Florida Personal Injury Blog

18-Year-Old St. Augustine Woman Killed in Crash

Eddie Farah — Fri, 04 Dec 2009 18:09:00 GMT

Condolences are pouring into the MySpace and Facebook pages of an 18-year-old young woman from St. Augustine, Florida who died earlier this week in a car crash.

Megan Elizabeth Bunn and another teenager were killed Sunday night when the truck they were riding in collided with an ambulance. It all happened on U.S. 1 near The Avenues Mall at about 8:20 p.m. Sunday evening.

Bunn was riding in the middle of the front seat in a friend’s Chevy Silverado, one of five people in the vehicle, none of whom wore seat belts. Suddenly their truck collided with an ambulance when it either pulled in front of the truck or the truck driver ran a red light. The Florida Highway Patrol is unsure at this time, but the ambulance driver says he did not have his lights on and was not speeding because had had dropped off the patient.

Bunn was pronounced dead at Shands Jacksonville. The driver of the truck, Michael Jason Linder, 19, was also pronounced dead at the hospital Monday night. The other front seat passenger, Shyenne Morgan, 17, of Jacksonville was in critical condition at Shands. The two passengers in the rear were in serious condition.

Our prayers go out to the families of the two young people killed. Bunn had left high school in 2006 and was in school to become a nurse. Linder had been arrested for car burglaries in St. Johns County, but hopefully was turning his life around. People say they felt blessed to know her.

Unfortunately, the Florida Highway Patrol responding to the scene said that beer was found in the Silverado. A toxicology test will determine if Linder was drinking.

While we have no idea of the alcohol level involved in this accident, traffic crashes occur every 12 seconds in the U.S. and are the number one cause of death among young adults. If you are 15 to 19, you are more likely to be killed in a car crash than any other way.

Alcohol, distraction and speeding all play a part.

If only the point didn't have to be driven home by the death of these irreplacable young people, but unfortunately, that is more likely to make an impact on survivors and their driving habits than any law or statistic.

Originally posted at InjuryBoard by Eddie Farah

Chamber of Commerce Uses Scare Tactics

Robert Blanchard — Fri, 04 Dec 2009 13:00:47 GMT

The title of a recent US Chamber of Commerce spam email says it all, "Terror by Trial Lawyer." Not only do they denigrate a profession with a long noble history that goes to the core of what it means to be American, the Chamber also feels it necessary to out and out lie. "LIARS at the U.S. Chamber of Commerce" should be the title. Their spam email is an attempt to undermine legislation, introduced by a Republican, that is designed to restore Notice Pleading in our federal courts after recent rulings left attorney and judges uncertain on the rule of law. The big companies profiteering do not like it (KBR, Blackwater, Halliburton) so the Chamber lies for them and tell you the legislation will allow terrorists to sue our Nave SEALS. This total fabrication assumes you are ignorant and that you do not want to know the true content or purpose of the legislation.

Don't let them get away with it. Go read the bill (the Notice Pleading Restoration Act of 2009) and then write your elected officials to denounce these scare tactics.

Originally posted at InjuryBoard by Robert Blanchard

Tougher Driver's License Requirements in North Florida January First

Eddie Farah — Fri, 04 Dec 2009 00:13:24 GMT

Beginning January first, it is not going to be as easy as it has been in the past to renew or replace your driver’s license in the North Florida’s St. Johns County.

It’s all part of the Real ID Act that was passed by Congress on May 11, 2005. Previously the rules were not as stringent, but now residents will have to provide their Social Security number, their identity, and address.

The Act was passed to help prevent fraud and identity theft and to make it more difficult for terrorists to easily assimilate into the general population. Remember 18 of the 19 Saudi nationals that hijacked planes on September 11, 2001, had valid U.S. driver’s licenses.

Here is what you will need to bring with you as a form of identification – a certified U.S. birth certificate (a hospital birth certificate is not acceptable); a valid U.S. passport; a Certification of Naturalization; or a Consular report of birth abroad. You may have to contact the vital statistics department in the state you were born.

For Social Security – bring a Social Security card; or a W-2 form; or a paycheck showing the SS number or a DD-214; or a school record showing the number or lastly any IRS document that shows the Social Security number.

For your residential address you’ll need the address to be on your license or bring a deed, mortgage or Florida voter registration card. The vehicle registration and title will do as well as a W-2 or 1099 form. Also round up a utility bill with your address or a current insurance policy.

If you’ve legally changed your name you’ll need a certificate from the court of a marriage or court order.

St. John’s County officials realize they are going to hear a lot of complaints for the stiffer requirements but the county says its state law was passed to comply with federal law and there is nothing they can do.

36 states will have to be ready to meet the requirement January 1. #

Originally posted at InjuryBoard by Eddie Farah

Supreme Court Lets Stand Ford Explorer $82.6 Million Verdict

Eddie Farah — Tue, 01 Dec 2009 16:37:31 GMT

In 2002, a San Diego woman lost her ability to walk after her Ford Explorer rolled over and its roof collapsed, severing her spine. She was awarded $369 million by jurors who listened to the evidence against Ford.

As frequently happens, a judge and appellate court eventually whittled down the award to $82.6 million.

Monday, the U.S. Supreme Court allowed that judgment to stand, rejecting an appeal from lawyers for Ford Motor Co. They had argued that $55 million in punitive damages was unfair and unconstitutional when you consider that the design of the Ford Explorer met all safety standards set by the government and industry.

It seems that almost weekly we are reporting on Ford Explorer rollovers. It was an Explorer filled with high school students that blew a rear tire sending the vehicle into a rollover that killed four teens on the last day of school in June.

Jurors heard that Ford could have strengthened the roof and avoided catastrophic head injuries for about $20 per vehicle.

Ford was joined by its friends at the U.S. Chamber of Commerce in the appeal. The Chamber usually sides with big business no matter what the issue and no matter how morally questionable the product (asbestos, cigarettes etc).

The Chamber doesn’t want juries to be able to impose punitive punishment on manufacturers. In this case jurors, listening to the evidence decided they wanted to punish Ford for its “conscious disregard” of the safety of its customers.

Luckily the U.S. Supreme Court, the highest court, today refused to hear the appeal of the $55 million in punitive damages.

Maybe to Ford that extra $20 a vehicle doesn’t sound like such a bad investment about now.

Originally posted at InjuryBoard by Eddie Farah

Profit Over Safety -- A $20 Decision

John Hopkins — Tue, 01 Dec 2009 10:04:27 GMT

A 46 year old woman is paralyzed when her sport utility vehicle rolls over and the roof collapses onto her. The manufacturer knew their SUV was prone to rollovers and in the event of a rollover, the roof was insufficiently reinforced to prevent the very injuries suffered by the woman. In the case, the woman alleges that a fix to the roof stability would have cost the SUV maker approximately $20 per vehicle.

This story sounds a great deal like a car prone to catching on fire and exploding when rear ended at relatively low speeds. In those cases, the auto maker consciously chose not to spend the money to recall and retrofit the vehicles. That decision unnecessarily cost many lives.

Oh, yeah, in both instances it was Ford. In the earlier case it was a little car called the Pinto and in this most recent case, a little SUV called the Explorer.

It boils down to making “business decisions” in the best interest of stock holders is what Big Corporations say. They are forced to weigh their overhead against the need for design modifications. They are charged with answering to stockholders who have hitched some portion of their financial future to these very decisions.

It boils down to making decisions that do not place profits over safety is what I say. Sorry Corporate America, but it should not be acceptable to place the public in peril of life or limb for $20. In fact, it should not be OK with anyone to have a 46 year old woman and mother of two children who will never walk again because it was not expedient or economical to either, first design or second retrofit a product to make it as safe as possible.

When Ford was hit with this jury verdict amounting to over $350 million for both compensatory and punitive damages, they appealed. The courts reduced the jury verdict to $82 million, for both compensatory and punitive damages. Ford cried foul and appealed; arguing that they made reasonable judgments in the design of the SUV and they should not be responsible for punitive damages.

When Corporate America demonstrates a conscious disregard for the safety of consumers, punitive damages are appropriate. When an industry makes billions marketing a 3000 pound object that moves at 70 mph “reasonable judgments” that include the failure to spend $20 additional for safety most certainly justifies these damages.

Originally posted at InjuryBoard by John Hopkins

Motorcyclist Raymond Leo Horn Dies in Collision with Auto Driver

K.C. Bouchillon — Mon, 30 Nov 2009 20:27:16 GMT

Raymond Leo Horn III, riding his motorcycle, died when Jaimee Lynn Piechota pulled in front of Horn Saturday night.

The collision occurred on U.S. 98 North at about 9 p.m. He was wearing his helmet.

Our condolences go to Mr. Horn's family. He was just 21 years old.

All too often, it is easy to blame a motorcycle driver for being involved in a motor vehicle accident, but the fact is, Mr. Horn was doing everything right. He had the right of way, he was wearing his helmet, and there is no indication that he was speeding. So what's the difference between an automobile and a motorcycle at night? One headlight.

There's simply no excuse for not seeing a motorcycle -- by day or night -- and at Lilly, O'Toole & Brown, we don't accept excuses or stereotypes. If you or someone you know has been injured in a motorcycle collision, give me a call.

Originally posted at InjuryBoard by K.C. Bouchillon

Alcohol a Major Factor in Florida Traffic Fatalities

K.C. Bouchillon — Mon, 30 Nov 2009 09:53:00 GMT

Almost 40% of all traffic fatalities in Florida in 2008 were alcohol-related, according to the Florida Traffic Crash Statistics Report 2008.

This statistic is even more sobering when one considers that only about 9% of all traffic crashes were alcohol-related. In other words, when alcohol is involved, a traffic crash is significantly more likely to result in a fatality.

Pedestrian fatalities are also significantly increased when alcohol is involved. Only 10% of pedestrians involved in traffic accidents had been drinking. However, drunk pedestrians accounted for more than 36% of pedestrian fatalities.

At Lilly, O'Toole & Brown, we sue drunk drivers. If you or someone you know has been injured or killed by a drunk driver, give me a call at 863.533.5525, or email me at kc@loblawyers.com

To see the full report: www.flhsmv.gov/hsmvdocs/CS2008.pdf

Originally posted at InjuryBoard by K.C. Bouchillon

Toyota Recalls 4.26 Million Vehicles for Accelerator Defect

Joe Saunders — Mon, 30 Nov 2009 09:45:45 GMT

Toyota has recalled more than 4 million vehicles due to a defect with the car's accelerator. The defects involve accelerators that are jammed open by floor mats. The dangerous defects have led to auto deaths including the death of a California Highway Patrol officer and three family members. Since 2002, the sudden acceleration defects have claimed the lives of at least 19 motorists who've experienced such Toyota accelerator defects.

Toyota has received strong criticism for their inaction and failure to warn motorists of the problem. "They knew something was wrong way before that San Diego accident happened," said Rebecca Lindland, an auto industry analyst for consulting firm IHS Global Insight. "That was just the catalyst to get them to finally do something."

Originally posted at InjuryBoard by Joe Saunders

Stork Craft Drop-side Crib Recall Highlights Flaw in Preventing Defective Products

K.C. Bouchillon — Tue, 24 Nov 2009 09:35:52 GMT

The Consumer Product Safety Commission has finally recalled more than 2 million Stork Craft drop-side cribs that have caused numerous injuries and deaths to babies for more than a decade.

The head of the CPSC admitted that the government watchdog for product safety failed to move quickly enough to recall the deadly cribs, which have been on the market since 1993.

Unfortunately, too many consumers assume that just because a product has not been the subject of a recall, it is not defective. That is far from the truth. As the crib recall demonstrates, it sometimes takes hundreds of incidents and years of attention before the government finally acts.

The lesson: be your own watchdog, particularly when it comes to your loved ones. Manufacturers often cut corners to increase profits, which puts you at risk. Inspect products with a critical eye. See if the parts function properly with heavy use. Look for cheap materials used in construction of the product. Do online research to see if there have been reported incidents with the product, or lawsuits pointing out defects in the product.

The crib recall is a classic example: by using cheap plastic parts that easily break and deform, dozens of infants have been injured, and many killed, after getting trapped and suffocating in these cribs, which were also sold under the Fisher-Price logo. Despite scores of reported incidents, the manufacturer did nothing, except continue to rake in profits while more children were injured and killed.

Don't assume that a product manufacturer is looking out for your best interest. If you or someone you know has been injured or killed as a result of a defective product, give me a call.

Originally posted at InjuryBoard by K.C. Bouchillon

11-Year-Old Dies After Pellet Gun Blast To Chest

Eddie Farah — Mon, 23 Nov 2009 23:56:31 GMT

Mitchell "D.J." Maxwell, 11, of Waycross, Georgia, was at a sleep over Friday night with two other boys at the football coach’s home when he was shot in the chest with a .177-caliber pellet gun. He died in the hospital about an hour later.

Our deepest condolences go out to the Maxwell family at this time. So many think that what is essentially a toy can do no harm. Unfortunately we have all found out otherwise.

The boys were reportedly playing a PlayStation 3 video game when one of the boys picked up the loaded pellet gun and pretended to shoot it. Then the next boy, a12-year-old, took over the rifle and pointed it Maxwell, shooting him point blank range in the chest.

Police report that the boys first tried to stop the bleeding themselves before calling the two adults watching television in the next room. No doubt that delayed treatment. Then when the adults called 911 they simply said the boy was unresponsive but he's breathing."

The 911 operator asked if the boy had asthma. A cousin confirmed he did.

An autopsy will be performed Monday in Savannah at the Georgia Bureau of Investigation. The young boy’s mother says she can’t believe her son is gone.

Mitchell Maxwell Sr., D.J.'s father, said he's dealing with pain and frustration, still trying to come to grips with what happened to his son, an honor roll student at Ware Magnet School where he played on the youth football team.

So many questions need to be asked. Did Ware County 911 respond properly? Without all of the information was the ambulance as quick as it needed to be? What was the resonse time?

Did paramedics perform CPR? Did their actions actually hurt the child’s chance of survival?

A .1777 is capable of producing velocities in excess of 900 ft/sec. and is generally used to kill small game or pests on a farm. This is not a toy and should be treated with the same care as a firearm. No doubt the supervision of these children will be a key to the investigation.

Again, our condolences go out to the family for their loss.

Originally posted at InjuryBoard by Eddie Farah