South Florida Injury Lawyer Blog

Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle

December 5, 2011 | by David J. Halberg, Esq.

A 26-year-old Coconut Creek woman was killed on Thursday in a Broward County, Florida car accident. Amanda Smith was ejected from the Jeep she was a passenger in after the vehicle collided with a Lighthouse Point police cruiser.

Smith was not using a seat belt at the time of the Pompano Beach car crash. After being thrown from the auto, she was partially pinned under the Jeep, which had tipped over. Smith died at the collision site. She leaves behind her father and two sons, ages 5 and 6 months.

Boca Raton resident Gary Judd Costa, who was driving the Jeep, has been arrested. He is charged with DUI, possession of a controlled substance, and failure to exercise due care. He and Lighthouse Point Police Officer Mark Riemer sustained minor injuries.

According to police, Costa lost control of his Jeep on the Federal Highway. He then hit the concrete median before colliding with the police cruiser.

If someone you love was killed in a Broward County traffic crash, you may have reason to pursue damages from other liable parties. Because Florida is a comparative negligence state, even if the victim played a role in causing his injuries, compensation from any other liable parties for whatever percentage of the collision is deemed to be their fault is still possible. For example, if a Pompano Beach car accident victim is found be 30% at fault for his/her injuries, then the other responsible party can still be held accountable for 70% of whatever damages are awarded. Florida’s comparative negligence standard has been in effect since 1973.

Not all states follow this type of law. For example, some states follow the contributory negligence standard. Under this law, if an injured party is found even a little liable for his//her injuries, then he/she cannot recover any compensation.

Dad mourns daughter killed in police car crash, Sun-Sentinel, December 4, 2011

More Blog Posts:
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011
$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death, South Florida Injury Lawyer Blog, March 18, 2011
Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010 Continue reading

Thanksgiving Day Killer’s Parents File Countersuit Against Those Seeking Palm Beach County Wrongful Death Damages from Them

November 30, 2011 | by David J. Halberg, Esq.

The parents of Paul Merhige have filed a countersuit blaming the people that are suing them for Jupiter, Florida wrongful death damages. Merhige is the man who fatally shot family members at a gathering on Thanksgiving Day 2009.

While the hosts of the event, Muriel and Jim Sitton and Antoine Joseph, believe Carole and Michael Merhige should be held accountable for allowing Paul, who they knew was troubled, owned a gun, and wasn’t taking his medications, to attend the festivities, the Merhiges are blaming the Sittons and Muriel’s dad Dr. Antoine Joseph for letting Paul into the house.

Killed in the deadly rampage were the Sittons’ daughter Makayla, 6, Joseph’s wife and Muriel’s mom Raymonde, 76, and the Merhige’s twin daughters and Paul’s sisters, 33. Also suing the Merhiges for Palm Beach County wrongful death is Patrick Night, who was married to Lisa, one of Paul’s sisters that died. She happened to be pregnant at the time. Night was also seriously injured in the shooting.

Florida Wrongful Death Lawsuit Likely in Alleged Hazing of FAMU Student

November 29, 2011 | by David J. Halberg, Esq.

The family of Robert Champion is getting ready to file a Florida wrongful death lawsuit against Florida A & M University. The 26-year-old student and marching band member died earlier this month from what is believed to be a hazing incident.

Following Champion’s death, the marching band director, Julian White, was fired. No arrests have been made over the incident so far-hazing is a third-degree felony in Florida-but four students have since been expelled.

Champion was unresponsive when he was found on a bus that was parked outside a hotel. Someone called 911 to report that Champion had finished throwing up and was not breathing.

Miami Wrongful Death Lawsuit Seeks Damages from American Airlines for Contaminated Chicken on Flight

November 28, 2011 | by David J. Halberg, Esq.

The family of Othon Cortes has filed a Miami wrongful death lawsuit against American Airlines. They believe that the 73-year-old died last May because he ate contaminated chicken while on a flight going from Barcelona, Spain to New York.

Cortes’ daughter Sandra and widow Rachel say that the food contained Clostridium perfingens, which is a deadly bacteria. After they arrived in the US, Cortes reportedly began exhibiting signs of serious illness, including severe thirst and stomach cramps. His symptoms reportedly grew worse after they boarded their next flight to Miami. While the plane was in the air Cortes reportedly had a “cardiac event.” The plane made an emergency landing and he was then pronounced dead.

Also named as a defendant is Sky Chefs. However, the catering company said it played no part in preparing the meals on this particular flight. It is trying to get the case against it dismissed.

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries

November 26, 2011 | by David J. Halberg, Esq.

Keith Gorski, a West Palm Beach police officer, is expected to survive the serious injuries he sustained in a Palm Beach County motorcycle crash on Wednesday. Gorski suffered multiple injuries, including several broken bones, when a car struck his bike.

According to police, Gorski was trying to stop a speeding car when he was hit by another vehicle. Rescuers had to perform CPR d on him before he was rushed to St. Mary’s Medical Center.

If you were injured in a West Palm Beach motor vehicle crash while doing your job, you likely cannot obtain Palm Beach County personal injury damages from your employer. However, if there were other parties or persons whose negligence caused your South Florida traffic crash, you may be entitled to damages from them.

Mother Files Coral Springs Injuries to Minor Lawsuit Against Broward County School District Alleging that Bullying Caused Her Daughter’s Attempted Suicide

November 22, 2011 | by David J. Halberg, Esq.

The mother of a 12-year-old girl who was allegedly bullied by other students at Ramblewood Middle School has filed a Coral Springs personal injury lawsuit on her daughter’s behalf against the Broward County School District. Randi Vanderheyden claims that school officials not only failed to give the adolescent a safe school environment but also, faculty did not take action to stop young Breann from being bullied.

Breann contends that she was verbally abused, targeted with racial slurs, and physically assaulted for months. Her mom complained to the Broward County school superintended but, rather than help the girl, Vanderheyden says the principal blamed her daughter. Breann says that she attempted to kill herself because she couldn’t stand being bullied. Her mother found her in time and took her to a hospital.

The Broward County personal injury complaint claims that Breann suffered as a result of the hate crimes, discrimination, harassment, and bullying. She is now in therapy and continuing her studies through the Internet.

A Case of Miami Gardens Personal Injury?: “Doctor” Injects Woman’s Butt with “Fix-a-Flat’’

November 19, 2011 | by David J. Halberg, Esq.

A Miami Garden’s woman almost died after someone claiming to be a doctor injected her buttock with a mixture of mineral oil, cement, and Super Glue last year. The concoction was supposed to give the patient a butt lift but instead almost killed her.

The victim went to three hospitals before doctors finally diagnosed the problem. She continues to suffer from health issues and she is receiving home health treatments.

The woman, whose name is being kept confidential due to medical privacy laws, paid someone to do the procedure. She says that she was screaming in pain the whole time and not all of the injections could be administered because of this. Her “doctor,” a person named Oneal Ron Morris, then allegedly closed up her wounds with Super Glue before sending her home.

$1.8M Miami-Dade Wrongful Death Settlement Reached in Coral Gables High School Student’s Fatal Stabbing

November 18, 2011 | by David J. Halberg, Esq.

The family of Juan Carlos Rivera has settled their Coral Gables wrongful death lawsuit with the Miami-Dade School Board. A fellow student fatally stabbed Rivera in 2009.

Rivera and another student, Andy Rodriguez, reportedly bumped elbows and that was when the two Coral Gables Senior High students got into a fistfight. Rodriguez then stabbed Rivera numerous times, including one jab to the heart. According to prosecutors, the brawl was over a girl.

Rivera’s family had accused the high school of negligence, including poor supervision, inadequate security, and failing to properly determine which students were troubled. Meantime, Rodriguez has been found guilty of second-degree murder with a weapon. He will be sentenced later this month.

$10.3M Palm Beach Medical Malpractice Award Will Stand, Says the Florida Supreme Court

November 11, 2011 | by David J. Halberg, Esq.

Even though state law puts a medical malpractice non-economic damages, the Florida Supreme Court has determined that the $10.3M Palm Beach medical malpractice verdict in Harvey Raphael’s Florida wrongful death case can stand. However, the court didn’t rule directly on the Raphael verdict. Instead, it referred to a decision it made earlier this year striking down a decision by the state’s legislature to make the medical malpractice caps law retroactive.

Raphael sustained irrevocable hurt damage in 2003 when ER Dr. James Schecter at Palms West Hospital failed to give him Retavase, which was the anti-clotting drug that he needed. This occurred three months before Florida’s medical malpractice caps went into effect.

While attorneys for the Schecter claimed that the Palm Beach County medical malpractice lawsuit was filed two years after the caps became official, the Raphael family’s Florida wrongful death lawyer contended that what mattered wasn’t the date of when complaint was filed but when Raphael actually got hurt, which was before the caps went into effect. The Fourth District Court of Appeal upheld the verdict in 2009. However, because Schecter’s insurance policy limit is $1 million, the plaintiffs’ Palm Beach medical malpractice attorney will have to pursue a bad faith claim against the doctor’s insurance company to push for the full verdict amount.

Child Sex Abuse Scandal Rocks Penn State and Leads to Ousting of Legendary State football coach Joe Paterno

November 9, 2011 | by David J. Halberg, Esq.

Our Miami personal injury lawyers represent children and adults in South Florida seeking to recover damages for injuries they sustained as a result of sexual abuse. We know how devastating injuries from sexual assault and molestation can be for the victims, and we are sensitive to our clients’ situations while doing our best to obtain financial recovery.

Occasionally, on our South Florida Injury Lawyer Blog site, we report on related stories occurring outside the state. One headline that has been making national papers is the allegations against ex-Penn State football defensive coordinator Jerry Sandusky. The 67-year-old has been indicted on 40 criminal counts for allegedly sexually abusing a number of boys over a 15-year period.

After retiring from the college in 2009, Sandusky continued to use the school’s facilities to work with at-risk kids, some of whom he allegedly molested and sexually assaulted. The child sex abuse incidents occurred over a 15-year-period.