Miami Injury Lawyer Blog

MIAMI, FL—A $3 million verdict was rendered against Miami-based Discover Day Care Inc. in connection with the alleged sexual assault of a child at the day care facility in 2008, NBC Miami reported. The lawsuit claimed the sexual abuse occurred after a teacher at the Miami day care facility placed her then-13-year-old son in charge of supervising the children during her lunch break.

According to information provided, the alleged child sexual assault victim—who was only five years old at the time of the alleged attack—testified that the teacher’s son sexually abused her during “nap time.” The sexual abuse lawsuit—which initially sought $25 million in damages on behalf of the victim and her family—claimed negligence on the part of Discover Day Care Inc. on the basis that the children were not under adult supervision when the illicit sexual encounter allegedly occurred.

The teacher’s now-17-year-old son was initially charged with sexual abuse, he pleaded no contest and was sentenced to counseling. While the jury was not aware of the said outcome of the criminal case as the civil trial was underway, three of the teen’s court-appointed therapists testified that the teen did indeed confess to inappropriately touching the young girl. According to one of the counselors, “He admits to touching her vagina.”

A defense attorney on the case told reporters he would file a motion for a new trial.

About the Miami injury attorneys and negligent security/premises liability lawyers of Gerson & Schwartz, P.A.

When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

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The cruise ship accident this past weekend aboard the Costa Concordia is inexcusable. With modern technology including sonar and GPS which average people have in their cell phones and recreational boaters almost universally use it is extraordinary and gross negligence for a professional sea captain, with thousands of lives in his hands to make errors which would cause a cruise ship with state of the art navigational tools, run aground. What is even more remarkable about this cruise ship accident is that this could happen in familiar waters just hours from one of the major cruise ports in the world. It is criminal that a captain would leave defenseless passengers and crew behind to avoid injury to himself.

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MIAMI, FL—Officials from the Miramar Police Department are investigating the recent stabbing of a 15-year-old girl, which took place in the parking lot of an apartment complex near Miramar High School. According to information provided by the Miami Herald, the teenage victim was stabbed after being confronted by a few fellow students—whom she had apparently gotten into a quarrel with at Miramar High earlier that day—on her way home.

Victim Kiana Henry, 15, was on her way home from school when a few female classmates approached her in the parking lot of the Village of Mallorca apartment complex-- located in close proximity to Miramar High. It was there that one of the girls pulled a knife out and went on to stab Henry twice. The victim apparently agreed to settle an argument that arose between her and the girls after school was let out for the day.

According to a friend of the stabbing victim—who told reporters her name was Lakoria—, “They got into an argument [at school] about somebody talking about somebody… She stabbed my home girl. I just saw her slice her. When she sliced her, everybody just started running.” The severely injured victim was subsequently rushed to Joe DiMaggio Children’s Hospital to be treated for her stab wounds. At last check, she was listed in serious condition at the hospital.

Tania Rues, a spokesperson for the Miramar Police Dept., told reporters that two suspects were taken into custody in connection with the violent near-school stabbing incident. Investigations into the incident are underway.

About the Miami injury law firm of Gerson & Schwartz, P.A.

When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

Continue reading " Police to Investigate Stabbing That Left Miramar High School Student, 15, Hospitalized in Serious Condition " »

MIAMI, FL—A 10-year Broward County Sheriff's deputy lost his life in an off-duty motorcycle accident in Oakland Park on New Years Day, according to information provided by WSVN. Reports appeared to suggest the off-duty BSO deputy suffered fatal injuries upon colliding with a vehicle at the intersection of Commercial Boulevard and Northeast 3rd Street.

John Blackwelder, a 45-year-old father of two and 10-year veteran of the BSO, was riding his motorcycle along westbound Commercial Blvd. when Stanjka Vangov—the driver of an unspecified vehicle—attempted to make a last-minute turn onto NE 3rd St in Oakland Park.

According to Sheriff Al Lamberti of the Broward Sheriff’s Office, “He attempted to avoid vehicle, but unfortunately he couldn't… But again, a very, very tragic day for us at the Broward Sheriff's Office."

While Vangov seemed to have escaped injury in the Oakland Park traffic crash, the off-duty BSO officer was not so fortunate. Blackwelder succumbed to his traumatic injuries at the scene of the deadly motorcycle wreck.

Vangov told reporters, “I said, 'My God, I think I could make it, to cross, and I don't make it… He hit my right back door. 'Boom!' Like explosion… Of course I wish, I wish I never get out of house today. I wish I never get out of house. That's how I feel.”

“I'm really sorry what's happened- person lose life. I'm really sorry,” the driver added.

Jeffrey Sheets evidently spoke to WSVN reporters at the scene of the fatal motorcycle accident and was quoted saying, “They don't look out for us guys on motorcycles. All it takes is a just a second to look to see us… People just absolutely pull right out in front of us…. We sat and we prayed for him, because it was the best we could do.”

According to statistics provided via the Fatality Analysis Reporting System (FARS), which was created by the National Highway Traffic Safety Administration (NHTSA), a total of 4,595 motorcycles were involved in fatal traffic accidents throughout the nation during the year 2009. Of those motorcycles, 431 were involved in fatal Florida crashes.

BSO detectives are expected to conduct a full investigation into the fatal traffic accident. No charges have been filed as of yet.

About the Florida motorcycle accident lawyers at the Miami injury law firm of Gerson & Schwartz, P.A.

Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Our experience spans 37 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in virtually every imaginable car or auto accident scenario. From head on collisions, rear end collisions, drunk driving cases, motorcycle crash cases. Our firm also has extensive experience handling more complicated automobile and car accident cases, which may include product liability claims like defective design and other auto manufacturing defects.

The Miami injury law firm of Gerson and Schwartz, P.A. is at the forefront in its creative use of video, animated accident reconstruction and computer graphics. The firm’s use of advanced technology is just one of methods it uses to bring about just and successful outcomes for car, auto, and other motor vehicle accidents claims.

If you or a loved one has been injured in a car, auto, or motorcycle accident contact a Miami car accident lawyer for a free consultation. Call us at 305-371-6000 or email us at info@gslawusa.com

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