Miami Accident Lawyer Blog

August 17, 2011

Miami Sexual Assault Lawyer News: FSU Has State’s Highest Rate of Forcible Sex Crimes on Campus

MIAMI, FL—August 17, 2011 – In analyzing U.S. Department of Education data concerning crime on college campuses during the year 2009, ABC Action News I-Team reporters found that the rate of forced sexual encounters at Florida State University (FSU) was twice as high as both Tallahassee-based Florida A&M University and Winter Park-based Rolllins College, which had the next highest rates of on-campus sexual assaults within the state.

According to reports, although FSU authorities made self-defense classes available to all female students interested in taking them since 1996, there were 10 cases of sexual assault reported on campus in 2009. The classes are reportedly offered through the university’s “rape aggression defense” program.

Terming college campus rape and sexual assault a “silent epidemic,” the U.S. Department of Justice estimated that the majority (as many as 95 percent) of forcible sex offenses are not reported to officials. Furthermore, it is estimated that about 25 percent of female students are subjected to an unwanted sexual encounter at some point during their college career.

Additionally, data posted on the American Association of University Women (AAUW) website stated that nearly half (40 percent) of sexual assault and rape victims unfortunately develop sexually transmitted diseases (STD), while just about as many seek mental health treatment following their attacks.

August 16, 2011

Miami Crime Victim News: Dania Beach Motel Shooting Sends Man to Hospital

by Gerson & Schwartz, P.A.

MIAMI, FL— August 16, 2011 – The Broward Sherriff’s Office has launched an investigation into an injurious shooting that occurred in the parking lot of a Dania Beach motel at approximately 12 a.m. on Aug. 15. According to information provided by NBC Miami, while the shooting victim was rushed to Broward General Hospital after suffering multiple bullet wounds, the gunman’s whereabouts remain unknown.

Reports indicated employees at Red Carpet Inn, located along the 24000 block of State Road 84 (SR-84), called police when an unidentified man showed up at the front office after sustaining multiple gunshot wounds on the side of the motel. The masked gunman, who remains unidentified, subsequently fled the scene.

Broward deputies said they are looking for the shooter, who reportedly used a semi-automatic pistol during the violent attack. Witnesses alleged that the gunman’s four-door getaway car, which might be a Japanese model, was either maroon or a deep red colored vehicle.

Responding emergency medical services (EMS) personnel transported the shooting victim to Broward Medical Center. He remains hospitalized in stable condition. The search for the Dania Beach gunman is ongoing.

August 9, 2011

Miami Rape Victim News: Ex-Employee Files Sexual Assault Lawsuit Against Carmaker Shelby Howard

by Gerson & Schwartz, P.A.

MIAMI, FL—August 8, 2011 – A lawsuit seeking damages in excess of $5 million was filed in L.A. County Superior Court on behalf of a woman who once worked as a receptionist for renowned automotive designer Carroll Shelby. The legendary car-maker, best known for designing the Ford Mustang Cobra, is being accused of sexually assaulting his former employee and failing to take any “corrective action” after she reported being raped by another one of his employees at his own home, as reported by TMZ.
According to information provided, Angelica Smith was hired as a receptionist for the famed automaker in 2005, but claims she was practically regarded as a “personal servant.” Smith contended her job duties often included “grocery runs, liquor runs, pornography runs.”
Not only does the sexual assault lawsuit claim “on at least one occasion, Shelby himself sexually battered [Smith] by groping her,” it also accuses the car designer of disregarding her allegations that another one his workers “drugged and raped” her. Both sexual attacks allegedly occurred within the confines of Shelby’s home.
Furthermore, the suit alleges that Smith’s employment was terminated after she reported the alleged rape to her employer. Defendants named in the pending lawsuit included Carroll Shelby, the companies he owns and the unidentified employee who allegedly raped her in Dec. 2010. The sex assault case is underway.

August 4, 2011

Miami Crime Victim News: Former Orlando Hotel Worker Accused of Raping Guest

by Gerson & Schwartz, P.A.

MIAMI, FL—A former Orlando hotel worker who was accused of raping a female hotel guest in the middle of the night was subsequently arrested and is now being detained at an Orange County jail in light of the sexual assault allegations. Upon being interrogated by police detectives in connection with the alleged hotel rape case, the suspect responded, “I’ve got nothing to say, take me to jail,” according to Orlando Police Department arrest reports acquired by the Orlando Sentinel.

Reports indicated 30-year-old Deoitre Gibbs was staying at the Vacation Lodge hotel, located along South Orange Blossom Trail in Orlando, when 37-year-old hotel employee Irving Lee Gifford Jr. allegedly used his master key to slip into her hotel room. Gibbs claims she woke up to a man sexually assaulting her and that hotel surveillance footage could prove that Gifford did indeed enter her room on July 30. Despite her attacker’s verbal threats to her life, she reported the sexual attack to Orlando police.

“He said he was going to kill me, and if I was to say anything, I would be dead,” Gibbs said, maintaining that although she allowed the media to identify her in news coverage concerning the alleged hotel sexual assault case, she did so fully aware that her attacker could attempt to carry out his threats if he were to be released from jail. The alleged rape victim told reporters she wanted to prevent other women from being victimized in the same way. “He’s never going to do this to anyone again,” Gibbs stated.

According to information provided, the alleged rape suspect has a lengthy criminal history, including offenses from burglary to drug possession to aggravated battery against a law-enforcement officer with a deadly weapon. Gifford was booked into the Orange County jail on $5,000 bail and faces charges of sexual battery and burglarizing an occupied dwelling with assault or battery. Investigations into the apparent hotel rape case are ongoing.

August 3, 2011

Miami Crime Victim News: Lauderhill Man Shot, Killed Trying to Make Peace Between Arguing Pair

by Gerson & Schwartz, P.A.

MIAMI, FL— August 3, 2011 – Officials from the Lauderhill Police Department are on the lookout for a gunman who shot and killed a 34-year-old Coral Springs newlywed and father of three in the parking lot of a Broward County apartment complex. According to information provided by the Orlando Sentinel, the shooting victim was allegedly attempting to “make peace” between two people who were bickering outside the Olive Tree Apartments, located at 2051 NW 43rd Terrace, on June 30.
Reports indicated a man and a woman, both of whom remained unidentified, were arguing over money when Brandon James Lee approached them and tried to calm the quarrel. According to Samuel Preston, who was initially playing a game of cards with Mr. Lee, an unidentified man appeared from around the corner and began shooting just after 12 a.m.
Bystanders contended the gunman seemed to open fire upon suspecting that a certain group of people (who were hanging out on the north side of the complex at the time) had been disrespectful to the woman who was involved in the original dispute over $40. Preston told reporters that Lee suffered a gunshot wound to the back as he tried to run away from the gunman. He then suffered two additional bullet wounds during the Broward County shooting.
Friends of the shooting victim subsequently took him to Florida Medical Center. Lee’s traumatic injuries proved fatal after he was transferred to Broward General Medical Center. Reports note that Lee got married only a couple weeks prior to his death. It did not appear as if any others suffered any wounds during the shootout.
Reports did not specify whether there are surveillance cameras in place or security guards on duty at the Broward apartment complex. Nevertheless, investigations into the fatal South Florida apartment shooting, along with the search for the shooter who fled the scene, were expected to be underway.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami premises liability attorneys of Gerson & Schwartz have extensive and successful experience representing clients in all areas of security negligence and premises liability law. Having already spent more than three decades litigating a variety of complex injury and assault claims, the South Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help crime victims obtain the justice a compensation they deserve.

July 28, 2011

Miami Cruise Ship Injury News: Researcher Finds Sex Assault Rate Higher on Cruise Ships Than on Canadian Land

by Gerson & Schwartz, P.A.

MIAMI, FL—By examining various FBI reports and U.S. court cases involving cruise companies, a Canadian researcher determined that the number of sexual assaults that occur on cruise ships is approximately 50 percent higher than the number of sex assaults reported on Canadian land. According to information provided by Canadaeast News Service, the Atlantic researcher who conducted the study is a professor at the Memorial University of Newfoundland in St. John’s, Canada and has long payed close attention to the closeted side of the cruise ship industry.

Memorial University Professor Ross Klein assessed Federal Bureau of Investigation reports filed between Oct. 2007-2008, as well as cruise line-involved court cases that took place between 1998 and 2005, as a means of determining the rate of sex assaults aboard cruise vessels.

Upon conducting his research, Klein not only concluded that the sexual assault rate on cruise ships was 50 percent higher than the rate of forcible sex crimes in Canada, 15 percent of the cruise ship sexual assault victims were said to be younger than 18.

Furthermore, Klein’s research indicated that in the past, the majority of onboard sexual attacks consisted of crew members assaulting passengers. Updated data appeared to suggest approximately 50 percent of the cases included passengers assaulting passengers or cruise ship employees assaulting their own co-workers.

According to the Washington State Department of Commerce Office of Crime Victims Advocacy (OCVA), “Sexual assault is a form of violence that uses unwanted sexual actions, contact, pictures and words in ways that are harmful and traumatic to another person.” Sexual assault is defined by the Canadian criminal code in a similar matter.

Professor Klein contended, “The cruise industry is a microcosm of society in a lot of ways… I think most people would find ways to ignore it… I know they have video cameras, but not all of them work. Rarely are they watched in real time. It’s not really surveillance so much as just keeping information.”
The Miami rape victim lawyers of Gerson & Schwartz added that the cruise line industry is in dire need of reform that will ensure the safety of both passengers and ship workers. Cruise ship companies must provide travelers and crew members with adequate protection from rape and sexual violence, as well as other crimes that could potentially occur on the high seas.

July 21, 2011

Miami Sexual Assault News: Orange County Masseur Accused of Sexually Assaulting 3 Women at Spa

by Gerson & Schwartz, P.A.

MIAMI, FL— July 21, 2011 – A California man employed as a masseur at a Seal Beach spa faces three felony charges after three women accused him of sexually assaulting them during massage treatments. According to information provided by the Los Angeles Times, the Orange County DA Office urged any additional sexual assault victims to come forth and report their cases to authorities.

Officials from the Orange County district attorney’s office recently charged Jason Michael Elliott, a 28-year-old Sunset Beach masseur, with “three felony counts of assault with the intent to commit a sexual offense.”
Although the first victim reported her case to the Seal Beach Police Department in Nov. 2009, Elliot apparently worked as a masseur at the Seal Beach-based Massage Envy spa between August 2009 and April 2010. Prosecutors stated that the Orange County masseur was fired after his employers were informed of the sexual assault accusations pending against him.

Prosecutors also told reporters from the Huntington Beach Independent that an investigation into the first alleged sexual attack appeared to connect Elliot to two additional workplace assaults.

Reports suggested that although the accused masseur managed to post $100,000 bail, he could face up to eight years and eight months in prison if convicted of the offenses. The sexual assault case is underway.

National Institute of Justice & Centers for Disease Control & Prevention statistics suggested 17.7 million American women (1 out of every 6 females in the U.S.) have been victims of attempted or completed rape.

According statistics posted on the website for the Florida Council Against Sexual Violence (FCASV), a total of 11,214 sexual assaults were reported statewide during the year 2007. Forcible sex offences resulted in 3,064 Florida arrests that year.

July 21, 2011

Miami Drowning Death News: Toddler Death Marks 8th Drowning in Volusia County Swimming Pool This Year

by Gerson & Schwartz, P.A.

MIAMI, FL—On July 18, 2011, a Deltona toddler became the eighth child under the age of 4 to drown in a Volusia County swimming pool since the beginning of this year. According to information provided by the Daytona Beach News Journal, the recent drowning death has spurred county authorities and other organizations to take additional steps to advocate pool safety.

Reports indicated a young girl managed to sneak past her parents, as well as an older sibling, and fall into her family’s pool sometime before 7:39 p.m. The 21-month-old child’s parents noticed their daughter Rocio Vazquez Naranjo was not present and eventually found her unconscious in the pool.

Upon pulling her out of the pool, which was located in the backyard of the family’s house on 2064 Apricot Drive, family members rushed the unresponsive tot to a nearby home, where an unidentified resident performed CPR on her pending the arrival of emergency medical services (EMS) crews.

Although officials from the Volusia County Sheriff’s Office and personnel from the Deltona Fire Department responded to the Deltona residence and had the child rushed to Orange City-based Florida Hospital Fish Memorial via EVAC Ambulance, her condition proved fatal around 8:30 p.m.

According to the Volusia County Health Department’s public information officer, Stefany Strong, “We all agree enough is enough… We don’t want to lose any more lives.” The Health Department and Florida Hospital Memorial Center are working with the Daytona Beach Fire Department, the Volusia Flagler Family YMCA and Safe Kids USA in an attempt to put an end to child drowning deaths.
Billboards and bus bench messages to be installed this month will encourage parents to keep a close eye on their children to prevent potentially fatal accidents. Florida Hospital Memorial Medical Center’s marketing director Danielle Zili maintained, “We noticed a pattern and decided to be more proactive… It’s purely for the benefit of the kids.”
According to data provided by the Department of Health, drowning is the leading cause of death for kids between the ages of 1 and 4. Furthermore, Florida’s drowning death rate for children in that age group is the highest in the nation.

The Miami injury law firm of Gerson & Schwartz, P.A. urged Florida parents to consider the following pool safety tips to prevent future drowning injuries and deaths:

• TEACH KIDS TO SWIM
• Make sure children comprehend fundamental pool safety rules before they enter the water
• MAKE SURE CHILDREN ARE ALWAYS UNDER THE SUPERVISION OF AN ADULT
• Check the pool area before any other location if a child wanders off
• Install child proof pool fences around home swimming pools
• Make sure to have a phone nearby, in case of emergency
• Cover and lock saunas when they are not in use

July 14, 2011

Miami Boating Accident News: Coast Guard Blamed For 2009 San Diego Boat Collision That Killed Child

by Gerson & Schwartz, P.A.

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.

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