be redressed. Similarly, depriving a nursing home resident of devices he or she needs in order to maintain mobility may not produce bodily injuries, but this sort of misconduct constitutes a type of false imprisonment for which a facility must be held accountable.

July 11, 2012

July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow

by Gerson & Schwartz, P.A.

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.

July 3, 2012

Four Dead Following Pedestrian Accident Near New Marlins Baseball Park

by Gerson & Schwartz, P.A.

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

June 5, 2012

Club Lexx Night Club Shooting : One Man Killed by Security Guard

by Gerson & Schwartz, P.A.

This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called “Club Lexx”, located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer’s expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

April 12, 2012

3rd DCA Reverses Trial Court and Orders New Trial In Tobacco Smokers Claim; Gerson and Schwartz, PA wins appeal for late smoker

by Gerson & Schwartz, P.A.

The Third District Court of Appeal reversed the trial court in Frazier v. Philip Morris USA Inc., and R.J. Reynolds Tobacco Company. The appellate court issued a 25 page opinion reversing and remanding the case for a new trial and stating that the late Phyllis Frazier should have been granted a directed verdict on the question of whether her lawsuit was covered by a four-year statute of limitations from a disbanded smoker class action, the 3rd DCA ruled. Philip M. Gerson and Edward Schwartz, PA with the law of firm of Gerson & Schwartz, PA represented the late Ms. Frazier in a hard fought 6 week trial. The jury deliberated finding that the Plaintiff proved her case on all but one issue.

April 5, 2012

Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire

by Gerson & Schwartz, P.A.

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.

Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship”, said Attorney Nicholas Gerson of Gerson & Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.

Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

March 27, 2012

South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter

by Gerson & Schwartz, P.A.

Last Friday, a Palm Beach County jury convicted 48-year-old John Goodman of motor vehicular homicide and DUI-manslaughter in connection with a February 11, 2010 car accident that killed 23-year-old Scott Wilson. The jury, which consisted of five men and two women, deliberated for approximately five and one-half hours and during that time requested to listen to 911 calls made after the accident. Goodman was immediately taken into custody and transferred to Palm Beach County Jail following the jury’s verdict. He now faces a maximum of 30 years in prison. Goodman is scheduled to be sentenced on April 30th.

The case made headlines across the world after polo magnate Goodman, who is an heir to a $1.4 billion Texas air conditioning fortune, adopted his 42-year-old girlfriend last fall. At trial, Goodman was accused of speeding while intoxicated in his normally chauffeured Bentley, running a stop sign, and crashing into Wilson’s vehicle. He was also accused of leaving the scene of the collision and waiting more than an hour before he notified authorities about the accident. Instead, Goodman purportedly walked away and called his girlfriend. Meanwhile, Wilson drowned in his Hyundai which landed on its roof in a nearby canal.

Goodman’s defense claimed the man sustained a concussion in the accident and did not realize Wilson’s car was upside down in the canal. Goodman testified that although he tried to stop at the stop sign, his Bentley malfunctioned and sped forward out of control. The defense team also provided testimony from an expert who stated the throttle on Goodman’s vehicle was stuck open before the accident. A juror stated after the trial that the expert’s testimony did not appear to be credible.

Following the crash, Goodman’s blood alcohol level was .177, more than double Florida’s legal limit of .08. Goodman testified that he was not driving while drunk. He claimed he drank the alcohol found in his system following the crash at a barn owned by a fellow polo player. Goodman stated he drank the alcohol merely to ease the pain of a broken bone. Prosecutors offered eyewitness evidence Goodman consumed at least four alcoholic drinks prior to the crash. The jury reportedly did not believe Goodman’s account of the evening. Goodman is also facing a $100 million wrongful death civil suit filed by Wilson’s parents.

March 21, 2012

Another Cruise Ship Crash: Will It Ever End?

by Gerson & Schwartz, P.A.

Will it Ever End?? When is it going to stop? Yet another cruise ship crash has occurred over the last 24 hours near Halong Bay, Vietnam. This time it was the, “Silversea Shadow”, which collided with a container ship under foggy conditions. What is the reason for these life threatening cruise ship crashes in today’s technologically advanced era? These ships have radar, sonar, and satellite communications. So, is it due to human error, once again? Why can’t the maritime industry prevent these catastrophic occurrences on the water? At Gerson & Schwartz, PA we bring claims against cruise ships for their negligence. Attorney, Nicholas I. Gerson, a maritime injury lawyer with the firm believes “our cruise ship executives need to be held 100% responsible for the hiring of their captains and their crew. More frequent, monitoring of the ship’s technology is imperative. Prevention is the answer“ says Gerson. More regulatations, more saferguards, and better hiring practices are the keys to ensuring the safety of our passengers, crew members, and environment. For more information about Gerson & Schwatz PA, contact 305-371-6000 or visit us online by clicking this link