Miami Accident Lawyer Blog

October 12, 2013

Texting While Driving Ban Goes Into Effect In Florida.

Back in March, this blog discussed the Florida Senate’s approval of Senate Bill 52 (“Bill 52”), that sought to impose a statewide ban on texting while driving. On October 1, 2013, Bill 52, renamed “Florida Ban on Texting While Driving Law”, became effective. Florida’s texting ban makes it the forty-first state to adopt such prohibitions on the use of cellphones while driving. The State of Maryland also adopted a similar texting ban on October 1 of this year.

The new measure outlaws texting by motorists, but exempts police and other emergency vehicles. Texting while driving is considered a secondary offense, meaning that police can cite drivers for texting only if they have been stopped for another traffic violation such as speeding. A first violation of the law results in a $30 fine, however, if the texting causes a motor vehicle accident, the offender will also be assessed six points on his driver’s license.

Some proponents of anti-texting laws have criticized the measure for including too many exceptions and exemptions. For example, motorists are still permitted to use their cell phones when stopped red lights or stop signs and when moving, to perform certain tasks such as checking GPS and getting directions. Drivers can also send a text message to report the commission of a crime.Further, the law allows drivers to read text messages as long as they contain address information or directions. Detractors of the law contend that this allows anyone cited for texting while driving to excuse their behavior by claiming they were looking at a map or checking directions.

October 8, 2013

Woman Tricked Into Abortion

by Gerson & Schwartz, P.A.

A Florida woman was tricked into having an abortion by her boyfriend when he disguised pregnancy-terminating pills as antibiotics. The man now faces murder charges.

Reeme Jo Lee’s pregnancy was confirmed by her boyfriend’s father, who is an obstetrician. Lee was excited to become a mother, but her boyfriend, John Andrew Welden, pleaded with her to terminate the pregnancy.

She maintained her resolve and decided to keep the baby. She was six-weeks pregnant when her boyfriend brought home a pill bottle that he said contained an antibiotic. The label on the bottle supported the boyfriend’s claims and said that it was prescribed by his father.

October 7, 2013

Recommendations To Improve Motorcycle Safety

by Gerson & Schwartz, P.A.

In June, the National Highway Traffic Safety Administration (“NHTSA”) issued a report prioritizing recommendations contained in its National Agenda for Motorcycle Safety (“NAMS”). Developed in 2000 by the NHSTA in collaboration with the Motorcycle Safety Foundation (“MSF”) the NAMS is comprehensive plan to improve motorcycle safety across the United States and thereby decrease the incidence of motorcycle accidents.

The NAMS contains eighty two recommendations, addressing a range of topics and strategies related motorcycle safety, including, human, vehicle, environmental, and social factors to prevent crashes, reduce injuries in crashes, and care for people injured in crashes. The NAMS recommendations were prioritized in three groups: urgent (4), essential (56), and necessary (22).

Pursuant to a recommendation by the National Transportation Safety Board (“NTSB”), the NHTSA has prioritized the NAMS recommendations based on objective criteria. The recommendations were prioritized based on a complicated methodology designed to estimate each recommendation overall impact on safety outcomes.

October 5, 2013

Clearwater Man Arrested In Connection With Fatal Hit-And-Run Of Bicyclists

by Gerson & Schwartz, P.A.

Early this month, a young couple, Rob Lemon, 25, and Hilary Michalak, 25, were struck by a motorist while riding their tandem bike on the Memorial Causeway in Clearwater, Florida. According to reports, the force of the impact shattered the bike and threw the pair over 50 feet. Although both individuals were wearing helmets, Lemon later died at St. Joseph’s Hospital in Tampa and Michalak fell into in a coma.

The vehicle that struck Lemon and Michalak did not stop, however, two days after the incident, Christopher Patrick Weed, 29, of Clearwater, came forward and admitted he may have been involved. According to police, Weed claimed that he had blacked out on the way home from and didn’t remember hitting anyone.Upon seeing news coverage of the incident, Weed went to police, who later discovered Weed’s vehicle had a missing windshield and damage to the front end. Weed was arrested on two felony charges of leaving the scene of a crash.

According to those close to the victims, both were aware of the danger posed by bicycling on Florida’s roadways. Both Lemon and Michalak always wore helmets and usually rode their bike on trails to avoid the dangers posed by traffic. Lemon also wore an anklet engraved with his father’s name and phone number so that he could be identified and family contacted if he was ever seriously injured.

September 30, 2013

Court Decision Discusses Admissibility

by Gerson & Schwartz, P.A.

In July, Florida’s Fourth District Court of Appeals issued a decision in the case of Jackson v. Albright, contrary to a long-standing rule of law that evidence of a plaintiff’s prior settlement is inadmissible at trial. Generally speaking, a defendant is not permitted to introduce evidence of or question a plaintiff in a car accident claim regarding any previous settlement that the plaintiff has received as it may prejudice the jury.

In Jackson, the plaintiff, Kim Douglas, was injured in a 2001 car accident when her vehicle was rear-ended by another automobile driven by the defendant, Robert Albright. Douglas sued Albright for negligence, claiming that she suffered a herniated disc and neck strain as a result of the accident.

Douglas claimed that she was treated by a chiropractor and orthopedic surgeon and engaged in physical therapy in the months following the accident. Douglas had an MRI that revealed the disc injury in 2003, but Douglas did not have the surgery until approximately five years later. Douglas maintained that she waited to have the surgery because she did not have the financial ability to pay for it.

September 30, 2013

Son of William de Jesus Sues

by Gerson & Schwartz, P.A.

You may remember reading about the De Jesus family early last year. In February, William de Jesus took his wife and two sons on a drive to a recreational vehicle (RV) park. He then shot an RV owner to death, took the man’s wife captive and began a six-hour standoff with a SWAT team. By the time SWAT was able to break into the RV, De Jesus had stabbed his wife and two young sons before killing himself. Although his youngest son and wife survived, his eldest son died shortly after. Last November, his wife was sentenced to 10 years in prison for child neglect.

Recently, NBC News reported that another chapter of the story has unfolded. On behalf of the De Jesus’ youngest son, who nearly died from the stabbing, lawyers have brought suit against Florida’s Department of Children and Families (DCF) and their contractors. The boy’s lawyers say that the De Jesus story started back in 2007 when the DCF first learned that the family was domestically unstable.

The first incident, according to DCF records, involved a domestic disagreement between William de Jesus and his wife. Next, in 2008, the DCF was notified that De Jesus was molesting his sons. Then, in 2009, the two boys were in foster care, and their foster mother reported that the younger son was continually making dark and cryptic remarks.

September 27, 2013

Children’s Parks in Miami Shut Down Due to Toxic Ash Contamination

by Gerson & Schwartz, P.A.

The environmental dangers of playing in neighborhood parks have been brought to the forefront as popular playgrounds including Coconut Grove’s Blanche Park and Merrie Christmas Park are shut down for soil testing. First, Blanche Park, which is located on Shipping Avenue in the mid grove, was closed when high levels of the toxic chemicals arsenic and cadmium were found there. Now, Merrie Christmas Park, located on Le Jeune, road is the site for testing and research, overseen by City Commissioner Marc Sarnoff and Mayor Tomas Regalado. The next step will be that, all Miami public parks will be tested, in order to determine whether or not they are safe for children.

Personal injury law firms that specialize in premises liability cases such as Gerson & Schwartz, PA located in Miami, Florida can take action should any child or adult suffer serious injury from exposure to environmental contaminants due to negligence and hazardous activities on property. Damages can be recovered if a child has been exposed unlawfully chemical contaminants in water, soil, or dirt that causes them to become sick. If you or your child, has tested positively for high levels of poisonous substances such as lead or other heavy metals, and you believe that it is a result of a danger on the premises of another such as a school, public establishment, park, or playground contact Gerson & Schwartz PA. today for a free consultation.

Park research and testing will also include a historical view into what the land’s use was before it became an area for children’s play. According to records, the Blanche Park site was used to dispose of trash and served as a dump for incinerator ash. Evidence has shown that over 30 times the lawful limit for arsenic was detected, however. Although, there is conflicting evidence and the investigation is new and ongoing, this is alarming for any parent. Toxins such as metals found in the environment, that can cause severe illness, mental retardation, and cancer in individuals exposed even for a short period of time, can affect the health and safety of our children. This is a very serious matter.

September 23, 2013

Construction Workers Injured on Job

by Gerson & Schwartz, P.A.

Miami Fire Rescue was called to an apartment building that is under construction to help two workers who were injured on the job. WSNV News reports that the construction workers weren’t doing anything out of the ordinary. The construction crew was lifting plywood off of a landing on the second floor using a crane and nylon strapping. The nylon strap failed as they lowered the load down and the wood fell onto the two men.

The plywood weighed nearly 300 pounds. The weight of the wood made it necessary to use a crane to lift it off of the men. Both men had injuries to their heads, necks and backs and were taken to Ryder Trauma Center. Miami Fire Rescue said that the men were in stable condition and were expected to recover.

Dangers of Construction Work

September 23, 2013

Court Decision Discusses Tort Of Negligent

by Gerson & Schwartz, P.A.

Last month, the United States District Court for the Middle District of Florida, issued a decision in the case of Seybold v. Clapis, discussing the tort of negligent infliction of emotional distress as it relates to car accident claims. In Seybold, the plaintiffs, Mandy Seybold, John Seybold, and their two children, were preparing to leave the Disney All-Star Movie Resort. John Seybold was in the hotel checking out as Mandy Seybold waited near their vehicle containing the children. As Mandy and the children waited, Mandy was struck by a car driven by the defendant, Victor Clapis. Hearing his wife scream, John Seybold went outside to find Mandy Seybold’s pinned between the vehicles. Clapis put his car into park, leaving Mandy Seybold pinned. A bystander moved the Seybold’s vehicle, freeing Mandy Seybold’s leg. Although the incident took place on Walt Disney’s property, no Disney employees came to assist Mandy Seybold.

The Seybolds sued both Clapis and Disney, allege claims on behalf of John Seybold and the children against Disney for negligent infliction of emotional distress. Disney moved to dismiss these claims, arguing that the Seybolds would not be able to prove the elements of a claim for negligent infliction of emotional distress.

Under Florida law, the elements necessary to prove a claim for negligent infliction of emotional distress differ depending on whether or not the plaintiff suffered a physical impact from an external force. If the plaintiff has suffered an impact, he or she may recover for emotional distress resulting from the incident during which the impact occurred.

September 22, 2013

Florida Appeals Court Reduces Ten Million Dollar Award In Wrongful Death Of UCF Football Player

by Gerson & Schwartz, P.A.

Last month, the Insurance Journal published an article discussing a recent decision by Florida’s Fifth District Court of Appeals reducing the damages awarded in the case of a University of Central Florida football player who died following conditioning drills in 2008. The Court’s decision reduced the damages awarded to the family of former wide receiver Ereck Plancher on their wrongful death claim against the UCF Athletic Association from $10 million to $200,000. In the same opinion, the Court denied a request from the UCFAA seeking a new trial.

Plancher’s family, with the help of a Florida wrongful death attorney, filed the wrongful death suit against the UCFAA in 2009, claiming that coaches and school officials were negligent forcing Plancher to engage in a strenuous workout without water and with no trainer present. The UCFAA officials argued that the university did everything necessary to save Plancher’s life and his death was caused be a heart ailment. Following a trial in 2011, a jury found the UCFAA negligent and awarded Plancher’s parents $5 million each.

Under the Florida Wrongful Death Act, codified at Florida Statutes §768.16, et seq.,