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MIAMI, FL—The National Transportation Safety Board (NTSB) recently faulted the U.S. Coast Guard for a 2009 boating accident that claimed the life of a child during the San Diego Bay Parade of Lights. According to information provided by CNN, the California boat collision not only resulted in one fatality, but also left four additional accident victims with serious injuries.

On June 12, 2011, federal safety board officials announced that a 33-foot Coast Guard vessel was speeding in the San Diego Bay during an annual holiday event when it smashed into a 24-foot recreational boat. There were 12 people aboard the recreational vessel, called the Sea Ray, at the time of the boat crash. An 8-year-old boat passenger, whom authorities identified as Anthony DeWeese, was tragically killed in the vessel collision. While none of the Coast Guardsmen aboard the crashed patrol vessel appeared to suffer any injuries, four of them were reportedly court martialed or subjected to non-judicial punishment.

NTSB investigators said the Coast Guard boat was traveling at speeds no less than 19 knots per hour, more than twice the speed that would have been suitable for navigating the bay during the holiday event, which took place at night. The Coast Guard vessel’s cruising speed should have remained around 8 knots per hour, given the fact that there were many boats in the area on the night that the fatal boat wreck took place. Safety board officials also seemed to consider the USCG boat’s speed too high due to the presence of fireworks and other distracting background lights.

According to Deborah A.P. Hersman, chairman of the NTSB, “The Coast Guard is an organization that traditionally fills the role of rescuer… It is especially sad that a family night of celebration in the Bay ended in tragedy because of a coxswain’s poor judgment and the Coast Guard’s ineffective oversight of vessel operations.”
Moreover, Lt. Cmdr. Christopher O’Neil, a spokesperson for the U.S. Coast Guard , stated, “We owe it to the DeWeese family, the memory of Anthony, and the public we serve, to learn all we can from this tragic accident… We take very seriously our role as the nation’s maritime safety agency and we’re profoundly saddened by the loss of life in an accident involving one of our crews.”
Statistical data provided by the Florida Fish and Wildlife Conservation Commission (FWC) suggested 668 boating accidents occurred statewide during the year 2010. Those Florida accidents, 72 of which occurred in Miami-Dade County alone, resulted in a total of 79 fatalities and 389 injuries.

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Gerson & Schwartz PA, recently obtained a six fix figure settlement against the owner and operator of an apartment complex.Our client was was the innocent victim of a violent crime. After 2 years of litigation and just minutes after closing arguments, the Defendants agreed to settle the case prior to the jury reaching a verdict. Gerson & Schwartz, PA is an AV rated law firm located in South Florida. Our attorneys have experience handling all types of accident and other serious injury claims throughout the South Florida. For more information on how we can help contact a lawyer at Gerson & Schwartz PA. There is no fee to discuss your case. Call us at 305-371-6000 or by email at info@gslawusa.com

Our client expected justice – instead he got judicial error. We’re working to fix that. Back in 2001, the plaintiff, a 24-year-old man, suffered a partial hearing loss and a mild brain injury after he was beaten with a beer bottle in the parking lot of an International Drive apartment community in Orange Country. The unidentified assailant had followed him from his job at a nearby Publix and was able to enter the 360-unit complex through a malfunctioning electronic access gate.

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It was only after our client began suffering visual disturbances and went to another doctor, an ophthalmologist,that she received the correct — and sobering — diagnosis: An MRI revealed a baseball-size tumor, called a hemangioma, growing outside her brain. While not a malignant lesion, it was large enough to compress other parts of the brain and do damage. Neurosurgery followed, but so did a post-surgical infection and sensory losses. Two follow-up operations were necessary. Even today, two decades after those first headaches, our client suffers pain and discomfort.

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Cruise ships may look sparkling clean and safe, but behind the surface lays an industry that lacks any formal regulation – and all-too-often, accountability — for what occurs on-board. And, unfortunately, plenty goes on: sexual crimes that are unreported. Violent assaults covered up by ship personnel. Passengers that go missing — never to be seen again. And perhaps the most troubling problem of all: an industry that has become skilled at holding off any attempts at reform.
We will continue to help in any way we can to ensure that the appropriate regulations and safeguards are enacted by Congress — so that dream vacations don’t turn into nightmares.

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Talking about suing drunk drivers is like talking about eating ice cream. Defending a drunk driver is certainly a lot less fun. There are plenty of advice programs for defense of criminal cases involving drunk driving. Most of it applies to the civil case too. Bringing the case for an injured plaintiff is not as easy as it may look by the results some personal injury lawyers have gotten. I am going to discuss some of the techniques I have used in some of my drunk driving accident cases and share with you some of what I have learned by handling these cases.

When analyzing and presenting automobile accident cases, driver conduct is always an issue. Where the driver of the adverse vehicle has been drinking or was drunk there are additional issues not part of the ordinary accident case. The criminal case begins at the time of the accident investigation by the police when the defendant is arrested. When you are retained the criminal case is already underway and you must act promptly and aggressively to protect your client’s rights or the opportunity will have been lost.

Victims rights are now recognized. Two years ago the legislature passed a new statute requiring officials in the criminal justice system to advise victims of their statutory rights.
There is nothing improper in your speaking up on behalf of your client in the DUI prosecution. Your client has the right to be heard on several important issues

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The United States Supreme Court today denied certiorari in the Engle Class Action. This ends 13 years of litigation of the class action certification and jury findings.Howard Engle, a Miami Beach pediatrician filed the suit on behalf of an all smokers suffering from the effects of addiction to nicotine in cigarettes and survivors of those who died.

Last July, the Florida Supreme Court overturned the Third District Court of Appeal’s reversal of a final judgment entered in favor of smokers’ damages against cigarette companies and industry organizations. In December the Court denied petitions for re-hearing filed by the tobacco companies and gave plaintiffs one year to file suit on individual claims for compensatory and punitive damages.

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