- Ed Normand | September 30, 2007 9:38 PM |
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MiscellaneousUnfortunately the Florida Bar has had to suspend the practice of another Orlando area lawyer handing social security personal injury cases and other civil matters. Juan Carlos Gautier, who has been practicing for 10 years, was suspended based on several Florida Bar inquiries from 2004 to 2006. The Bar also censured the attorney for sending his client's cases to other lawyers to handle...
- Ed Normand | September 30, 2007 9:24 PM |
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Automobile AccidentsAn early morning crash on September 30 resulted in the death of the 33 year old driver. The woman lost control of her Lexus and struck a tree. She died at the scene. According to the Highway Patrol she was not wearing her seat belt and died from injuries sustained in the auto accident. This is another example, sadly, of the importance of wearing a seat belt. Even in today's safer high end...
- Sandy Grinnell | September 30, 2007 10:15 AM |
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Wrongful DeathAn Anne Arundel County jury found DRD Pool Service Inc. negligent in the drowning death of the 5-year-old boy at the Crofton Country Club. The pool service was responsible for the safety and security of the swimmers at the pool by supplying the lifeguards. The jury decided the defendent was negligent in providing the proper training for their personnel and did not supply enough lifeguards. ...
- Ed Normand | September 28, 2007 5:21 PM |
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Defective & Dangerous ProductsConsumers need to know about dangerous cribs on the market that have reportedly caused death and injury to numerous children. The products are sold under the Simplicity Inc. and Graco brand names. If you have a Simplicity or Graco crib injury you should report it to federal Consumer Product Safety Commission.There have been reported cases of 3 death of children, 7 children that were trapped...
- Ed Normand | September 28, 2007 1:27 PM |
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Medical MalpracticeIt is frightening to examine the number of injuries and death from medical malpractice. The Institute of Medicine, a highly respected source of medical science information, determined that preventable medical malpractice and negligence is the number eight highest cause of death in the U.S.. According to the study, medical malpractice is a factor in over 98,000 deaths each year in the...
- Diego Madrigal | September 28, 2007 9:50 AM |
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MiscellaneousA federal law about swimming pool safety modeled on existing Florida law will soon be put to a a vote before the US Congress. The "Virginia Graeme Baker Pool and Spa Safety Act" has passed committee and is to be voted on by the full House of Representatives. The bill gives money to states to help prevent children from downing in a pool. Accidental drowining is the second leading cause of...
- Ed Normand | September 28, 2007 12:45 AM |
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Automobile AccidentsThe Florida Department of Financial Services has posted a very informative set of Frequently Asked Questions regarding what insurance to purchase to protect yourself in a post PIP auto accident. The FAQ's are in a series called "Life Without No Fault". The most important thing to remember is, with or without PIP, you need uninsured motorist coverage. It protects you from bad drivers who are...
- Diego Madrigal | September 27, 2007 1:34 PM |
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Defective & Dangerous ProductsOver 330,000 lbs of beef patties have been recalled because of E. coli. Thus far, 21 people over 8 states have fallen ill to this tainted food which gives a new definition to "mystery meat." Three cases of food poisoning have been directly linked to the contaminated food, including one in Florida. Although E. coli usually clears out in a week for healthy adults, this hazardous defective food...
- Ed Normand | September 27, 2007 12:39 PM |
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Medical MalpracticeThe Hill-Rom Company has published a study indicating that half of all hospital patients risk acquiring pressure ulcers or bed sores during the hospital stay. First to blame are the hospitals for not taking precautions to prevent the sores from starting. This study follows the recent U.S. Centers for Medicare and Medicaid Services' decision to stop reimbursement to hospitals for the cost...
- Ed Normand | September 27, 2007 11:22 AM |
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Automobile AccidentsThe new draft legislation for the updated PIP law is online. PIP is mandatory coverage for auto accidents that is set to expire. This new auto accident mandatory PIP coverage legislation can be seen here.For more information on this subject please refer to the section on Car and Motorcycle Accidents.
- Ed Normand | September 27, 2007 10:36 AM |
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Automobile AccidentsPIP is now back on the blocks in the upcoming special session. PIP, otherwise known as No Fault, will sunset October 1st unless revived by new legislation. PIP is mandatory coverage that every car owner must purchase. It provides protections for negligent drivers, those who are at fault in causing a car accident. PIP shields at fault drivers from liability for intangible damages for non...
- Diego Madrigal | September 27, 2007 9:19 AM |
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Defective & Dangerous ProductsA new wave of recalls on Wednesday brought defective products to the forefront again on Wednesday. Chinese-made children's toys once again tested positive for lead paint. This round of recalls was the second for the "Thomas the Train" line of toys. Also affected were the "Knights of the Sword" line, child gardening tools sold at Target, toy rakes and jewelry from Jo-Ann stores, TJ Maxx, and...
- Ed Normand | September 26, 2007 10:35 AM |
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Automobile AccidentsMandatory bodily injury coverage is being proposed as a new required coverage for Florida auto accidents. Under current law almost every Florida Auto Accident is subject to the terms of Personal Injury Protection insurance known as PIP. PIP has been around for about four decades. It was originally the brain child of the insurance industry intended to limit lawsuits. Now most of the auto ...
- Patricia Doherty | September 26, 2007 6:27 AM |
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MiscellaneousAn insurance agent who owned Family Insurance in Port Richey, Florida is permanently banned from the insurance business in Florida and went to jail. The agent, Bruce Anthony Fonte is accused of selling fake homeowners' insurance policies to families in Pasco, Hillsborough and Hernando Counties. As a result, the Division of Insurance Fraud reported he left people without coverage during the...
- Patricia Doherty | September 25, 2007 5:43 AM |
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Property Owner's Liability (Slip & Fall)Do you or your children wear the comfortable Crocs? If so, be aware there are more and more reports of people, and especially children, getting thier Crocs or similar shoeware , caught in escalators or similar moving walkways. The Associated Press reports that the flexibility and grip that makes Crocs so popular is what puts the wearer at risk for entrapment to occur. Some of the injuries...
- Ed Normand | September 24, 2007 10:08 PM |
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MiscellaneousThroughout Florida investors are buying up nursing homes, then cutting staff to increase profits. Many of these homes are being purchased by large hedge funds and other private investment companies They treat the nursing homes like a commercial business. They fire expensive trained staff and replace them with cheaper labor and less staff. The problem is that nursing homes do not sell...
- Ed Normand | September 24, 2007 9:08 PM |
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Automobile AccidentsMuch to the consternation of many auto insurance companies Florida PIP looks like it is off the chopping blocks. According to Christopher Kise, a counselor to the Governor Crist, the new pip bill is a compromise between the House and Senate and is likely to be approved by governor. The new PIP bill is the result of a compromise between Senator Bill Posey, of Rockledge and Representative Ellyn...
- Ed Normand | September 22, 2007 9:37 PM |
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Automobile AccidentsPilot Robert Robertson, 34, in an amazing act of skill crash landed his plane on interstate 95 near the very busy intersection with the interstate and Commercial Boulevard in Ft. Lauderdale, Florida. The pilot flew for Monarch Air Group, and crashed shortly after takeoff from Fort Lauderdale Executive Airport. There were no auto accidents caused by the landing although the interstate was shut...
- Ed Normand | September 22, 2007 9:28 PM |
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MiscellaneousA plane crash in Volusia County resulted in severe injuries to the 74 year old pilot. The plane crash was caused by mechanical problems that started shortly after the single-engine Swift GC1A aircraft took off from the New Symrna Beach, Florida airport. The plane crashed into trees and no one on the ground was hurt. The pilot was transported to Halifax Hospital in Daytona Beach for...
- Sandy Grinnell | September 22, 2007 4:14 AM |
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Defective & Dangerous ProductsBaby's Bliis Gripe Water, Apple Flavor, is being recalled by MOM Enterprises, Inc. due to the Cryptosporidium infection. This infection has been diagnosed in a 6-week old infant who was given the drink. Symptoms of this infection include watery diahhrea, dehydration, weight loss, stomach cramps, fever, nausea and vomiting.The drink has the label Baby's Bliss. Pediatrician Recommended Gripe...
- Patricia Doherty | September 21, 2007 2:05 PM |
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MiscellaneousA blog about the tasering of a University of Florida was posted on Sept, 19, 2007 offering an opinion on whether the tasering was excessive and whether there was an issue of free speech. For an excellent analysis, check outthe website for the University of Florida's newspaper the Independent Florida Alligator. The newspaper has a good story about the student tasered and how he is known to stir...
- Diego Madrigal | September 21, 2007 5:45 AM |
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Defective & Dangerous ProductsDole has recalled over 5,000 bags of its salad mix due to the lettuce in the bags possibly being contaminated by e. coli. A bag of the salad mix that tested positive for e. coli was sold in Canada. The same lettuce, however, was used in bags that reached 9 US states. The latest recall affects packages sold in Ontario, Quebec and the Maritime Provinces in Canada and in Illinois, Indiana,...
- Mike Damaso | September 21, 2007 5:20 AM |
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Automobile AccidentsA blog posting on Orlandosentinel.com Saturday suggest that a fight over whether to extend Florida's Motor Vehicle No Fault Law is creating "soap opera suspense" in the Florida House of Representatives. The post reports that House Speaker Marco Rubio insists that modifications must "clamp down on trial attorneys." Representative Kevin Ambler (R-Lutz) is trying to collect signatures to force a...
- Diego Madrigal | September 21, 2007 4:14 AM |
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Automobile AccidentsSome BMW owners are finding that they are not getting as much safety for their money as they had originally thought. The NHTSA is investigating a faulty Occupant Classification System (OCS). The OCS is supposed to recognize whether or not a seat has a passenger in it. The malfunctioning OCS seems to be located in the front passenger seat, and a faulty seat mat could be to blame. If an auto...
- Mike Damaso | September 20, 2007 6:19 AM |
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Motorcycle AccidentsThe Orlando Sentinel has reported that a motorcyclist was killed in a collision that occurred shortly after 10:00 p.m. last Saturday night near Deltona, Florida. A GMC Yukon SUV was traveling eastbound when the driver attempted to make a left turn onto a side road and turned directly into the path of an oncoming motorcyclist. The motorcyclist was thrown from the bike and hit a Honda Civic that...
- Mike Damaso | September 20, 2007 5:33 AM |
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MiscellaneousAn Oviedo man was killed and his son severally injured when they were involved in a boating collision off Port Canaveral early Sunday morning. They were on an overnight fishing trip when, at around 6:40a.m., another boat driven by a man from Merritt Island and carrying two others hit them. No one from this boat was injured. The father was knocked out and the son suffered an injury to his...
- Ed Normand | September 20, 2007 2:53 AM |
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MiscellaneousDan Rather, the beleaguered former anchor for CBS news filed a lawsuit against his former employer for seventy million dollars. In the suit Rather alleges that CBS left him out to dry as the scapegoat for the widely discredited news story attacking the Vietnam era military record of President Bush. Rather claims the network set him up as the fall guy for the story and that damaged the...
- Ed Normand | September 20, 2007 2:05 AM |
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Automobile AccidentsOn U.S. Highway 27 in Leesburg motor vehicle accident involving six vehicles caused personal injuries and at least one fatality. The cause of the motor vehicle accident is still being investigated by the Leesburg Police Department. From what has been reported thus far it appears that an out of town police car was involved in the crash. That vehicle hit and ran over a woman causing her death. ...
- Ed Normand | September 20, 2007 1:32 AM |
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Defective & Dangerous ProductsEvery day there are cases of serious illness and death from diseases contracted while eating at a restaurant. Many of the dangers of eating out are hidden from the public, partly because of flaws in the restaurant inspection process in Florida. This topic is on my mind today, not just because our firm has successfully prosecuted death and serious illness cases from food borne illnesses and...
- Ed Normand | September 19, 2007 1:26 PM |
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MiscellaneousA young man, a student lawfully at a University of Florida function featuring Senator John Kerry, was tasered by University police. This is clearly excesive use of force by the police. Videotape confirmed that University police tasered the young student while he begged them not to. He was not violent, obnoxious and loud perhaps, but not violent. This is excessive use of force. Tasers are...
- Mike Damaso | September 19, 2007 5:37 AM |
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MiscellaneousA study conducted by Ross A. Klein, PhD, a Professor at Memorial University of Newfoundland, which compiled information from the years 1995 through 2007, reports that Carnival leads many of the major and non-major cruise companies in incidents involving passengers and crew overboard. Between 2000 and 2007, Carnival ship had 26 incidents involving "men overboard". In second place was Royal...
- Diego Madrigal | September 19, 2007 4:57 AM |
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Automobile AccidentsThe National Highway Safety Administration is requiring all car makers to equip their vehicles with side curtain airbags by 2013. These airbags protect the head and torso, especially in auto accidents involving side impact, such as when a car is "t-boned" at an intersection. According to the NHTSA, these measures will save 311 lives per year, in addition to preventing over 350 serious, life...
- Sandy Grinnell | September 18, 2007 4:15 PM |
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Medical MalpracticeThe FDA is recalling the MRL/Welch Allyn AED 20 Automatic External Defibrillator that is used by emergency personnel in hospitals, at fire stations and other risk management departments to treat heart attack victims. The defective equipment may show an error message (Defib Comm) which can result in the medical personnel giving improper treatment. Hospitals, fire departments, and ambulance...
- Sandy Grinnell | September 18, 2007 12:18 PM |
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Defective & Dangerous ProductsA study released by the American Society for Microbology and the Soap and Detergent Association reveals the number of men in the US who was their hands after using the restroom has dropped 9%- from 75% in 2005 to 66% in 2007. The number of women observed washing their hands was 88%, down 2 % from 2005. While this may be the subject of humor around the water cooler this week, the CDC considers...
- Mike Damaso | September 18, 2007 5:25 AM |
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Wrongful DeathTuesday morning, September 11th south of Sarasota a helicopter crashed into the Gulf of Mexico in an area where the water was approximately 20 feet deep. The occupants were doing a video shoot for a boating magazine. Several boats in the area attempted to rescue the victims of the crash, All three occupants on board were pulled from the wreckage. Two of the occupants were transported to...
- Diego Madrigal | September 18, 2007 4:45 AM |
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Automobile AccidentsThe National Highway Traffic Safety Administration's (NHTSA) Office of Defects Investigation has recalled 1.2 million child seats made by the Dorel Juvenile Group because of the serious injury risk they could pose to children involved in an auto accident. The child harnesses in question were made from November 2003 to December 2005. The NHTSA says the harness strap may become loose and so a...
- Ed Normand | September 15, 2007 8:09 PM |
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Automobile AccidentsHonda is recalling thousands of 2006 to 2007 Honda Civics because of a defect that could cause the wheels to fall off during use. According to a letter from Honda to NHTSA, the Civics have a leaky seal in the rear wheel bearing that could corrode and lead to potential car accidents if the wheel fell off while the motor vehicle is being operated. For more information on this subject matter,...
- Ed Normand | September 14, 2007 2:02 PM |
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Defective & Dangerous ProductsIn just over a year 60% of restaurants in Orlando had 10 or more serious food inspection violations. Hundreds die each year from food related illnesses. Many or most are preventable with simple hygiene. These illnesses include infections with Escherichia Coli O157:H7, also known as E. Coli and hepatitis. E. Coli and hepatitis food illnesses can be acquired from restaurants or packaged foods....
- Bruce Gibson | September 14, 2007 6:52 AM |
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MiscellaneousWith the hurricane season well underway, the new law took effect July 1st, although there is a one-year grace period to incorporate the new standard into the state building code. The law was enacted primarily as the result of families who lost loved ones as a result of carbon monoxide poisoning due to generators being operated inside garages, or even the home itself. Public housing, new homes...
- Bruce Gibson | September 13, 2007 8:27 AM |
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Automobile AccidentsMany of Florida's intersections and roadways now have video cameras monitoring traffic throughout the day. In addition to the highly-traveled roads in Florida such as I-4, I-95 and I-75, there are cameras at the toll booths on virtually all toll roads in Florida. These video cameras can provide a first-hand view of the entire sequence of a collision, illustrating the traffic pattern prior to a...
- Mike Damaso | September 12, 2007 6:35 PM |
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Automobile AccidentsThere was a three vehicle accident in Orlando last Wednesday involving a pick-up truck, car, and a school bus. This accident occurred during morning commutting hours when the bus and pick-up crashed, and as a result another vehicle - a car - was struck.Lanes in both directions were closed for approximately two hours. There were injuries reported to the authorities. None of the student on the...
- Bruce Gibson | September 12, 2007 8:17 AM |
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MiscellaneousThe New York Times reports that uninsured patients on average are billed 2 ½ times more than what the insured patients are billed through their insurance, and more than 3 times what is billed to Medicare patients. The result is that the uninsured are billed at full price while health plans and Medicare receive deep discounts. As an example, a study in the May issue of Health Affairs reports...
- Ed Normand | September 11, 2007 4:11 PM |
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Automobile Accidents2 hit and run drivers caused a early morning auto accident on I-4 that shut down the highway early today. Four of the motorists had to get emergency hospital care for injuries sustained in the motor vehicle collision. This is a classic example of the importance of uninsured motorist auto insurance coverage. This coverage would protect the injured victims in this car crash obtain compensation...
- Bruce Gibson | September 11, 2007 8:14 AM |
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MiscellaneousIn her book You've Got to Dance With Them What Brung You, humorist Molly Ivins observes:When you look at political money in the aggregate, more than 60% comes from organized corporate special interests and they get what they pay for. Except that the rest of us end up paying for it eventually. Corporate welfare, tax breaks, subsidies, loop holes: its breathtaking, its astonishing. The shift in...
- Ed Normand | September 10, 2007 5:18 PM |
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MiscellaneousA young girl was killed and her teenage sister was seriously hurt in a parasailing crash last month in Florida. In the last four years in Florida there have been over 12 reported deaths from parasail crashes and who knows how many serious injuries. Despite these dangers Florida has no parasail regulation and no insurance requirements. There is no wonder that so many are being hurt from...
- Ed Normand | September 10, 2007 2:42 AM |
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Medical MalpracticeFor years patients have been forced to sue physicians and hospitals because they just could not get a straight answer from them about what happened and why. Many times an apology and an offer to correct the problem would have prevented a lawsuit. Other times, especially in cases of clear negligence a fair settlement offer at the outset of the injury would prevent the time, expense and...
- Ed Normand | September 09, 2007 11:03 PM |
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Automobile AccidentsA motorcycle accident in Sanford, Florida severed the leg of the biker. He sued the at fault party. There was not much to recover but he did get a modest settlement. His lawyer deposited the funds in his attorney trust account. Sadly, the lawyer did not preserve the personal injury settlement funds for his client. Instead the lawyer violated the rules regulating Florida lawyers and...
- Ed Normand | September 08, 2007 4:08 PM |
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Automobile AccidentsThere has been a lot of publicity about the impending sunset and death of the Personal Injury Protection (PIP) auto insurance law in Florida. Various pundits have opined about the good and bad effects of no more PIP but few discuss what the consumer should do when PIP expires. The answer really depends on what other insurance you already have. At the outset it is important to remember that...
- Ed Normand | September 06, 2007 2:56 AM |
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Motorcycle AccidentsYesterdaqy a 20 year old riding a Suzuki motorcycle without a helmet tried to pass in between a dump truck and a semi. He did not make it, slid under the tractor trailer and died immediately from injuries in the Clermont, Florida accident. Many motorcycle crashes are caused by motorists just not paying attention to bikers. Sadly, however, many bikers, especially young males, die when they...
- Patricia Doherty | September 05, 2007 11:41 AM |
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MiscellaneousThe Florida Supreme Court established Board Certification in 1982 to help the public identify attorneys who are specialists in various legal areas. It is The Florida Bar's highest level of recognition of the experience and competency of lawyers in legal areas approved for certification. Board Certified attorneys are the only lawyers permitted to identify themselves as "Florida Bar Board...
- Ed Normand | September 05, 2007 10:14 AM |
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MiscellaneousToday Universal Studios Hollywood has now joined Universal Studios Orlando in closing down the Back to the Future ride at the theme park. The Orlando Universal Studios ride closed down on March 30, 2007. It is interesting to note that this ride is the subject of a recent law opinion related to allegations of injury on the ride. The case is called Universal City Development v. Williams and...
- Ed Normand | September 04, 2007 6:41 PM |
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Automobile AccidentsA cab driver picked up a fare near Universal, was directed to fake address, and was shot in the face. The driver is in the hospital fighting for his life in critical condition. Crime against cab drivers is a well known problem. In fact, drivers have been asking cab companies for years to offer protection. Simple measures like bullet proof glass partitions, panic buttons, alarms and cab cams...
- Ed Normand | September 04, 2007 4:55 PM |
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MiscellaneousA self described "pro-police conservative" decorated Navy Veteran and engineer flipped off a cop in Alabama. He apologized to the Cop but that was not enough. He was arrested apparently on the mistaken basis that it is illegal to bird a cop. Because Alabama is part of the U.S.A. and not Red China the man was acquitted of all charges. The cop allegedly embellished the facts to...
- Ed Normand | September 04, 2007 1:42 PM |
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Automobile AccidentsA woman driving a Honda south near UCF in Orlando rear ended another car in a minor crash. No problem until she left the scene in a hit and run. The car that was hit chased the woman until she crashed her car into a tree. What was a minor accident subject to a careless driving ticket may result in jail time for leaving the scene and reckless driving in leaving the scene. Thus a simple auto...
- Ed Normand | September 04, 2007 1:25 PM |
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Automobile Accidents11 children were hurt in a single vehicle bus crash in Hillsborough County Florida today. The bus driver ran a curb went off the road and crashed near some trees. 11 of the kids went to the hospital for treatment. The bus driver was issued a ticket for careless driving in causing the auto accident. The bus driver was also cited for failing to wear a seat belt. What kind of example is that...
- Ed Normand | September 04, 2007 12:49 PM |
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Defective & Dangerous ProductsFlorida leads the nation in something besides College Football and Basketball, the state also has more people get sick eating out than any other state. Food poisoning is a major cause of illness in this country. The main culprits, you guessed it: seafood, ethnic food and the ubiquitous "all you can eat buffet."This is not just a little throw up and diarrhea problem. People die and get...
- Ed Normand | September 04, 2007 11:57 AM |
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Automobile AccidentsThe driver of a hit and run vehicle that struck and killed a 13-year-old boy who was skating across a State Road 434 in Altamonte Springs Floriida. The victim was in a crosswalk and it was almost dark when he got hit in the car v. pedestrian auto accident. The driver did not even have a driver's license when he crashed into the boy. He tried to cover it up by leaving the scene, fixing the...
- Ed Normand | September 03, 2007 10:17 AM |
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Automobile AccidentsThe newspapers have been writing about the expiration of the requirement to purchase Personal Injury Protection insurance or no fault automobile accident insurance coverage (PIP) in Florida. While there is debate even among personal injury lawyers about the merits of PIP and its expiration there is also confusion regarding what coverage is required once PIP is gone on October 1st. Originally...
- Ed Normand | September 03, 2007 9:26 AM |
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Automobile AccidentsCurrently, the Federal Regulations for interstate trucking place limits on the hours that interstate truckers may drive. Most truckers follow the regulations but some do not. Recent polls of long distance truck drivers revealed that up to 16% of them had fallen asleep while driving at least once in the previous month. Up to 48% operated a truck while sleepy in the prior week.. Some trucking...
- Patricia Doherty | September 02, 2007 10:54 AM |
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Medical MalpracticeThe 2003 Florida Legislature with former Governeor Jeb Bush's backing passed caps on medical malpractice cases taking the decision of the amount of fair compensation of injuries away from the jury. Florida law has a $150,000.00 cap for "pain and suffering" for emergency room negligence and $500,000.00 caps for other cases. If medical negligence causes the wrongful death of a patient the cap may...
- Ed Normand | September 02, 2007 1:40 AM |
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Automobile AccidentsIn a letter to the Editor of the Orlando Sentinel a member of the National Board of Directors of MADD correctly cited statistics showing that last year in Florida 959 people were killed and over 14,000 were injured in auto crashes caused by drunk drivers. That is 80 deaths a month as a result of drunk driving in Florida alone. What a tragedy. The writer then made a passionate plea for...
- Ed Normand | September 01, 2007 3:55 PM |
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Nursing Home & Elder AbuseRight here in Central Florida we have another example of inhumane treatment at a nursing home. The list of alleged abuses is sickening:One resident suffered with an untreated impacted bowel for three weeks until her death.A resident with Alzheimer's fell out of bed. She called for help for an hour until she crawled to a phone and called 911. Firefighters rescued her and found the 3 nursing home...
- Ed Normand | September 01, 2007 8:23 AM |
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Automobile AccidentsWe all know that our tires should be inflated to a specific level but not everyone knows that low tire pressure and hot weather can be a deadly combination. Under inflated tires can lead to impaired steering, traction, and braking of the vehicle. These safety issues are compounded when combined with hot roads and often overloaded vehicles full of travelers and gear headed on vacation. The...