Florida Injury Attorneys Blog

DUI Civil Lawsuit – Tampa Man Almost Run Down By Dentist Who Killed Two In DUI Car Crash Files Lawsuit

fhlawyers-2 — Mon, 08 Nov 2010 12:25:19 +0000

A Tampa man who has been charged with killing two people in a fatal DUI crash is now facing a DUI civil lawsuit filed by a survivor of the crash. Joao Barbosa jumped out of the way of a car that hit and killed two of his co-workers as they were walking on a sidewalk on the Harbour Island Bridge. He was injured avoiding the car and is suing the driver who has been charged in the deaths.
The DUI lawsuit was filed two days after the October 30 collision. Barbosa’s Tampa civil attorney was quoted on TBO.com that he saw no reason to wait in filing the lawsuit which is seeking $15,000 to cover medical expenses and income he has lost due to injuries suffered avoiding the car. He went on to add that the State wasted no time filling criminal charges so why should he and his client wait to file a civil suit.

The lawsuit was filed against Riverview dentist Matthew Moye who has been charged with vehicular homicide and DUI manslaughter. He posted bail of nearly $120,000 and was released from jail. Although the dentist refused a blood test, he was subject to a forced blood draw due to the severity of the crash and the suspicion of the crash being alcohol-related.
Barbosa suffered his injuries when leaving work from the Marriott Waterside Hotel just before 2:00 a.m. He and his co-workers were walking on the Harbour Island Bridge towards a parking garage where employees keep their cars. Moye was allegedly coming from a Halloween party when his Cadillac is said to have jumped a curb, crossed into the opposite lane and then jumped a second curb up on to the sidewalk. That was when Barbosa injured himself avoiding the car. His two co-workers, both 24-year-olds, were hit and lost their lives. None of the three people in the Cadillac, including Moye, were injured in the crash.

Nursing Home Law Suit – California Jury Slams Nursing Home With $677 Million Verdict

fhlawyers-2 — Thu, 02 Sep 2010 10:57:39 +0000

When it comes to law suits that involve nursing home abuse a recent jury verdict in California has shaken the industry to its core. A Humboldt County jury slammed the Eureka Healthcare and Rehabilitation center to the tune of $677 million due to the living conditions of Cindy Cool’s father and thousands of other residents.
Cool testified to the jury that she often left the nursing home in tears after the things she saw. She said she would often find her father, who suffers from Alzheimer’s sitting in urine-soaked clothes. It would often take up to 20-minutes for the staff to help clean her father after these incidents.

The jury verdict has sparked controversy as the size of the award surprised even Cool’s lawyer. Some are calling the verdict a clear example of the need for tort reform and litigation abuse. The verdict is believed to be the largest in the United States this year.
The nursing home industry changed drastically at the turn of the century when Wall Street investment firms began buying up nursing homes at an alarming rate. According to the article on MSNBC.com critics claim these big investment firms started to cut staff, payroll and expenses to raise stock prices.
Cool was part of a class action lawsuit that was filed on behalf of 32,000 patients. They blamed staff shortages for the conditions the patients had to suffer in. The argument that nursing homes are now looked at as profit centers rather than care-givers seems to have rung true with the jury. The company that owns Eureka Healthcare and Rehabilitation has seen its stock plunge due to fears that the company may have to file bankruptcy due to the large verdict.
With the amount of elderly living in Florida and the current state of nursing home care, the nearly $700 million verdict in California should send a message against nursing home abuse in Florida.

Criminal Charges Filed Versus Teenager As Civil Cases Continue In St. Pete Boat Wreck

fhlawyers-2 — Wed, 07 Apr 2010 12:32:42 +0000

The investigation into the boat crash that killed 17-year-old Paige Davison in St. Petersburg has resulted in misdemeanor criminal charges being filed against the teenage driver of the boat. David L. West was investigated for DUI as he was drinking on the night of the accident but no charges were filed related to his consumption of alcohol. He has been charged with careless operation of a vessel resulting in a boating accident.
West was not the only one charged. A St. Pete convenience store manager has been charged for selling alcohol to the minors and an unidentified youth has been charged for supplying rum to the teenagers. While the criminal case moves forward, there are still three civil cases related to the crash pending as lawsuits have been filed.

Another Death At Disney World

fhlawyers-2 — Fri, 02 Apr 2010 09:12:44 +0000

A St. Petersburg boy riding his bike near Walt Disney World’s Fort Wilderness died after a Disney bus hit the nine-year-old. The boy, whose family was on vacation at Disney World, was riding his bike with a friend when he veered off the sidewalk and onto the road. At that point he was hit by the bus and run over by the rear wheels.
Eyewitnesses say the saw the boy riding beside the bus and then heard two thumps. Disney said the bus driver who was driving had over 30 years experience in the Disney transportation system. Disney employs 1,200 bus drivers who have a commercial drivers license and they also undergo drug testing. A traffic homicide investigation is ongoing. This is the third bus-related accident at Disney in the last six months.

Bradenton Mom Sues Manatee County Schools For Negligence

fhlawyers-2 — Thu, 01 Apr 2010 16:08:27 +0000

The mother of a Bradenton teenager is suing the Manatee County School Board for injuries her daughter suffered when she was tripped by another student on purpose in what the mother claims was an incident of bullying. Rica Ben-Shushan is claiming negligence, vicarious liability and battery in the lawsuit filed by her Florida Personal Injury attorney.
The lawsuit stems from an incident at Sugg Middle School. Ben-Shushan’s daughter was tripped during gym class in 2008 causing her to fall on her face on a school tennis court. She injured her nose, suffered facial injuries and chipped her teeth. The lawyer filing the suit claimed the family only wanted the school’s insurance company to cover the injuries but they denied liability.

Careless Driving Ticket Issued To Disney World Bus Driver

fhlawyers-2 — Tue, 30 Mar 2010 14:56:43 +0000

The Florida Highway Patrol has issued a traffic citation for careless driving to Disney World bus driver Jean Valentin. The Florida traffic ticket is the result of a crash that injured eight people when Valentin rear-ended an empty tourist bus that was stopped in the right-hand lane on Epcot Center Drive.
Valentin had to be cut from the wreckage by firefighters. He was taken to an Orlando hospital with serious injuries. Seven tourists were also taken to local Orlando hospitals following the crash. Troopers did not issue a traffic citation to the driver of the parked bus even though they determined it was improperly stopped.

Police Shoot 2-Year-Old Twice While Firing 42 Rounds At A Robbery Suspect

fhlawyers-2 — Mon, 29 Mar 2010 09:46:33 +0000

Five Jacksonville Sheriff’s Officers combined to fire 42 rounds into a car in which a suspected armed bank robber forced himself into in an attempt to escape. Deputies shot and killed the suspect who never fired his weapon at police but they also hit a 2-year-old twice according to the Associated Press.
The toddler is in critical condition after being shot in the arm and the upper torso. There was also a 7-year-old girl in the car who thankfully was not shot as well. The young child who was shot was identified as Daniel Crichton. The child’s mother was also shot once in the foot.

Gainesville Jury Awards Wife Of Dead Smoker $17.5 Million

fhlawyers-2 — Fri, 26 Mar 2010 09:55:09 +0000

After the State Supreme Court threw out a $145 billion class-action award for all Florida smokers, 8,000 or so individual lawsuits were filed. In the past few weeks two juries have awarded nearly $45 million in two of these Florida personal injury lawsuits.
The first verdict came March 12 when a Gainesville jury ruled against R.J. Reynolds to the tune of $12.5 million in punitive damages and another $5 million in compensatory damages to the widow of a smoker who died in 1995. Less than two weeks later a jury in Fort Lauderdale awarded a total of $26.6 million to Robin Cohen the widow of a long time smoker who died of lung cancer. This verdict came against Robert Morris and R.J. Reynolds.

More Baby Product Recalls As Nearly 200,000 Baby Gates Are Deemed Unsafe

fhlawyers-2 — Thu, 25 Mar 2010 16:06:10 +0000

Yesterday it was the baby sling that was recalled because of three infant deaths. Today comes news that Evenflo Top-of-Stair Plus baby gates are being recalled. Over 180,000 gates have been recalled in North America because of a possible danger to small children and infants.
According to an Associated Press story there have been three reports of children who got past the gates and onto staircases. There have also been more than 140 reports of detached and broken slats. The gates are manufactured in Mexico and sold nationwide by stores like Toys R Us, Kmart and Burlington Baby Depot.

Three Infant Deaths Lead To One Million Baby Slings Being Recalled

fhlawyers-2 — Wed, 24 Mar 2010 11:57:10 +0000

A recall is in effect for one million baby slings after they were linked to three infant deaths. The product safety recall involves baby slings made by the company Infantino. The product models that were recalled were “SlingRIder” and “Wendy Bellissimo”. Parents have been urged to immediately stop using the slings for babies under four months due to the risk of suffocation.
Consumer Reports raised concerns about the slings back in 2008 due to the position babies can fall into while inside the sling. The baby sling recall affects slings sold by Infantino from 2003 to 2010 at many big-name retailers including Target, Babies R Us and Burlington Coat Factory.