Florida Injury Attorneys Blog

Brandon Fritz of Melbourne, Florida was killed in a car accident on Sunday, March 25 when the vehicle he was riding in crashed, causing him to fly out of the window. Five of the 15-year-old's friends, including 16-year-old Zachary Roy, who was driving at the time of the accident, were injured in the crash. An investigation into the car accident revealed that it may have been caused by a tire problem. Investigators have yet to determine whether a manufacturing error may have been at fault.

According to the accident report by the Florida Highway Patrol, the car's other occupants were Lucious McKay, 17, of Bayside High School; Dymond Thomas, 15, of Heritage High School; Alexander Hartfield, 15, of Eau Gallie High School; and Michael McCauley, 15, also of Eau Gallie High School. The group was driving back from a March Madness basketball tournament in Orlando, which they entered as members of the Brevard Elite AAU traveling basketball organization. Roy, Thomas, McCauley, Hartfield and Fritz were in the winning 10th grade division. Alcohol or drugs are not suspected as factors in the crash.

Investigators determined that the tread separated from a rear tire of the Chevy Tahoe as Roy drove on Interstate 95 in Melbourne at approximately 11:44 p.m. on Sunday. Roy lost control of the vehicle, which flipped over several times and hit a Mazda before coming to rest of the shoulder of the highway. Fritz was projected through a window and was pronounced dead at the scene by emergency medical workers. The Mazda that was struck in the accident contained a passenger and driver, who were both treated for minor injuries following the accident.

Fritz was not wearing a seat belt at the time of the crash. His friends later told deputies that Fritz had not been wearing a seat belt because he gave his seat to a friend. "Another kid came along and Brandon was a nice guy and said 'I will sit in the back,'" explained a friend. "There was no seat belt or anything." Fritz was the oldest of three siblings and has left behind an 11-year-old brother and 2-year-old sister.

Fritz was on spring break from Eau Gallie High School, where he played defensive line on the football team and power forward on the basketball team. He was a freshman at the school, which will be offering grief counseling to students when they return from spring break. Derek Smith, the athletic director at Bayside High School said that he had talked to coaches from the other schools as well as Alexander Hartfied and Lucious McKay. He reported that everyone is "fine physically, but mentally are not doing good with the loss of a good friend and teammate."

"I heard about it at 8 a.m.... my friend called and I just broke down and cried and hugged my mom," said Janiel Garcia, who played basketball with Fritz. "Hoops was his passion. He played a little bit of football but he was a basketball player. He had the heart of a basketball player."

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" »

John Lee Wilcox died in a Deerfield Beach, Florida car accident early Thursday morning. According to news reports, John Wilcox died after his car crashed into an Oldsmobile driven by another person. According to news reports, the crash was caused when a semitrailer driving in the opposite direction, on the other side of the highway, lost one of its dual rear tires.

Horrifically, the free tire bounced and rolled across the highway at high speed until it crossed into southbound traffic. This free tire collided with at least one vehicle and caused a chain reaction crash between two other vehicles, including John Lee Wilcox.

From my perspective as an injury lawyer, I can tell you this case is a textbook example of a freak accident - for the victims.

For the semitrailer, on the other hand, I bet the cause of the accident was not so freakish. Meaning, I am sure a thorough investigation conducted by police and injury lawyers will reveal something wrong with the tire in question.

Given my experience in analyzing causation as a trial attorney, I can tell you that this tire broke loose due to one, or a combination of the following:

- Negligent Installation
- Negligent Maintenance
- Negligent Manufacturing
- Defective Components

As I have mentioned countless times on this blog, an injury lawyer must develop three main components to build a winning case for his/her client.

Continue reading "John Lee Wilcox Killed in I-95 Crash in Deerfield Beach, Florida" »

Dr. Michelle Ferrari-Gegerson, 37, was allegedly strangled to death in Parkland, Florida by an electronic massager on Christmas eve. According to news reports, this horrific accident occurred when Dr. Ferrari-Gegerson used the electronic massager to releive neck pain after an evening of wrapping gifts.

It is alleged that the neck massager became entangled with a necklace she was wearing. Her husband, Dr. Kenneth Gegerson, a dentist, discovered her laying unconscious on their bedroom floor around 9:00pm that night. He is said to have immediately dialed 911.

As a trial lawyer, my instinct tells me that Dr. Ferrari-Gegerson's family may have a very good case against the manufacturers of this electronic massager because it was foreseeable that consumers would use the electronic massager on their necks while wearing necklaces.

In fact, I wonder if there have been any other accidental deaths caused by this particular electronic massager.

As a 37 year old radiologist, it is clear that Dr. Ferrari-Gegerson was an intelligent, educated woman. I seriously doubt, in the strongest way possible, that she used the massager in any way that contributed to her own injury. Moreover, I am extremely confidant that she had the brains to properly use the massager as it was intended to be used by the manufacturer.

Continue reading "Michelle Ferrari-Gegerson Strangled by Neck Massager in Parkland, Florida" »