Ocala Injury Lawyers Blog

NCAA Injury Settlement Rejected By Judge

Published on: January 9, 2015 | Dean Law Firm, LLC

A suit by former players against the NCAA has been rejected by a federal judge as inadequate. The details of the case were reported by a national news report late last month. Apparently, the parties reached a $75 million settlement, but a judge rejected the settlement because he believed that it was “underfunded.”

The settlement agreement would allow a program to be implemented that would fund current and former student athletes who suffered head injuries. Additionally, the settlement would provide about $5 million towards research. The judge did not believe that the settlement amount was an adequate amount of money to cover all the medical expenses that the players required. The judge has ordered that each of the parties return to the negotiating table to reach a more appropriate agreement.

Importance of Attorneys in Settlement Negotiations

Although many individuals understand the importance of attorneys during litigation, one of the most crucial steps of a lawsuit is during the negotiation phase. When an individual believes that he or she has been injured because of the negligence of another, he or she may be able to bring a suit against that person for the injuries that were incurred and the damages that resulted. However, in many cases a trial in front of a judge or jury is not necessary.

Florida Suspect in Hit-and-Run of Eight-Year-Old Boy Identified

Published on: December 31, 2014 | Dean Law Firm, LLC

Late last week, an eight-year-old boy was killed and his older brother was severely injured after being victims of a hit-and-run. According to local news reports, a bartender without a license is thought to be a suspect in the incident. Evidently, the bartender was driving his friend’s pick-up truck when he hit the two boys at around 7 p.m., a few days before Christmas. Reports indicate that they were walking home from a basketball game at a local middle school. Tragically, their grandmother was supposed to pick them up, but she had a flat tire and could not get to the school. As they were crossing the street, the pick-up truck hit the two boys and sped away after the accident.

The owner of the car took the vehicle to a repair shop in Fort Lauderdale a few days after the hit-and-run, and the repair shop owner, realized the vehicle fit the description of the car involved in the boy’s death. After police tracked down the driver of the car, the suspect stated that he thought he hit something but was not sure what. He was subsequently arrested and charged with evidence tampering and failing to stop at an accident. The owner of the car was also charged with insurance fraud, being an accessory after the fact, and tampering with evidence.

Supreme Court in Maine Affirms Lower Court’s Personal Injury Ruling

Published on: December 29, 2014 | Dean Law Firm, LLC

Late last week, the Maine Supreme Judicial Court ruled on a pending personal injury claim. According to court documents, a 27-year-old student from Romania was riding her bike to work in 2010 when she was involved in an accident. The student made a right turn because she assumed that the bus driver would continue driving straight. However, the bus driver made a right turn as well.

Unfortunately, the student hit the side of the school bus and ended up falling underneath it. The student sustained serious injuries as the bus drove over her body. The student filed a suit against the bus driver and the busing company, claiming that they were negligent. The bus company asked for a judgment as a matter of law after the plaintiff completed her presentation of evidence. It claimed that the student assumed the risk of making a right turn. However, the court denied its motions.

The jury found that the bus company was 75 percent at fault and that the student was 25 percent at fault. The bus company filed an appeal to the Supreme Court on the basis of what it believed was an incorrect jury instruction, but the Supreme Court affirmed the lower court’s decision.

Drunk Driver Kills St. Petersburg Couple in High-Speed Accident

Published on: December 24, 2014 | Dean Law Firm, LLC

Earlier last month on their way back home to St. Petersburg, a Florida couple was killed when a drunk driver slammed into their vehicle. According to a report by one local news source, the vehicle was traveling at speeds in excess of 100 miles per hours shortly before the accident occurred.

Evidently, the couple was returning to their St. Petersburg home after Thanksgiving celebrations when the drunk driver hit their car. The drunk driver had collided with another vehicle immediately before hitting and killing the Florida couple. He had fled the scene of that accident when he ran into the Florida couple. The drunk driver was arrested at the scene of the accident after his breath-alcohol content was in excess of .08, the legal limit in Florida.

The man is being charged with drunken driving manslaughter, leaving the scene of a crash, driving without insurance, and driving with a license for business purposes only. An investigation is still underway, and toxicology reports are still pending to determine the driver’s exact level of intoxication.

Testimony Begins in Texas Medical Malpractice Case against Doctor

Published on: December 23, 2014 | Dean Law Firm, LLC

A prominent medical malpractice case against a doctor at the University of Texas Health Science Center of Houston began earlier this month. According to a report by the Times-News, a patient was 35 in 2009 when she went to the emergency room for abdominal pain and was diagnosed with appendicitis. During preparation for the surgery, the doctors discovered that the patient was three weeks pregnant. An emergency appendectomy was performed.

When the patient was about 23 weeks pregnant, she started feeling abdominal pains again. When she went to the emergency room it was discovered that she again had appendicitis and that a portion of her appendix was not removed during her earlier surgery. Unfortunately, the patient’s daughter was born four months prematurely because of the recurrent surgery.

The patient brought a suit for medical malpractice against the doctor because of his alleged negligent actions in performing the surgery. The plaintiff’s attorney is claiming that the defendant doctor did not follow standard medical care, was not using reasonable care, and did not use his best judgment. The defendant doctor is claiming that he had no choice to perform the surgery in the manner that he did because of her pregnancy. The plaintiff’s first witness is an expert witness who will testify as to the defendant’s actions.

Florida Police Patrol Car Gets into Accident with SUV

Published on: December 13, 2014 | Dean Law Firm, LLC

Early last week, a Florida State Trooper was involved in a car accident with another vehicle causing injuries. According to a local news report, an SUV was driving on Del Rio Boulevard, with the state trooper following. As traffic began to slow down, the SUV driver slowed down as well. The trooper’s car hit the back right side of the SUV causing the SUV to overturn.

There were two people in the SUV, and they were both taken to the hospital. Additionally, the state trooper was taken to a local hospital. Reports indicate that the injuries were minor, and no names have been released. Currently, charges are pending against the trooper and the investigation is ongoing.

Florida and Vicarious Liability

Like many states, Florida follows the theory of vicarious liability. This explains that a person other than the actual wrongdoer may be liable to the plaintiff for his or her injuries. Some instances where vicarious liability applies are in a parent-child relationship, or more commonly an employer-employee relationship. This is often referred to as “respondeat superior”, which basically means that an employer may be responsible for its employees’ actions to those to whom it owes a duty of care. For this theory to apply, the employees must be working within their scope of employment.

Three-Vehicle Crash in Bradenton Kills Two

Published on: December 11, 2014 | Dean Law Firm, LLC

Late last month, two Bradenton residents were killed after a three-vehicle crash near County Road 675. According to a local news report, a Chevrolet was heading west on 675 approaching an intersection as two cars traveling east were also approaching. Apparently, the Chevrolet driver tried to make a left in front of one of the other cars without yielding. The Chevrolet hit the other car, and they both began to rotate. In the midst of all of this, another car tried to avoid the collision, but that car was also struck.

The Chevrolet driver suffered severe injuries and was taken to Blake Medical Center. The car that was cut off was carrying three passengers in addition to the driver. The driver and one 18-year-old passenger were killed. The other two passengers suffered serious injuries and were taken to Blake Medical Center. The driver of the third car, which was only hit on the side, suffered minor injuries and did not need to go to the hospital. According to the Florida Highway Patrol, an investigation is still ongoing, and charges are currently pending.

Contributory Negligence in Florida

In order to bring a claim for negligence in Florida, a plaintiff must establish certain elements in order for the case to be heard by a judge or jury. The plaintiff must show that the defendant owed the plaintiff a standard duty of care, that he or she breached that duty, that the breach was the actual and proximate cause of their injuries, and that actual damages resulted.

Young Man at Blake Medical Center Following Crash

Published on: December 4, 2014 | Dean Law Firm, LLC

A car accident occurred in Sarasota early last week, and as a result a 21-year-old man is in critical condition. According to a report by one Florida newspaper, the man was driving on Tuttle Avenue at approximately 12:45 in the morning on Tuesday, November 18. Another individual was driving south on Tuttle Avenue when, apparently, the victim was about to enter Siesta Circle as the other vehicle began to turn. It then exited the road and crashed into the median. Unfortunately, his car then proceeded to hit a light pole.

The victim was driven to Blake Medical Center in Florida shortly after the accident, and he remains in critical condition. An initial investigation has revealed that the victim may have been under the influence of alcohol.

Liability in Florida Drunk Driving Cases

In Florida, if you have been injured as a result of a drunk driver, you may be entitled to compensation for your injuries. Although ordinary negligence is a common personal injury theory of liability, when drunk driving was the negligent behavior the theory of liability may fall under negligence per se.

Florida State University Football Player Involved in Hit and Run

Published on: December 2, 2014 | Dean Law Firm, LLC

A Florida State University football player was reportedly let off without any serious repercussions after he was involved in a hit-and-run accident. The New York Times reported that on October 5 the football player, who was named most valuable player, drove his car into another that was being driven by an 18-year-old who was returning from a late shift at a restaurant where he was working. Apparently, the football player left the scene of the accident before the police arrived. The victim remained at the scene of the accident after suffering some injuries from the airbag deployment.

The football player did eventually return to the accident location. However, he was not tested for alcohol, nor was he asked why he fled the scene. An investigation revealed that the football player was driving on a suspended license, yet he was still only given two minor traffic tickets.

After the University and police were criticized for their actions, the police chief reported that he would “conduct an investigation to determine what happened and whether the officers acted appropriately.” What is particularly interesting in this case is that a similar situation occurred just a month or so prior to this accident, yet that defendant (who was not a prominent football player) was charged with a hit-and-run. In contrast, the police did not charge this player with a hit-and-run. They claimed the reason that he was not charged was because he returned to the accident 20 minutes later.

Florida Teen Charged with Manslaughter and DUI

Published on: November 21, 2014 | Dean Law Firm, LLC

A local teen was charged last week with manslaughter and DUI after an accident he caused in August of this year. According to a report by one Florida newspaper, the teenager was driving with three passengers around seven in the morning on August 15, 2014 near S.W. 5th Avenue and S.W. 17th Street. He was driving over 90 miles per hour when he lost control of his car.

The car proceeded to spin around and crash into a tree, mailbox, pole, another tree, and finally a second mailbox. Two passengers were taken to the hospital, and one of the passengers died at the scene of the accident after being thrown from the car. No one in the car was wearing a seat belt at the time of the accident. At the hospital, the driver’s blood-alcohol content was tested and was determined to be .182. He also tested positive for marijuana. The teenager was charged with DUI and manslaughter, and his arraignment will occur later this month.

Florida DUI and Negligence

In Florida a person can be found driving under the influence if his or her blood alcohol content is .08% or higher. However, if the driver is under the legal drinking age of 21, he or she can be found to be under the influence if his or her blood alcohol content is .02% or higher.