Injuries to Minors

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers

December 28, 2010 | by David J. Halberg, Esq.

A birthday celebration recently turned deadly when a Hialeah carbon monoxide poisoning incident claimed the lives of five teenagers. The deceased include Miami residents Juchen C. Marctial, 19, Evans Charles, also, 19, Jean Pierre Ferdinand, 16, and Jonas Antenor and Peterson Nazon, both 17.

The teens had reportedly gotten together on Sunday night to for Marctial’s birthday. The following afternoon, a maid found their bodies inside a room at the Hotel Presidente. All of them were in their street clothes.

Fire tests show that there was a high concentration of carbon monoxide in the room, which is above a private garage where the victims had left a car running. The door going from the garage to the room was left slightly ajar. According to friends of the teens, the vehicle had a troublesome starter.

Investigators are trying to determine whether the garage or motel room had operating carbon monoxide detectors. Since 2007, Florida has required that motel and hotel boiler rooms have gas detectors and that all apartments and residences constructed after July 1, 2008 that include an attached garage, a fireplace, or a heater have an alarm within 10 feet of bedrooms.

Carbon Monoxide Facts
This deadly gas, called the silent killer, is odorless, colorless, and invisible. Symptoms can include confusion, chest pain, dizziness, headaches, vomiting, weakness, and nausea.

The U.S. Centers for Disease Control and Prevention says that over 400 people die in the US each year from CO poisoning. This type of injury lands over 20,000 people in the ER annually and over 4,000 are hospitalized.

Premise owners and the manufacturers of products that malfunction can be held liable for Miami personal injury or wrongful death if a hazard on the property and/or a product that malfunctions causes CO poisoning.

Carbon monoxide poisoning suspected in 5 teens’ deaths, Miami Herald, December 27, 2010
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010
5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide Poisoning, Centers for Disease Control and Prevention
Protect Your Family and Yourself from Carbon Monoxide Poisoning, Environmental Protection Agency Continue reading

7-Year-Old Pedestrian Injured in North Lauderdale Car Accident is in a Coma

December 23, 2010 | by David J. Halberg, Esq.

7-year-old Francesa Moise is in a coma after being injured in a North Lauderdale car crash on Wednesday evening. Moise and her mother, sister, and brother, were walking along Tam O’Shanter Boulevard when a car drove onto the grass next to the sidewalk and hit the little girl as the family was attempting to cross the street.

Rescuers were able to restore Moise’s heartbeat before she was flown to Broward General Medical Center. The little girl also sustained severe wounds to her face.

The vehicle that struck Moise, which authorities later described as an Acura Integra, fled the North Lauderdale pedestrian accident site and was later found abandoned near a local warehouse. Police are trying to figure out who was driving the car at the time of the Broward County traffic crash.

In other South Florida car accident news, a teenage bicyclist was transported to the hospital after he was injured in a Weston car accident. The boy was riding his bicycle at Bonaventure Boulevard and West Ridge Drive late Wednesday afternoon when the crash happened.

Also yesterday, a Fort Lauderdale bus crash sent three passengers to the hospital with minor injuries after their county transit vehicle was in a collision with a car. It is not known at this time who caused the Broward County motor vehicle crash.

Meantime, 45-year-old Coral Gables model Valentina Hubsch has been charged in the hit-and-run Miami car accident that killed college student Jared Paul last month. The 21-year-old University of Miami student was crossing the street when a 2004 Hyundai struck him on November 13. He died from his injuries 10 days later.

Teen bicyclist injured in crash with car in Weston, Sun-Sentinel, December 22, 2010
Model charged in wreck that killed Miami student, Miami Herald, December 22, 2010
3 injured after car slams into transit bus, WSVN, December 22, 2010

Related Web Resources:
Florida Department of Transportation

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration
Continue reading

Broward County Tractor-Trailer Accident Injures Four People and Kills Three Teenagers

December 20, 2010 | by David J. Halberg, Esq.

A Broward County truck crash involving a semi-truck rear ending two vehicles on US 27 has claimed the lives of three people while injuring four others. The catastrophic South Florida tractor-trailer accident occurred on US 27 on December 10.

Killed in the Broward County semi-truck collision were 19-year-old Anthony Perez of Miami, and 19-year-old Ileana E. Mira and 15-year-old Dairon Ledesma, who are both from Hialeah. The Florida Highway Patrol has been looking into whether illegal racing was a factor.

According to witnesses, the Honda Civic and Integra that the trucker Placid Ferdinand rear-ended were stopped and occupying two lanes of the road. FHP says that Ferdinand attempted to stop his Freightliner truck but failed.

The driver of the Civic, Miami Springs 18-year-old Angel Lazo says that he was not racing and that he was experiencing car trouble at the time. Lazo, and 18-year-old Virginia Gardens resident Raymond Garcia, who was driving the Integra, were among those who were injured. Other injury victims include Civic passenger and Miami Springs 19-year-old Matthew A. Foreman. Ferdinand’s wife, Sandy Kay Ferdinand, also sustained injuries.

Truck Accident
Our Miami tractor-trailer crash lawyers want to remind you of the importance of exploring your legal options as soon as possible. Going up against a trucking company to recover Broward County personal injury or wrongful death recovery can be a tough endeavor-especially when attempting this alone. Many trucking companies have the resources and manpower to fight liability claims against them. You need someone who can protect your rights and fight for your right to compensation.

There also may be other parties, such as the driver of another truck, the manufacturer of a faulty vehicle part, or the entity responsible for maintaining a road that had defects who should be held liable.

Third teen dies after truck hit two cars on US 27, Sun-Sentinel, December 10, 2010
Third South Fla. teen dies after Broward crash, Miami Herald, December 10, 2010

Drop-Side Cribs Banned by CPSC

December 17, 2010 | by David J. Halberg, Esq.

In a unanimous vote, the Consumer Product Safety Commission is banning drop side cribs in the United States. The decision removes all drop-side cribs from the market, which means they can no longer be made, sold, or resold. Crib manufacturers have until June 2011 to make sure that all cribs have fixed sides. Childcare centers, hotels, and other facilities that provide cribs for young children have to replace their drop-side cribs.

Over the years, a number of parents have filed civil complaints after a drop-side caused serious injury to or killed their child. A Miami products liability lawyer can help you determine whether you should file a claim against a crib manufacturer.

The ban comes after the deaths of 32 babies and toddlers (and possibly even 14 others) since 2010. In just the last five years, more than 9 million drop-side cribs have been recalled over concerns that the way they are designed and manufactured make the baby furniture natural candidates for placing a child at risk of entrapment, strangulation, fall accidents and even deaths.

Palm Beach County Wrongful Death Lawsuit Blames Sheriff’s Office for Teen Informant’s Murder

December 10, 2010 | by David J. Halberg, Esq.

The family of Maciel Videla is suing the Palm Beach County Sheriff’s Office for his Florida wrongful death. The 17-year-old boy was brutally murdered by drug dealers who thought that the teenager had ratted them out to the authorities after he introduced them to an undercover deputy. The authorities had quickly released Videla after arresting him on unrelated burglary charges.

In their Palm beach wrongful death complaint, the family says that the Sheriff’s Office should have protected Videla, who was killed in December 2008. They claim that Joaquin Fonseca, the undercover cop, knew that the drug dealers were planning on dealing with the teen but did not tell his superiors until it was too late. Fonseca has said in a deposition about the murder that he “didn’t have the opportunity” to notify his bosses.

Meantime, the lawyer representing Sheriff Ric Bradshaw in the Palm Beach wrongful death case is saying that the agency was not obligated to protect Videla and that Fonseca had no way of knowing that the drug dealers were planning on slitting the teen’s throat. It wasn’t until last year, several month’s after his murder, that Florida passed Rachel’s Law.

West Palm Beach Injury Lawsuit Filed in 13-Year-Old’s School Beating

December 3, 2010 | by David J. Halberg, Esq.

The parents of 13-year-old Joshua Poole have filed a West Palm Beach Florida injuries to a minor lawsuit against the Palm Beach County school district. Poole, a Jeaga Middle School student, says he was beaten during math class last month. A classmate recorded the fight on a cell phone.

In the cell phone footage, Poole’s classmate is shown approaching him at his desk. Thompson then proceeds to punch him for several seconds. The boys fall to the floor. The footage doesn’t show a teacher coming to intervene.

Poole says the attack lasted about 15 minutes and that he was beaten for about 7 minutes. His father, Clarence Poole, says that his son has been the target of bullying for some time now and that they had gone to the school three times to complain.

Miami Car Crash Kills Pregnant Pedestrian and Her Unborn Baby

November 29, 2010 | by David J. Halberg, Esq.

Cecelia L. Chinn, a 26-year-old pregnant woman, and her unborn child died from injuries they sustained during a Miami pedestrian accident on Saturday. According to the Florida Highway Patrol, Chinn and a man were crossing the street in the city’s Kendall neighborhood when she was struck by a 2008 Chevrolet Cobalt.

Chinn and her baby weren’t the only ones to die in a South Florida traffic crash over the Thanksgiving weekend. On Thursday night, 36-year-old single mom Tarita Jonas, a Tamarac resident, suffered fatal injuries during a car crash on Interstate 95.

Jonas and her son Keajee Jonas, 16, had finished attending Thanksgiving dinner in Fort Lauderdale when the 2000 Toyota Avalon they were riding collided with a 2010 BMW 750i. She lost control of her vehicle, which then hit a concrete barrier wall. Jonas’s son and the four people in the BMW did not sustain injuries.

As our Palm Beach car accident lawyers mentioned in our last blog post, the Thanksgiving weekend is considered one of the deadliest holiday periods of the year for vehicle occupants. As early as Wednesday night, the Florida Highway Patrol reported at least one deadly car crash that claimed the life of a 48-year-old driver, whose vehicle overturned after it was struck by another auto that was attempting to avoid another accident. The rollover ejected the driver and her two passengers from the auto.

Also on Thanksgiving Day, 89-year-old Peggy Osowski was killed in a Florida car collision when the car she was in was hit by another auto. Osowksi’s 26-year-old grandson Michael Osowski, who was driving the car she was a passenger in, did not sustain injuries. The driver of the other vehicle, 25-year-old Jason Meyers, sustained a non-life threatening injury.

Fla. pregnant woman dead after being hit by car, Miami Herald, November 29, 2010
Sheriff’s official loses mom in Thanksgiving Day wreck, News-Journal Online, November 27, 2010
Family mourns Tamarac hairstylist killed in I-95 holiday crash, Sun-Sentinel, November 26, 2010
FHP reports two Thanksgiving fatal accidents, WDBO, November 25, 2010

Related Web Resources:
Florida Highway Patrol

Florida DMV

Florida “Personal Injury Protection”
Continue reading

Coral Springs, Florida Injury Lawsuit Accuses Music Teacher of Molesting Student

November 5, 2010 | by David J. Halberg, Esq.

A family of a young boy who was allegedly molested by art and music teacher Miguel Cala is suing St. Andrew’ Catholic School and The Archdiocese of Miami for Coral Springs personal injuries to a minor. They claim that Cala, 37, molested the boy at his home while giving him music lessons. The alleged Florida sex abuse incidents took place between 2009 and August 2010.

In their Broward County injury complaint, the family accuses Cala of using his role at the school and at the parish (he no longer teaches at the school) to scope out possible victims. The boy’s mother learned that he had been molested by Cala after she contacted the authorities because the teacher had stopped showing up for the lessons. She was told that Cala was under investigation for possible sexual abuse.

Cala was arrested last September on charges related to the sexual abuse of another boy, who had also been one of his private music students. Police believe there may be more victims.

Miami Car Crash Severs Teenager’s Leg

October 21, 2010 | by David J. Halberg, Esq.

According to the Miami Herald, 17-year-old Palida Pongpluempitichai is at Memorial West Hospital recovering after a serious car accident caused her to lose part of her right leg. Doctors were unable to successfully reattach the leg after the Miami car crash and had to cut to above her knee.

The Florida injury collision happened on Wednesday as Pongpluempiticha, whose nickname is Monica, was giving a tour of Archbishop McCarthy High School to a group of eighth-graders from several Broward and Miami-Dade schools. The teenager was taking them to a bus when she was struck by a Toyota Corolla in the school parking lot. The driver of the car, Pembroke Pines resident Marie Baguidy, 71, was there to pick up her two grandkids when she lost control of her vehicle while backing up.

The auto accelerated and jumped onto the sidewalk. 15-year-old Aaron Herrera sustained a minor hand injury. Pongpluempitichai was flown to a Hollywood hospital. Several students saw the harrowing Miami pedestrian accident.

Catastrophic Injuries
As our Miami car accident lawyers have said in other blog posts, traffic crashes can result in catastrophic injuries that can be life-altering, costly, and even prove fatal. Examples of catastrophic injuries:

• Paralysis
• Paraplegia
• Quadriplegia
• Brain damage
• Coma
• Organ damage
• Crushed bones
• Head injuries
• Disfigurement
• Serious burns
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries
• Severed limbs

Someone with a catastrophic injury may have to undergo numerous surgeries and other medical procedures, take prescription medications, undergo physical therapy and other rehabilitation services, and/or require round-the-clock care. This can take a financial toll on the victim and his/her family and friends.

Parents of Archbishop McCarthy teen who lost leg in car crash describe their daughter’s ordeal, Sun-Sentinel, October 29, 2010
Service held for teenage girl in horrific crash, October 21, 2010
Prayer Service Held for Teen Whose Leg Was Severed in Crash, NBC Miami, October 21, 2010

Driver in Palm Beach County Car Accident that Caused the Death of 10-Year-Old Loxahatchee Girl May Have Been Drunk

October 12, 2010 | by David J. Halberg, Esq.

A Palm Beach County car accident early Sunday involving a suspected drunk has claimed the life of Khonil Louis, a 10-year-old Loxahatchee girl. Police say that Louis died from a severe neck injury.

According to deputies from the Palm Beach County Sheriff’s Office, Louis was riding in the backseat of a 2004 Honda when the vehicle she was in collided with a Ford F-250 pickup truck that was stopped. Deputies believe that the truck’s driver, West Palm Beach resident Mark William Bradley, may have been driving under the influence of alcohol. It is not clear whether Louis was wearing a seat belt at the time of the South Florida auto collision.

According to the National Highway Traffic Safety Administration, last year, alcohol was a factor in 770 of the 2,558 Florida traffic fatalities that occurred. Most drunk driving accidents that have happened could have been prevented if only motorists involved hadn’t been driving while inebriated.

In another recent South Florida traffic crash involving an alleged drunk driver, police say that alcohol was a factor in the Ft. Lauderdale motorcycle accident that claimed the life of Miami Heat Dancer Nancy Lopez. The 22-year-old died instantly when the motorbike she was riding was rear-ended by a Mercedes.

CBS4.com reports that the Mercedes’ driver, Mario Careaga, admitted to the police on the night of the Broward County, Florida traffic accident that he had consumed two vodka drinks. One cop noted that Careaga’s breath smelled of alcohol, his speech was slurred and his eyes were bloodshot. An investigation is ongoing.

Drunk driving can blur a motorist’s vision, impair perception, slow reflexes, fog the mind, cloud judgment, impact balance, and generally make it harder for the driver to detect danger, avoid becoming involved in a crash, or in some cases even realize that an accident is about to or has happened.

Girl killed in Palm Beach County crash, Orlando Sentinel, October 10, 2010
Miami Heat Dancer Killed in Motorcycle Crash, Miami NewTimes Blogs
Highlights of 2009 Motor Vehicle Crashes, Traffic Safety Facts (PDF)

Related Web Resources:
Mothers Against Drunk Driving

Florida Traffic Laws, DMV Florida Continue reading