Articles Posted in Wrongful Death

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Earlier this year, the Orange County Health Department in Florida cited 100 neighborhood hotels and apartments for having deficient pool drains. A list of the properties cited can be found below this article in the Related Web Resources section of the page.

Pool Drains
Pool drains can pose a hazard to swimmers, especially to children, if the drains are not properly covered and do not have the proper shut-off valves. According to the Consumer Product Safety Commission, there have been numerous accidents in which people have become trapped by the drain at the bottom of a pool or a spa tub. Many of these victims have been children.

A pool drain can create suction that a person can easily get caught in if it is too strong. This can prevent him or her from being able to resurface from the water and may lead to drowning accidents and other serious injuries. Drowning deaths can result when a person’s hair gets stuck in a hot tub drain. Earlier this year, a 6-year-old girl died from injuries she sustained when a swimming pool drain sucked out her intestines.

In December, the Virginia Graeme Baker Pool & Spa Safety Act will go into effect. This new law will make it mandatory for all public pools to install the proper drain safety covers and shut-off valves that will prevent people from getting trapped underwater by the suction of a powerful pool or hot tub drain.

The legislation is named after former Secretary of State James Baker’s 7-year-old granddaughter who drowned after getting trapped by the drain of a friend’s hot tub. The suction of the drain was so powerful that efforts to pull her out of the water before she died proved impossible.

Despite the dangers that deficient pool drains pose, an ABC News undercover team reported in July that they discovered that many public pools and hotels across the US have failed to take action to remedy this unsafe condition.

Injuries or death caused by a defective pool drain can be grounds for a products liability or wrongful death lawsuit.

Dangerous Pool Drains Could Trap And Kill Children, WFTV.com, July 28, 2008
ABC News Investigation Finds Dangerous Drains Across the Country, ABC News, July 23, 2008

Related Web Resources:
Disemboweled In Pool, Minn. Girl Dies, Local10.com, March 21, 2008
List of Florida Properties (PDF)
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According to results from the inspection conducted by the Florida Department of Transportation following the deadly Burhap, Walton County truck accident that left one man dead and a young girl seriously injured, the tractor-trailer driven by former Walton County Commissioner Herman Walker was overloaded with cattle feed by about 1,000 pounds( over the 80,000 limit). DOT inspectors also found that two breaks on the truck were out of adjustment and that the truck had not undergone its latest inspections.

The deadly crash, which happened on July 11, killed Eric S. Burhap, injured his wife Shannon and two children, and left family friend Katie Johnson, 9, with catastrophic injuries. The tractor-trailer collision occurred on State Road 2A north of DeFuniak Springs when Walker lost control of his truck on a curve and struck Burhap’s SUV. While blood alcohol test results show no proof Walker had alcohol in his system at the time of the crash, toxicology results are still pending.

In August, Shannon and Johnson filed a lawsuit against Walker for wrongful death and personal injury caused by the deadly Florida truck crash. The lawsuit also notes that Walker and his wife filed and finalized their divorce soon after the collision and that over $7 million in assets were transferred to his wife as part of their settlement. The lawsuit contends that Walker filed for divorce to avoid paying the money as compensation to the injury victims. Johnson and Shannon are seeking unspecified damages.

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In Clearwater, John Niesen and his mother Mary Riley are suing the Florida city and five ex-police offers for his brother’s death. Riley says that city cops bludgeoned his brother Michael, then age 18, to death over 30 years ago.

Niesen and Riley are accusing the city of Clearwater of conspiracy, including failure to conduct a complete investigation, and destroying evidence. Their Florida wrongful death lawsuit seeks damages that include loss of companionship, loss of support and services, and past and future mental pain and suffering.

According to Niesen, Michael died in July 1977 after he was attacked by police officers that were upset when a fellow cop died after being thrown from the truck that the teenager was driving.

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In Fort Pierce, Florida, one man died and three others sustained injuries on Sunday in a two-vehicle auto collision on Avenue K and North 16 Court. The accident happened about 3 am when the 1988 Mercury Grand driven by 22-year-old Jarrell Housing collided with a 2008 Toyota Tacoma. Local authorities say the driver of the Toyota ignored a stop sign.

Raythez Flowers, who was a passenger in The Mercury, died in the car accident. Housing and another passenger, Sarmeca Johnson, were taken to local hospitals in serious condition. 23-year-old Jermaine Kearse, a passenger in the Toyota, sustained minor injuries.

Failure stop at a red light or traffic stop sign is considered a negligent action if a pedestrian, a bicyclist or another motorist is injured at a result. Many times, other motorists and pedestrians that think they have the right of way are caught unaware when they are struck by a vehicle that was supposed to have stopped before crossing an intersection. Injuries to these accident victims can be catastrophic and costly.

According the Federal Highway Administration, intersection collisions are among the most common kinds of traffic accidents in the United States accounting for 6,700 deaths and 2 million accidents each year . Injuries can range from minors cut, scrapes, and bruises to broken bones, traumatic brain injuries, spinal cord injuries, and wrongful death.

Our South Florida car crash lawyers can help you determine whether you have grounds to file a personal injury claim or lawsuit. We can also determine whether there is more than one negligent party that can be held liable for your injuries.

According to the National Highway Traffic Safety Administration, there were 3,214 motor vehicle deaths in Florida in 2007, a slight decrease in number compared to the 3,357 Florida traffic accident fatalities that occurred in 2006. Any motor vehicle accident that causes injury or death is one crash too many.

Crash in Fort Pierce kills one, sends four to area hospitals, TCPalm.com, August 17, 2008
One killed, three injured in crash, PalmBeachPost.com, August 16, 2008

Related Web Resources:

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

Federal Highway Administration
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The wife of Timothy Powers, the 49-year-old Vero Beach motorcyclist who was killed in a crash with a tractor-trailer on US 1 on January 24 is suing the trucker and the driver’s truck company for wrongful death.

The Florida Highway Patrol says Powers could not see the truck due to the heavy morning fog. He tried safely laying down his motorcycle but was thrown off as the truck struck him as it tried to make a U-turn. Powers died at the truck accident scene.

In her lawsuit, Jennifer Powers is accusing truck driver Felix Villa of negligence. She also alleges that Torres Trucking & Tree Hauling Corp was vicariously liable for her husband’s death.

According to the Federal Motor Carrier Safety Administration, there were 5,212 truck accident fatalities in 2005-a large truck being defined as a truck with a gross vehicle weight rating over 10,000 lbs.

18-wheeler trucks, tractor-trailers, big rig trucks, large delivery trucks, and other large trucks can be a serious injury hazard to motorcyclists, the drivers and passengers of other cars, pedestrians, and bicyclists if a truck driver is negligent on the road and causes a traffic accident. Trucking companies are prepared to deal with these injury cases, and many of them will act fast to minimize liability on their part.

Our South Florida truck accident law firm is knowledgeable about dealing with large truck companies, their representatives, and their insurance companies, and we will protect your right to financial recovery.

We know how to investigate the truck crash scene and the vehicles involved to prove liability, and we will zealously pursue your compensation for you.

Vero Beach widow files lawsuit against truck driver, TC Palm.com, July 1, 2008

Large Truck Fatal Crash Statistics, 1975-2005, FMCSA.dot.gov

Related Web Resource:

Truck Safety Coalition
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A woman in Florida is suing the lawn care company that employed her deceased husband for his wrongful death. Tomasa Castro says that Tom Mahoney Ultimate Lawn Service acted negligently when the owner, Tom Mahoney, told her husband, Jose Carillo, to mow the lawn next to a deep lake in a residential area. Carillo did not know how to swim, and the lawsuit alleges that Mahoney was aware of this fact.

According to the wrongful death lawsuit, Mahoney neglected to train Carillo on how to safely use a riding lawn mower next to a body of water. Mahoney also allegedly failed to give Carillo the proper safety equipment, such as a life jacket, in the event of an accident.

The Collier County Sheriff’s Office says that Mahoney discovered Carillo’s hat in the water and dove into the lake, where he discovered Carillo’s body about 10 feet from shore. Carillo was pronounced dead at the accident scene.

While workers’ compensation usually prevents an employee or his or her family from suing an employer for injuries (or death) that occurred while on the job, Mahoney did not provide Carillo, who had worked for the lawn company for several years, with workers’ compensation.

Also named in the Florida wrongful death lawsuit is Scott Jensen, the owner of the property where the drowning accident occurred. The lawsuit accuses Jensen of failing to post a warning that the water depth was deceptive, the bottom of the lake was unstable, and there were currents in the water.

Carillo left behind four young children. Castro is suing for funeral costs, pain and suffering, mental trauma, lost wages, loss of future earnings, and loss of support, companionship, guidance, and protection for the children.

Drowning Accidents
Property owners that have a pool, a lake, a hot tub, or another body of water on their premises are supposed to make sure that the proper safety measures are in place to prevent accidental drowning deaths.

Common causes of drowning accidents that can be grounds for a premises liability or wrongful death lawsuit include, inadequate supervision, defective pool or faulty hot tub parts (such as a defective drain), failure to secure the body of water from children when they are unsupervised, and failure to post appropriate warning signs.

Please contact our South Florida law firm to discuss your wrongful death case.

Widow Sues Florida Lawn-Care Company Over Drowning, Lawn & Landscape, June 16, 2008
Landscape employee drowns in East Naples lake, Naples.com, June 2, 2006

Related Web Resources:

Florida Wrongful Death Statute

Division of Workers’ Compensation
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In Florida, Pompano Beach resident Marie Anderson is suing the city of Ft. Lauderdale for wrongful death. She claims that police officers would not help her husband, who had been shot, and he bled to death.

In October 2006, Chad Randall was at a barbecue in Ft. Lauderdale when a stray bullet struck him. He was placed in an SUV and was on his way to the hospital when someone saw police and tried to flag them down.

Anderson says that police refused to help Randall, and instead, patted down the occupants of the SUV and ran a check for warrants. Four of the men who had tried to save Randall say it took 1-2 hours before help finally came. A spokesperson for the police department, however, says that any allegations that police would not contact EMS immediately are not true.

Randall leaves behind his wife, and their 6 and 7 year old children. Randall and Anderson were childhood sweethearts.

Wrongful Death Survivors
In Florida, surviving family members of a person killed because of another’s negligence may be able to file for wrongful death compensation. Husbands, wives, sons, daughter, and others that were dependent on the deceased for services or support are considered “survivors.”

Damages recovered for wrongful death may include:

• Lost wages (income and benefits the decedent would have earned)
• Loss of support and services
• Loss of companionship
• Pain and suffering
• Loss of parental companionship
• The decedent’s medical and funeral costs

Surviving family members have two years from the time of death to file a wrongful death lawsuit.

Our Florida wrongful death firm has helped many Florida families obtain their recovery. We have law offices in Miami, Port. St. Lucie, and West Palm Beach.

Woman claims police let husband bleed to death in SUV, South Florida Sun-Sentinel, June 13, 2008

Related Web Resource:
Wrongful Death, Justia Continue reading

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In St. Lucie County, the female passenger who was ejected from a motorcycle during a motor vehicle crash on Friday has died from her injuries. Elizabeth Williams, a 40-year-old Vero Beach resident, and driver Nicholson Pierre were riding a motorcycle on US 1 when a jeep, driven by Charles Curtis, pulled in front of them.

The motorcycle hit the Jeep’s front bumper, and Williams and Curtis were both thrown from the motorcycle. Pierre was also treated for injuries. He has been charged with failing to yield.

According to the Insurance Information Institute’s Web Site:

• There were 4,810 motorcycle fatalities in 2006.
• Approximately 104,000 motorcyclists were involved in motor vehicle collisions during the same year.
• Motorcyclists are 35 times more likely to die in a motor vehicle crash than the passengers of other motor vehicles.

Motorcycle injuries are usually catastrophic injuries and can include traumatic brain injuries, severed limbs, spinal cord injuries, neck injuries, helmet injuries, paralysis, coma, severed limbs, and wrongful death.

Common causes of motorcycle accidents include:

• Driver inexperience
• Speeding
• Drunk driving
• Failure to yield
• Driver inattention

In South Florida, our motorcycle accident lawyers can help you file a claim for personal injury compensation from a negligent motorist or the manufacturer of a defective motorcycle. We will work with accident reconstructionists and medical experts to get you the maximum recovery. If we are unable to negotiate a settlement, we will file a Florida motorcycle crash lawsuit and go to court.

Vero Beach woman dies from accident injuries, TCPalm.com, June 11, 2008
Motorcycle Crashes, III.org

Related Web Resource:

Motorcycle Accident Statistics Continue reading

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A judge in California has ruled that convicted murderer Scott Peterson will stand trial for the wrongful death lawsuit filed by Dennis Rocha and Sharon Rocha, the parents of his dead wife, Laci Peterson Dennis and Sharon had hoped that Peterson’s conviction was enough to conclude the civil lawsuit, but the Stanislaus County Superior Court Judge Roger Beauchesne ruled otherwise.

Laci Peterson was pregnant when she disappeared from her home on December 24, 2002. In 2005, Scott was convicted to death for the murders of Laci and their unborn son Connor, whose bodies were found in the waters of the East Bay in April 2003.

Laci’s parents are asking for unspecified damages. It is unlikely that Scott would be able to pay a judgment, but Dennis and Sharon want to make sure that their son-in-law never makes a penny if he decides to sell his story. Two made-for-TV programs and several books have already been published about the Peterson murders.

Florida Wrongful Death
In Florida, the immediate family members and heirs of a person killed in an accident or crime that was caused by another person’s negligence, carelessness or reckless actions, can file a wrongful death lawsuit against the negligent party.

Our South Florida wrongful death law firm can investigate the circumstances surrounding your loved one’s death and determine whether you have grounds for recovery. Florida wrongful death law allows family members to claim compensation for loss of companionship, love, moral support, financial support, services, and other damages.

In Florida, you have two years from the date of death to file a wrongful death lawsuit. This is not a lot of time to conduct a thorough investigation of your case, interview key witnesses, gather evidence, and build a case against the negligent party or parties, so it is important that you speak with an experienced Florida wrongful death attorney right away.

Scott Peterson likely faces second trial in wrongful death case, Miami Herald, June 6, 2008

Related Web Resources:

Florida Wrongful Death Statute

Laci Peterson TImeline, CourtTV.com Continue reading

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In Broward County, Florida, Marie Arsenault-Langlois, a 38-year-old pregnant woman from Pembroke Pines, lost her 17-week-old unborn baby when the car she was riding in was struck by another motor vehicle. The driver of the other vehicle, Miami Gardens resident Renee Greene, failed to stop at a stop sign.

Arsenault-Langlois was taken to Memorial Regional Hospital where she was treated for serious injuries. Her baby was declared dead. The Broward Medical Examiner’s office pronounced cause of death to be intra-uterine demise resulting from blunt force trauma from an auto accident.

Although Florida’s mandatory Personal Injury Protection (PIP) provides all drivers with $10,000 coverage for medical costs for auto accident injuries, this amount often does not cover all medical expenses and recovery costs for serious personal injuries. It certainly cannot compensate for the death of a loved one.

With offices in Miami, Port St. Lucie, and West Palm Beach, our Florida car accident lawyers will work with medical experts to assess the immediate and long-term effects of your injuries. If your loved one was killed in a car crash, we know how to prove negligence. Our motor vehicle crash lawyers have an excellent track of getting the necessary results-whether through negotiation or a jury verdict.

Causes of driver negligence that can lead to serious car accident injuries:

• Failure to stop at a red light or stop sign • Speeding • DUI/DWI • Driver fatigue • Failure to pay attention to the road, motorists, and pedestrians • Driver negligence • A defective or poorly maintained motor vehicle

Contact one of our Florida personal injury law offices to schedule your free consultation.

Pembroke Pines woman loses unborn child in crash, Sun-Sentinel, June 5, 2008

Related Web Resources:

Florida Motor Vehicle Insurance, Florida Department of Highway Safety and Motor Vehicles

What To Do After a Car Accident
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