Miami Accident Lawyer Blog

March 27, 2012

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

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 24, 2012

What rights do Crime Victims of any Race truly have?

by Gerson & Schwartz, P.A.

The Sanford Police department is under intense scrutiny, after an investigation that is being referred to as one of the most media driven murder cases of this year floods the news. Trayvon Martin, an African American 17 year old boy was shot and killed by a Hispanic man, George Zimmerman, a volunteer neighborhood watchman patrolling his garden apartment complex on February 26, 2012. Trayvon had just finished purchasing a package of skittles candy and an Arizona ice tea at the local 7-11, when he was shot by Zimmerman.

Despite Zimmerman’s claims that, he was attacked by Trayvon and that he was acting in self defense, the community at large and now, the nation at large, believes that shooting this black man with a “keltek 9mm semi automatic handgun” was completely unnecessary. Trayvon did not have a weapon aside from an unopened pocket knife and was heard by witnesses crying and screaming. Sanford Police Chief Brian Lee, has “temporarily stepped down” from his position due to the has been criticism to put it mildly for poor investigation and police efforts to lead to an arrest of the shooter. Important pieces of evidence have been discovered which were not considered during the investigation including Trayvon’s phone records indicating he called his girlfriend right before he was shot, and that Zimmerman’s clothes were bloodied.

The most disturbing aspect of this story, is that the Sanford Police neglected to arrest Zimmerman in connection with the death of Martin, claiming there was no supporting evidence. Since then however, public opinion has been exactly the opposite. Presently, the Sanford Police are being blamed by everyone from Congress to the Al Sharpton for an unacceptable job in this investigation.

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

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.

March 20, 2012

Another Tragedy on Florida Roads: 5 Year old Girl Dies in After Hit and Run by Van

by Gerson & Schwartz, P.A.

Yet another tragedy to add to the 10 fatalities that occurred this past weekend in car and motor vehicle accidents. Five year old Yanelle Lucero was riding her tricycle when she was struck by a van operated by a19 year Erick Garcia. Garcia, allegedly then fled the scene in his friends van. According to the news reports, the van was owned by 19 year Mario Argumedo and operated by 19 year old Erick Garcia. The young girl Lucero, was pronounced dead on arrival. According to Miami injury lawyer Nicholas I. Gerson both the owner and operator of the van are legally responsible under Florida’s Dangerous Instrumentality law. These laws state the owner of a motor vehicle is liable for the harm caused so long as the motor vehicle is operated with the vehicle owner’s consent.

March 19, 2012

At Last, Cruise Ship Drills Will Take Place Prior to Departures

by Gerson & Schwartz, P.A.

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.
Miami Martime and personal injury lawyer Philip m. Gerson of Gerson & Schwartz, PA says “its about time the cruise lines start taking a more proactive approach towards passenger safety.” In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

March 14, 2012

Carnival Cruise Lines Offer of Trivial Payments Not Surprising

by Gerson & Schwartz, P.A.

Carnival says “Safety issues are a major concern for the Carnival Cruise line and the full costs for Carnival will include passenger refunds, potential litigation and repair” But do they mean it? Especially the part about “full costs.” So far, they have only offered trivial payments to victims from the highly publicized accident aboard the Concordia disaster. Here is what they OWE passengers and crew – full and just compensation.

On the night of January 13, 2012, while passengers were in the dining room the crew misinformed them about the seriousness of this disaster. Apparently, the ship’s Captain, Franscesco Schettino, “unapprovingly deviated from the route it was initially programmed for, and; the Captain ever activated any alarms.

More problems for Captain Francesco Schettino and Carnival lie ahead, as evidence is compiled shockingly showing that the “captain was not wearing his reading glasses when the shipwreck occurred, and is said to have asked his first officer to check the radar.” What has not been explained is what Schettino was told and what he and his crew members did next to save the passengers and crew members. Everyone knows what he did to save himself.

March 12, 2012

Indian Rocks Beach Man Killed Following Nighttime Personal Watercraft Accident

by Gerson & Schwartz, P.A.

An Indian Rocks Beach man was killed this weekend following a nighttime personal watercraft crash. 40-year-old Victor Vazquez was thrown into the Intracoastal Waterway near the Belleair Causeway after the boat he was riding in hit an unidentified object in the water Saturday night. The damaged boat was piloted by 34-year-old Robert W. Turnbull of Seminole who was also thrown into the water approximately one mile from shore.

Although both men were apparently wearing life vests, Vazquez was found unconscious in the water immediately following the crash. Turnbull reportedly made unsuccessful attempts to resuscitate Vazquez on the way back to shore and again once they reached land. Emergency crews called to the scene performed CPR, but also failed to revive Vazquez. Turnbull received only minor injuries in the accident. Authorities took blood samples to determine whether he was under the influence of alcohol or drugs at the time of the accident.

Despite that a full moon lighted the Intracoastal Waterway over the weekend, it is unlawful to pilot a personal watercraft in Florida at night. Vazquez’s death is at least the second nighttime personal watercraft fatality in the area this year. In January, a man was killed and a woman injured when their personal watercrafts collided in the dark around 3 am near Hillsborough County. In that accident, neither party was wearing a life vest.

Florida has more registered boats and more boating related accidents than any other state. Boating accidents of any kind have the potential to result in serious injury and even wrongful death. The most common cause of death related to a boat accident is drowning. Boat accidents are often the result of negligence, impairment, operator error, speeding, inattentiveness, and operating during inclement weather. Fortunately, most recreational boating accidents are completely preventable.

There are two types of damages available to an individual who was injured in a boating accident due to someone else’s negligence in Florida. Economic damages include medical expenses and loss of income and earning capacity. Non-economic damages consist of compensation for suffering, pain, psychological trauma, disfigurement, and loss of enjoyment of life. Sometimes, punitive damages may be awarded where evidence of gross negligence or disregard for the life and safety of another person exists. A qualified Florida personal injury attorney can help you assess your claim.

February 22, 2012

Former Players Sue NFL in Miami Over Concussion Risks

by Gerson & Schwartz, P.A.

This month, several former professional football players filed a class-action negligence lawsuit in Miami against the National Football League (NFL) over alleged known concussion risks to players. The lawsuit claims the NFL ignored evidence which demonstrated player head trauma during football games caused major medical problems later. Plaintiffs such as former Miami Hurricane running back Najeh Davenport claim the NFL spent decades ignoring evidence that the cumulative effects of head injuries such as concussions on the field caused mental and physical problems later. The lawsuit also alleges that retired players who experienced head traumas suffer from higher rates of memory loss, depression, migraine headaches, and early-onset dementia. Other plaintiffs who recently joined the Miami lawsuit include Santonio Thomas and Omare Lowe.

The Miami suit is one of nearly two dozen filed nationwide in recent months by former professional football players against the NFL and football helmet manufacturers. With hundreds of plaintiffs throughout the country, billions of dollars are potentially at stake. Plaintiffs include both largely forgotten players and league stars like Jim McMahon and Jamal Lewis. Four similar lawsuits were recently consolidated in the Eastern District of Pennsylvania in Philadelphia before Judge Anita B. Brody. Other player lawsuits are expected to be consolidated with the multi-district litigation in the near future. Last week, a website intended for both former and current players was established to track concussion-related litigation against the NFL.

Because of the potentially lasting effects on an individual’s health, any brain injury should be taken seriously. Even a minor head trauma can have a devastating effect on a victim’s quality of life. A traumatic brain injury can cause both short and long term physical and cognitive disabilities including memory loss, depression, seizures, and changes in personality. A head injury may also raise the risk for developing other brain conditions in the future.

A disabling brain injury can result from any type of head trauma including a fall, car accident or a sports-related concussion. The medical costs associated with treating a brain injury can be astronomical. If the victim requires daily care, treatment costs will be ongoing and even higher, dramatically altering a brain injury victim’s future. If you or your loved one has suffered from a traumatic brain injury due to another party’s negligence, you have the right to seek compensation for your injuries.

February 13, 2012

FWC Expected to Investigate Melbourne Airboat Crash That Injured 4 People

by Gerson & Schwartz, P.A.

MIAMI, FL—A violent airboat crash on the St. John’s River in Melbourne, Fla. left four accident victims with various injuries. According to information provided by the Brevard Times, the boating accident appeared to have occurred in close proximity to the Sweetwater Boat Ramp on the evening of Feb. 7.

A boater called 911 after the airboat he/she was on struck a tree on the St. John’s River at approximately 7:12 p.m. Reports indicated one of the four boaters involved in the watercraft accident—a man in his 50s—was ultimately ejected from the airboat, which flipped over on impact of the tree. That man was said to be the most seriously injured victim.

Officials and personnel from the Florida Fish & Wildlife Conservation Commission (FWC), Brevard County Sheriff’s Office, and Camp Holley Fish Camp made use of airboats to respond to the scene of the boating accident. Four airboat crash victims were transported to Melbourne-based Holmes Regional Medical Center to be treated for their injuries.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.