Wrongful Death

September 24, 2012

Florida A&M Moves to Dismiss Hazing Death Suit. Sovereign Immunity a Problem for Injured Victims in Florida

Florida A&M University responded last week to the wrongful death suit filed against it by the parents of Robert Champion, the young drum major who died at the hands of fellow marching band members during a notorious hazing incident that took place in Orlando last November. Triggering a tide of national media criticism, FAMU asked the Orange County Circuit Court to dismiss claims against it on grounds that Mr. Champion’s submission to hazing was itself an illegal act, and that, in any case, the University did all that it was required to do in the way of discouraging hazing practices.

According to a September 11, 2012 Orlando Sentinel report, the attorney for Mr. Champion’s family was shocked by FAMU’s blame-the-victim defense strategy, and he continues to maintain that FAMU is liable in damages because it failed to take available measures to end the culture of hazing that influenced members of its famous Marching 100 band, including Mr. Champion, to perform the “gauntlet” ritual that ended Champion’s life.

Civil Claim For Events That Included Alleged Criminal Activity by Others

FAMU’s court filing includes an alternative request that draws attention to another dimension of this case, which is the alleged criminal nature of the beatings that led to Mr. Champion’s death. The University is asking that if the lawsuit is not dismissed outright, then it be postponed until criminal prosecutions of band members charged in the hazing have been concluded. Twelve marching band members are currently fighting felony charges brought against them under Florida’s anti-hazing law. FAMU is apparently hoping that convictions of the band members will somehow reduce or erase its own liability for the activities that caused student Champion’s death. This, however, is not the way things are likely to work, because Florida’s anti-hazing law, and a body of court decisions that have addressed hazing, quite clearly impose on universities responsibilities that are not negated by the criminal acts of others.

August 22, 2012

CSX TRAIN ACCIDENT AND DERAILMENT IN MARYLAND: TRACKS TO BLAME? INSPECTION RECORDS SHOULD BE REVIEWED SAYS GERSON AND SCHWARTZ, PA

by Gerson & Schwartz, P.A.

A CSX train derailed yesterday killing two 19 year old women and demolishing several automobiles below the track. According to the National Transportation Safety Board, officials have reported that the derailment took place around midnight in Ellicott City Maryland. The CSX coal train was on route from West Virginia to Baltimore when it derailed, leaving horrifying sounds on and off its tracks. Witnesses claimed that the sound of screeching brakes were frightening and indicative of the disaster to follow. http://www.msnbc.msn.com/id/48745179

Although, the exact cause of this CSX train derailment is yet to be determined, typically train wrecks occur as a result of crew error like miscommunication or improperly maintained tracks. These unfortunate circumstances can lead to a train’s wheels literally jumping off their tracks. According to CSX spokesman, Bob Sullivan, the train which was traveling from Grafton, W. Va. to Baltimore consisted of two locomotives and weighed 9,000 tons. “The first 21 cars of the 80-car train derailed”. In this instance, the CSX train was actually transporting 190 pounds of coal which spilled into the Palapsco River. This tragic train wreck resulted, not only in a loss of human lives, but affects the sea life in the river, as well. As a result, economic issues lie ahead, for all those involved. Reports have been made that the acidity in the water could become seriously elevated, threatening the aquatic life in the river. http://www.huffingtonpost.com/2012/05/22/india-train-crash_n_1534939.html

This kind of accident is all too familiar to attorneys like Philip M. Gerson at Gerson & Schwartz, PA. Having had experience dealing with CSX in the past for railroad accident cases, Gerson is aware of the difficulty involved in pursuing cases against railroad companies like CSX Transportation. “We need to understand the facts and deal with the people involved on a personal, human level, he said, from his office in Miami, Florida.

June 15, 2012

One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal

by Gerson & Schwartz, P.A.

Last week, the driver of a pickup truck carrying four Broward County teenagers lost control and rolled into a canal, killing one teen and injuring another. According to witnesses, a four door Toyota Tacoma driven by 18-year-old Vincent Terracciano was traveling westbound on Krome Avenue when the vehicle suddenly veered off of the dirt road near Okeechobee Road. The teens were reportedly headed to Mack’s Fish Camp to swim and fish on their first day of summer vacation. Instead, the owner of the camp, Keith Jones, pulled the four boys from the partially submerged vehicle.

Following the crash, three of the four teens remained conscious. According to Jones, the boys were trapped inside of the pickup with a small air pocket. Jones reportedly used a piece of farm machinery to roll the truck upright before he pulled all four young men from the vehicle. Jones stated he performed CPR on the unconscious teen, 18-year-old Nathan Northrup of Davie, until rescue crews arrived. Northrup was taken by emergency helicopter to Memorial Regional Hospital where he was later pronounced dead. Emergency responders also took 17-year-old Ricardo Vera to Memorial Hospital Miramar by ambulance for treatment of non-life threatening injuries. The driver and another 18-year-old passenger were not injured in the crash.

According to the Broward County Sheriff’s Office, drug and alcohol use was not a suspected factor in the accident. Although the cause of the crash is currently being investigated by the Sheriff’s Traffic Homicide Unit, investigators reportedly believe excessive speed played a role in the incident.

Unfortunately, automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. A car, motorcycle, or truck accident such as this one often occurs when you least expect it. Car accidents can potentially cause a wide range of complex injuries and lifelong disabilities. Tragically, motor vehicle collisions can also result in the death of your loved one.

If you were hurt or lost a family member in a motor vehicle crash, you may be eligible to receive financial payment for medical bills, lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses. A capable Miami personal injury lawyer can help you file your claim.

May 18, 2012

Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond

by Gerson & Schwartz, P.A.

Polo mogul John Goodman was released from Palm Beach County Jail on Friday pending his appeal of a 16-year prison sentence following his DUI manslaughter conviction earlier this year. At trial, Goodman was accused of driving his Bentley while intoxicated, speeding, failing to stop at a stop sign, and colliding with a vehicle driven by 23-year-old Scott Wilson in 2010. As a result of the crash, Wilson’s Hyundai landed upside down in a nearby drainage canal. Goodman reportedly fled the scene of the car accident and failed to notify authorities about the crash for several hours. Meanwhile, Wilson drowned in his vehicle.

Goodman has been in custody at the jail since he was convicted in March. He was required to post a $7 million cash bond prior to being released. Goodman is also required to be within 100 feet of an off-duty deputy at any given time. Goodman must pay two off-duty officers approximately $1,000 per day while he is out on bond. One guard will apparently remain at his Wellington residence while the other will remain at his place of business, the International Polo Club Palm Beach. Prior to his release, Goodman agreed to a judge’s order that he stay away from the Wellington social scene and refrain from attending any polo matches, parties, or charity events. Further details regarding Goodman’s release from the county jail will reportedly be negotiated at a hearing scheduled to take place next week.

Goodman’s case made headlines last fall when he attempted to legally adopt his adult girlfriend, Heather Hutchins, while fighting a wrongful death lawsuit brought by Wilson’s parents. Although the adoption has not yet been legally recognized, Goodman will reportedly be taken back into custody if Hutchins attempts to access any of the money in his children’s $300 million trust fund.

Despite that Goodman posted a $7 million bond for his release, his attorney stated Goodman is now financially insolvent. He also said Goodman’s siblings actually posted the bond, which will be held by the County Clerk in a non-interest bearing account until it is either forfeited or returned. Goodman is reportedly appealing his DUI manslaughter conviction based on alleged juror misconduct as well as other grounds. If you tragically lost a loved one in an automobile crash with a drunk driver, you should contact a capable Florida wrongful death lawyer to discuss your case.

March 30, 2012

National Scrutiny Intensifies Surrounding the Shooting of Trayvon Martin: Why wasn’t George Zimmerman Arrested? Washington Weighs In

by Gerson & Schwartz, P.A.

President Barack Obama has released a statement regarding what happened to young, African American, Trayvon Martin. Martin who was shot and killed in Sanford, Florida, by the notorious volunteer neighborhood watchman, George Zimmerman, was unarmed and had not committed any crime whatsoever. This is “a national tragedy”, said Representative Maxine Waters (D-California). How is that this “hate crime” against a black man (CNN) was committed and no one was arrested? This is the perplexing question that is continually being asked by Americans across the nation.

Unfortunately, “racism is alive and well” said a black veteran U.S. Police officer from Miami, Fl. (Reuters) Thus, the debate continues: Is the Florida “Stand your Ground Law” applicable in a case like this? Why was this man who is not even a police officer permitted to shoot and kill a young man and no arrest was made? Negligent Security attorneys at Gerson & Schwartz understand what remedies Trayvon’s family has in this wrongful death case. First of all, the 911 call made by Zimmerman reveals that the only information he gave to the dispatcher was that he was”wearing a hoodie” and looked as if he was “up to no good”. (Reuters) Civil attorneys like Mr. Philip M. Gerson have years of experience handling cases like this.

Although, the “stand your ground law” passed in 2005 is interpreted to be a self-defense law, this does not mean someone can literally chase down a man who looks suspicious, and base that suspicion on the way he is dressed…or the color of his skin, said Philip Gerson.

All fingers are pointed at the Sanford Police Department for racial profiling. It has become apparent to almost everyone that the color of Trayvon’s skin was a motivating factor for Zimmerman. There is no evidence showing that Martin was threatening Zimmerman in any way, shape or form. The self defense motive that Zimmerman’s lawyer, Craig Sonners maintains would never hold up in court, most likely.

This death was senseless and illuminates just how prolific racism is in our country today. Sonners’ statement that his “client is not a bigot” is bogus. If Zimmerman’s actions were innocent, the entire Sanford Police department would not be under such scrutiny.

As a matter of fact, lead investigator, Chris Serino, has come forward stating that contrary to his own desire to arrest Zimmerman, the State Attorney’s office told him there was not enough evidence for a conviction? (CBS) Clearly, something is not right in this case.

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

Florida East Coast Railway Train 210 Kills 2 In Same Day, Personal Injury Lawyer Says Thorough Investigation Needed

by Gerson & Schwartz, P.A.

A Florida East Coast Railway train struck and killed 2 people in entirely different incidents. Jonathan Adario was killed when Florida East Coast Railway Train 210 hit him at a crossing in Fort Lauderdale. It was reported that Adario was laying on the tracks. But, Miami personal injury lawyer Nicholas Gerson who handles train accident cases says these initial reports don’t often tell the entire story. We find that the reports are usually self sevring statements from train crew and not always based on idependent witnesses. Oddly enough, the same train just 10 hours later struck another man in St. Augustine and suicide is also being looked into. Where is the suggestion that the train crew or railroad were negligent said Nicholas I. Gerson of Gerson & Schwartz, PA . Gerson says that many times in train accident cases the police reports over look negligent acts of the railroad and their crew. The reports are often written favorably towards the train operators like CSX and Florida East Coast.

Its too early to tell. We will have to wait to see what the black box and other data can be retrieved. Gerson says that in many cases he sees the police reports will often say that a car ran into the path of an oncoming train suggesting the car but not the train was to blame. But is some cases Gerson has handled important facts such as whether the automatic crossing gates were operating are not mentioned anywhere.

July 13, 2011

Homestead Day Care Center Death

by Gerson & Schwartz, P.A.

An 18-month-old boy was found dead at a Homestead day care on Tuesday. The boy was found dead at Jomiba Learning Center, 1005 N. Krome Ave., according to Miami-Dade Police. The investigation into how the boy believed to be named Dominicue Andrews died. His body was recovered from the center’s building according to Detective Fernando Morales said.Police officers and Florida Department of Children & Families are investigating. The family had few answers Tuesday night. According to records obtained The Jomiba Learning Center, records show, had been open less than a year.Records apparently show that in three inspections conducted by DCF, the facility was cited once for noncompliance — for not having the required “Child Care Attestation of Good Moral Character” paperwork properly completed for all child-care personnel, according to a DCF report dated June 7. The Department of Children and Families, Child Care Services Program Office, is statutorily responsible for child care licensing and training throughout Florida. It is still too early to determine whether or not there was any negligence committed by the Jomiva Learning Center as the investigation has just begun.
The law firm of Gerson & Schwartz, P.A., has been representing victims and families for the negligence of others including day care center abuse and day care center neglect cases for over 40 years. For a free initial consultation, contact a day care center negligence attorney at 305-371-6000, or by email at info@gslawusa.com

For more information about this incident see: http://www.miamiherald.com/2011/07/12/2311266/police-investigating-child-death.html#story_link=email_msg#ixzz1S0eYZY9f

April 22, 2010

Fatal Truck Accident in Fort Lauderdale

by Gerson & Schwartz, P.A.

Earlier this morning a Fort Lauderdale man was killed when he was struck by a truck on the Florida turnpike. The truck accident occurred in the early morning hours around 5:30 A.M. just off of Mile Marker 63, which is north of Commercial Boulevard in Pompano Beach, Florida. Driver negligence is likely to be the cause of this accident. Gerson & Schwartz, P.A. has over 40 years of experience representing victims and their families in wrongful death claims.Contact a Miami, Florida personal injury attorney at 305-371-6000 or via email at info@gslawusa.com if you or someone you love is in need of experienced legal representation.