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

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

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks