| by

72-year-old Patrick Macklin died today when he was fatally struck in a Boynton Beach pedestrian accident. The Palm Beach County Sheriff’s Office says that Macklin was walking on Woolbright Road early in the afternoon when he was hit by a BMW. According to one witness, Palm Beach County Fire Rescue workers told her Macklin might have survived the traffic crash if someone had conducted CPR on him before rescuers arrived.


Elderly Pedestrians

In Florida, which is a haven for many seniors and retirees, there are often elderly residents out walking. It is important for drivers to realize that some older pedestrians may not be as alert or as quick to respond as their younger adult counterparts, which is why motorists should exercise caution when they seem them on the road and sidewalks.

Continue reading

| by

Six years after the Florida water scooter accident that killed 14-year-old Yasell Perez and left then-15-year-old Samantha Archer with serious injuries, their families are in court seeking damages from Yamaha for Palm Beach County wrongful death, products liability, and personal injury. The jury trial opened last week and the plaintiffs are seeking millions.

The tragic Palm Beach County injury accident occurred on Easter Sunday on March 2005 after the teens got on a WaveRunner on the Intracoastal Waterway. Five minutes after taking off, the WaveRunner struck a boat, killing Perez and causing Archer, now 21, to sustain serious injuries, including a traumatic brain damage, a broken pelvis, and gashes to her legs, stomach and groin. She was hospitalized for two months and had to return several times to undergo surgery. Doctors have testified that Archer has lost the mental and emotional abilities that would allow her to sustain a marriage, hold a job, have a kid, or live independently.

A lawyer for Yamaha has said that the teenagers shouldn’t have told the WaveRunner’s owner that they knew how to operated the personal watercraft. He also notes that Archer at the time of the accident was under 16, which is the legal age for operating a water scooter in Florida. Meantime, the plaintiffs are claiming that a steering problem with the WaveRunner prevented the girls from being able to avoid striking the boat. Their lawyer contends that the PWC accident that killed the girls could have been avoided if only Yamaha had listened to concerns it had been receiving for years about problems with the WaveRunner’s steering system. Archer is seeking almost $7 million, while Perez’s family is also seeking millions.

Continue reading

| by

The family of John Van Hoy Jr. has filed a Miami-Dade wrongful death complaint against Sandals Royal Bahamian Resort. Van Hoy died after getting caught in a Jacuzzi suction drain at the Bahamian resort on December 28, 2010. Other plaintiffs include Sandal Resort International, Unique, Hayward Industries, and other companies involved with the manufacture of the hot tub and its parts.

Several resort guests, including Van Hoy’s fiancé Nicole Cleaveland, reportedly tried to help free him, but by the time they were able to pull the 33-year-old away from the drain it may have been too late. The whirlpool reportedly lacked an emergency shut-off button.

In their Miami-Dade drowning accident complaint, the plaintiffs accuse hotel staff of ignoring Van Hoy and either being unwilling or lacking the training to perform CPR during the 45 minutes it took for the ambulance to arrive. The workers at the resort then allegedly tried to prevent Cleaveland from communicating with family, friends, or others and subjected her to an “interrogation” while suggesting that she or Van Hoy were “somehow at fault for the death.”

Continue reading

| by

The father of teen siblings Beau and Calyx Schenecker is suing to their mom Julie for their Florida wrongful deaths. Julie Schenecker, 50, is charged with the first-degree murders of Calyx, 16, and Beau, 13. She has pleaded not guilty even though she already confessed to shooting the two teenagers as part of a “massacre” plan last January.

Julie’s husband, Army Col. Parker Schenecker, was overseas on duty when the murders occurred. Now, he is seeking civil damages from her. Col. Schenecker says that his Florida wrongful death complaint is an effort to give his daughter and son a voice and hold their mother accountable for her actions.

Col. Schenecker says that when he first saw his wife in jail he told her that he planned on suing her for divorce and that she turned down his offered divorce settlement, filing her own response demanding half his assets, permanent alimony, legal expenses, her diamond engagement ring, and a life insurance policy. If Col. Schenecker wins a wrongful death judgment against his wife, this could allow him to recover assets he’ll have to hand over to her as part of the divorce settlement.

Continue reading

| by

A judge in Florida has approved the $421,400 Fort Myers personal injury verdict awarded to a 68-year-old woman who got hurt at a Wal-Mart store when she was thrown to the ground by a loaded, motorized stock cart. Janice Morris fractured several pubic bones during the accident and had to take three months off work.

Court documents state that Morris got hurt at the Wal-Mart on Ben C. Pratt/Six Mile Cypress Parkway on Oct. 10, 2009 in the packaged meat section. In her Lee County personal injury complaint, Morris accuses Wal-Mart of failing to properly supervise and train the employee that was operating the cart and neglecting to warn shoppers that there was a potentially hazardous condition inside the store. Morris also contends that the cart did not have an audible beeper and that its operator, Richard Hesson, should have realized that patrons might not hear the cart approaching.

The Fort Myers, Florida premises liability verdict awards 250,000 for future pain and suffering, $150,000 for past pain and suffering, and $21,400 for past medical expenses.

Continue reading

| by

A 55-year-old man has died in a Florida boating accident in the Gulf of Mexico. Richard Green, a New Port Richey man, was returning from a fishing expedition with friends when the engine of their boat quit.

The boaters tried to anchor the 22-foot fishing vessel but a large wave overturned it. Green and three others were thrown in the water. None of them were wearing life vests.

Although boating is an activity that takes place all year round in Florida, more boaters tend to populate the waters in the spring and summer. Unfortunately, vessel malfunction, negligent operation, boater inexperience, poor weather conditions, and rough waters have been known to turn an enjoyable expedition into a catastrophic one. Other common causes of Florida boating accidents include the vessel capsizing, speeding, boating collisions, falls overboard, and alcohol consumption.

According to the Florida Fish and Wildlife Conservation Commission, 85% of the 65 boating accident victims who died in the state in 2009 were adults. 73% of those who died were able swimmers. Florida law mandates that anyone riding a boat on state waters needs to have a United States Coast Guard-approved flotation device within easy access. On any vessel shorter than 26 feet, kids age 6 and under have to wear a life vest.

If you believe that a boating accident occurred because someone else was negligent or reckless, you should speak with an experienced Ft. Lauderdale boating accident law firm as soon as possible. Other boating-related accidents that can cause serious Miami personal injury:

• Jet ski accidents
• Parasailing accidents
• Kite surfing accidents
• Water skiing accidents
• Waverunner accidents
• Wind surfing accidents
• Tubing accidents
• Cruise ship accidents
• Diving accidents
• Drunk boating
• A vessel crashing into the dock

FWC investigating fatal boat accident, ABC Action News, April 16, 2011
Former Middleboro man dies in Florida boating accident, Enterprise News, April 19, 2011
Recent Drowning Highlights Risks for Boaters, The Ledger, April 22, 2011

Related Web Resources:
Florida Fish and Wildlife Conservation Commission

Florida Boating Regulations

US Coast Guard

More Blog Posts:
14-Year-Old Injured in Palm Beach County Boating Accident Has Part of Her Leg Amputated, South Florida Injury Lawyer Blog, February 8, 2011
Man Charged in Boating Accident that Injured Florida Diver, South Florida Injury Lawyer Blog, January 9, 2010
Fort Myers Man Dies in Boating Accident, Cause of Death Unknown, South Florida Injury Lawyer Blog, December 29, 2009 Continue reading

| by

Last year, our South Florida Injury Lawyer Blog reported on the death of a 35-year-old Miami woman who died after undergoing liposuction and butt enhancement surgery at Strax Rejuvenation and Aesthetics Institute. Now, the husband of Lidvian Zelaya says he plans to sue the cosmetic surgery chain for Broward County medical malpractice.

Zelaya died after the surgeon injected about two liters of fat, which he’d taken from her stomach, back, and sides, into her buttocks. According to the Miami injury lawyer of Osvaldo Vargas, that amount is too much fat to insert into a patient’s body when the procedure isn’t being done at a hospital. The attorney also contends that the surgeon, Dr. Roger Gordon, inserted the fat into Zelaya’s muscle, which is a riskier way to do the procedure than injecting it beneath the skin.

The legal representative for Strax has said that fat embolisms are a known liposuction risk and that the dangers were revealed to Zelaya prior to the procedure. Zelaya reportedly then signed a waiver. However, her family believes that the medical decisions that were made during the procedure placed her at greater risk for complications than necessary.

Continue reading

| by

A jury has awarded the family of Brian R. Heikkila $2.8 million for his Florida motorcycle death. Heikkila, a Palm Coast resident, died on May 30, 2007 in a Daytona Beach traffic crash.

Per the family’s Florida wrongful death complaint, driver Michael T. Hemphill, who was in a Ford Mustang, failed to yield the right of way and struck Heikkila’s motorcycle. The plaintiffs accused Hemphill of negligence and sought damages for mental anguish, pain and suffering.

The Florida jury awarded the family $798,000 in economic damages and funeral costs. They also awarded $1 million to Heikkila’s 5-year-old daughter Ryleigh and $500,000 to each of his parents. The verdict for Heikkila’s daughter is double of what the plaintiffs requested.

South Florida Motorcycle Accidents
Motorcyclists are at greater risk of dying in a traffic crash than are motor vehicle occupants. As a matter of fact, the federal government said in 2007 that there are 37 times more motorcycle rider deaths than there are car accident fatalities. Miami motorcycle accident injuries can include traumatic brain injury, spinal cord injury, burn injuries, broken bones, internal injuries, severed limbs, and other serious injuries.

In sunny Florida, where so many riders take to the roads on their motorcyclists year round, it is important that both they and motor vehicle drivers exercise caution around each other so as to avoid becoming involved in a Palm Beach motorcycle crash.

Jury awards $2.8 million to biker’s family, The Daytona Beach News Journal, March 30, 2011

Related Web Resources:
Motorcycles, Institutional Institute for Highway Safety
Motorcycle Safety Foundation, US Department of Transportation

More Blog Posts:
$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011
Motorcyclist Dies in Hiahleah Gardens Car Accident, South Florida Injury Lawyer Blog, January 14, 2011
$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010 Continue reading

| by

According to police, the Winter Haven man was “grabbing his head….. being disorderly,” which is why off-duty cops working at the amusement center approached him. They claim that he resisted violently.

A tussle ensued and one of the cops used a stun gun on Winter. It was then that he became unresponsive.

A rescue crew was called and Johnson was transported to the hospital where he was pronounced dead. The Medical Examiner has yet to announce his cause of death.

For now, the officers who were involved in Johnson’s arrest have been placed on administrative leave, which is standard procedure in this type of situation.

Taser Use
Our Palm Beach injury lawyers are always disturbed when we here of another injury or death resulting from Taser use. These handheld devices can emit jolts of up to 50,000 volts. Less lethal than guns, getting stunned by a Taser can be extremely painful and in some cases may result in serious injury and even death. People that are under the influence of drugs, have a heart condition, or are severely agitated are among those more prone to Taser injuries.

According to Amnesty International, over 300 people have died in the US in the last 10 years after they were Tasered. Also, other injuries can result. Just last year, the mother of one man filed a Taser lawsuit after her son fell after he was stunned, striking his head and sustaining a permanent traumatic brain injury that left him mentally and physically disabled.

It is important that police officers only use Tasers when necessary. Police officers can be held liable for Florida personal injury if they exercised excessive use of force or committed police brutality and someone got hurt or died as a result.

Tased man dies after scuffle with OPD at Universal Studios theater, Sun-Sentinel, April 22, 2011
Man dies after stun gun used in Florida, UPI, April 22, 2011
Mother sues police over stun-gun fall, Dispatch.com, December 1, 2010

Related Web Resources:
Universal CityWalk

Taser Abuse, Amnesty International Continue reading

| by

Lawmakers are considering a proposal that would cap noneconomic damages in Florida nursing home negligence-related wrongful death cases at $250,000. The bills, SB 1936 and HB 661, are making their way through the Florida Senate and House respectively. If passed, not only would the new law make it harder to sue negligent nursing homes but it would also make it harder for plaintiffs to obtain punitive damages. The House Civil Justice Subcommittee passed the measure earlier this month and the Florida Health Care Association, which represents nursing home owners, is pushing for the bill to pass.

Our Miami nursing home neglect and abuse lawyers believe that negligent nursing homes should pay victims and their families the maximum in damages possible over the harm that they have suffered. The Florida Justice Association, which represents trial attorneys, and AARP are against the bill. Meantime, according to Jacksonville.com, the nursing home industry believes that its money should go toward providing nursing care rather than defending itself against civil complaints. Many are worried that eliminating the threat of having to pay significant Florida wrongful death damages would allow negligent nursing homes to get away with not being held accountable.

The measure also only allows a plaintiff to sue the party that is licensed to operate the Florida nursing home. This means that if the owner or/and investor of the negligent assisted living facility is based out of state, they cannot be sued.

Our Palm beach nursing home abuse and neglect attorneys are appalled at the treatment and poor nursing care and medical our clients have received while living at a South Florida assisted living facility.

Legislators push to limit lawsuits against Florida nursing-home industry, Orlando Sentinel, April 8, 2011
Bill would protect Florida nursing homes in lawsuits, Jacksonville.com, April 4, 2011

Related Web Resources:
AARP

Florida Justice Association

Florida Health Care Association

House Civil Justice Subcommittee

More Blog Posts:
Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer Blog, September 14, 2010
Florida Pediatrician Says Neglect Led to 12-Year-Old Miami-Dade Nursing Home Resident’s Burn Injuries, South Florida Injury Lawyer Blog, October 28, 2011 Continue reading

Contact Information

1615 Forum Pl #3-B
West Palm Beach, FL 33401
Toll Free: 877-425-2374Phone: 561-616-3000Fax: 561-688-0775

Available for Consultation
Throughout Florida

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Halberg & Fogg PLLC
JUSTIA Law Firm Blog Design