South Florida Injury Lawyer Blog

Man Files Miami-Dade Child Sex Abuse Lawsuit Naming Catholic Nun as His Abuser

April 15, 2011 | by David J. Halberg, Esq.

A South Florida man is suing the Archdiocese of Miami, Archbishop Thomas Wenski, the Dominican Sisters of Adrian, Michigan, and St. James Catholic School for Miami-Dade County personal injury because he says he was sexually abused by a nun. John Doe No. 73, who is from Broward County, claims he was molested Sister Joan Marie, who taught him when he was a first grader at St. James Catholic School in North Miami.

In his Miami sexual abuse complaint, the plaintiff contends that she would call him to the front of lines and rub his body, including his genitals. He says that she sexually abused him twice a week from 1978 to 1979. John Doe, 38, says he decided to file a lawsuit now because his son is going into the fifth grade.

John Doe’s attorney says that the Miami Archdiocese and the Dominican Sisters should have known or knew that the nun was a sexual predator. The plaintiff says that he suffered mental, physical, and emotional injuries that were “severe and permanent” and he experienced humiliation and shame. As a result of his Miami personal injuries, he contends that he has not been able to live a “normal life.”

14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall

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

14-year-old Katie Ewing was injured lat week when she fell nearly three stories down a freight-elevator shaft at the Millennium Mall on Hollywood Boulevard. The Broward County elevator fall accident happened last Monday while Ewing and several friends were playing tag at the mall, which has been closed for a number of years.

Following the Hollywood, Florida injury accident, Ewing was admitted to Joe DiMaggio Children’s Hospital as a trauma alert patient. In the SunSentinel, Hollywood Fire Rescue Division Chief Mark Steele is quoted as saying that Ewing fell 30 feet during the accident, but that she is out of the ICU and appears to be recovering nicely.

According to police, the teenagers scaled a wall to enter the mall through an open door. The mall owner has complied with city codes so that trespassers stay out.

Elevator Falls
The Consumer Product Safety Commission reports that around 10,000 people are involved in elevator accidents each year. Common causes of elevator accidents:

• Falls through exposed elevator shafts
• Elevator malfunction
• Improper leveling, which prevents an elevator from lining up with the floor
• Electrocution from faulty wiring
• Getting stuck between the side wall and the elevator
• Asphyxiation from being trapped in an elevator for too long

Premise owners or service companies responsible for maintaining an elevator are among the parties that could be held liable for injuries from a South Florida elevator accident.

Teen survives fall down elevator shaft at shuttered mall in Hollywood, SunSentinel, April 5, 2011
Teen girl injured at shuttered mall, Miami Herald, April 5, 2011

Related Web Resources:
Elevator Accidents, Florida Department of Business and Professional Regulation
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Inadequate Security Alleged in Broward County Injury Lawsuit of Teen Left with Brain Damage After Beating at Deerfield School, South Florida Injury Lawyer Blog, January 27, 2011
$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer Blog, January 24, 2011
Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers, South Florida Injury Lawyer Blog, December 28, 2010 Continue reading

Florida Wrongful Death Lawsuit Filed in Dad’s Fatal Shooting on Basketball Court

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

The family of David “DJ” James is suing Trevor Dooley for Florida wrongful death. Dooley is accused of shooting James in front of his 8-year-old daughter Danielle on a neighborhood basketball court. The lawsuit was filed after mediation efforts to resolve the case failed.

According to the Florida wrongful death complaint, Dooley shot James on September 26, 2010 after the two men got into an argument over a skateboarder who was on the court. Police say that Dooley, 69, did not agree with James giving the 14-year-old skater permission to be there, and he came out of his house with firearm in hand. Investigators say that James went toward Dooley to keep the gun away from the kids and that was when it went off. James’ family is seeking unspecified damages.

Unfortunately, altercations can occur between people resulting in serious injuries or death. Even if no one intended for the disagreement to escalate, if someone got hurt as a result, then the person that inflicted the harm-whether accidentally or not-could end up behind bars for committing the crime. Also, depending on the circumstances surrounding the incident, he/she could be sued for Florida wrongful death.

Family Sues Delray Beach for Palm Beach County Wrongful Death of Surfer Who Drowned

April 8, 2011 | by David J. Halberg, Esq.

Richard Weinstein is suing his employer, the city of Delray Beach, for the Palm Beach County wrongful death of his son Jason Weinstein. The 26-year-old drowned on September 5, 2008 while surfing at Atlantic Dunes Park.

Now, Richard and his family are contending that Jason, who was the victim of a rip current, might not have died that day were it not for the city’s negligence, including the:

• Failure of its lifeguards to warn of rip currents.

Family of Deceased UCF Football Player Can Seek Punitive Damages in their Florida Wrongful Death Lawsuit Against the University

March 31, 2011 | by David J. Halberg, Esq.

Three years after University of Central Florida football player Ereck Plancher died after an off-season practice session that set off his sickle cell trait, a judge has given his family permission to seek punitive damages against the university. Plancher’s family is suing UCF for Florida wrongful death.

The Planchers claim that UCF was negligent because school trainers and coaches allegedly ignored Plancher’s symptoms of exhaustion, dizziness, and breathing problems even though they knew that the 19-year-old had sickle cell trait and his physical condition was supposed to be monitored. Yet, according to some of Plancher’s teammates, the football staff failed to come to the wide receiver’s aid soon enough. The Orlando Sentinel even reported that in the months before Plancher’s death, he collapsed twice after workouts.

The university maintains that the footballs staff did everything to save Plancher and that punitive damages are not appropriate in this case. Judge Robert Evans, however, believes that there is reasonable basis under the law to let the plaintiffs seek punitive damages.

Palm Beach County Semi-Truck Crash Kills 2, Injures 1

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

According to the Florida Highway Patrol, two Wellington teenagers were killed yesterday night and a third one injured after the car they were riding crashed into the back of a semi-truck on South Boulevard East of the Glades. An investigation into the Palm Beach County tractor-trailer accident is currently under way.

Per police, 18-year-old Mazelle M. Demeraski was driving a Camry east on Southern Boulevard when the car struck the rear corner of a semi’s trailer as the larger vehicle was crossing the intersection at C.R. 880. The impact of the crash caused the smaller car to roll over.

Demaraski and 18-year-old Jahmila Mariaca, both Wellington, Florida residents, were pronounced dead at the crash site. A third teen that was with them, 18-year-old Royal Palm Beach resident Eriberto Gomez Jr., was taken to the hospital for treatment of his injuries.

Miami Personal Injury: Four Women Claim They Were Sexually Assaulted by Employees at Doral Golf Resort & Spa

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

Another two women reportedly plan to sue Doral Golf Resort & Spa for Miami personal injury. They claim that they too were sexually assaulted by employees will receiving spa treatments at the luxury facility. Already, two women have filed their Florida sexual assault lawsuits.

One spa worker, David Muñoz, has already been charged with one count of sexual battery for allegedly assaulting a woman during a massage. Another masseur, John J. Pacheco, is also accused of sexual assault. The victim that named him told CBS4 that the experience was a “a devastating nightmare.”

Sexual assault is a crime and can also be grounds for a Miami personal injury case against the assailant and other related parties. For instance, another woman has filed a Broward County personal injury case against Henderson Mental Health Center because she claims that her counselor threatened to take her son away from her if she didn’t have sex with him.

Florida Products Liability: Senate Passes Tort Reform Legislation That Could Limit Payouts from Manufacturers of Defective Autos

March 24, 2011 | by David J. Halberg, Esq.

Last week, the Florida Senate approved a bill that could make it harder for victims to obtain Florida products liability compensation from manufacturers. Sen. Garret Richter’s, R-Naples, “crash worthiness” bill mandates that juries consider everyone who may have been at fault in contributing to an accident, not just a product maker. The bill is geared towards limiting car manufacturers’ liability for auto defects that cause injuries or death in a Florida car crash. A companion bill is now making its way through committees in the Florida House.

Under current state law, juries for Florida products liability cannot consider evidence regarding the fault of the person that actually caused the accidents. They can only consider evidence related to the manufacturer’s fault in a product’s defect.

If this bill becomes law, it would reverse the Florida Supreme Court’s ruling in D’Amario v. Ford Motor Co. in 2001. That auto products liability case involved teenager Clifford Harris, who sustained serious burn injuries and lost three limbs when the 1988 Ford Escort that his drunk friend was speeding in struck a tree and then caught fire.

Harris’s mom filed a Florida auto products liability complaint against Ford. She said a relay switch failure contributed to the vehicle catching fire. While a jury ruled in Ford’s favor, the state’s highest court reversed the decision. This precluded juries from looking at evidence involving the party that caused the accident. In this case, it would have been Harris’s friend.

Critics are worried that this latest bill would make it easy for manufacturers to not be held accountable.

Florida Products Liability
Manufacturers should be held accountable for products that cause serious injuries or death. Poor design, product defects, manufacturing flaws, parts malfunctioning, marketing defects, breach of warranty, and faulty instructions are some grounds for victims and their families to sue.

Proving Palm Beach products liability can be challenging, which is why you should get legal help. The statute of limitations for a Florida products liability case is four years. However, if a product defect resulted in a death, then the statue of limitations is two years.

Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011
Florida Senate limits product liability lawsuits against auto makers, other businesses, NaplesNews, March 16, 2011

Related Web Resources:
Defective Product Liability Claims: Who to Sue?, Nolo
Products Liability, Cornell.Law.Educ

More Blog Posts:
Will US Supreme Court’s Revival of Seat Belt Defect Lawsuit Against Mazda and Window Defect Case Against Ford Pave the Way for More Florida Auto Products Liability Cases?, South Florida Injury Lawyer Blog, February 28, 2011
Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover, South Florida Injury Lawyer Blog, October 20, 2008 Continue reading

Family Preparing Broward County Wrongful Death Lawsuit in Fatal Shooting at Deerfield Country Club

March 21, 2011 | by David J. Halberg, Esq.

Two months after Lataurus Randall was fatally shot during an attempted robbery on the golf course of the Deerfield Country Club, The New York Times reports that his family is preparing a Broward County, Florida wrongful death case. Randall, 35, was playing golf with his cousin Melvin Philpart on January 14 when two masked men approached them and demanded their money. That was when Randall was shot.

The country club, which is a 50-year-old course, is bordered on one side by a neighborhood that police say has experienced a series of burglaries where drug deals often occurs. The robbers were able to disappear into that area through a hole in the fence at the 17th fairway where the shooting happened.

While some have speculated that Randall, a landscaping company owner, was specifically targeted during the attempted robbery, others believe that he just happened to be at the wrong place at a bad time. Also, Philpart, who was not injured during the incident, claims that Deerfield Beach Fire-Rescue paramedics and the Broward County Sheriff’s Office took 20 minutes to arrive at the scene after he called 911. By that time, Philpart had already loaded Randall onto the golf cart and taken him to the parking lot.

$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death

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

Ruling in favor of the plaintiffs, a jury has awarded $3 million to Ann Prushansky’s children for her Palm Beach County wrongful death in a Boynton Beach car crash in 2008. Because the jury members determined the 70-year-old mom to be 25% at fault for the deadly collision, the award has been reduced to $2.25 million.

The driver of the vehicle that rear-ended Prushansky’s vehicle, then-17-year-old Patrice Fradley, was initially charged with DUI manslaughter and other offenses. However, because a judge decided that blood tests were administered illegally, the criminal charges against her were dropped. While the jury was not told about the blood test results, they were made aware that Fradley had said that she took Xanax and alcohol on the day of the Palm Beach County traffic crash.

Although Fradley’s attorney claimed that Prushansky would not have died if she’d been wearing a seat belt, the family’s Florida injury lawyer countered that the older woman was buckled up. He also disputed the defense’s claim that because Prushansky had been involved in another just before Fradley’s car struck her, the younger driver did not have enough time to stop to avoid causing the deadly crash.