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

We are asked about wrongful death matters every week.  Sometimes it is a question about a tragic and recoverable case.  Other times it is simply confusion over the law and what happens when someone dies.  

Let’s separate out a few instances.  First when someone dies it is typically not another parties fault.  There are hundreds of reasons why people die but we can put them into two basic categories: natural cause and disease.  When that happens either the person has a will, in which case you go to a division of the County Court called Probate Court and open up "an estate" (that the name we call the 'action) and pass on the deceased persons assets through the directions left in the will.  If the person dies without a will, in that case the state has set up rules for the court to follow to pass on the assets and pay off the deceased person's debts. That is called dying "intestate".  To get the job of passing along assets and paying off debts done right most people hire an attorney.  The cost of the attorneys help is usually related to the amount of assets which need to be distributed.  It makes sense that the more stuff and money there is to pass on, the more the legal fees will be to administer that open court proceeding called the estate.

If a person dies because of another person’s negligence then you still open up an estate with the Probate Court. Yet, that estate may, in fact usually, have the right to collect a money judgment against the person or entity that caused the death.  Also, the decadents loved ones may also have a right to collect for that death.  This right is called a wrongful death claim.  It is controlled by Florida Statute 768.21.  The estate itself has some rights to recover money, and each allowed dependent under the statute has a right to collect.  Some of the things these people or estate can collect are lost earnings and lost support of the person who died as well as mental pain and suffering.   

There are some crazy exceptions to these rules.  This is especially true in medical malpractice cases.  Interestingly that statute defines "minor children" as under the age of 25. Also prohibits malpractice in cases without applicable dependents, like a spouse or minor child.  So the rules are tough to follow if you're not familiar with both the malpractice statute and the wrongful death statute (and the number of court decisions which go along with it!!).

The other big issue in these cases is the short statue of limitations, which can be as short as a year to bring your case to court!  It is no wonder people call confused.  It is a confusing area of law.  If you have any questions remember to call an attorney who does the following: A) provides a free in office wrongful death consult with an attorney, not just a paralegal.  B) Takes all wrongful death cases on a no risk contingency fee basis. That means no fees or costs if you don't win money. C)  Has attorneys on staff that is familiar with and have completed estate cases. D) Have attorneys on staff who are board certified trial lawyers.

LaBovick Law Group is a talented group of well established trial attorneys who are ready to handle your wrongful death needs.

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What actually constitutes a wrongful death case? As the term states, wrongful death means that somebody died wrongfully through the negligence of some action that occurred, whether it be a car accident, a premises liability situation, a boating accident, a medical malpractice case, or a product liability, it’s due to the negligence of the defendant or another party.

Important Actions One Should Take

Like all other personal injury cases, hiring a lawyer as soon as possible is crucial and actually more important than any other type of legal matter. The reason is that wrongful death cases have a two year statute of limitations in the state of Florida versus a four year statute of limitations for most other types of negligence cases. The reason that you need to get an attorney involved as soon as possible is not just because of the statute of limitations, but also to handle such matters as preservation of evidence, gathering witnesses, hiring of experts, to gather data and evidence necessary to see if you can prove the case.

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Every car company recalls their cars.  They don’t like it, but they do it because of their fear of being sued in a massive action for wrongful death.  So, General Motors (GM) is no exception to that rule.  Last month they issued two recalls.  The first was a 1,700 car recall due to their failure to meet federal safety requirements.  The requirement was a big one: the Occupant Crash Protection requirement number 208.  This recall was related to Chevrolet Express and GMC Savana automobiles manufactured between the summer of 2011 (6/2/2011) through the fall of that year (10/17/2011).  Some of the vehicles have a defective second stage airbag issue that caused the airbag to fail under certain circumstances, including front end collisions.  Don’t mess around with an airbag defect.  You will need that airbag if someone blows a red light or stops short on the highway!  This recall started last year in November or December and will continue through getting all the cars repaired at no cost to the owners.  If you have questions, please contact the General Motors Company (800)462-8782 or Chevrolet at (800)222-1020. You can tell them that you’re calling about NHTSA ID Number: 11V543000.

The second recall was for a seat belt problem in 5200 cars.  The same safety rules (Safety Rule 208) were violated when they manufactured the seat belt warning device, which did not have the proper electronic connections when the seat belt buckles were fastened.  This defect is apparent on the GMC Canyon and Chevrolet Colorado vehicles.  The time period that the seat belt defect occurred was short, between September 9, 2011 and October 19, 2011, but it involved a LOT of vehicles.  So, if you have either a Canyon or a Colorado, get it checked.  The repair is free and your seat belt may save your life someday.  If you have any concerns about whether your vehicle fits this recall lot please contact GMC at (866)996-9463 or Chevrolet at (800)630-2438 for NHTSA ID Number: 11V552000.

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The San Francisco Bay Area Rapid Transit (BART) settled a wrongful death suit with the mother of Oscar Grant for $1.3 Million.  On January 1, 2009, Oscar Grant was killed on a BART train platform by BART officers.

Published reports show that BART Officers shot 22-year old, Oscar Grant as he was lying face-down, on the station. It was later determined by Cell phone video that Grant was unarmed and was shot by a BART officer that was reaching for his taser but drew his gun by mistake.

The officer involved in the shooting was convicted of involuntary manslaughter and given a two year sentence. He has since been released on good behavior, after serving 11 months of the sentence.

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Seeking damages for wrongful death in the state of Florida can be a tricky proposition. Although wrongful death suits in some states are decided entirely by juries, the Florida legislature has outlined specific guidelines concerning who is eligible for compensation in the event of a wrongful death. These guidelines are enumerated in the Florida Wrongful Death Act, which is outlined in Florida statutes 768.16 through 768.26. Specific information about who will be entitled to damages in the event of a wrongful death can be found in statute 768.21. However, there are several surprising exclusions within that statute.

Who is Eligible and What is Recoverable?

As highlighted in Florida statute 768.21, there are very specific guidelines concerning who is eligible for compensation in the event of a wrongful death in the state of Florida. A wrongful death refers to an accidental death that has been caused by someone else's negligence. The responsible party may be an individual or a corporation. When such a death occurs, a personal representative of the decedent may hire a wrongful death attorney to seek damages. The personal representative is typically a surviving family member. In addition, the estate of the decedent may be able to recover damages in certain cases.

A Fair and Balanced Statute - Or Is It?

Within statute 768.21, specific information regarding who is entitled to damages in the event of a wrongful death is outlined. At first glimpse, the Florida Wrongful Death Statute reveals a fairly balanced list. It outlines how surviving spouses, parents and children are deemed eligible for compensation when a wrongful death occurs. With the  help of an attorney,  those individuals may go to court to try and recover damages due to a wrongful death. There are a few gaping holes in the statute, though, that excludes some survivors from receiving damages.

Surviving Parents and Adult Children are Excluded by Florida's Wrongful Death Act

In Section 3 of the Florida Wrongful Death Statute 768.21 adult children of a decedent are excluded from seeking damages, if the decedent has a surviving spouse. In Section 4 of the Wrongful Death Statute, surviving parents are excluded from seeking damages, if the decedent has a surviving spouse and/or children. In Section 8 of the Wrongful Death Statute there are several exclusions for cases of medical negligence. In the case of a loss of a parent through medical negligence, adult children may not seek damages; in the case of a loss of an adult child due to medical negligence, surviving parents may not seek damages.

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Takeoffs can be the most fun part of flying. . . . However, they are also the most dangerous. Yesterday the tragic plane accident involving a small aircraft, Piper PA-44, at Palm Beach International Airport shows the importance of a proper and thorough pre-flight inspection.

The four people on-board were taking part in a flight school training exercise en route back to Melbourne from the Bahamas. Reports show that a flight instructor, three Florida Institute of Technology Students and one passenger were on-board. It is rumored the tail of the small plane may have become dislodged during takeoff. We will not know the true cause of the crash until a full investigation is conducted.

All pilots are taught to do a complete pre-flight inspection of their plane. This includes inspecting the aircraft for cracks, dents, and any other damage to the aircraft, as well as making sure you have enough fuel and oil in the engine. If during the pre-flight inspection you detect a problem that causes concern, safety should be the decision of choice.

As a licensed and active pilot for several years, I understand firsthand the thrill of takeoffs and flying. When I was training for my pilot’s license one caveat that sticks with me to this day is: “I’d rather be on the ground wishing I were up there, instead of being up there and wishing I were on the ground.”

Click on the following links to read more about the Palm Beach Small Plane Accident:

Three Killed, One Injured in Palm Beach Plane Crash

Small plane crashes at Palm Beach airport, three dead, one severely injured

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In an unusual negligence case, a judge rules that a case involving a 4-year old on a bicycle and an elderly woman can proceed. The case happened two years ago in Manhattan. Two 4-year olds, riding bicycles with training wheels on a New York Sidewalk, struck down an elderly 87-year-old woman, who died three days later as a result of injuries. According to court documents, the two children were under the supervision of their parents at the time when the tragic incident occurred.

The Judge presiding over the case, Justice Paul Wooten, cited cases dating back as far as 1928, that the young girl, racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence. He stated the following after the defense attorney tried to argue that the child should not be held liable since her parent was present.

“A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there.

The crucial factor in this case is whether the parent encourages the risky behavior; if so, should the child be held accountable? This is a unique case that stirs controversy for both sides. It will be interesting to see what a jury will find, if the case does not settle before trial. The court of popular opinion is split down the middle. How can you hold a child so young, responsible for this tragedy?
 
Click on the following link to read more on the story from the New York Times "  4-Year-Old Can Be Sued, Judge Rules in Bike Case

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We can’t stress enough, the importance of how seatbelts can save lives in car accidents.  On Sunday morning, two cars collided in a traffic intersection at Sunnyvale. Sadly one woman died and two teen girls were taken to the hospital for injuries.

The accident occurred when a pickup truck collided with a sedan. The driver of the pickup truck was the only person not wearing a seatbelt. Paramedics responding to the crash, pronounced the driver of the pickup dead at the scene. The two teen passengers, both wearing seat belts, were transported to Stanford University Hospital. However, not wearing a seat belt could have caused the fatality, police believe. "Potentially, this could have been a survivable collision," According to Police Office

Statistics show that people involved in accidents wearing seatbelts have a greater chance of survival.
 

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The family of a woman killed while riding her bicycle was awarded a $2.4 million settlement in a wrongful death lawsuit. Their goal is to prevent more tragic bike accidents from happening.  

The bicycle accident occurred when 54 year old, Deborah Johnson,  was bike riding with a friend on a Sunday afternoon in July 2007. Deborah Johnson struck her head after being thrown from her bike. She died two later in Stanford University Medical Center.

The husband of Ms, Johnson, John Gerrity, told the media that her friend saw her fall from her bike after hitting an object in the bike lane. The object that caused the fall was a flat black octagonal rubber base of a "candlestick" delineator that had become separated from its plastic orange pole. This tragic accident could have been avoided.  A few days prior to the bike accident, road workers had just completed paving the road. Dividers were set up to mark the bike lane. The divers were removed after the bike crash.

The California Injury Lawyer's Blog by Howard | Nassiri, PC mentions the following in their post on the tragic bicycle accident:

The Manual on Uniform Traffic Control Devices says that raised pavement markers and posts should not be used to separate travel lanes from bike lanes. The federal manual noted that raised devices are a bicycle crash hazard. Gerrity, who has researched traffic safety practices and codes since his wife death, says that after a road is repaved it is standard practice to leave it unmarked while the asphalt is drying. After that, a temporary line or strip is painted onto the road until permanent markings are created.

Bicycle Safety Tips

As a Florida Personal Injury Law Firm, we encourage all bike riders to exercise caution while on the roadway. Safety on the roadways is important to saving lives. The NHTSA produces a Bycycle Traffic Facts Data Sheet  The 2008 Bycycle Traffic Facts Sheet lists all Bicycle Traffic fatalities by state. Florida leads the nation in  Bicycle Traffic Fatalities. The top three states basd on bicycle traffic deaths are:

• Florida – 125 bicycle deaths
• California –  109 bicycle deaths
• Texas – 53 bicycle deaths

In Florida, a Bicycle Safety Advocate and a local blogger developed a "collision database" to track the least safe areas to ride bicycles in Miami. Transit Miami documents crashes that often prove fatal in and around Miami.

The Ohio Bike Lawyer Blog by Attorney Steve Magas provides excellent commentary on Bicycle Safety and Legislation. He is an avid bicyclist and safety advocate. 

The National Highway Traffic Safety Administration NHTSA provides an excellent list of bicycle safety tips that can be used for all ages.  A few highlights from their list include:

• Go With the Traffic Flow. Ride on the right in the same direction as other vehicles. Go with the flow – not against it.
• Obey All Traffic Laws. A bicycle is a vehicle and you’re a driver. When you ride in the street, obey all traffic signs, signals, and lane markings.
• Yield to Traffic When Appropriate. Almost always, drivers on a smaller road must yield (wait) for traffic on a major or larger road. If there is no stop sign or traffic signal and you are coming from a smaller roadway (out of a driveway, from a sidewalk, a bike path, etc.), you must slow down and look to see if the way is clear before proceeding. Yield to pedestrians In crosswalk.
• Be Predictable. Ride in a straight line, not in and out of cars. Signal your moves to others.
• Stay Alert at All Times. Use your eyes AND ears. Watch out for potholes, cracks, wet leaves, storm grates, railroad tracks, or anything that could make you lose control of your bike. You need your ears to hear traffic and avoid dangerous situations; don’t wear a headset riding.
• Look Before Turning. When turning left or right, always look behind you for a break in traffic, then signal before making the turn. Watch for left- or right-turning traffic.
• Watch for Parked Cars. Ride far enough out from the curb to avoid the unexpected from parked cars (like doors opening, or cars pulling out).
  
   

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It is always sad to read about tragic accidents. On May 31, a 20 year old Wellington Resident  was having fun visiting Orlando with a group of friends from South Florida. Unfortunately, at 2:50 am, she was a passenger in a Lexus SUV on the Florida Turnpike near Orlando, when her friend lost control of the vehicle. The Lexus SUV rolled over twice, after hitting the guardrail, and ejected passenger Shanique Corbett from the vehicle.

Ms.Corbett died from injuries sustained in the Rollover accident. The driver, 20 year old, Emmylee A. Rousseau, 20, of Pembroke Pines. suffered serious injuries in addition to a 17 year old passenger.  According to reports, other passengers in the vehicle suffered minor or no injuries.

When someone dies in a car accident it is always a travesty. The first question that is asked is what caused the accident? Followed by could the accident have been avoided? Were the people wearing seatbelts? Was alcohol involved? Was it a mechanical or human error that caused the accident?

Investigators are investigating the Orlando SUV accident that killed 20 year old Corbett, who unfortunately was not wearing a seatbelt, according to published reports in the Palm Beach Post. The next question is would she have lived, if she were in a seatbelt at the time of the Rollover? We will never know the answer to that question. 

However, we can promote the message that wearing seatbelt is required in Florida for drivers and passengers because they help save lives.  The following are Florida Seatbelt Safety  Stats published from the organization Florida Students Against Distracted Driving (SADD) based on info from the 2007  National Highway Traffic Safety Administration (NHTSA) and the FL Dept. of Highway Safety and Motor Vehicles.

Florida Seatbelt Safety Stats:

• Every hour, someone dies in America simply because they didn't buckle up.
• Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior.
• Back seat passenger who do not wear seat belts are three times as likely to die or have serious injuries as passengers who wear a rear seat belt.
• Passengers up to the age of 18 must be belted when in either the front or tear seat of a vehicle.
• All front seat occupants must buckle up, even if the vehicle is equipped with an air bag.
• The driver is held responsible for passengers under 18 years of age who are not buckled up.
• Passengers 18 years of age or older may be individually fined if they are not buckled up.

Our deepest sympathies go out to the family and loved ones of Shanique Corbett. We strongly encourage all drivers and passengers to buckle up. It is the law in Florida and it can help save lives.

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Toyota Motor Corporation (Toyota) has suffered another blow to its already tarnished safety record. Following a Consumer Reports “Don’t Buy” warning, the carmaker issued a temporary sales halt on April 14 for its 2010 Lexus GX 460 luxury sport-utility vehicle. Consumer Reports found the popular SUV to be a “safety risk” due to its susceptibility to flip over in certain situations.

Tests of the SUV by Consumer Reports found that the rear of the vehicle was prone to slide out during sharp turns or other emergency maneuvers, despite an electronic stability control system seemingly designed to prevent such occurrences. As a result, Consumer Reports found the SUV susceptible to potentially life threatening rollover accidents.

“We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death,” Consumer Reports noted on its Cars Blog about the situation. “As a result, we are urging consumers not to buy the GX 460 until the problem has been fixed.”

Julia Piscitelli, a spokesperson for a division of the Transportation Department, advised drivers of the Lexus GX 460 to "use care and caution. Drivers of all vehicles should avoid excessive speed and aggressive maneuvering in order to maintain control of their vehicles."

The Los Angeles Times reports that the National Highway Traffic Safety Administration is planning to review the findings of Consumer Reports.

Don't Buy: Safety Risk--2010 Lexus GX 460 – Consumer Reports

Toyota temporarily halts sale of Lexus GX 460 SUV – Los Angeles Times

Lexus GX 460 Sales HALTED: Toyota Responds To ‘Don’t Buy’ Warning From ‘Consumer Reports’ – The Huffington Post

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Additional fines may be imposed against Toyota Motor Corporation (Toyota) , by U.S. safety regulators, for failure to promptly take action to fix the sticky accelerators. This would be in addition to the historic $16.4 million penalty imposed by the National Highway Traffic Safety Administration (NHTSA) on the automaker, April 5, that we discussed previously on the Injury Law Blog.  The NHSTA noted that the fine would have been $13 billion if not for caps set by U.S. law.

Automakers are required by law to inform regulators about a safety defect within five days of its discovery. Toyota’s records indicate that the automaker issued repair notices for sticking accelerators in Europe and Canada in September, but waited until January to take action in the United States. The possibility of this new penalty comes in response to an ongoing review of Toyota’s documents by NHTSA that indicates there were two separate defects in the recalled pedals.

United States District Judge James V. Selna in Orange County, Calif. will handle the trial, including important pretrial decisions such as deciding what documents and materials Toyota will need to provide as evidence.

According to an investigative Associated Press article, Toyota has a reputation of withholding documents and using evasive legal tactics in previous product liability, personal injury and wrongful death cases. A prime example is a product liability case in Colorado involving a young girl s killed in a 4Runner rollover crash. Court records show that a federal judge ordered Toyota to produce documents about internal roof strength tests. Unfortunately, the jury ruled in favor of Toyota, since they were not privy to important documents that may have helped shape a different opinion.

A former Toyota attorney, Dimitrios Biller and Whistleblower, accuses the automaker of  withholding evidence in former rollover cases. Rep. Edolphus Towns, D-N.Y., chairman of the House Oversight and Government Reform Committee, found many of  Biller's claims to be substantiated after reviewing some of Biller's still-undisclosed records. It is important to note that Rep, Edolphus Towns, had to subpoena Biller's records.

Toyota now must decide whether to appeal the initial fine or not. According to NHTSA Chief Counsel O. Kevin Vincent,

"If Toyota will not agree to pay the demanded penalty, NHTSA will refer this matter to the U.S. Department of Justice with the recommendation that the Attorney General commence a civil action in federal court ."

It is hard to believe that the previous largest fine was against General Motors Company for only $1 million. Surprisingly, this fine was for not promptly recalling  windshield wipers in vehicle model years 2002-2003.

US regulators consider 2nd fine against Toyota – Reuters 

AP IMPACT: In Toyota cases, evasion becomes tactic – Associated Press

Toyota Acceleration Suits Combined in California Federal Court – Bloomberg 

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The Safety Record of mine owner, Massey Energy Company is coming under fire after the recent tragic coal miner deaths at Upper Big Branch mine in West Virginia. Authorities are checking into whether the explosion on Monday could have been prevented, considering several recent evacuations from the mine because of high methane levels  and the mine owner’s prior safety record, Rescue workers are currently removing explosive methane gas from the coal mine.

The Massey Energy Company, the biggest coal mining business in central Appalachia and the owner of the Upper Big Branch mine, is no stranger to scrutiny over its environmental and safety record. In 2008, Massey Energy Company paid a $20 million fine for clean water violations. This was the largest fine of its kind levied by the Environmental Protection Agency.  Also in 2008, A Massey  subsidiary paid what federal prosecutors called the largest settlement in the history of the coal industry after pleading guilty to safety violations that contributed to the deaths of two miners in a fire in one of its mines.

In March 2010, the Mine Safety and Health Administration cited the Upper Big Branch mine for 53 safety violations. The number of citations from 2009, more than doubled, to over 500, from 2008, and the penalties proposed against the mine more than tripled, to $897,325.

The cause of Monday's blast is under investigation. However, many ask the question how could a tragedy of this magnitude occur after such stricter Federal laws were put in effect after the 2006 mining disaster?  Massey Energy and its chief executive, Don L. Blankenship, is under the spotlight.  Could the company have prevented this recent tragedy with more safety precautions in place for employee safety? Investigations are underway and all eyes are on Massey Energy and the Virginia Upper Big Branch mine. Time will tell what was the cause of this tragedy and if it could have been prevented. 

Click on the following links to read more on the

Deaths at Virginia Mine Raise Eyes on Safety - NYT
Safety violations posted at Massey mine - Richmond Dispatch
 Mine Rescue Continues as Owner Faces Questions - NYT
Deadly West Virginia Mine Blast Stuns Experts - NPR
 

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As pedestrian, Deborah McDonald, walked home from celebrating the arrival of her first check, a car struck and killed the Ohio Lottery winner. According to the Ohio Highway Patrol, the vehicle struck McDonald in the evening, as she walked along a road after leaving the bar.

The 47-year-old Crystal Rock, Ohio resident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.  

An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12. 
 

Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.

According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.

McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians. 

The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.

 Click on the following link to read the 2008 Traffic Safety Facts Data Sheet by the NHTSA.. :

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According to the Illinois Supreme Court,  a judgment against the insurer, Addison Insurance, for the accidental deaths of  teens Everett Hodgins and Justice Carr at an excavation site constituted separate "occurrences" under the property owner's $2 Million liability insurance policy.

The plaintiff, Addison Insurance Company, brought a declaratory action in the circuit court of Will County against the defendants, the estates of teens Everett Hodgins and Justice Carr who were injured as a result of an Addison policyholder’s negligent maintenance of its property. The insured’s liability is not at issue in this case. Rather, this court is asked to determine whether the injuries to the boys constitute a single or multiple occurrences under the terms of Addison’s insurance policy.

Sadly, the $2 Million dollar policy will not bring the two teens back from their tragic death, but the parents will have closure in this horrible tragedy that took place on April 30, 1997.

Click here to read the ful text of the Supreme Court Opinion.

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A Maryland family was awarded $4 million in the drowning death of their 5-year-old son,  Conner Freed, at Crofton Country Club. According to the Baltimore Sun, Hunt Valley-based DRD Pool Service Inc., the club's pool management company, was found negligent for failing to adequately train its lifeguards and properly staff the pool. It was ordered to pay Thomas Freed and Debra Neagle Webber $2,000,076 each - the 76 dollars serving as a symbol of Connor Freed's birthday, which was July 6. 

A 16-year-old lifeguard, who had been on the job for three weeks, was on duty when Connor was found floating in the country club's outdoor pool about 4:30 p.m. June 22, 2006. He had been swimming at the pool with a family friend and two other children. 

A Maryland state law caps jury awards in wrongful-death cases at $1.3 million, meaning the judgment awarded by the jury could be significantly decreased. Let's hope this stern verdict sends a warning to companies responsible for protecting our safety at community pools.

The family is calling for legislation that calls for a ratio of one lifeguard per 25 swimmers. Currently in Anne Arundel County, one lifeguard is required for every 50 swimmers. They have established a foundation in the honor of their son, Connor Cares.org

The Maryland Accident Law Blog cites a few chilling statistics on Children and Drowning incidents:

• Drowning is the second cause of injury-related deaths for kids ages 14 and under.
   In 2004, 3702 children (ages 14 and under) were treated in emergency rooms after nearly drowning. (USA Safe Kids.org)
• 40% of these near-drowning incidents took place in swimming pools. (USA Safe Kids.org)
• 19% of drowning deaths involving children occur in public pools with certified lifeguards present.  (Drowning Prevention Foundation).
• In 2000, there were 3,482 unintentional drownings in the United States; that's an average of nine people per day (U.S. Centers for Disease Control and Prevention).
• A swimming pool is 14 times more likely than a motor vehicle to be involved in the death of children 4 years of age and under (Orange County California Fire Authority).
• Children under five years of age and adolescents between the ages of 15-24 have the highest drowning rates (U.S. Centers for Disease Control and Prevention).
• Of all preschoolers who drown, 70 percent are in the care of one or both parents at the time of the drowning and 75 percent are missing from sight for five minutes or less (Orange County, CA, Fire Authority).
• The majority of children who survive (92 percent) are discovered within two minutes following submersion, and most children who die (86 percent) are found after 10 minutes. Nearly all who require cardiopulmonary resuscitation (CPR) die or are left with severe brain injury (National Safe Kids Campaign).

After reading drowning statistics for children it makes one realize that water safety is crucial for children. If you are a lifeguard or parent with small children, please take every precaution not to leave a child unattended in a pool for even a few minutes. Take all the necessary precautions and protect the safety of a child swimming.

Click here to read more on this case from the Baltimore Sun.

Resources:
ConnorCares.org
USA Safekids.org 
Poseidon.com
Drowning Statistics and Fact Sheet

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A school bus struck a bicyclist near Lake Calhoun this morning, tragically killing the bicyclist. The bus driver was unhurt. and there were no students on the school  bus. The driver was being tested for drug and alcohol use, Schumann said, which is common procedure. 

This incident occurred in Minnesota, but it can happen in anytown USA. Since School is back in, we must use more safety precautions when driving on the road. This goes for everyone, school bus drivers, car drivers, truck drivers, bicyclists and anyone operating a motor vehicle.

In 2006 in Minnesota, there were 625 crashes involving school buses, the state Office of Traffic Safety reported. According to Florida's most recent data on crashes involving school buses, a 2005 report showed an annual figure of 925 crashes involving school buses. This is a significantly smaller number than the 200,000+ regular accident crashes in Florida. 

Use caution when driving on the road. Be safe and Be adequately insured.

Click Here to read more from the Star Tribune regarding the recent school bus crash in Minnesota.

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An AP news story from the Pittsburgh Tribune-Review, mentions a tragic case involving a 17 year old driving drunk after working a 16 hour shift at a hotel. He worked as a dishwasher and waiter at the hotel.

The parents of a teen killed in a car crash after working an extended shift sued the Pennsylvania hotel where he worked. The lawsuit alleges the owners of the Ramada Inn of Historic Ligonier were negligent when they allowed 17-year-old Sean Nemcheck to work 16 hours, have access to alcohol while working and then drive home drunk.

My question for the hotelier is "What were you thinking, by allowing this underage minor to drink at your hotel?  Further, have you not heard of child labor laws?

This is outrageous. I hope that this company is held up as an example in their punishment for their actions.

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A  Jury  awarded a family nearly $45 million in a Florida truck accident, wrongful death and personal injury case near Orlando, Florida.  On Feb. 20, 2006, Carla Bryant, was driving her daughter and daughter's best friend, when a commercial-sized truck turned in front of her 1998 Ford pickup. The two little girls ages 8 and 9 died later in the day after being involved in the truck crash.

Their is no amount of money that can bring back the family's little girl. There is some solace and comfort in knowing that the commercial truck company was held accountable for their driver's actions. Congratulations to the Jury for doing the right thing for this family.

This comes a day after, A federal appeals court threw out a Bush administration decision to allow long-haul truckers to drive for up to 11 hours straight. For 60 years, truckers could drive for 10 hours at a time. The Federal Motor Carrier Safety Administration has been trying to change the rule to allow truckers another hour of driving time.

Click Here to read the Opinion in: Owner - Operator Independent Drivers Ass'n, Inc. v. FMCSA, 06-1035 (D.C. Cir. July, 24, 2007).

I do not know if the driver of the commercial truck that was involved in the Florida truck crash last year was tired or just lost control.  However, with the new ruling from the federal appeals court, the rules are 10 hours or less on the road. It should help with safety. Let's hope.

One thing for sure, Parents Against Tired Truckers applauded the court's decision.

The Private Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  Visit our firm website at www.LaBovick.com for more injury information

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Wal-Mart Stores Inc. has settled a wrongful death lawsuit claiming a pharmacist at a Frederick store sold a too-strong insulin drug to a diabetic man who died after taking it. Terms of the settlement reached during a mediation session in Baltimore were kept confidential. 

The case was settled amicably, with no admission of liability or fault by anyone.

I guess the shareholders were happy with the wrongful death settlement, Walmart shares rose 1.15 to $48.83 on the day of the settlement.  They closed the week out over $49.00 a share. Hopefully the family received a respectable settlement for their tragic loss of their family member. Regardless of how much money they received, it will never bring back their loved one.

Click here to read more of the story in an Associated Press article.

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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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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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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A North Dakota Supreme Court recently ruled that a Good Samaritan Statute does not protect a Dr. Khoka with immunity for voluntarily performing surgery during a medical emergency at his hospital, Mercy Medical Center. Dr. Khoka had been in the lounge waiting to perform a scheduled surgery on his own patient. The primary doctor came out of the surgery and asked Dr. Khoka to assist with the kidney removal. As a good Samaritan (no pun intended) he scrubbed up and proceeded to assist with the emergency surgery. Unfortunately, for the patient, the surgery did not prevent her from dying the next day.

On a side note: Why do things like this never happen on Gray's Anatomy? Doctors are always assisting with emergency surgeries. I guess if they brought more of this into the show, it would be too real and ratings would suffer. Another thing to mention is that the patient died after being moved to another hospital. It will be interesting to see how this case evolves.  I wonder if Dr. Khoka is asking himself, does it pay to be a Good Samaritan?

Click Here to read more of the Chamley v. Khokha, 2007 ND 69 Supreme Court Decision.

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