Florida Injury Attorneys Blog

John Reynolds of Lehigh Acres, FL has been released from the hospital after he was treated for minor injuries following a car accident on Wednesday. Theresa Elisabeth Achaval and Robert Colyer, who were driving the Mustang that cut into Reynold's path, remain in critical but stable condition. They are being treated at Lee Memorial Hospital.

The car accident occurred yesterday at roughly 10:30 a.m. Police believe that Archaval, 41,was turning from Hanna Avenue onto Lee Boulevard in Lehigh, driving a Ford Mustang with Coyler, 82, in the passenger's seat. She accidentally crossed in front of Reynold's Chevrolet Monte Carlo, which was going in the opposite direction. The collision ensued.

Reynolds, 36, was treated at Lehigh Regional Medical Center and released on the same day as the accident. He reportedly suffered minor injuries. Achaval and Coyler, on the other hand, had to be air-lifted to the Lee Medical Center on Med Flight, where they remain in critical condition.

The homicide team in Lehigh is investigating the crash. As of now, the crash is not believed to have been a DUI or DWI. No charges have yet been filed.

Paul Alan Scheffer was arrested in Sarasota, Florida for DUI after allegedly sending David E. Bregg to the hospital in critical condition. Scheffer was booked at the Sarasota County Jail on Friday for one count of DUI involving bodily injury after the car accident. He remains incarcerated in lieu of paying $100,000 bail bond. Arraignment has been scheduled for March 16. It is not clear whether he has retained a private criminal defense attorney.

According to investigative reports. Scheffer, 54, was driving his 1993 Nissan truck north on Albee Farms Rd, and David E. Bragg, 38, was riding his 2007 Suzuki motorcycle southbound on the same road at around 6:22 p.m. Friday afternoon. At the intersection of Edmndson Rd and Albee Farms Rd, Bregg was continuing straight at a green light when Scheffer allegedly turned left in front of Bregg's motorcycle. Bregg was unable to stop or avoid Scheffer and ended up hitting the right rear side of the truck.

Bregg sustained serious injuries and was taken to Blake Medical Center in Bradenton for treatment. Reports indicate that he was in critical condition over the weekend. There have not been any updates as to his condition. Because of his injuries, he was unable to give officers his version of the car accident.

Scheffer told authorities that he turned left in front of Bregg because he had a green arrow at the traffic light. He was wearing a seatbelt and was not injured in the accident. Officers determined that he had been drinking and arrested him on the DUI charge. Scheffer sports a black eye in his mugshot; it is not clear whether it was sustained in the accident or was the result of another incident.

Scheffer has been arrested for drinking and driving several times in the past. The two previous arrest took place in August 1996 and October 1998. The details of the cases are not currently known.

Tom Holloway of Pensacola, Florida had all of his teeth and part of his tongue blown off when the electronic cigarette he was smoking exploded on Monday evening. Holloway suffered severe burns and injuries from the defective product and is believed to still be in the hospital undergoing treatment for his injuries, which will likely involve reconstructive surgery and teeth replacements. Thankfully, Tom Holloway's injuries are non-life threatening and he is expected to survive.

The incident occurred in Holloway's home in Panhandle, as Holloway sat in the study using an electronic cigarette. According to reports, his wife was in the other room at the time of the disaster. She heard an explosion and, right after, her husband's scream. "She said that it sounded like a firecracker, and it was just a horrible noise, and she heard him scream and she ran in there," said Wendy Jensen, a neighbor of the couple.

When Holloway's wife entered the study, she found her husband with blood running down his face, missing all of his teeth and a chunk of his tongue. The explosion was extremely hot and reportedly set the study on fire, although it is not known how extensive the property damage was. Rescue and Fire officials arrived soon after the explosion to assist Mr. Holloway, likely called by Holloway's wife or neighbors who heard the explosion and subsequent commotion.

Continue reading "Tom Holloway's Electronic Cigarette Explodes in Pensacola, Florida" »

Billy Nguyen was killed in Boca Raton, Florida in a Valentines Day motorcycle accident. Anthony Gaeta was driving the car that hit Billy Nguyen. News agencies are reporting that Billy Nguyen was only 20 years old and Anthony Gaeta was 73.

When it comes to motorcycle crashes and car accidents like these, I always wonder if age played a role in causing the accident. At 73, there is little doubt that Anthony Gaeta's hearing, vision, ability to perceive distance and speed were all impaired due to age. Not to mention, Gaeta may also suffer from age related cognitive problems, such as dementia.

As a Florida injury lawyer, I believe that Billy Nguyen's estate has a very valid claim for wrongful death against Anthony Gaeta and any insurance company that he may have.

As an accident attorney, my perspective in this blog is limited to commenting on the legal issues and how they might play out in a court of law.

Before I begin my analysis of this case, it is important to explain the controlling law. In Florida, as in other states, injury attorneys need three main things in order to build a winning case when it comes to a wrongful death action.

First, injury lawyers must be able to prove that the other driver, in this case Anthony Gaeta, acted negligently or intentionally when he hit Billy Nguyen's motorcycle.

Second, injury attorneys must be able to prove that the victim's death was caused or contributed to by the other driver's negligence.

Third, the other driver must have adequate insurance or personal assets to pay any judgment or out of court settlement.

According to news reports, the motorcycle crash happened at approximately 8:46 p.m. on Valentines Day. Initial reports indicate that Billy Nguyen was riding his 2007 Kawasaki motorcycle northbound on State Road 7. At the same time, Anthony Gaeta is reported to have been driving a 2010 Mazda when he made a U-turn into Billy Nguyen's lane of travel.

According to PBSO, Anthony Gaeta collided with Billy Nguyen's motorcycle when he made this U-turn and entered Nguyen's lane of travel.

As a result of the impact, Nguyen was thrown to the shoulder of the roadway where he was killed on impact.

Anthony Gaeta's vehicle was then hit by two other cars that were following behind Billy Nguyen.

Thankfully, none of the people in the cars were injured.

First and foremost, when it comes to the issue of negligence, it sounds as though Anthony Gaeta is 100% responsible for causing this horrible accident. In most cases, when a party makes a U-turn, he/she is responsible for yielding to other vehicles, especially on-coming vehicles.

Continue reading "Billy Nguyen Killed in Boca Raton, Florida Motorcycle Crash" »

The Florida Highway Patrol is still defending its' decision to reopen I-75 just before an 18-vehicle pileup sent 10 people to their graves in late January. The highway patrol had been drawing extreme criticism for its' decision to reopen the stretch of highway, which had been closed just 15 minutes before the accident because of low visibility due to fog and smoke from a nearby brush fire.

Meanwhile, funeral services for the nearly dozen deceased have all but wrapped, leaving family members and friends at a loss of what to do. A criminal investigation is pending as authorities try to determine if the brush fire was set purposefully. If it was and the perpetrator is caught, he or she could be charged with multiple counts of manslaughter. Others suspect that family members of the deceased may try to sue the Florida Highway Patrol for wrongful death because of its' decision to reopen the road.

The Gainesville car accident disaster occurred in the early morning hours of January 29th. The highway had been closed until around 3:30 a.m., when the Florida Highway Patrol said that the fog and smoke had cleared. However, conditions apparently deteriorated fast after they reopened the stretch, and a quarter of an hour later visibility was reportedly near zero, according to the patrol as well as drivers who were at the scene.

Continue reading "FHP Defends Re-Opening I-75 Before Pileup in Gainesville, FL" »

An accident in Northeastern Miami County about a week ago sent a pair of brothers to the hospital in critical condition, according to reports. The two brothers, aged 13 and 18, were riding an all-terrain vehicle near 223rd Street and Switzer Road, close to Bucyrus, when the accident occurred amidst rush hour traffic on a Monday.

The vehicle, like other ATVs, does not have an enclosed driver or passenger's compartment; rather, the top of the 4-wheel automobile resembles that of a motorcycle, with very little protection for occupants. Therefore, risk of injury is much higher in an ATV than a normal automobile, particularly if the ATV collides with a standard car or truck, as in this case. It is not clear whether the boys were wearing helmets, but it seems unlikely.

At around 5:17 p.m. last Monday, the 13-year-old boy, who was driving the vehicle, blew through a stop sign while driving himself and his little brother around on the ATV. It is not known if the boys' parents knew where they were. John Butel, 56, did not see them coming and the ATV and 2004 Chevrolet truck collided in the street, sending the kids flying.

Butel says that he was driving home from work at the time of the accident. After recovering from his shock of hitting the ATV, he said, he parked his vehicle, called 911 and went over to try to help the children. Other drivers who were passing the scene also stopped and offered assistance. Butel says that the children were moaning on the ground after the accident.

Continue reading "Two Brothers in Miami, Florida Seriously Injured in ATV Accident" »

Shelby Wing, a U.S. Postal Service mail handler in Miami, Florida drowned in a storm drain while attempting to grab his cellphone, according to reports. The incident has been classified as an accident by Miami-Dade homicide detectives, a full report will not be made public.

"It's one of those unforeseen freak accidents," said Javier Baez, a Miami-Dade County police detective.

Public information suggests that Wing had just finished up his shift along with 400 other workers at around 12 a.m. on Tuesday when he headed outside of the Miami Processing and Distribution Center, located at 2200 NW 72nd Avenue in Miami. It appears that he wanted to make a phone call in the parking lot. Although there were no witnesses to the incident, detectives believe that Wing had dropped his phone into a drain and removed the grate in an attempt to recover it. He then somehow lost his balance and fell head-first into the drain, where unfortunately he drowned.

The grate was found lifted from the drain and no indications of a murder were present. Wing may have hit his head when he fell, losing consciousness and subsequently drowning.

Continue reading "Shelby Wing Drowns in Miami, Florida Storm Drain While Trying to Retrieve Dropped Cell Phone" »

An unidentified Butler National Services Inc. worker accidentally severed part of his arm while on the job earlier this week. The man, said to be in his early to mid-40s, was working at a pumping station located at Hampton Pines Park, 7800 Hamptons Blvd in North Lauderdale at around noon on Wednesday when he got his arm caught in the pump. This somehow severed the man's arm at "about mid-wrist below his elbow," said Jennifer Johnson, a North Lauderdale spokeswoman.

The man was rushed to Broward General Medical Center for treatment following the accident, where he is reportedly recovering. He was apparently conscious when he was air-lifted to the Medical Center, but his current condition is unknown. He underwent surgery immediately following his accident. Reports indicate that North Lauderdale Fire Rescue Crews recovered the arm from the pump, although it is unclear whether medics were able to reattach the severed appendage.

The man received a visit from Curt Beadle, the president of Butler National Services Inc., in the hospital. Butler National Services has indicated that it is concerned about its' injured employee, although it is not releasing the man's name because not all of his relatives have been informed of the accident yet. It is not clear how long the man was employed by Butler National Services, which is based in Fort Lauderdale.

Continue reading "Worker at Butler National Services in North Lauderdale, Florida Loses Arm" »

Brian G. Serger was seriously injured in a Titusville, Florida crash this past Sunday morning. According to news reports, Lori Cay Cromwell was driving the wrong way on State Road 528 when she collided, head-on, into Brian Serger's BMW.

Sadly, Lori Cromwell was killed.

Brian Serger was taken to Cape Canaveral Hospital where he is being treated for serious injuries.

Given my perspective as a Florida injury attorney, I can tell you that this is a black and white case of clear negligence.

While it is very sad that Lori Cromwell lost her life in this case, she is nonetheless the singular reason why Brian Serger is sitting in a hospital with serious bodily injuries.

When a car accident of this type is litigated in court, injury attorneys need to establish three important things in order to successfully collect compensation for their injured clients.

First, injury attorneys must prove that the offending party acted with negligence. This means that the victim party must be able to prove that the offending party did something wrong to cause the accident.

Continue reading "Brian G. Serger Seriously Injured in Titusville, Florida Crash" »

A massive car pile up on I-75 near Gainesville, Florida has killed 10 people and injured at least 18 others. According to news reports, the massive car accident was initially caused by heavy fog and smoke. News outlets are reporting that the smoke may have come from an intentionally set brush fire. After crashing into each other, one after the other, a number of the involved vehicles burst into flames. (Photo: Fox News)

The fire was so intense that one tractor trailer was reduced to its metal skeleton, while the tires of other vehicles were burnt completely off, leaving only bare metal wheels.

For those who are unfamiliar with brush fires, I can tell you that they are actually quite common in Florida. I myself have witnessed many brush fires on Florida's roadways.

Unlike brush fires that occur naturally, most brush fires in Florida are intentionally set by farmers looking to fertilize and clear land to prepare for new crops.

I myself have even seen how these fires are set. Described briefly, farmers basically drive along the border of a field in a tractor that is specially fitted with a fire spitting receptacle that is aimed at the base of the brush being targeted.

Continue reading "Florida Highway Pile Up Kills 10 Near Gainesville, Florida" »

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" »