personal injury attorney

Published on: November 8, 2016

Smith v. Logisticare – $5M Verdict for Fall Injury on Paratransit Van

Jurors in Georgia awarded $5 million to a woman who suffered a paratransit van fall that caused her to lose her left arm and rendered her right arm useless.

Deliberations lasted about 7 hours before finding the company that operated the non-emergency transport van was partially responsible for the 2012 accident that prompted the lawsuit, Smith v. Logisticare.

At the time of the incident, plaintiff was a left leg amputee and she was traveling in defendant’s van to get to a dialysis appointment. She reportedly was not properly secured into the van, and fell out of her wheelchair when the van hit a pot hole. Because she was not properly belted into position. Crush fractures suffered to her arms necessitated her left arm be removed and her right arm no longer functional. Continue reading →

Published on: November 1, 2016

Anderson v. Fitness International – Overcoming Liability Waivers by Proving Gross Negligence

By Dean Freeman

Waivers of liability can be difficult to overcome in personal injury cases. Often, proof of simple, ordinary negligence will not be enough. Instead, what must be shown is proof of gross negligence.

Gross negligence occurs when there is some kind of blatant violation of or clear indifference to a legal duty toward the rights and protection of others. It’s a kind of flagrant and conscious disregard for the use of reasonable care. It doesn’t mean showing the accident/ injury was intentional, but rather showing an extreme lack of care that is likely to cause foreseeable, serious harm to someone else. In some cases, an assertion of gross negligence will support a recovery of punitive damages too, though there usually needs to be evidence of willful, wanton misconduct.

In the case of Anderson v. Fitness International LLC, the question was whether plaintiff had sufficiently proven gross negligence to overcome the protection that his signed waiver of liability had afforded the defense. A California appeals court ruled: No. Continue reading →

Published on: September 23, 2016

Regalado v. Callaghan – Premises Liability Lawsuit for Pool Contractor Injury

By Dean Freeman

When someone suffers a work-related injury, typically the only remedy they have against the employer is a claim for workers’ compensation benefits. However, the exclusivity provision of workers’ compensation law does not prohibit injured workers or their families from seeking compensation from negligent third parties. In some cases, that could include the owner of the property where the work was being conducted.

One such case was recently weighed by an appellate court in California. In Regalado v. Callaghan, justices were asked to consider whether the trial court made any mistakes that resulted in a finding that a homeowner was liable for the injuries suffered by an employee of a pool contractor. Jurors at trial had found the homeowner 40 percent liable for the worker’s injuries based on theories of negligence and premises liability and ordered him to pay $3 million in damages.

According to court records, the homeowner was a licensed subcontractor who wanted to build a “dream house” for his wife in the Coachella Valley. He acted as an owner-builder for his home project, meaning he obtained the permits for construction and served as the person responsible for overseeing the construction – similar to the role a general contractor would take on. Continue reading →

Published on: September 5, 2016

Loss of Consortium: Not Just for Spouses

By Dean Freeman

When a person is injured as a result of the negligence of another who owed them a duty of care, that individual usually has the right to pursue compensation under Florida law. That part is pretty well-known. What is less understood is that certain loved ones of the person injured may also pursue their own claim for damages under a type of compensation called “loss of consortium.”

A claim for loss of consortium alleges damages suffered by a loved one of a person who has been injured or killed as a result of a defendant’s negligent, intentional or otherwise wrongful act. Loss of consortium claims vary widely from state-to-state, with some imposing strict limitations on who has the right to a loss of consortium claim. Typically, it’s filed by one’s spouse, and asserts the loss of “normal marital relations,” which can be a euphemism for sexual intercourse, but also for loss of companionship. The exact measure of this kind of loss is speculative, which is why only an experienced injury attorney should handle such claims. Proving damages often requires delving into the strength of the bond and the closeness of the relationship.

In Florida, unlike in some other states, the law allows for claims of loss of consortium brought by others besides one’s spouse. Specifically, parents may sue for loss of consortium of a child and children may sue for loss of consortium of a parent. Rights to these claims are found in several statutes, including F.S. 768.21. Continue reading →

Published on: August 4, 2016

Bowers v. P. Wile’s, Inc. – Garden Store Slip-and-Fall

By Dean Freeman

In most trip-and-fall or slip-and-fall lawsuits, injured persons hoping to prevail have to prove actual or constructive knowledge. That is, they have to show the property owner/ manager knew or should have known about the hazard, either because:

They created it;
They were informed of it;
It existed for such a length of time, it should have been discovered in the course of reasonable care.

It is the plaintiff who bears this burden of proof. Continue reading →

Published on: February 3, 2016

Brawl in Florida Bar Leads to Lawsuit Against Pop Star

By Dean Freeman

A bouncer at a popular Key West bar is suing former Backstreet Boy Nick Carter after the pop star allegedly attacked staffers and tried to choke the plaintiff for kicking him and his friend out of the establishment for being unruly and disrespectful.

According to The Daily Mail, the bouncer claims the singer physically assaulted him while he was escorting the pair out of the bar, Hog’s Breath Saloon. This was after he reportedly attempted to headbutt the manager of the bar after the staff refused to serve him or his friend any drinks, as they had arrived inebriated. He allegedly became irate and refused to leave after being asked to do so 10 times, staffers said.

Carter, who was recently the runner-up on the popular show, “Dancing With the Stars,” reportedly apologized for his actions, saying he was finding it difficult to “balance a healthy lifestyle” and he is “not perfect.” At the scene, where he was arrested for misdemeanor battery, Carter reportedly told the officers staff at the bar, “acted like Navy Seals.” Continue reading →