Florida Injury Attorneys Blog

The Costa Concordia disaster has been largely blamed on Captain Francesco Schettino, who was steering the great liner when it crashed into the rocks off the shore of Italy's Giglio Island. Schettino, who passed a drug test today, has been charged with multiple counts of manslaughter and abandoning ship in connection to the disaster. Thus far, his criminal defense lawyer was one of the few to claim Schettino's innocence.

Schettino's wife, Fabiola Russo, has now come to his defense in the press, telling Italian news that he is "no monster" and that he as been vilified. "My husband is not a monster. He was always the go-to guy for the crew. This is a witch-hunt. Everyone is out to get him," Russo told reporters. "He knows how to do his job but sometimes even those people can make mistakes... that's if he did make a mistake."

Her comments came among claims that there may have been some other factors in the accident. Firstly, Schettino, who indicated before that he had gone off-course of his own free will to greet a former Costa coworker, has change the story slightly to say that the deviation from course was actually ordered by the cruise line to do so as a publicity stunt, even claiming that the "salute" had been mentioned in a newsletter produced by the ship.

Continue reading "COSTA CONCORDIA: Captain Schettino's Lawyers Speak Up" »

Costa Cruise and its' parent company, Carnival Cruises, has royally botched its' PR in regards to the disaster, says Gene Grabowski, a crisis management communications specialist. Grabowski says that Costa handled everything from press releases to customer service poorly, spelling disaster not just for itself but for the entire cruise industry.

"As bad as the capsizing has been for the industry and the brand, the follow-up has really done most of the damage," said Grabowski.

The company has been criticized for its' compensation package to travelers who were on the Costa Concordia, the ill-fated liner that crashed into the rocks off of Giglio Island in Italy and sent 4,200 crew and passengers scrambling to get to land. 16 have been confirmed dead so far, which the death toll estimated by some to be over 30. They have also tried to blame the entire incident on others, most prominently Captain Francesco Schettino. Schettino, who just passed a drug test, remains on house arrest in Italy. His criminal defense attorney has been vehemently claiming Schettino's innocence.

Continue reading "COSTA CONCORDIA: A Public Relations Shipwreck" »

According to witnesses and passengers of the Costa Concordia, crewmembers were bribed by rich passengers for priority boarding on lifeboats after the huge liner crashed into the rocks near Giglio Island off the coast of Tuscany. Italian prosecutors are reportedly investigating the claims.

One of the witnesses is Franca Anichini, 52, of Giglio Island. She told the German press that she watched as lifeboats arrived on the island after the disaster "I went to the boats as I saw them coming in expecting to see women, children and the injured," she told the media, "but all I saw were healthy men and elegant women in evening gowns who were speaking Russian."

Passengers of the doomed cruise ship reportedly substantiated the claim, saying that passengers wearing expensive clothing had shoved cash at crewmen aboard the liner in order to ensure that they were the first off, leaving parents with children, the elderly, and the disabled to fend for themselves. Costa, the company that owns the Concordia, declined to comment on the claims.

Continue reading "COSTA CONCORDIA: Crew Allegedly Took Bribes for Lifeboats" »

Captain Francesco Schettino of the Costa Concordia, the purported cause of the Costa Concordia disaster, apparently tried to cover his tracks early on by first downplaying the seriousness of the damage, then asking a Costa employee to fabricate the order of events a bit. Schettino is currently on house arrest at his home south of Naples in Italy, awaiting trial on charges of abandoning ship and multiple counts of manslaughter. His criminal defense attorney says that authorities are investigating other possible leads.

Roberto Ferrarini, Costa cruises marine operations director, says that he spoke to Schettino during 17 separate calls the night of the accident. The first was a mere 15 minutes after the giant cruise ship first hit the rocks off of the coast of Giglio Island. He was told that the ship had bumped an outcrop but that only one of the water-tight compartments had been compromised. Schettino reportedly kept the charade up for about an hour, during which Ferrarini said he sounded calm.

45 minutes after he first spoke to Ferrarini, Schettino reported that he was going to abandon ship. Ferrarini said that this came out of the blue, considering Schettino's demeanor and reports during previous phone calls.

Continue reading "COSTA CONCORDIA: Francesco Schettino Tries to Cover Tracks" »

Attorneys in Italy are busy putting together class-action lawsuits against Costa Cruise Lines and its parent company Carnival Cruises following the aftermath of the Costa Concordia shipwreck. Lawyers are reportedly working on separate lawsuits for the injured and family members of the deceased, as well as crew members of the luxury cruise ship that crashed into the rocks off of the coast of Italy's Giglio Island on January 13th.

Reports indicate that 3,206 passengers were physically unharmed by the incident. Representatives of Costa met with consumer activists on Thursday in Rome in order to discuss a blanket deal for the passengers, which would include compensation for the ticket price of the cruise, transportation from the location of the crash, possessions lost or ruined due to the accident, and damages for trauma and the ruined vacation time.

Suits are also being filed in the United States, Germany, and France, among other countries. However, it looks as though Costa, unlike the Costa Concordia, isn't going down even with a fight. One angry former passenger, Fernando Tofanelli, told the press that "[Costa representatives] were telling us, 'If you want any money or compensation, you have to make a legal claim. You need to go to court." Many of the passengers of the ship were stranded in Italy without passports, keys, food or other necessities and had to struggle to get home, he explained.

Continue reading "COSTA CONCORDIA: Injury Lawyers Start Building Lawsuits" »

This morning, officials announced that yet another body had been found in the remains of the Costa Concordia. The body was found on the third floor deck of the stricken vessel. It is rumored to be that of a woman, although officials have not confirmed this.

With the new body, the official number of missing persons has lowered to 17, with 16 bodies having been recovered. However, the interjection of an official yesterday that there may be up to 25 persons still missing raised speculation that there may be as many as 8 stowaways (unregistered passengers) missing. One of the two bodies recovered yesterday in the Internet Café of the ship is rumored to have been that of a stowaway.

Rescuers are continuing to blast holes in the hull of the once-great liner in order to access its' innards. Meanwhile, the fuel-removing operation for the Costa Concordia has been given the green light. The plan to remove 500,000 gallons of fuel from the ship will cost $5 million and take almost three months, weather allowing. Smit Salvaging, the Dutch company in charge of the operation, has 55 workers on the project.

Continue reading "COSTA CONCORDIA: Another Victim's Body Recovered" »

The divers searching for bodies in the wreck of the Costa Concordia have reported that the condition inside of the ship is deteriorating, likely because of a combination of decomposing food and human remains. "Imagine the scene if you went on holiday and you came back to find the fridge had switched itself off. The divers are working in those conditions," reported Enio Aquilino, a fire chief involved in the search, to the press. (Photograph: AFP/Getty Images)

One of the divers described the air as "unbreathable," while another said the smell was "overpowering."

This may be partially because the death toll has now been set at "24 to 25," according to Franco Gabrielli, the spokesperson and commissioner for the rescue efforts. This is up 8 people from the previously reported number, indicating that there were more stowaway fatalities than was previously thought. It had been 10 days since the accident occurred.

The new, higher number of suspected fatalities was mentioned after the bodies of two more of the deceased were found near the Internet café within the lower levels of the ship. The bodies were discovered by divers who gained access to the lower part of the ship through holes created by explosives for that very purpose. The pair of women will be tested to see if their DNA matches any of the confirmed missing. There is speculation that one of the bodies is of an unregistered passenger.

Continue reading "COSTA CONCORDIA: Divers Describe Odor as "Overpowering"" »

Two more bodies have been uncovered aboard the Costa Concordia according to officials on Monday. I am sure family and personal injury lawyers representing the missing are anxious to learn who was recovered. The bodies of two women were reportedly located near the ship's Internet café and were discovered thanks to new holes that navy frogmen blew into the hull of the ship. Explosives were used to create holes in the Costa Concordia at depths of up to 59 feet below water, granting access to the ship's hard-to-reach fourth and fifth levels.

"Two more bodies, two women, were found," said Franco Gabrielli, the supervisor of the Costa Concordia search and rescue operations. "We cannot tell what nationality they were. They haven't been extracted [from the ship yet]." Gabrielli explained that investigators would use DNA matching to try to identify the victims. Relatives of the missing have now been waiting for word for 10 days.

17 people are still unaccounted for in the Costa Concordia wreckage, spanning across many nationalities and age groups. Investigators suspect that at least one stowaway may have perished in the accident as well.

Gabrielli assured reporters that the search for the missing would continue "until all parts of the vessel that can be inspected have been checked out."

The grisly discovery of the additional casualties comes just as officials were getting ready to pump fuel from the 114,500-ton Costa Concordia. The operation comes in response to environmentalists' concerns that a fuel leak could have catastrophic effects on a marine sanctuary located nearby which is home to dolphins, whales and other marine life.

Continue reading "COSTA CONCORDIA: 2 More Bodies Recovered" »

The Costa Concordia "mystery woman" has come out vehemently denying an intimate relationship with Captain Schettino of the ill-fated ship, despite reports indicating otherwise. "I'm not the captain's lover. You know why? He was always showing me photos of his daughter when she was little. A man who wants a lover doesn't behave like that," she told the Italian press. Domnica Cemortan, 25, was reportedly seen at dinner with Schettino by several passengers and crewmembers just before the disaster. She denies this as well: "It's false to claim that the captain was with us," she told the press. "At the time of the impact I was in the restaurant with some of the senior officers. The captain had stopped by earlier but I don't know exactly what time, maybe half an hour before."

Cemortan was also asked about reports indicating that she did not have her own cabin. She retorted by telling reporters that still had her ticket stub in her pocket.

Italian officials are reportedly interested in interviewing Cemortan, since she was with Schettino for so much of the night of the disaster. Their suspicions were peaked when Schettino reportedly told them that Cemortan was onboard the ship with her husband, which wasn't the case. Also, a Costa Cruises fitness instructor, Alexander Banescu, told reporters that it was public knowledge that Cermortan and Schettino are close and suggested that there may be more to the story. Schettino's criminal attorney had not commented on the rumors.

Cermortan had worked as a dancer for Costa cruises. She is reportedly the mother of a two-year-old girl.

Continue reading "(Costa Concordia) Domnica Cemortan: "I'm Not the Captain's Lover" " »

Joseph Ricciardelli was killed in a Boyton Beach, Florida car accident after he was struck on the shoulder of I-95 yesterday afternoon. Joseph Ricciardelli was a tow truck driver with Emerald Towing and was working at the time he was killed. According to news reports, Ricciardelli had stopped to help the Florida Highway Patrol tow a car south of Woolbright Avenue on I-95.

In order to safely tow the vehicle, Joseph Ricciardelli had to close off part of the HOV lane with traffic cones. After the vehicle had been loaded onto his truck, Ricciardelli began to collect his cones when the accident happened.

Based on my experience as a Florida trial lawyer, I expect Joseph Ricciardelli's family to be entitled to VERY substantial compensation for his death.

Given my perspective as a trial attorney, my role in this blog is to identify and discuss the legal issues created by this case, based on the information made public thus far.

An investigation has revealed that the accident was caused by Johnnie V. Knowles, who swerved into Joseph Ricciardelli in order to avoid a collision with the car in front of him, when that car unexpectedly hit its brakes.

Sadly, Mr. Knowles was also killed.

While the reason for the other car's unexpected braking is unknown, it is clear that Knowles is responsible for Ricciardelli's death because he had a duty to drive at a safe distance behind the car in front of him. Under Florida law, a safe distance is defined as the amount of space needed to come to a complete stop without causing an accident, should the car in front of you slam on its brakes.

Continue reading "Joseph Ricciardelli Killed on I-95 in Boynton Beach, Florida" »

Deputy John Blackwelder was killed in an Oakland Park, Florida motorcycle accident earlier this afternoon. According to news reports, Deputy Blackwelder was off duty at the time of the crash and riding his personal motorcycle. John Blackwelder was 45 years old and leaves behind two children.

Based on the facts of this case as reported by BSO and the media, I suspect that John Blackwelder's family is entitled to very substantial compensation for his death under Florida's wrongful death statute.

According to a press release by the Broward Sheriff's Office, Deputy Blackwelder worked for BSO from 2000-2007 and again from 2010 until his death earlier today.

As a cyclist myself, motorcycle accidents like this one resonate with me in a very personal way. While I ride a Trek road bike and not a Honda motorcycle like Deputy Blackwelder, I am very conscious of careless drivers who ignore the importance of looking out for those of us riding on two wheels.

You would be amazed to see the level of carelessness we riders encounter on Florida roadways. Sometimes it can really make you wonder.

Given my perspective as a Florida trial lawyer, I also can't ignore the fact that the other driver in this case was 75 years old. Moreover, a review of the accident facts make it sound as though this elderly driver was the one responsible for causing the accident.

Continue reading "John Blackwelder Killed in Oakland Park, FL Motorcycle Crash" »

Jennifer E. Jenkins and Kathleen M. O'Callaghan were killed in a Zolfo Springs, Florida car accident yesterday afternoon. Also injured was Daniel Jenkins and his 2 month old daughter Ashley Jenkins. According to news reports, the accident was caused by a semi-truck that crossed into Jennifer Jenkins' lane of travel and hit her head-on.

As a Florida trial lawyer, I can tell you that the families of Jennifer Jenkins and Kathleen O'Callaghan are most likely entitled to VERY substantial monetary compensation for their loss in this case. I also expect Daniel Jenkins and his daughter Ashley to receive substantial compensation for their injuries as well.

As a lawyer who travels all over the state and who has been on many rural highways, I will never understand why these high speed areas are only 2 lanes wide with no dividers between lanes. Every time I am passed by a semi-truck on one of these roads I hold my breath and sigh a relief when I am passed unharmed.

Why doesn't our government simply build these roadways wider? Why don't they put dividers between lanes? At least a painted median would create a buffer that might give a drifting vehicle that extra fraction of a second to avoid a crash.

I am always at a total loss when I hear of cases like this one.

Regardless, this entry will focus on the legal issues created by this case given my perspective as a Florida trial lawyer. I will offer my legal analysis and explain why I think the Jenkins and O'Callaghan families are entitled to very substantial compensation for their losses and their injuries.

Accordingly, lets begin with a discussion of the facts.

According to news reports, Jennifer Jenkins was driving a 2005 Toyota Corolla eastbound on SR 64 when a westbound semi-truck driven by Michael J. Phillips crossed the center dividing line and hit her head-on.

Continue reading "2 Naples Women Killed in Car-Truck Crash in Zolfo Springs, FL" »

Dr. Luis Bonilla and Dr. David Hines were killed in a Palatka, Florida helicopter crash early this morning. Both men are Mayo Clinic doctors who were flying to deliver a heart to a transplant patient. Unfortunately, the donor heart was also lost and the transplant patient has been put back on a waiting list. (Video credit: ABC News)

It is also important to mention that Dr. Bonilla and Dr. Hines were not alone. The helicopter pilot was also killed. His loss is equally as tragic.

(Photo Credit: Mayo Clinic and Kare11 News)

As the child of an SICU nurse mom and a neurosurgeon stepfather, this particular case resonates with me on a very personal level. Im not only bothered by the fact that three lives were lost, but the manner in which they were lost.

Namely, these three men, Dr. Luis Bonilla, Dr. David Hines, and the helicopter pilot were all engaged in a life saving mission. Their work was both honorable and benevolent in nature. To see them lose their lives doing this type of work strikes a chord and is nothing short of complete tragedy.

Not to mention the fact that the death of these doctors includes the loss of highly skilled, extremely specialized medical professionals. There is no doubt in my mind that these men would have continued to save lives, had they been given the opportunity to live longer.

This case is a real loss all around. It is loss for the men, it is a loss for the families, and it is a loss for the community and the patients they served.

Continue reading "Dr. Luis Bonilla and Dr. David Hines Killed in Helicopter Crash" »

An unidentified man was killed by a Tri-Rail Train in Fort Lauderdale, Florida earlier today. According to news reports, the man was struck by a Tri-Rail Train at approximately 7:15 a.m. in the area of Sunrise Boulevard and N.W. 6th Street. This case is still an open investigation and is being looked into by the Fort Lauderdale Police Department.

Given my perspective as an injury lawyer, I can tell you that a lot of very important information is needed before any case assessment can be made. Above all else, we need to know where the accident actually happened.

Was the man crossing the tracks in a designated pedestrian crossing area or was he trespassing on railroad property and attempting to cross in an unauthorized area where a train operator would not reasonably expect to see pedestrians?

In the alternative, even if the man did cross at an area that is not necessarily designated for pedestrians, did he cross in an area where the railroad knows there is substantial pedestrian traffic.

If so, the railroad may be liable to the man's family for his death.

Continue reading "Man Killed by Tri-Rail Train in Fort Lauderdale, Florida" »

Christopher Hall, 25, was killed in a car accident in Boynton Beach, Florida on Christmas Day. Also in the vehicle, was a 2 year old boy who was miraculously uninjured. According to news reports, Christopher Hall was driving a Mercury Grand Marquis around 11:00 a.m. Christmas morning when he came across a car accident in the 3400 block of North Seacrest Boulevard.

In response, Christopher Hall sped up and swerved into the southbound lanes. Then his car flipped over and struck a concrete power pole.

Fire fighters were able to rescue Christopher Hall from the wreckage after trying to free him for over 15 minutes. Hall was transported to a local hospital where he later died.

Police report that the 2 year old boy, whose name has not been released, was secured in a child seat and did not sustain any known injuries.

Given my perspective as an injury lawyer, this case has a number of important legal issues. Depending on what happened, the family of Christopher Hall may have a substantial claim for wrongful death. If the 2 year old boy is Christopher Hall's son, he may be able to bring the claim on behalf of Hall's estate.

Continue reading "Christopher Hall Killed in Boynton Beach Crash, Boy Survives" »