Ocala Injury Lawyers Blog

Florida Court Throws Out Hundreds of Suits Against Big Tobacco Companies

Published on: September 19, 2014 | Dean Law Firm, LLC

Back in 2006, the Florida Supreme Court issued a decision that “decertified” the class of people who were suing big tobacco companies for the injuries they sustained after becoming addicted to cigarettes. The decertification of the class meant that individual plaintiffs were then permitted to pursue their claims against the tobacco companies alone, rather than as a part of a class action lawsuit.

When the court decertified the class, the lawyers in charge of representing these plaintiffs as a class, were now representing approximately ,500 individual plaintiffs.

Several hundred of these lawsuits were dismissed recently. The Winston-Salem Journal released a report recently that outlines why the judges in charge of these suits dismissed so many at one time. Much of it had to do with questionable lawyering.

Tampa City Truck Driver Kills Toddler in Accident

Published on: September 12, 2014 | Dean Law Firm, LLC

Late last week, a local news station reported that a Tampa truck driver ran over and killed a two-year-old boy who ran into the street. Apparently, the truck driver works for the city, and was visiting relatives in the city truck when the accident occurred.

The truck driver had been reprimanded before for using a city truck to make personal visits to friends and family members. In the present situation, the truck driver, who generally works nights, was leaving an apartment complex of a family member when the accident occurred. The local news report explained that the toddler was being cared for by a family member when he somehow ran into the street.

The report indicates the truck driver was driving slowly, however, he still did not see the child. He immediately stopped and attempted to assist the toddler. The apartment complex security officer attempted to perform CPR. The toddler was taken to the hospital, where he was pronounced dead.

Jacksonville Teen Killed in Motorcycle Accident on His Way to Work

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

Earlier this week in Jacksonville, a teenager was killed while riding his motorcycle as he was heading into work. According to a report by a local news source, the accident occurred on Labor Day on Western Boulevard.

The teen was riding down Western Boulevard when another driver who was leaving a fast-food restaurant made a turn in front of the teen, cutting him off. The teen had no time to avoid the vehicle and collided with the car. The teen was thrown from the motorcycle and was later pronounced dead by emergency responders at the scene of the accident.

The driver of the car was cited by police for misdemeanor death by motor vehicle and unsafe movement causing serious bodily injury.

Supreme Court Upholds Medical Liability Act and Bars Mother from Bringing Birth Injury Claim.

Published on: September 8, 2014 | Dean Law Firm, LLC

The Medical Liability Act was enacted in 2003 in an attempt to make health care more accessible and reduce insurance premiums. The Act explains that under the “statute of repose” individuals may only bring medical malpractice claims within 10 years of the medical treatment giving rise to the claim.

Background

In Tenet Hosps. Ltd. v. Rivera, Ms. Rivera claimed that when she was nine months pregnant she started feeling ill and was experiencing a cough and a fever. She visited an emergency room at Providence Hospital in Texas. A doctor at the hospital examined her and subsequently discharged her. The next day, Ms. Rivera returned to the hospital after noticing a decrease in her child’s movement. Her child was delivered via an emergency C-section. Ms. Rivera claims that her child’s lack of oxygen resulted in severe and permanent neurological disabilities.

Legal Proceedings

Ms. Rivera felt that the treating emergency room doctor should have notified Ms. Rivera’s OB/GYN of the issues she was experiencing and taken additional steps to ensure the health and safety of her child. Ms. Rivera’s attorney sent a notice of a claim to the hospital in 2004, nearly eight years after the incident, and did not file suit until March 2011 – 15 years after the injury and five years after the statute barred the claim.

Driver Rear-Ends School Bus, Injuring Eight Students and Losing His Own Life

Published on: September 5, 2014 | Dean Law Firm, LLC

Earlier this week in North Fort Myers, a man lost his life when he ran into the back of a school bus that was stopped in traffic. Eight students from Island Coast High School aboard the bus were also injured. According to a report by one local news source, the bus was stopped in traffic near the intersection of US 41 and Old 41 when an SUV driven by a 68-year-old man crashed into the back of the bus.

Evidently, there were over 30 students aboard the bus. Fortunately, only a handful were transported and admitted to Lee Memorial Hospital with only minor injuries. The driver of the SUV that ran into the bus was rushed to Lee Memorial, but he succumbed to his injuries a short time later.

Police are currently investigating the accident but thus far believe that speed was a factor in the fatal accident. One police spokesperson noted that the accident occurred during a time when people are trying to get to work and may be in a rush. This is all the more reason to pay close attention to the road ahead.

90-Year-Old Woman Killed in Pedestrian Accident

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

Earlier this month in Park Ridge, an elderly woman was killed in a pedestrian accident while she was crossing the street in the neighborhood of South Park. According to a report by one local news source, the accident occurred in the eastbound lane of Devon Avenue shortly after 10:15 in the morning.

Evidently, the elderly woman was crossing the street at the time of the accident. It is unclear whether she was crossing at a crosswalk. Investigators are looking into where exactly she was when she was struck by the vehicle.

The driver of the car that struck her stopped the vehicle after the accident and has cooperated with investigators so far. She was, however, ticketed for “failure to exercise due care” for her role in the fatal pedestrian accident. Additional charges may be filed against the driver, depending on the outcome of the investigation.

Florida Judge Keeps Out Otherwise Relevant Testimony Because Defendant Failed to Disclose it Pre-Trial

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

During the discovery process in a Florida personal injury suit, both parties are required to hand over certain evidence that they believe they will introduce at trial. This is fair to both sides, for it decreases the chance of being surprised on the day of trial.

Discovery rules are strict and, if not complied with, can result in the forfeiture of the ability to submit the evidence in question. For example, in the recent case of Kellner v. David, that is exactly what happened to the defendant, who tried to submit his measurements of the accident scene.

Kellner v. David: The Facts

The facts of the case are fairly straightforward. David was riding a motorcycle down a highway with a posted speed limit of 45 miles per hour. At some point, Kellner pulled out in front of David, causing the two to collide. David sued Kellner, alleging that he was negligent when he pulled out in front of her. Kellner’s defense was that David was speeding and, therefore, it was not his fault he didn’t see her coming.

Florida Family Wracked By Drunk Driver

Published on: August 27, 2014 | Dean Law Firm, LLC

One Florida family is lucky to be alive after a drunk driver crashed into their car as they were leaving a “Movies in the Park” event in Clay County. According to a report by News 4 Jax, the driver—a sixth-grade school teacher—was with her two children, her pregnant sister, and her nephew when a drunk driver ran a red light and slammed into their car.

Everyone in the car was seriously injured. The driver suffered a broken pelvis, a sacral fracture, and severe brain swelling. Evidently, the drunk driver hit her car directly where she was sitting. Doctors told her they are not sure how she survived the accident.

Her pregnant sister initially thought she had lost the baby, but doctors were able to deliver her son a full 11 weeks early. He was three pounds at birth.

Wrong-Way Crash Kills Miami Motorcyclist and Injures One Other

Published on: August 25, 2014 | Dean Law Firm, LLC

In a tragic accident in Miami last month, a motorcyclist lost his life when he was hit head-on by a motorist who was driving the wrong way on the highway. According to a report by CBS Miami, the accident occurred on Interstate 95 just north of the Dolphin Expressway on the evening of Saturday, July 19.

Evidently, a driver of a 2013 Acura was driving north in the southbound lanes of traffic on I-95. It appears the Acura first crashed head-on with the motorcycle, sending the biker through the windshield and into the back of the car. After the initial collision, the driver of a Dodge Ram tried to swerve to avoid an accident with the Acura. However, he was clipped by the front of the Acura and sustained significant damage to his vehicle.

The driver of the motorcycle was pronounced dead at the scene. The driver of the Dodge was also hurt, although only with minor injuries. Investigators have not completed the investigation and cannot therefore rule out the possibility that drugs or alcohol were involved in the fatal accident.

Man Arrested in Fatal Lake County DUI Accident

Published on: August 22, 2014 | Dean Law Firm, LLC

A few weeks ago in Lake County, a 20-year-old man was killed when he was struck by a drunk driver. According to a report by a local news source, the accident occurred on eastbound State Road 46, just east of Wekiva River Road.

Evidently, the victim was standing in the eastern-most lane when the drunk driver struck him, sending the man into the median. He died on the scene. Apparently, the victim was on his way to Wekiva River to meet up with some friends.

The driver has been arrested and charged with misdemeanor DUI and failure to submit to a breathalyzer test. It is not clear whether the victim in this case was at fault in the accident. Continue reading ›