Palm Beach injury attorney

Published on: June 3, 2016

Florida Playground Injury Lawsuit to Proceed, Says 4th DCA

Florida’s 4th District Court of Appeals has reversed and remanded a trial court’s summary judgment in favor of a defendant in a playground injury lawsuit against a local city and the manufacturer of the playground equipment.

The victim at the center of Bogatov v. City of Hallandale Beach and Kidz Zone Playsystems, Inc., reportedly had to spend months in a wheelchair after suffering a fractured leg when he fell several feet from a jungle gym.

Initially, the trial court granted summary judgment to defense because it found there was not enough evidence to take to a jury to prove the child’s injuries were caused by allegedly defective playground equipment. Continue reading →

Published on: April 12, 2016

Perry v. Asphalt & Concrete Servs., Inc. – Accident Insurance Evidence Restricted

By Dean Freeman

Courts are reticent to allow the introduction of evidence pertaining to insurance coverage in accident cases. The reason is that unless it is somehow pertinent to the cause of the crash or extent of the injuries, it can be prejudicial to a jury.

For example, if jurors know that a certain defendant has no insurance, they may decline to impose a significant award of damages to the plaintiff – knowing the defendant is going to have to come out-of-pocket for that expense. Similarly, if jurors had knowledge that a defendant had a sizable insurance policy, they may be inclined to impose a heftier damage award – because they know the insurance company can pay.

Courts prefer to simply take it out of the equation.

In the recent Maryland case of Perry v. Asphalt & Concrete Servs., Inc., a pedestrian was struck and severely injured by a dump truck wherein neither the driver nor the vehicle had the proper liability coverage. But was this fact admissible? Continue reading →

Published on: November 23, 2015

Family of Teen Killed in Drunken UTV Crash Sues Deer Camp Owners, Teen Driver

By Dean Freeman

The family of a 16-year-old aspiring model in Texas has filed a wrongful death lawsuit against adult property owners of a deer camp and a group of teens.

According to news reports, the girl was killed in late July after being ejected from a utility task vehicle (UTV) during a 3 a.m. ride on the property. Authorities said the teens were consuming alcohol throughout the day and playing drinking games. They had been out riding earlier, and someone suggested they go out again in the middle of the night.

The operator of the UTV in which decedent was riding made a sharp turn at a fork in the road. This caused the vehicle to slide and roll, smacking the edge of a dirt road and pitching right. Decedent was ejected 20 feet from the vehicle, striking her head and body on the ground. Continue reading →

Published on: April 9, 2015

Florida Motorists Rarely Cited for Driving Too Close to Bicycles

By Dean Freeman

Florida authorities have long recognized how dangerous it is for motor vehicle drivers to get too close to those on bicycles.

That’s why in 2006, they initiated a law requiring drivers to give bicyclists at least 3 feet of clearance when passing them.

When it first passed, the measure was hailed as a necessary move to protect those on two wheels. However as the years have worn on, the effectiveness has been questioned.

Continue reading →