Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

We hope that you have a Happy and safe Fourth of July this year. 

In an effort to promote Consumer Safety we would like to share a few important facts and safety tips for handling Fireworks from the CPSC:

•  Read and follow all warnings and instructions
   
•  Never allow children to play with or ignite fireworks
   
•  Keep other people are out of range before lighting fireworks.
   
•  Only light fireworks on a smooth, flat surface away from the house, dry leaves, and  flammable materials.
   
•  Never try to relight fireworks that have not fully functioned.
   
•  Keep a bucket of water in case of a malfunction or fire.

The National Fire Protection Association cites the following statistics:

In 2008, across the country 7,000 people were treated for fireworks-related injuries. 40 percent of the injuries involved kids.
Over half of the injuries were burns to the arms, legs and hands.
One out of five of the injuries nvolved hot debris hitting people's eyes.

Palm Beach County, Deputy Fire Marshall, Jeff Collins sums it up perfectly in a recent interview with the Sun Sentinel:

"Your best bet is to let the professionals handle the fireworks". 

Last year, Managing Partner, Brian LaBovick, wrote a wonderful post on How to Avoid Injuries with Fireworks and  the importance of the Fourth of July.  Enjoy reading the post.

Have a Happy and Safe Fourth of July.

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The end of school signals the beginning of summer and the time of the year when many young, inexperienced teenaged drivers will be on the roadways. Whether these minor drivers are heading to their part-time jobs or out for a day of fun in the sun, the number of teen drivers on the roads during the summer months increases significantly. Because of their inexperience and risky behaviors behind the wheel, teen drivers are often the victims of devastating car crashes. Even though teen drivers only represent approximately 7 percent of the driving population, teen drivers account for approximately 14 percent of all traffic-related fatalities. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States.

While teenagers may be inexperienced drivers, this fact does not imply that all teens are unsafe drivers. Teenaged drivers simply need to be more aware of their surroundings and take extra precautions while on the road. Teen drivers should avoid distractions while driving, such as changing the radio, texting while driving, or having too many passengers in the car. Because many accidents involving teens occur at night, teen drivers should safeguard against accidents by paying close attention to all traffic laws, being aware of other drivers, and being free of distractions. Car crashes involving teens not only affect the teens involved in the crash but their families, employers, and society in general. According to studies conducted by the American Automobile Association (AAA), the cost of teen car crashes in 2008 was more than $34 billion for medical bills, property damage, and other related expenses.

In 2003, Florida was ranked number 4 among the 50 states with the worst teen fatal crash rate. In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida. The CDC reports that more than half of all teen car accidents occur on weekends (Friday, Saturday, and Sunday), and approximately half of all teen accidents occur between 3pm and midnight. However, teens do not have to become a statistic over the summer months. By using good judgment and making mature decisions, teens can safely enjoy their summer and their time behind the wheel. Teens should make sure they drive the speed limit, do not drink and drive, do not ride with someone that has been drinking, wear their seatbelt at all times, and limit the number of passengers in their vehicle. By following some simple driving rules and safety regulations, teens may save their lives as well as the lives of others.
 

Parents have a talk with your teen about driving safety. Take a look at the following list of suggested topics to include in the conversation:

Suggested Safety  Rules for Teen Drivers - provided by the NHTSA

Alcohol: Absolutely No Alcohol (No exceptions)
Seat belts: Always Buckle Up! - (In Florida, it is the law June 30th)
Cell phone/texting: No talking or texting while driving  (Set an example and use a headset)
Curfew: Have the Car in the Driveway by 10 p.m. (depending upon circumstances)
Passengers: No more than one at all times (this simple rule has saved many lives)
Graduated Drivers License: Follow your state's GDL law
Parental Responsibility: Set your house rules and consequences

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Two teens leaving Seminole Ridge High School were injured by a vehicle while crossing the very busy Seminole Pratt Whitney Road.  The students used the crosswalk to cross the road, but unfortunately, were not protected from being injured by a car traveling northbound on Seminole Pratt Whitney Road.

According to reports, the police is investigating the accident. Several parents are outraged that more is not being done to protect the safety of student pedestrians crossing Seminole Pratt Road. There are two crosswalks on this road, Seminole Ridge Road Cross walk and Sycamore Road crosswalk. But are they effective in making it safe for student pedestrians crossing Seminole Pratt Whitney Road? 

The Seminole Ridge crosswalk encourages student pedestrians to cross the highway into an area where there is no sidewalk on the other side.It is dangerous that a student pedestrian must walk several hundred yards on the side of a busy road, before reaching a sidewalk.  Some detractors say, "But there is a sidewalk on the other side of the street." However, there is no crosswalk to help pedestrians cross over safely to the other side. Is it safe for a pedestrian to run across busy traffic with no crosswalk?

Governor Charlie Crist signed the Pedestrian Safety Bill (S.B. 154) into law in May 2008, which requires drivers to stop when pedestrian is in the crosswalk. In addition, the Pedestrian Safety Bill (SB 154) amends sections 316.075 & 316.130 of the Florida Statutes and says, “The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” 

Since Seminole Ridge is a High School, it does not qualify for a crossing guard or blinking school zone sign, according to the Palm Beach School District. Should there be an exception, since the speed limit is 45 mph on Seminole Pratt Road and nearly 40 of the 100 accidents on Seminole Pratt Whitney Road have occurred in front of Seminole Ridge High School, since 2007.

What will it take for the safety of students crossing this busy intersection to be put first? Many concerned parents and citizens have asked this question. The blame game and excuses are no longer acceptable and something must be done now.

Concerned citizens and parents are working on ways to make it safer for Seminole Ridge High students crossing Seminole Pratt Whitney Road before and after school.  It should not take the death of a student to make crossing Seminole Pratt Whitney Road safer for student pedestrians.

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A new report shows that highway deaths in 2008 dropped from previous years. According to the National Highway Traffic Safety Administration, NHTSA, 37,313 people died in motor vehicle traffic crashes last year. This happens to be 9.1 percent fewer deaths than in 2007, which had 41,059 traffic deaths. It is important to note that this is the lowest number of traffic deaths since 1961, when there were 36,285 deaths.

The high gasoline price tag of $4 gallon and fewer miles driven is only one side of the equation. Effective measures like enforcement of drunken driving laws and the work of advocacy groups, such as the Dori Slosberg Foundation, that encourage safer driving habits, also contribute to the decrease of traffic related deaths and awareness of highway safety.

In addition, increased seat-belt use and states promoting seat-belt usage through law enforcement helps promote highway safety. Currently there are  27 states with a primary mandatory seat-belt law. Arkansas is the most recent state to approve legislation of primary enforcement of the safety belt use law. In Florida, there is only a primary seat belt use law for children under 18, effective since 2005.

We encourage all drivers to use caution when driving on the highway.  Always use a seat belt and limit the amount of distractions when behind the wheel, such as texting or talking on the phone while driving.

Leave the need for speed to the actors and Hollywood production crews that create Box office blockbusters,  "Fast and Furious".

Click here to read more from the NHTSA on highway traffic statistics.

 

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The December  2008 crash of Continental Flight 1404 at Denver International Airport that carried 110 passengers and injured 38 people is causing more grief for Boeing and Continental Airlines.  They are being sued by separate groups of passengers over safety and negligence issues.

In the Boeing lawsuit, four Plaintiffs accuse the Boeing Co. of negligently designing and and manufacturing airplane parts, such as "directional control mechanisms." They contend that because of the defective parts, it was difficult for pilots to navigate properly taking off in high crosswinds.

In the Continental Airlines lawsuit, the Plaintiffs allege that Continental negligently failed to "exercise the highest degree of care in operating the aircraft" and "maintaining control of the aircraft".  The lawsuit represents eight Plaintiffs and is  "Melissa Craft, et al., v. Continental Airlines, Inc., et al.," in the District Court of Harris County, Texas, 129th Judicial District, Cause No. 2009-01917.

Unfortunately, the December 2008 crash is not the only recent crash for Continental Airlines. The February 12, 2009 fatal crash of Continental Connection Flight 3407, marked the tragic loss of 49 passengers, plus an additional person on the ground. 

According to a report on Reuters, there have been four major fatal airline crashes, including the most recent February crash, since the 2001 September 11th hijackings.  They include the following: 

November 2001 - American Airlines Flight 587, an Airbus A-300,  that crashed in New York, killing 260 passengers and five persons on the ground.

January 8, 2003 - Air Midwest flight 5481, operating as a US Airways Express flight,  that crashed  shortly after leaving Charlotte/Douglas Airport in North Carolina. There were 19 passengers killed in this crash.

August 27, 2006 - A Comair commuter flight crashed shortly after taking off from Lexington, Kentucky Airport, killing 49 passengers on board. One passenger survived this crash.

 

 

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A Fresno woman's severe brain injury was a big deciding factor in the large monetary award her family received by the Jury. $10.5 million was awarded to Maria Blanca Lopez and her family, one of the largest monetary judgments ever assigned in Fresno County case of drunken driving.

June 9, 2007 was the day J. C.  Ramirez, an employee of the Disabled American Veterans (DAV) Charities of Central California, chose to drive drunk. He was driving a dump truck used by the organization when he ran a stop sign at the corner of Church and Valentine. The truck, weighing 20,000 pounds, was traveling at 25 to 30 miles per hour when it struck and broadsides Lopez.

Ramirez plead guilty, in an earlier court appearance, to charges of driving drunk. Ramirez was evidently drunk when he arrived at work on June 9th. He was allowed to operate the truck regardless of alcohol consumption.

The jury assigned DAV Charities the responsibility of $4 million in medical expenses covering past as well as future events. They awarded an additional $6.5 million to the family for pain and suffering equated with the injuries Lopez will live with for the rest of her life. This is such a tregedy all the way around, since the DAV Charities was found responsible and had to pay this huge award.

According to  a list on MSN  of “The Drunkest Cities” in the U.S.  Fresno, CA ranks in the top ten at number 93. Number 100, Denver, Co. ranks as the drunkest city. Other cities listed as failing are Colorado Springs, Austin, Fargo, Anchorage and Omaha. They compiled data from an article written by the editor's of Men's Health.

At the Injury Law Blog, we encourage readers not to drink and drive. If you see friends or others attempting to get behind the wheel while intoxicated, call them a cab. There are several services that provide intoxicated drivers free rides home, in an attempt to cut down on drunk driving accidents. If everyone reaches out to prevent driving while intoxicated, we can make a difference in the drunk driving car accident statistics.

 

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Interesting news today on the Pharma front. The FDA has issued orders that the "old faithful" painkiller Darvocet should be withdrawn off the market. This drug is somewhat of a household medicine cabinet staple, with over 20 million prescriptions in 2007 alone. A review panel narrowly approved this measure to withdraw this drug  with a vote of 14-12. It makes one wonder after 50 years why is this drug getting the attention of the FDA.  The Consumer Watch Dog Group, Public Citizen, may have something to do with this recent interest. Last year, in June 2008, the Public Citizen Group filed a lawsuit against the FDA over Darvon, Darvocet and all drugs containing propoxyphene , since it has been banned in the United Kingdom, since 2005.  The group brought this revelation to the FDA's attention as far back as 2006. What took the Agency so long to act?

We are delighted that someone in the FDA is finally paying attention to reports from non-biased organizations, such as the Florida Medical Examiners. There is data from the reporting system of the Florida Medical Examiners that show reports from 85 people out of 341 dying with the Darvon drug in their system. It is important to note that all 341 deaths were classified as drug related causes.

Fierce Pharma states that there were 1,452 deaths associated with propoxyphene from 1957 through September 2008.

Click here to read more from the FDA and the Wallstreet Journal on the Darvocet painkiller.

 

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All employees have rights to a safe environment while working. This includes construction workers. A Florida construction worker from Brevard County, was awarded a $76 million judgment  this week, in a case involving an on the job fall back in 2003 at a construction site.

The construction worker is now a complete quadriplegic and is paralyzed as a result of the accident. Some may feel that the Jury's verdict is excessive; hence the Defense is appealing the verdict. 

The Jury sent a strong message to the Construction Industry that they must provide a safe environment for their workers, otherwise, they will be held accountable for On the Job injuries.

Click Here to read more on Workers Compensation and Rights of Employees.

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A common topic that we are asked to explain to clients in our Florida law office is the Florida Law on PIP. There are several misconceptions out there on what PIP covers. This blog  post  will go over the ABC's of Florida Personal Injury Protection Insurance. 

PIP is a guaranteed health insurance policy for a person who is injured in an automobile accident. When a person is injured in an automobile accident if they do not have regular health insurance, but they have PIP insurance, they are guaranteed $10,000 of  health insurance less what ever deductible they have chosen. In other words, the person injured is guaranteed $10,000 worth of health benefits. If they have a $1,000 deductible for example, the first $1,000 of medical bills is their responsibility.

PIP pays 80% of your reasonable and necessary medical bills. The PIP law just changed, so there are Medicare fee schedules that PIP pays 80% of those schedules. For example, if there is a charge for $100, Medicare's fee schedule would be $80. Eighty percent of the first bill would get applied to the deductible. When the deductible is met, PIP then pays 80% of those next  bills, up to $10,000.  One of the benefits  of PIP is that it gives the injured person in an accident, $10,000 of  insurance for their medical bills. It is also the law in Florida as the minimum requirement to operate a vehicle. In the State of Florida, you must have PIP and Property damage insurance.

Is it always the $10,000 limit?
Yes. I have seen on occasion, extended PIP, but those would be associated with out of state policies. I have not seen extended PIP on a Florida policy.

What is the deductible for PIP?
You can manipulate your deductible, meaning you have options too choose from, which includes:  no deductible, $500 deductible or $1,000 deductible.

Continue Reading...

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Happy Fourth of July!

On Independence Day we reflect and remember the people who paved the way for Americans to have the right to life, liberty and the pursuit of happiness. Let's not forget about the sacrifices that were made for our gift of freedom.

Remember that freedom is a delicate balance. Throughout history, societies have given up their freedom to dictators. Our right to free speech, to assemble and most importantly to vote, is the guarantor of that freedom. Exercise your rights and remember to vote. Don't limit your vote to the presidential election. Vote in all the primary elections. Your community and your country deserve your participation. I have provided a link to several Florida Voters Registration Sites and Florida Supervisor of Elections websites at the end of this blog post.

As you celebrate today, we encourage you to be safe. According to reports, there were nearly, 10,000 injuries in 2007 related to fireworks. In Florida, reports claim 137 fires were started due to fireworks. Injuries and fires that are caused from using fireworks can be prevented, if people are cautious and pay attention to what they are doing. As a parent of three young children, I was surprised to learn that Sparklers have caused more injuries to children under age five than any other type of fireworks. The Consumer Product Safety Commission states that  Sparklers burn at temperatures hot enough to melt some metals. If you are a parent or happen to see children handling Sparklers, make sure they are over the age of 12 and are doing so with Adult Supervision.

If you are purchasing fireworks, be sure that you are buying consumer fireworks from a licensed store or stand. The Consumer Product Safety Commission has safety warnings on legal fireworks packaging. Look for the CPSC label and read the warnings.

Continue Reading...

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Preemption is a huge issue for the average American and I wonder if the public is paying attention. Last week as reported in the LaBovick Injury Law Blog, Congress had a hearing to discuss the issue of preemption. On all accounts, it appears to have been a success. One of the key speakers, Actor Dennis Quaid, discussed his experience with the drug Heparin, which almost killed his twin newborns. His testimony was so moving that even a total tort reformer, like Rep. Tom Davis, was moved to state that if "this had been my kids, I'd be suing everyone in sight. This should not happen."

The public does not seem to get the fact that this is a HUGE separation of powers issue. The right to sue is part of our JUDICIAL system. It is the way America, as a society, permits the common man to address problems he may have with other people including corporations and even our government. The Judicial system replaced the rule of Hammurabi, which was an eye for an eye. We also have a Legislative Branch, which makes the rules, and an Administrative Branch that applies the rules and keeps order (police, fire, army, road crews, etc). We can not allow the Administrative Branch to take away our right to access to the judicial branch. It messes up the balance of our government and our entire social makeup! Do you know how deeply this harms our system of government? I know it feels innocent and easy on the surface, however the implications of a dictatorship rule is scary!

Click here to read the testimony of key witnesses and Chairman Waxman's Opening Statement addressing the legal liability of manufacturers that produce dangerous drugs and medical devices before the Committee on Government Oversight and Reform.

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Are Carnival rides safe?  This is the question that is being asked by many people in charge of investigating the most recent Carnival ride accident that occurred in California on May 16th. Unfortunately it involves the Yo-Yo carnival ride, that collapsed shortly after 6 p.m. on May 16th about 80 miles southeast of Sacramento, at the Calaveras County Fair and Jumping Frog Jubilee. According to reports on Ride Accidents.com appx.  24 people  were injured and taken to local hospitals.  The carnival portion of the Calaveras County Fair and Jumping Frog Jubilee closed for the evening, but the other parts of the fair grounds remained opened. KCRA News from Sacramento reported live shortly after the accident happed.

According to a quote from the owner of the Carnival Yo-Yo Ride, Mr. Harry Mason of Brass Ring Amusements/Midway of Fun,  in a San Francisco Chronicle article, it was not yet clear what caused the steel arms of the popular Yo-Yo ride to collapse.

How can innocent thrill seekers protect themselves while enjoying amusement park fun? The non profit organization,Safer Parks has put together a top 10 list  of safety tips for parents and patrons of carnivals and themeparks:

Top 10 Safety Tips for parents

1. Be a cautious consumer when choosing amusement rides.
2. Watch the ride with your child before boarding.
3. Always obey minimum height, age, weight, and health restrictions.
4. Don't put children on rides they're afraid of.
5. Follow any special instructions about seating order or loading.
6. Always use the safety equipment provided, but be aware of its limitations.
7. Watch all extremities - including feet if the ride has open sides.
8. Teach small children what to do if they get separated from you.
9. Trust your gut - don't abdicate your parental responsibility or judgment to any business.
10. Remember that amusement rides aren't really magic.

The Consumer Product Safety Commission has a detailed report on Amusement related injuries. Click here to read the CPSC report on Amusement related injury updates for 2005.

Warning: Use caution and care when riding on Carnival and themepark rides. This is the best way to prevent injuries apart from not riding all together.

 

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Consumers beware... Your right to hold a company liable for injuries caused by products may be at risk if the Bush Administration is successful in using federal regulation to address this issue.

Limits on lawsuits have been ordered or proposed for drug labeling and packaging — one major issue that received widespread media attention was a case involving actor Dennis Quaid's newborn twins, other issues being discussed include mattress flammability standards, school bus seating requirements, dietary sweeteners and roof-crush requirements in car rollovers.

There are 51 regulations being considered, of which, Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA were involved with 41 of the regulations.

Federal preemption is Washington's method to make lawsuit reform and unfortunately, the public is not aware of this bureaucratic loophole. Federal preemption is a method for federal law and regulation to trump state law. Why should the public be concerned? The rules of the game are different in federal court than state court. This is a major reason that corporations prefer the more restrictive federal courts to state courts when fighting liability and personal injury lawsuits against consumers.


Click here to read more from an AP story that ran on the Washington Post.com

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A personal injury claim for a 2003 accident that left an ecologist with permanent brain injuries after a head on car accident, just resulted in a $5.3 million in a bad faith verdict against Fireman's Fund Insurance Company.

It is hard to believe that after being presented the facts of the brain injured 32-year old accident victim, the medical bills, video of the client having a seizure, a large insurance carrier with such  resources stalled in paying the Plaintiff's Under insured Motorist policy of $1.5 million for several years or her medical payments policy. Since the person at fault in the accident only had minimal coverage, the Plaintiff made a claim on her  personal Under insured Motorist Policy. (Side Note: Remember to check your personal insurance coverage for policy limits on Under insured and Uninsured Motorist coverage).

Samantha Chilcote's five-day trial, the unanimous bad faith verdict of $5.3 million awarded by the jury, sends a strong message to insurance Carriers and Insurance Adjusters about denying an injured accident victim's Under insured and Uninsured Motorist insurance claims. Although, we understand that there is a chance for the verdict to be modified by the Judge, the verdict still sends a strong message. 

Please take note that all insurance carriers do not are not like this when it comes to paying Under insured and Uninsured Motorist insurance claims. You can verify this with your personal Insurance Agent.

This case makes me wonder about Bad Faith verdicts for Personal Injury Claims in Florida. I will report my findings in future blog posts... A few immediately come to mind.. Stay tuned for a more comprehensive list of Bad Faith verdicts in Florida Personal Injury cases. 

To read more on this $5.3 Million Bad Faith Verdict against Fireman's Fund Insurance Company, click here to read TRISTAN SCOTT's  Missoulian article .

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Yesterday we learned a hard lesson. We learned that juries are apt to disbelieve a Plaintiff. If there is any disjunction or conflict in the medical records the Plaintiff will not be given any benefit of the doubt. You must be a perfect Plaintiff because any thing the defense finds can and will be used to call you a liar and discredit your case. 

Let me explain: Recently we finished a 3-day trial. Our client was a middle-aged woman who sat in her car, stopped at a red light. The defendant, not paying attention, drove their small sporty car into the tailpipe of our client's mid-sized SUV. The damage totaled the defendant's car. The Plaintiff's SUV had almost no visible damages. (Let’s call that Strike One) The Plaintiff thought that she could handle the case alone and did not hire an attorney for some time after the accident. In that time she went to her own doctors and filled out her own medical information.

Our client proceeded to go back to her chiropractor because of the pain she had in her lower back. Prior to the accident, our client had a history of back pain but she was pain free for a year before the accident. Now, she was back in the chiropractor's office. The pain because so bad he referred her to a neurologist and then onto a neurosurgeon. The neurosurgeon said only surgery would help. Our client underwenta level one fusion of her spinal vertebrae. Unfortunately, in all the medical intake forms the client put down that she had no prior back problems (Let's call that Strike 2).

The client was not sales person. She was not able to articulate her pain to the jury. She was simply unable or unwilling to expound on her experience, to help the jury understand her pain. (Let's call that Strike 3).

Continue Reading...

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The Allstate Corporation, one of the the nation's largest publicly held insurance companies, recently released approximately 150,000 pages of documents pertaining its review claim practices from the 1990s. Although, some media have regarded the documents as coming up short, according to a recent Times Picayune article.

On the opposite side of  the argument, the release of the documents by Allstate can be viewed as  Allstate's way of showing that they have nothing to hide. Undoubtedly, the Mckinsey documents issue will not go away for awhile, in light of the looming release of the new tell all book for the public by New Mexico attorney David Berardinelli, called "From Good Hands to Boxing Gloves: The Dark Side of Insurance."

An Allstate spokesperson, Rich Halberg, downplays the significance of the documents in a recent  Allstate press release, "When aired in the unbiased setting of a court of law, allegations about the documents have been shown to be without merit. Most recently, some of the documents were seen and explained in context to a jury during a two-week trial in Kentucky (Hager v. Allstate)."

The Hager v. Allstate case involved a rear-end automobile accident case that occurred in 1997. The Plaintiff, a 60 year old accident victim, sued Allstate for not paying claims related to the personal injury in the car accident and for allegedly violating Kentucky's Unfair Claims Settlement Practices Act. The outcome of the two week trial was for the Defendant, Allstate. According to several published reports, the jury came back with this verdict after deliberating for a short while. One can only wonder if the Jury took the Plaintiff seriously for asking for $1.425 Billion for what is typically referred to as a soft tissue injury.

Click here to view the extensive site of the Allstate "Claim Review" documents.  The site shares comprehensive information on Casualty Review, Homeowners Review, Auto Physical Damage Review and Field work Information.

We encourage the public to read the documents and let us know your opinion of the documents.

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A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions.  This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents. According to insurance reports, rear-end collisions account for nearly 2 million insurance claims each year, with an estimated cost of $8.5 billion. Although, neck injuries are not life-threatening, they often leave the injured accident victim with a lot of pain and are sometimes debilitating.

The Rear crash test rated protection in a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seats with good or acceptable restraint geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

On a positive note, according to Institute senior vice president David Zuby, "The side impact results represent a huge change from just four years ago. "A major change is that auto manufacturers have been moving quickly to make side airbags standard, even on lower priced models."

In 2006, there were 42, 642 people killed in the 38, 588 fatal motor vehicle accidents, according to the Institute of Highway Safety. Florida was third in the nation in fatal motor vehicle accidents, with 3,374 reported deaths from 3,097 fatal accident crashes.  California was number one in the nation in automobile fatal accidents with 4,236 deaths and Texas came in second with  3,475 reported motor vehicle deaths.

According to a NHTSA FARS report, South Florida led the state in traffic fatalities by County, with Palm Beach County having 212 traffic fatalities, Broward County having 267 traffic fatalities and Miami Dade County having 367 traffic fatalities. It is important to mention that Palm Beach County traffic fatalities increased the most significantly in South Florida from prior years by nine percent. 

This makes the National Click it or Ticket Campaign, so important in saving lives on the roadway. During May 19 - June 1, 2008, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message “Click It or Ticket". The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Buckle Up or Pay Up.

The amazing nonprofit, Dori Slosberg Foundation has taken important steps in working with Florida law enforcement to ensure Florida's participation in this meaningful campaign.  Irv Slosberg and his dedicated team have tirelessly worked side by side with Florida law to ensure that we have the necessary representation on the roadways during this campaign. Although the campaign is only for a few weeks, prior year statistics show that traffic fatalities are decreased during this timeframe.

Click here to learn more about the Staying Alive on 95 event spearheaded by the Dori Slosberg Foundation.

 

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ATV (All terrain Vehicles) are coming under fire for tougher safety and product liability laws from parents of a personal injury victim that died in  ATV related crash.

Ashley Phelps' life was cut short last year when the all-terrain vehicle she was a passenger on struck some mailboxes and rolled over. The driver, Gregory Hebert, then allegedly drove away, leaving the injured 21-year-old behind. Head injuries sustained as a result of the ATV crash caused Ashley's death.

According to the most recent CPSC Annual Report of ATV deaths and injuries for 2006, that was released in February 2008, there have been over 8100 deaths related to ATV crashes or ATV fatalities.  The state of Pennsylvania leads the nation in ATV fatalities with 420 total deaths from 1982 - 2006. The State California  comes in second with 418 ATV fatalities from the same period. In the state of Florida, there were 349 deaths as of result of ATV accidents.

Click here to read more from the AP and the Insurance Journal and Click here to read more from the Consumer Product Safety Commission on ATV Accidents, death and injuries.

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Plaintiff's and Personal Injury lawsuits are coming under attack by the very controversial "Fake Bad Scale" Test.  The test is supposed to tell if someone is faking an illness, psychological symptoms and other injuries in personal injury claims and is mostly used by the defense to help battle plaintiff's personal injury claims.

According to a recent WSJ article:

The Focus: Helps spot litigants who may be feigning their injuries. 

Credibility: Use of test has grown since the test became part  of  Minnesota Multiphasic Personality Inventory. 

Controversy: Protests from some psychologists and plaintiffs' lawyers feel that the test identifies several real victims as possible fakers. Proponents of the test see the true-or-false test as valid to identify people faking pain, psychological symptoms or other ills to collect a payout.

The story generated a lot of interest around the web. Several bloggers picked up on it such as Law Dragon's Marc Lacter, SaundersBlog , Toxlaw.com, Law Beat Comments from Syracuse University's Carnegie Legal Reporting Program and the WSJ's Legal Blogger Dan Slater  
Dan Slater's post had the most interesting comments. Surprisingly for both sides of the argument.  

Kudo's to the WSJ to include such a controversial topic on page A1.  Hats off to the Murdoch owned newspaper for putting this topic front and center.  I wonder how many news outlets picked up on this test,  I am sure that this topic will be covered this weekend in news segments. 

Stay tuned... I will share any interesting news clips that dig more into the Fake Bad Scale Test.

Click here to read more from the WSJ on this test. (Note: Subscription required),

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One of our favorite Bloggers, Blawgletter wrote a post about Tort Reform and the rights of trial by jury. Although his post is re: a securities fraud case against University of Phoenix, it also rings true that jury trials are important for personal injury cases. Without them, who would be held accountable? Ted Frank at Points of Law.com, chimed into the jury trial discussion by adding "trials remain a risky business for both plaintiffs and defendants", in a recent post. 

Pointsoflaw.com, provided an excellent summation of the Vioxx litigation in their  vioxx roundup yesterday. They cited several cases pending trials and gave updates on Merck. All eyes are on Merck. Let's see if their proposed vioxx settlement of $4.85 billion will make the jury trials go away. In a newswire release, Merck indicated that there are 50,000 Vioxx claimants. 

Only time will tell how this saga will end. Stay tuned...

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This week, I came across a few interesting articles and blogs that cover personal injury. The first one is the article "Friend when we need one" from the Arizona Republic by E.J. Montini. He discusses how the public often perceives Personal Injury Lawyers as "ambulance chasers". The Journalist and fellow blogger (montiniblog.azcentral.com) speaks candidly about how the mere mention of a personal injury lawyer representing a family in a tragic highway case, resulted in a barrage of name calling and insults from the public. He goes on to give examples of how many do not appreciate the value of a personal injury attorney, until they need one. Kudo's to E.J. Montini for representing the positive side of a plaintiff's lawyer. Of course there are a few bad apples that give trial lawyers a bad name, however, most Injury Attorneys are passionate about getting the best value and compensation their clients deserve, based on the nature of the injury. 

Michael A. Ferrara, Jr., a Cherry Hill, New Jersey Personal Injury Lawyer, shares some startling facts about OTC Cold Medicines and the dangerous for Kids in his Injuryboard Blog Post. Recent reports from the CDC and Prevention, show that there were over 1,500 babies and toddlers  taken to to emergency rooms over a two-year period because of the OTC cold medicine. The FDA'  "strongly recommends " that OTC cough and cold medicines not be used for infants and children younger than 2, according to Dr. Charles Ganley, director of the FDA's Office of Nonprescription Products. An article on CNN.com shares an alarming statement from the FDA stating  that many parents have not gotten the message about the severity of the issue, despite the media attention on the subject in Fall 2007. Check out the compelling newsworthy CNN.com video on "not giving OTC cough medicine to children under the age of two. We encourage you to share this link with parents that have small children. This is a message that all parents with small children need to hear. The ever so popular Dr. Sanjay Gupta gives a succinct update on the FDA announcement. I can't fail to mention that Vick's Nyquil had a sponsored ad right next to the Child Cold Medicine warning. Talk about product placement, I could not help but wonder if more people felt the same way that I felt that the Nyquil  being next to this story was not in good taste. I have nothing against the product, in fact I have this product in my medicine cabinet at home.

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Florida's Highway Safety and Motor Vehicles department issued a release yesterday regarding the mandatory PIP coverage effective January 1, 2008. In a prior post on the LaBovick Injury Law Blog, we reminded readers of this approaching deadline.

In yesterday's release isued by Florida's Highway Safety and Motor Vehicle department, the following paragraph caught my eye: "Law enforcement, including the Florida Highway Patrol, will be checking proof of insurance roadside and could issue a citation for failing to carry the proper insurance. We are encouraging all motorists to make sure their vehicle is properly insured. If you have questions please contact your insurance carrier/agent to make sure you have the required Personal Injury Protection coverage." 

This is a strong warning that the department is taking this new law seriously.  Please do not get caught without this mandatory PIP Insurance.  If you do not have PIP effective January 1, 2008, your  insurance carrier will cancel your policy and inform the Department of Highway Safety and Motor Vehicles, who will then suspend your driver’s license and registration. This could be an expensive endeavor to get your license reinstated, fees range from $150 up to $500.

We encourage you to be proactive and make the call to your insurance Agent today to make sure that you are carrying the mandatory PIP coverage January 1, 2008. It can save you money and headaches in the future. I called my Insurance Agent today just to be on the safe side. They reminded me that I took care of this already and not to worry.  I told them, I wanted to make sure one last time, you can never be too sure, with something so important.

To read more from the Florida Department of Highway Safety and Motor Vehicles, click Here. 

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The Ohio Supreme Court gave their ruling yesterday in the  Arbino vs. Johnson & Johnson, Slip Opinion 2007 -Ohio 6948.  The ruling was 6-2  upholding a 2004 law approved by the legislature that caps jury awards for non-economic (pain and suffering, mental anguish, etc.) to $350,000 unless there is a loss of limb or organ. The court found the law to be constitutional and does not violate consumer rights, right to jury, or separation of powers.  The case before the court was brought by Melissa Arbino for a product-liability suit against  Johnson & Johnson for side effects from using the Ortho Evra Birth Control Patch. Surprisingly,  the patch is still on the market, but with warnings about the serious side effects.

John Michael Spinelli, gives a brilliant outline of both sides of the arguments, in his post on Daily Kos entitled "Ohio Supreme’ Ruling Good for Bad Bills, Bad for Good Juries". One point that he drives home in the post is that the ruling came from an all-Republican Supreme Court. One could gather from his clever intro "the best Republican Supreme Court money can buy" that he has strong feelings on this subject.

Chief Justice Moyer, writing for the majority opinion, states "The decision in this case affirms the General Assembly’s efforts over the last several decades to enact meaningful tort reforms. It also places Ohio firmly with the growing number of states that have found such reforms to be constitutional. However, the issue remains a contentious one across the nation, with several states finding such statutes unconstitutional."

Justice Paul Pfeifer, writing for the dissenting opinion states "Instead of jealously safeguarding the right to trial by jury, the majority opinion in this case eviscerates it by holding constitutional a statute that enables courts to ‘enter judgments in disregard of the jury’s verdict.’ Instead of jealously safeguarding the right to trial by jury, the majority opinion employs shallow reasoning and shoddy logic in concluding that juries can meaningfully determine only facts that do not conflict with predetermined assessments of the General Assembly. Instead of jealously safeguarding the right to trial by jury, the majority opinion "cleans the scalpel for the legislature to cut away unrestrainedly at the whole field of tort redress."

This case sends a resounding message to the legal community that the issue of tort reform will continue to be hotly debated.  The Ohio Supreme Court ruling will no doubt add fuel to the tort reform discussion.  Those in favor of tort reform, just received a check mark in their column with this decision.  One can only hope that this does not give corporations a false sense of security in future product liability cases.

Johnson & Johnson stock is trading at $67.43, yesterday, the day of the Ohio Supreme Court ruling,  it closed at $67.33.

To read more on this story, check out the following articles: Daily KOS, The Toledo Blade, Ohio State Supreme Court Slip Opinion No2007 -Ohio 6948

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PIP Reminder to All Florida Drivers:

Effective January 1, 2008 - Florida law requires drivers to carry personal injury protection insurance.

You will be receiving a mandatory PIP reminder from your insurance company reminding you of this change.  A word of caution, don't get caught without PIP coverage.  Call your local insurance person and reinstate this mandatory coverage, so you will not forget.

The Florida Insurance Council wants you to know the following about PIP insurance coverage:

• Beginning on Jan. 1, 2008, Florida law requires drivers to maintain PIP insurance coverage which pays covered medical expenses for injuries sustained in a motor vehicle crash by the policyholder, passengers, and relatives residing in the policyholder's household.

•If a policyholder fails to maintain PIP coverage, the State of Florida may suspend the policyholder's driver's license and vehicle registration.

•If a policyholder already has personal injury protection coverage, the coverage will be amended effective Jan. 1, to incorporate legally required changes without any additional premium and that the policyholder need take no further action.

For more information on the Florida PIP Insurance coverage see The Insurance Journal and the Florida Insurance Council White Paper "The Return of Automobile Personal Injury Protection." . (Site Registration required) 

Don't wait, Renew your PIP coverage today.

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I came across an interesting article from the WallStreet Journal that was posted on MSN.com yesterday. The title was one that would raise the eyebrows of any plaintiff injury law firm  "Employers grab accident victims' cash" written by Vanessa Fuhrmans. I am no surprised that this article had a 4.58 rating among the nearly 3000 readers that read it. Personally, I felt it deserved a rating of 5, it was right on the mark.  The large insurance companies can't seem to stop trying to squeeze every little penny out of personal injury victims.  It cited the behemoth, Walmart, going after a brain damaged woman's personal injury settlement of $700,000 and demanding repayment of $470,000. What makes it outrageous is that her personal injury settlement only netted $417,000 after fees and other medical bills were paid.  This money was put in a trust to take care of her medical needs, however, the behemoth Walmart, did not care and felt they were entitled to all their money back plus legal fees.  They sued and won the case and feel no regret or guilt from taking everything from this poor personal injury victim that has no quality of life and s relegated to depend upon Medicaid and Social Security.  When will the large insurance companies stop sucking the blood from personal injury victims and finally learn to do what is right as a good corporate citizen. I wonder will we see this in our lifetime? 

Vanessa  Fuhrmans brings out startling revelations that most people do not know about their medical providers and how they can be in for a rude awakening, if they use their personal health insurance for injuries sustained in a personal injury accident, should their insurance company decide to come after them for reimbursement.  According to the article, some company health plans, reserve the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit. This is becoming a growing trend around the country, as more employer health plan law suits are materializing.

Insurance Companies and large Corporations try to portray Trial Lawyers, especially Personal Injury lawyers as greedy individuals only after the almighty dollar. They should take a look in the mirror and and feel ashamed of themselves. After reading this article, I have a new admiration for good personal injury lawyers around the country that stand up and fight valiantly for justice for the average citizen.

Personal Injury Lawyers, stand up and take a bow for not backing down to these immoral, greedy and money hungry insurance companies and corporations that only care about large profits and finding new ways to exploit the little person.

Click here to read the WSJ Article Employers grab accident victims' cash on MSN.com

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I came across an interesting blog by the name of Tort Deform that discusses the public's access to the courts. Hats off to the Executive Editor, Kia Franklin, and team for putting together a great blog. I enjoy reading this blog, topics are always current, timely and thought provoking.  Keep up the good work....

We recently received a comment from a Tort Deform contributor, in response to our blog post "Shedding Light on Attorney Contingency Fees. Executive Editor, Kia Franklin, raises some interesting points in her Tort Deform blog post, "Civil Justice to Fee or Not to Fee".

I really appreciate that there are people in the world, other than Plaintiff attorneys, who understand what we do and the function we serve. The world has a balance to it.

This reminds me of a movie I recently saw,  The Bee Movie. In the movie Jerry Seinfeld portrays a Honey Bee who figures out that humans are using Bees to make honey for human use and that the humans are not paying the Honey Bees anything for their labor or the product (honey). With that knowledge he befriends a human woman and they sue the honey industry.

The remainder of the movie was a mélange of lawyer jokes and silliness. In the end, the Seinfeld character wins his lawsuit against the honey industry and all bees around the world are free to stop working. That, of course, sends the world into a tailspin. Without bees we have no pollination, and without pollination we have no flowers. In the movie they only dealt with flowers, but the truth would be that without bees the world would significantly change. Millions of plant and animal (probably humans as well) species would disappear in the process. One of the movie's lessons is that, within a system, if you take out a step you may change or destroy the entire process because the balance is no longer in check.

Our government system is similar. We have a unique and wonderful system of checks and balances. Our founding fathers developed, through sheer brilliance, a fantastic system. The system works between the executive, judicial and legislative branches. It also works between private and public services as well as between corporate and individual rights. One major component to that system is that individuals and corporations are held accountable for the damages they cause to the social compact. Part of that social compact is that no party or person is permitted to use "self help" to right a wrong. We are not permitted to shoot our neighbor if they put a fence up on part of your property. Instead of self-help we have a finely developed court system. People trust and believe in the general fairness of our entire system. Their belief and trust in that fairness is what keeps society generally peaceful. Most people will sue each other to correct the behavior or damages one party does to the other. Most people will not take JUSTICE into their own hands and use a gun or a knife to right their own wrong.

If we take away the people's right to sue to right their wrongs then we have seriously changed our system of justice. We have taken out a critical piece in the checks and balances system of our society. The people cannot be forced to live with government oversight as their sole method of solace because when something goes wrong they need to feel empowered to do something to "fix" the situation. In our system, we need to have a method of taking action, of taking self-responsibility, to help oneself. That system calls for lawsuits and not guns. If government takes on that responsibility and doesn't do a good job (which is inevitable) then over time the public will feels greater discontent with government. This discontent, historically, has led to revolution.

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Bexis ( co-author of drug and device law blog)

I am sorry this response took so long. (Click here to see response from Bexis).  My life just does not have enough fun things like responding to your great blog post. 

First things first: For those of you not following my intellectually astute commenter, Shay’s Rebellion was the post-revolutionary (1787 or so) clash between the farmer and merchants in the New England states.  It was the first test of our new Democratic Republic and the system passed muster with high marks.  The point of this was to note, that we cannot rely on the government to save us from corporate profiteering at human expense.  I only wish I were such an extremist.  Extremists get loads of press and people are naturally drawn to them.  But, let's put the whole anarchist thing to bed.  Nothing could be further from the truth.   I love our system of Government.  I think government serves a legitimate purpose.  I am just a natural Republican.  When possible, I believe government should be smaller rather then bigger.  I would prefer to see government not intervene when not necessary.  This is especially true of the federal government.  In a contest between the federal government and the state government on who should be passing legislation, I would prefer to leave most things in the hands of the states.  I am, however, (tell Mark Hermann I used however properly again) not an extremist.  I realize the federal government has a legitimate role and a great responsibility to protect the national public from dangerous products.  This is a typical Republican position.  It is not the anarchist position.

What I do NOT believe is that the FDA has the ability to insure that the public is safe from dangerous drugs.  I do not believe that by passing the lowest threshold of government oversight that any company should be released of their responsibility to the end user of their products.  I do not believe that the government can be trusted or expected to guarantee product safety.  This holds true for our prescription drugs, our food supply and our water.  Government is the first line of defense.  It is not the exclusive remedy when a corporation harms its customer(s).

You say that 90% of products are not sued because of a defect.  I don't believe this, but let's pretend it's true.  What about the 10% of defects that you admit cause death, dismemberment or other injuries?  What about those people?  Why should they be prohibited from suing the business that harmed them because the dangerous product was Ok’d by some minimum wage government inspector?  Why, as a taxpayer, do I have to bear the burden of the injured person's medical bills because the business that caused the injury is off the proverbial hook?  Why should I, as a taxpayer, have to bear the burden of the injured person’s unemployment compensation when they can't return to work because of this injury?  Do you think the injured person is going to feel like the American Justice System did the right thing when they are told that there is no case because the FDA or some other government agency simply failed to catch a dangerous defect?  Is it fair that the injured person will have no legal remedy against the offending company?  Of course, all of the above is patently unfair and anti-American.  We are not Russia.  We hold people and businesses accountable for the harm they do, to individuals and to society.  To create an exception for drug companies or any other business is simply wrong.

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On October 11, 2007, Governor Charlie Crist signed into law effective January 1, 2008 the new Florida No Fault Auto Insurance bill, (House Bill 13C). The original No Fault Law expired October 1, 2007. Therefore, all policyholders whose automobile policies were set to expire between between October 1, 2007 and January 1, 2008 should call their insurance agents to obtain interim coverage or they will have no coverage at all until January 1, 2008. The only mandatory coverage during this interim period is property damage liability coverage.

These individuals should also know that if they are in an accident between October 1, 2007 and January 1, 2008 and are at fault, and the other driver, passenger or pedestrian who is injured does not have their own PIP coverage, they can be sued for everything including pain, suffering, medical bills and loss of earnings.They should therefore purchase adequate bodily injury liability coverage to protect themselves.

These are the key provisions under the new law effective January 1, 2008:

1. PIP will pay 80% of all reasonable and necessary medical expenses up to the $10,000.00 policy limit. This is the same as the old law.
2. A new fee schedule for medical bills limits doctor's reimbursement to 200% of the Medicare rates and the emergency room doctors to 80% of their usual and customary charges.
3. The new law will reserve $5,000 for emergency room doctors and inpatient hospital physicians.
4. The policy will pay 60% of disability benefits, as before, for any loss of gross income and earning capacity from inability to work.
5. It will also pay 100% of reasonable replacement service such as child care, housekeeping and yard work.
6. It will also pay a death benefit of $5,000 per individual, or the remainder of unused PIP benefits, whichever is less.

Liability Lawsuits
In order to be allowed to sue for pain and suffering for injuries resulting from an automobile accident, as before, you must have either of the following:
1. Significant and permanent loss of an important bodily function.
2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
3. Significant and permanent scarring or disfigurement.
4. Death.

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Cargill Beef issued a massive recall on November 3, 2007 for more than 1 million pounds of ground beef that is suspected to be contaminated with E. coli bacteria. This is the second voluntary recall of beef in less than a month. The earlier Cargill recall was issued October 6, 2007 for 844,812 pounds of frozen ground beef patties because they may be contaminated with E. coli O157:H7.  This recall included products that were produced on Aug. 9, 10, 15, 16 and 17, 2007, and were distributed nationwide. Each package bears the establishment number “Est. 924A” inside the USDA mark of inspection. The products include:

Products distributed at the retail and subject to recall are:

• 6-pound boxes of “American Chef's Selection Angus Beef Patties 18-1/3 Pound Patties.” Each package bears a case code of “7703100” and various package codes of Best If Used By dates of “02/05/08,” “02/06/08,” “02/12/08,” and “02/13/08.”

A few prevention and safety measures include:

1.  cooking any ground beef to an internal temperature of 160 degrees F., or until the meat is no longer pink and the juices run clear.
2.  Avoid contaminating other foods with any E. coli bacteria that may be present in meat.
3. Wash Hands, utensils and cutting boards after they touch raw meat.
4. Place cooked meat on a clean platter, not one that was used to hold raw meat.

Consumers with food safety questions also can “Ask Karen,” the FSIS virtual representative available 24 hours a day at ASKKaren.gov. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from 10 a.m to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day.

The Ecoli Lawyer at the Marler Blog, provides excellent commentary on the history of Cargill Food Recalls dating back to the early 90's. Amazing they have been having problems this long. One would think that with new technology, the company would master how to prevent E. coli outbreaks. If you look at the great historical chart, the Marler Blog gives in their post on Cargill, getting reacquainted with the Enemy, it is hard to avoid the massive growth and expansion efforts of the Cargill company. My question to Cargill is "While you were growing and acquiring new companies were you looking into best practices of preventing food-borne illnesses?"

Blogger Jane Genova includes an excellent Blog Post entitled Cargill, ConAgra et al. Need to Follow Oprah Crisis Management 101on measures Cargill should take in dealing with the PR Crisis nightmare. Oprah is my hero and role model. No one is a master PR like Oprah. Jane's list is one that all executives and PR people should keep and hold onto, in case a PR Crisis should arise on their watch.

• Acknowledge the situation is serious
• Be visible where the trouble is or could be
• Follow up sincerity with concrete action. Be a responsive human being
• Be part of the reform effort. This is not about committees or delegation. The message is: This will not happen again, at least not on our watch.
• Be totally accessible. Use technology such as personal email addresses, blogs, and live media conferences

According to the Regional Beef President, John Keating, no illnesses have been reported. Now that is what makes me wonder if the public is fully aware of the meat recalls. There have been so many recalls over the past three months. Every time you look on the news, you hear of  another recall  that many have become desensitized by them. The ten states that are included in the recall are: Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia.

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Texting while driving is becoming trendy and dangerous.  It is not uncommon to see someone text while driving these days, especially teens. Let's not forget the Blackberry Crowd. They are equally dangerous to drivers on the road.  One New Hampshire Lawmaker  is doing something about it, Nashua's David Campbell has filed the paperwork for a bill to ban two-handed texting or typing on any electronic or telecommunications device while driving. According to Campbell in a recent Associated Press article,  "You need at least one hand to operate a motor vehicle,'' a police officer told him cell phone texting isn't the only problem. Some drivers are typing on laptop computers while behind the wheel." He seeks only to ban two-handed typing or texting.

In a recent accident involving a 17-year old, text messages were sent to and from the teen driver before the deadly crash involving a tractor trailer crash.  This is any parents nightmare. Their teen dying at the wheel, while on the phone.  Adults are not immune to texting while driving. According to Lynch Ryan  Worker's Comp Insider Blog,"You can make a case that a vehicle can be operated safely while the driver talks on a cell phone - preferably with a head piece - but no case can be made for safe driving while the operator's eyes are actually focused on the mobile device. Texting, like alcohol, does not go with driving."  I agree wholeheartedly.  The cell phone providers should do more to bring awareness to the dangers of texting while driving. According to a recent study by AAA on teen texting while driving habits, nearly 46% of teens, text while driving.  

Blogger, Anne Donnegan, hit it nail on the head, when she said, more people may have to die in DWT accidents, before legislators eventually see the light and pass a bill banning DWT.

Thankfully, lawmakers around the country are introducing legislation to curb this dangerous behavior. A few brave champions, such as Washington State, Phoenix and New Hampshire are writing legislation on Driving while texting.

What are your thoughts on texting while driving?  Should it be illegal?  What is better a fine or points on a license? The answer remains with concerned citizens. Do you want your loved one killed or injured by a driver that is texting?  If not, find out if your local city or state has a ban on DWT - Driving While Texting. If not, contact your local lawmaker and suggest this legislation. Share what other cities are doing such as: Washington,  Phoenix, and New Hampshire. Make a difference and let your voice be heard in the fight to end DWT accidents.

Click here to read more from the Insurance Journal

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South Florida residents in West Palm, Martin and St. Lucie Counties, it is that time of year again.  Tomorrow children and adults dressed up in costumes will troll neighborhoods and malls looking for fun treats.  Halloween Decorations have become as popular as Christmas. You may have seen all of the Halloween decorations in the stores two months ago, or neighbors hanging lights and putting up large inflatables in their yards.  I know it is that time of year when my local Walgreens starts filling the aisles with candy, costumes and decorations. How did retailers pull this one off? When did Halloween become so popular to rival Christmas home decorations? 

The important thing is Safety for this Halloween.   According to the CPSC, the most serious Halloween-related injuries involve burns from flammable costumes and decorations, including ignition from open flames, such as candles and Jack O’Lanterns. Other incidents have involved abrasions from sharp objects attached to masks or costumes.

The CPSC has put out a few Halloween Safety Tips for Parents and Adults. Please read them carefully and be safe.

Costumes 
Costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Purchase or make costumes that are light, bright and clearly visible to motorists.

For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.

Children should carry flashlights to see and be seen.

Costumes should fit well and not drag on the ground to guard against trips and falls.

Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.

Tie hats and scarves securely to prevent them from slipping over eyes and obstructing vision.

If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.

Swords, knives and similar costume accessories should be made of soft, flexible materials.

Treats
Warn children not to eat any treats until an adult has examined them carefully for tampering.

Carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations
Keep candles and Jack O' Lanterns away from landings and doorsteps where costumes could brush against the flame.

Indoors, keep candles and Jack O' Lanterns away from curtains, decorations and other combustibles that could catch fire. Do not leave burning candles unattended.

Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.

Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory, such as UL. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

Don't overload extension cords.

From the Attorneys and Staff of LaBovick & LaBovick, have a safe and fun Halloween this year in South Florida.

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Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.

The following is a breakdown of Rollover fatalities by motor vehicle type:

61% of SUV occupant fatalities occur in rollover crashes.

45% of Pickup Truck occupant  fatalities occur in rollover crashes.

33% of Van occupant fatalities occur in rollover crashes.

23% of Passenger Car occupant fatalities occur in rollover crashes.

30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.

Click here to read more on Rollover Accident statistics from the National Highway Safety Administration.

Click here to read more on Analysis of Motor Vehicle Rollover Crashes and Injury Outcomes from the National Highway Safety Administration.

 

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Dana Corp announced a settlement of 7,500 Personal Injury Claims involving asbestos-laden gaskets produced by the auto-parts supplier. They want to pay a maximum of $ 2 Million to settle all claims, providing the claimants submit the required proof to support their claims. This will help the company settle approximately 7 percent of the mesothelioma claims and 4 percent of the cancer claims filed against the Ohio based Auto parts supplier.

Dana has said asbestos-related personal-injury claims, which totaled 150,000 as of June 30, will pass through its bankruptcy unchanged.

It is important to note that the necessary supporting documentation is important for the claimants to receive any funds from the $2 Million proposed settlement. If they have any questions or concerns about the settlement or an asbestos related illness, they should contact an Asbestos Attorney or a Mesothelioma Attorney to discuss the case in greater detail.

Click here to read more on the Dana Corp Asbestos settlement from Associated Press

 

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It was nice to see a Personal Injury lawyer make the news in a positive story about running and safety. Personal Injury Attorney, Eric Turkewitz, is training for a marathon and was interviewed about his opinion on safety and running at dusk. Great article. 

After reading Eric's blog New York Personal Injury Lawyer, it made me wonder about accidents and bicyclists.  In Florida we have great weather, but are really not the most bike friendly place.  I was surprised to find that Florida leads the nation in bicycle fatalities, according to the National Highway Safety Traffic Administration. In 2005, Florida had 124 bicycle fatalities, California 124, New York 47, Texas 46 and rounding out the top five was North Carolina with 36 bicycle fatalities. The total number of bicycle fatalities were 784 for 2005.  Although the numbers seem high, they account for only two percent of the total traffic fatalities for 2005, which were 43,443 fatalities.

The NHSTA has a brochure called seven smart routes to bicycle safety.  The seven rules are important and worth mentioning.  Seven great tips on bicycle safety:

Protect Your Head. Wear a Helmet.

Assure Bicycle Readiness. Ensure Proper Size and Function of Bicycle.

Ride Wisely. Learn and Follow the Rules of the Road.

Be Predictable. Act Like a Driver of a Vehicle.

Be Visible. See and Be Seen at All Times.

“Drive” with Care. Share the Road.

Stay Focused. Stay Alert.

Unfortunately, our firm has represented it's share of bicycle accidents over the years. It is always sad when the bicycle accident involves a child or death.

When you are bicycling try and remember safety first, despite the joy and excitement that riding brings.  “Drive” with Care. Share the Road.

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October 15th is Blog Action Day around the world. This is the day that bloggers everywhere discuss the environment in a post.  How could we not participate by sharing something about the environment  on our blog? So here is our post about an oil company settling a pollution case:

Frontier Oil Corp recently settled a series of lawsuits on pollution brought by residents and former students and employees at Beverly Hills High School that alleged facilities at an oil field operated by Frontier subsidiary Wainioco Oil & Gas from 1985 until 1995 released emissions.

Frontier Oil Corp paid $6.2 million, which is a part of the overall $10 million settlement by Frontier and other defendants.

Share holders must be happy with this settlement, because Frontier Oil Shares are currently trading at $45.05.

Click Here to read more from Business Week Online.

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In a recent Press Release from The American Association for Justice, the organization praises a report by the nonprofit Center for Progressive Reform. The report  "The Truth About Torts: Using Agency Preemption to Undercut Consumer Heath and Safety" suggests that the Administration has forced federal agencies to claim their regulations preempt state laws, despite lacking any constitutional authority. These actions contradict Congressional intent and, frequently the agencies’ own policies. According to the new report,  state laws are preempted through regulatory rulemaking authority. The preemption provisions are often slipped in at the last minute without any chance for public comment. 

Among the preemption measures:

• The National Highway and Traffic Safety Administration (NHTSA) declared its rules on seat-belts and roof-crush resistance would preempt state common-law claims, despite previously rejecting the concept.
  
• The Food and Drug Administration (FDA) declared a rule on drug labeling preempted state tort law despite the fact that the agency had long held the opposite view.
  
• The Department of Homeland Security (DHS) also adopted preemption provisions, despite the fact that the Senate Homeland Security and Governmental Affairs Committee had expressly rejected such an approach just a year earlier.
  
• The Consumer Product Safety Commission (CPSC) and Federal Railroad Administration (FRA) have been criticized for trying to preempt state law.

Click here to read the report: "The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety".

Key figures testifying at the Senate Judiciary Committee hearing this week on “Regulatory Preemption" were Georgetown Professor David Vladeck, attorney Collyn Peddie and Donna Stone, state representative from Delaware and the current President of the National Conference of State Legislatures.

Testimony from State Representative Donna Stone

Testimony from Professor David Vladeck

Testimony from Attorney Collyn Peddie

Click here to read more from the AAJ on the Judiciary Committee Hearing.

Agencies such as the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and The National Highway and Traffic Safety Administration (NHTSA) set out to protect the health and safety of Consumers. Let's hope that the Judiciary Committee meetings help to prove this point loud and clear so that we can all work together towards the fight for consumer justice.

 

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Denver District Court Judge Sheila Rappaport sent a strong message to Qwest Communications in the Personal Injury Case of Andrew Blood, when she increased the punitive damages to $81 million from an original amount of $39 million.

According to the Business Journal reports, Judge Rappaport, awarded the maximum increase allowed by law on the grounds that Denver-based Qwest continues "to fail to inspect, maintain and repair" its telephone poles despite having lost a previous jury trial involving Andrew Blood.

A jury on May 24, 2007, awarded Blood slightly more than $21 million in compensatory damages for his injury.  Denver law allows judges to triple that amount in punitive damages -- those meant to punish and correct the actions that led to the judgment -- if the situation that led to the lawsuit is repeated or not corrected. 

I am sure that Qwest will keep their word and appeal Judge Rappaport's ruling.  Regardless of the outcome of the appeal, it is loud and clear from Judge Rappaport's ruling that Qwest needs to clean up their act and implement a solid and worthy maintenance program for their telephone poles across the country.  It will save them in the long run with large lawsuits like in the Andrew Blood case.

According to the Qwest reports their stock recently closed at $8.92 an increase of $.13 from prior trading.


Click here to read more on this case from the Denver Business Journal.

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Hoteliers take note: There can be a premises liability or negligence issue if a guest gets hurt in a hotel room or bathroom while at a place of lodging.  Take a look at the case Ciocci v. Trump Taj Mahal Associates that just settled for $1.2 million. This case had a specific set of circumstances,it involved a broken toilet broke away from the wall in a handicap accessible room. Nevertheless, it should be a wake up call for all hotel establishments.  It would cost a lot less just to make sure that the facilities were safe.

The Ciocci settlement was in regard to the Taj Mahal's liability for the injuries Jean Ciocci, 74, of Philadelphia, sustained from two separate falls: the fall from her toilet in her hotel room's handicap-accessible bathroom on Oct. 8, 2004, and a fall she took one-and-a-half years later that her attorney argued came about because of the significant physical disability in her left arm caused by the earlier bathroom fall.

Click here to read more on the case from Law.com and The Legal Intelligencer (Subscription required)

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We are happy to hear the insurance industry making statements that they will take care of any claims arising out of the Minneapolis bridge collapse tragedy without delay.

According to a vice president at the Insurance Federation of Minnesota, "There will be no exclusions – it will all be coverable."  They expect most claims to be for auto damage, workers' compensation and commercial property damage.

However, let's not rule out lawsuits regarding the maintenance of the the structure. This undertone has been looming in the news of late that the officials were warned some time ago about the dangers of this I-35W Bridge that hosted a heavy volume of traffic through downtown Minneapolis, Minn. 

I can't get over the fact that I drove across the I-35W Bridge in Minneapolis several times.  I just can't believe this happened.

The survivors have a lot to be thankful for. This was a natural disaster that could have been prevented.

Stay tuned... I am sure there will be lots of ink regarding lawsuits stemming from the collapse of the I-35W Bridge in Minneapolis.

 Click Here to read more from the Injurance Journal News.

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Ford Motors announced Friday that it was voluntarily recalling 3.6 Million vehicles due to safety concerns with the cruise control switch. According to the Associated Press, the cruise control, was reportedly linked to fires. Owners will receive notices on August 13, and are encouraged to bring in their vehicles and have the cruise control deactivated until the parts arrive, which should be in October for a few vehicles. 

The Ford models affected by the recall are: Bronco 1993, Crown Victoria 1992-1997, Explorer 1999-2001, Explorer Sport 2001-2002, Explorer Trac 2001-2002, E150-350 Vans 1992-1993, E 150-350 Vans 1997-2002, F series pickups 1993, F-150 Lightening 2003-2004, F53 motor homes 1995-2002, Ranger 1998-2002, Taurus SHO 1993-1995, Lincoln Mark VIII 1993-1998, Town Car 1992-1997, Mercury Capri 1994, Grand Marquis 1992-1997, Mountaineer 1999-2001.

Owners with questions can call Ford at 888-222-2751.

Click here to check your Ford vehicle status.  Click here to read more from Associated Press.

Click here for the National Highway Traffic Safety Administration (NHTSA).

This Personal Injury blog is brought to you as a service of LaBovick & LaBovick, Civil Justice Prosecutors, A Plaintiff's Private Law Firm.

 

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An interstate bridge jammed with rush-hour traffic suddenly broke into huge sections and collapsed into the Mississippi River Wednesday, pitching dozens of cars 60 feet into the water and killing at least seven people in Minneapolis.

The eight-lane Interstate 35W bridge, a major Minneapolis artery, was in the midst of being repaired and had several lanes closed when it crumbled.

At least seven people were killed and 60 were taken to area hospitals, authorities said. Dr. Joseph Clinton, emergency medical chief at Hennepin County Medical Center, said his hospital treated 28 injured people — including six who were in critical condition.

The bridge was built with a single 458-foot-long steel arch to avoid putting any piers in the water that might interfere with river navigation.

Workers have been repairing the 40-year-old bridge's surface as part of improvements along that stretch of the interstate, According to the Minneapolis Star-Tribune..

Our thoughts and prayers go out to the families of this tragedy. I have driven across this bridge many times and I feel the pain of the residents in Minneapolis.  Having traveled this highway on many occasions, I can only imagine the devastation and pain this is causing for commuters. It is something that my friends have told me that could never happen. I have a fear of bridges and typically would get nervous when I crossed bridges like this one and higher ones in the midwest. It may have something to do with my fear of heights and lack of ability to swim. This tragedy has reinforced my desire to learn how to swim. It is sad that it took something like this to make me realize the importance of swimming. I hope that this encourages other readers to learn how to swim.  Something like this could happen anywhere, and knowing how to swim would help save a life, not a guarantee, but it would be a good start.

Click here to read more from the Associated Press on the Minneapolis Bridge Collapse.

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Attorney Ben Glass, a Northern Virginia Personal Injury attorney and blogger, makes a valid point when he mentions that the insurance industry has been cornering the market on the tort reform discussion for years. The group, People for Profits, sponsored by the American Association for Justice, tries to help fight for the protection of American civil rights and trial by jury. Should the family member of someone that has been seriously injured or killed by a careless medical error or a defective product or drug, be denied the right to hold the wrongdoers accountable?

There is a new funny but eye opening video (a work in progress) on tort reform that was uploaded on You Tube called Fancy Pants. The humor and the message is one that everyone should watch. Regardless of your position on Personal Injury, it gives you food for thought. 

Most Personal Injury Attorneys practice law because they want to help their clients and believe in the Justice System. The Florida Personal Injury Attorneys at LaBovick & LaBovick, are commited to helping inured victims get the justice they deserve.  If you have a personal injury case in West Palm Beach or throughout the state of Florida, call the Personal Injury Attorneys at LaBovick & LaBovick. The consultation is free and there is no fee unless they recover money for you.

The Private Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, boating accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information

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The Supreme Court of Kentucky ruled in Steele v. Jason Congleton, that an auto accident victim is not entitled to damages for pre-impact fear.  This was a wrongful death accident involving Melissa Congleton and a tractor trailer being driven for Steele Technologies.  On the day of the accident, the tractor trailer was hauling 37,000 pounds of coil. An unidentified car stopped in front of the tractor trailer, causing it to slam on brakes.  Immediately, it lost control and the steel coil broke loose, causing it to fall head on into the pick up truck being driven by the accident victim, Melissa Congleton. Unfortunately, Melissa died instantly on the scene from the impact.

Click here to read the Supreme Court decision in the Steele v Jason Congleton case.

The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information.

 

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Happy Fourth of July from your friends at LaBovick & LaBovick

We hope that you enjoy the 4th of July with family and friends. Be safe, Have Fun and Use Caution if you are using Fireworks.

Please enjoy these few tips on using Fireworks Safely  - From the National Council on Safety

The 4th of July is synonymous with picnics, barbecues, parades and fireworks displays. There is also an increase in injuries from backyard grills, bonfires and fireworks.

 In 2005, an estimated 10,800 people were treated in emergency rooms for fireworks-related injuries, nearly half of whom were under 15 years old.

Children between the ages of 10 and 14 were at three times the risk of fireworks injuries than the general population. About a third of the injuries were from small firecrackers, 21 percent from bottle rockets and 20 percent from sparklers. In 2004, fireworks caused $21 million in direct property damage.

The National Safety Council advises that the best way to safely enjoy this 4th of July is to watch a public fireworks display conducted by professionals.

However, if fireworks are legal where you live and you decide to use them, be sure to follow these important safety tips:

Never allow young children to handle fireworks.
Older children should use fireworks only under close adult supervision.
Light fireworks outdoors in a clear area away from onlookers, houses and flammable materials.
Light one device at a time; maintain a safe distance after lighting.
Do not allow any running or horseplay while fireworks are being used.
Never ignite devices in a container.
Do not try to re-light or handle malfunctioning fireworks; douse and soak them with water and discard them safely.
Keep a bucket of water nearby to fully extinguish fireworks that don't go off or in case of fire.

The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.labovick.com more injury information.

 

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The age old debate about Theme Park safety is in the spotlight. In recent weeks, there have been two theme park tragedies, one involving the severing of a young 13 year old girl's legs below the ankle at a Kentucky Six Flags Theme Park and the other a tragic death of a 21 year old female Theme Park worker in New York. There are several discussions in the media on are theme parks becoming more dangerous and are adequate safety measures in place at theme parks around the country to protect the public?

According to an Associated Press news story, on Foxnews.com, Wendy Goldberg, a Six Flags Spokeswoman, indicated that the accident involving the young 13 year old girl, happened on the Superman Tower of Power. This is any parents worst nightmare, a large piece of heavy machinery harming their child.  Thankfully, the young girl, was in stable condition after surgery at Vanderbilt University Medical Center in Nashville, according to an Associated Press article on CNN.com.

The family and friends of Gabriela Garin, a 21 year old Theme Park worker that was killed on the Mind Scrambler at the historic Rye Amusement Park in New York over the weekend, are mourning her death. According to an Associated Press, article, the employer's role in the tragedy, is being questioned by the family. One can't help but wonder if the the safety precaution, created after the July 2004 fatality, were followed properly,  would Gabriella would be alive today?  Time will tell, if safety measures could have prevented this latest theme park tragedy.

It is sad that it takes tragedies for adequate safety measures to be put in place at amusement parks. Since Amusement parks attracts families, children and people of all ages, should there be uniform safety standards and guidelines for the multi-billion dollar amusement park industry? 

The non profit organization, Safer Parks, is a public service organization dedicated to preventing amusement ride injuries through research, information sharing, and advocacy. They try to understand the causes of preventable amusement ride accidents and injuries, and effectively communicate that information to interested consumers, industry members, and governments. They are a consumer advocate group in setting standards and regulations that protect the public safety, with a special emphasis on children.  Click here to read the editorial from Kathy Fackler on Regulatory Roulette. The founder of Sparks gives a candid insight into the inconsistencies around the country on government regulations. Over regulation is not necessary, however, safety protocols should be in place so that they are not drastically different from one state to another.

Here is a quick theme park safety fact, as of 2006, the Consumer Product Safety Commission ceased publication of statistical data on injuries associated with amusement rides.  The International Association of Amusement Parks and Attractions, IAAPA, the largest international trade association for permanently situated amusement facilities worldwide and is dedicated to the preservation and prosperity of the amusement industry.  According to their website, they oppose Bill # H.R. 2320 that set out to restore the jurisdiction of the Consumer Product Safety Commission over amusement park rides which are at a fixed site, and for other purposes. I wonder why they could possibly oppose such a bill? You can read the upbeat stories on their site about Amusement Park injury statistics that sound positive. The site has an interesting study by the National Safety Council on the 2006 Fixed-site Amusement Ride Injury Survey. However, the site does not include studies on deaths at the Amusement Parks. It may be hard to put a positive spin on such a gruesome topic. Enter theme parks at your own risk and be careful.  The goal of the amusement park is to provide a fun place where people come, have a good time and spend money. The theme park's goal is to make as much money as possible, in hopes of making huge profits. There is nothing wrong with a corporation making a profit, as long as it is not at the expense of innocent patrons.

As a Personal Injury Law Firm, LaBovick & LaBovick, P.A., our attorneys help injured victims or family members suffering the loss of a loved one due to negligence, wrongful death, or liability find possible answers to personal injury questions. Visit the firm website,  LaBovick.com,  to learn more about personal injury.

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In West Palm Beach, a wrongul death case between a distracted driver using a cell phone and a widowed stay-at-home father, for the death of his wife was settled in court with a jury verdict of $21.6 million.

The accident happened in 2004, when the defendant, Shelia Hulick was involved in a deadly car wreck that took the life of Lesley Beers, wife and mother of two small children. Sheila was reportedly distracted by talking on her cell phone. The widowed husband,  Stephen Beers filed a wrongful death lawsuit against Sheila Hulick and the corporation that owned the company car she was driving when Hulick was involved in a rush hour crash that killed his wife. 

The defense allegedly turned down a $12 million settlement offer, that being the case, Florida law allows the Plaintiffs to recover the estimated millions that was spent in attorney fees and court costs preparing for the trial.  Time will tell if the defendant's attorneys will file an appeal contesting this large wrongful death verdict.

Click Here to read more on th story from the Sun Sentinel.

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HYPOCRISY!!!! 

Our Corporatist Party President and his team of cronies consistently blame  “Trial Lawyers” for the ills of America. Yet the moment they are inconvenienced in any way, they run to the court system, hire a multi-office gigantic law firm and sue anyone in their way. Well I am sick of it. The time has come to call them on their own hypocrisy.

What am I rambling about? I am talking about the case Bork v. Yale Club, 07-cv-4826, U.S. District Court, Southern District of New York. A frivolous lawsuit that conservative jurist, failed Supreme Court Nominee, and author of the ultra-conservative, The Tempting of America, The Political Seduction of the Law, Robert Bork filed against the Yale Club for an amount in excess of $1,000,000.00. (Yes, I know Bork is not an official part of this administration, but he is a part of the Corporatist Party taking control of my Republican Party; I can't help but dislike him as well, and this lawsuit didn't help.)

What happened? Mr. Bork was asked to speak at the Yale Club. On his way up to the podium he tripped and bumped his leg. He proceeded to get up on stage and give the speech.

Mr. Bork felt that the Yale Club was obligated to create a small step and handrail for him to use when getting up on the podium. The injury was worth “in excess of” $1,000,000.00 to Mr. Bork, who I am sure feels any inconvenience in his life is worth more then $1,000,000.00.

Isn’t it amazing how many conservatives are willing to ditch their “principles” the minute they are inconvenienced. Not even injured, but merely inconvenienced. Somehow these people rationalize that they are exempt from their own philosophical views of life. Mr. Bork was a member of The American Enterprise Institute. This organization is engaged in the tort "reform" movement. They sit around and espouse how America is being terrorized by an onslaught of frivolous lawsuits. In fact I remember Mr. Bork comparing the Tort System and Plaintiff’s lawyers to pirates stealing from merchants on the high seas.

Continue Reading...

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The personal injury protection debate continues. A  local doctor from South Florida has entered the debate on whether to keep personal injury protection Insurance in Florida. In a recent article in The Pensacola News Journal he gives a laundry list of why the PIP insurance is needed. Some of his reasons are valid and have merit. A few weeks ago, a hospital association raised some of the same issues. The health care industry may see a trend the PIP opponents may be missing. This may have something to do with their experience in treating the injured after accidents. On another token, they could be looking out for their own financial interests. There is an old proverb that says "Only a man knows what is in his heart".

Whether or not you want to believe that many people will suffer if this PIP insurance goes away, is a personal choice.  However, we all know there are millions of people in Florida and across the country that do not have health care insurance. Over the years, the PIP insurance has allowed injured people to get medical treatment after an accident. In the case of the uninsured injured accident victims, they would be forced to go without medical attention, because they could not afford it. The PIP insurance has been around since the 70's and has allowed the masses to protect themselves and family members injured in accidents regardless of fault. Over the years, the $10,000 cap in medical, loss of pay has come in handy to those Floridians without health insurance.

Time will tell how the sizzling debate on whether to continue the Personal Injury Protection insurance in Florida turns out.  The LaBovick Injury Law Blog will continue to update readers on this critical subject with future posts.  Stay tuned...

 Click Here to read more from the Pensacola News Journal.

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The Oklahoma Supreme Court ruled that Dish Network was not liable for injuries sustained by an Oklahoma homeowner.  According to a recent ruling, the company owes no duty of care to a homeowner who fell from the roof while trying to repair a satellite dish. The company informed the homeowner, that the repairs were her responsibility, and then gave directions on how to make the repair. The homeowner, Jo Ann M. Lowery, suffered injuries to her left leg and back when she attempted to repair the satellite dish on the roof of her garage. Ms. Lowery filed a negligence action against Dish Network, alleging the company is liable for her injuries because they refused to repair its equipment and directed her to make the repairs.

Click Here to read more of the Oklahoma Supreme Court ruling

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Firm Overview

The law firm of LaBovick & LaBovick P.A., is committed to the pursuit of justice for victims harmed by the willful or careless conduct of others and whistleblowers who valiantly bring evidence of wrong doing against their employers to the surface. Our single focus is to get clients the results they deserve. We offer a free initial consultation to discuss a case and will always provide our honest opinion about the case in light of the facts, case law, and our experience.

We leverage resources including an experienced staff, investigators, experts and consultants to achieve results for our clients that we represent. We accept cases on a contingency fee basis. If there is no recovery, the client will not be charged a fee.

We utilize state-of-the-art technology and cost-effective methods to provide services in a timely, client-oriented manner. Our technological advancement allows us to track all the information we need to handle cases successfully. This technology allows us to provide clients with case updates and recent developments immediately.

Our law firm has earned an "AV" rating from Martindale-Hubbell, the well-known law directory service. The AV rating is the highest rank conferred by Martindale-Hubbell and reflects both professional ability and high ethical standards. Martindale-Hubbell ratings are based on confidential surveys of other attorneys and judges.

Our Practice Areas Include:

Serious Personal Injury
Wrongful Death
Defective Drugs
Product Liability
Mass Torts
Medical Malpractice
Employment Law
Workers Compensation

Our Attorneys prosecute cases to the fullest extent to obtain the justice and compensation that our Clients deserve.

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