Miami Injury Lawyer Blog

On Thursday, four people were killed in three early morning motor vehicle crashes on Miami-Dade and Broward County highways. A Miami Herald newspaper carrier and her father who was visiting from Nicaragua were killed in Miami-Dade County while on the way to a warehouse to pick up newspapers for delivery. The carrier, Carolina Cuadra, was driving south on the Palmetto Expressway around 1 am when a pick-up truck driven by 45-year-old Jeff Hood reportedly struck her vehicle from behind. Both Cuadra and her father, Isaac Antonio Lopez, were killed in the crash. Hood was treated on the scene by Miami-Dade Fire and Rescue for minor injuries. According to the Florida Highway Patrol, it is not clear whether alcohol was a factor in the deadly crash but charges are now pending against Hood.

Less than an hour later, a crash in Broward County claimed the life of 22-year-old Sara Ramirez Sandoval of Dania Beach. According to authorities, the accident involved two motorcycles that apparently collided on the Interstate 595 ramp to the Florida Turnpike. Both motorcycle drivers reportedly lost control on a curve, hit a retaining wall, left the roadway, and fell about 30 feet. Following the accident, the driver of the second motorcycle was taken to a local hospital in critical condition.

A few hours later, a hit-and-run crash in Broward County left a 20-year-old Sunrise woman dead. Bertha J. Rodriguez-Garcia was killed on Interstate 595 near Nob Hill Road when she was struck by a vehicle driven by 36-year-old Wilbert Saintubert of Fort Lauderdale. Saintubert allegedly lost control of the car he was driving and struck Rodriguez-Garcia’s Honda CR-V after he was hit by a dark-colored sport utility vehicle that reportedly fled the scene. Rodriguez-Garcia died after being ejected from her vehicle. The Florida Highway Patrol is currently on the lookout for the vehicle that caused the deadly accident.

Unexpected automobile, car, and motorcycle accidents can occur at any time. Tragically, motor vehicle collisions are one of the primary causes of injury and death in the State of Florida. Automobile accidents can cause a wide range of complex injuries and lifelong medical conditions. If you were hurt in a motor vehicle crash, you may be eligible to receive financial compensation for your past and future medical expenses, lost wages, lost earning capacity, suffering, and pain. A knowledgeable South Florida personal injury attorney can assist you.

Continue reading " Four Killed in Three Early Morning South Florida Vehicle Collisions " »

Two weeks ago, 13-year-old Caely Camacho was killed by a drunk driver, Sandor Guillen, in Southwest Miami Dade, Florida. Guillen was driving a 2010 Range Rover on a buses only road at 100 miles per hour, when he slammed into the Chrysler Town and Country Minivan that Caely’s father was driving. Caely and her older sister and father were on the way to school that morning.

Caely Camacho was airlifted to Jackson Memorial Hospital where she later died. Her father and sister suffered minor injuries. According to Local CBS.com, even Guillen suffered serious injuries including a punctured lung and several broken ribs. The Miami Dade Police Department charged Guillen with vehicular homicide, DUI manslaughter, leaving the scene of an accident causing serious bodily injury, and driving without a driver’s license. He was captured after he attempted to flee the accident on foot. A Miami judge set his bond at $1,000,000.

Sunday morning, it was reported that Guillen was trying to get the bond lowered. Caely Camacho’s older sister, who survived the crash, posted a video on her Facebook page pleading the community at large to appear at the courthouse and to sign an online petition, in an effort to keep the bond set at 1,000,000 and Guillen in jail. The Camacho family is concerned that Guillen is a flight risk, given that he fled the scene of the accident after it happened. He would possibly flee the US and go to Nicaragua, his native country.

Unfortunately, the Camacho family's efforts were unsuccessful. Tuesday morning, Sandor Guillen's, bond was reduced to $205,000. He was fitted with an electronic monitoring device and let out of the Dade County Jail on Wednesday. He is currently being held under house arrest and cannot drink any alcohol.

According to the NHTSA (National Highway Traffic Safety Administration), in 2008 one third of all traffic accident injuries or deaths involved drunk drivers. Miami is considered one of the most attractive tourist destinations in the entire world. With so many restaurants and nightclubs, it is a city where drinking and driving is extremely common.

Questions still remain about where Guillen was drinking, and if there are any other parties responsible for this tragedy. Under Florida’s Dangerous Instrumentality Doctrine, the owner of a vehicle is responsible for all harm or damages caused in an accident regardless of whether the owner is operating the vehicle at the time.

Drunk drivers are not only subject to criminal prosecution but also civil liability. Florida Statutes 768.72 allows a party to seek punitive damages when conduct is so reckless that it endangers the life and safety of others. This theory is often applied to drunk driving accident cases.

Victims of drunk driving accidents that have experienced catastrophic injuries or lost a loved one often face financial difficulties and require assistance to carry out daily tasks.
Gerson and Schwartz, PA have assisted numerous accident victims and their families including wrongful death claims, as a result of drunk driving accidents.

For a free consultation, or, if you or somebody you love has been injured or killed in a drunk driving accident visit www.injuryattorneyfla.com or call (305)371-6000

The Third District Court of Appeal reversed the trial court in Frazier v. Philip Morris USA Inc., and R.J. Reynolds Tobacco Company. The appellate court issued a 25 page opinion reversing and remanding the case for a new trial and stating that the late Phyllis Frazier should have been granted a directed verdict on the question of whether her lawsuit was covered by a four-year statute of limitations from a disbanded smoker class action, the 3rd DCA ruled. Philip M. Gerson and Edward Schwartz, PA with the law of firm of Gerson and Schwartz, PA represented the late Ms. Frazier in a hard fought 6 week trial. The jury deliberated finding that the Plaintiff proved her case on all but one issue.

Continue reading " 3rd DCA Reverses Trial Court and Orders New Trial In Tobacco Smokers Claim; Gerson and Schwartz, PA wins appeal for late smoker " »

A Florida mother has sued Heart of Florida Regional Medical Center and a nurse employed by the hospital for negligence after the nurse allegedly severed part of her 3-month-old daughter’s finger. The baby’s mother, Veronica Olguin, has alleged hospital nurse Emily Anna Stutz negligently failed to follow proper safety procedures while using scissors near her child. Olguin has also accused the hospital of failing to properly train its employees and failing to properly supervise Stutz. In the Polk County Circuit Court lawsuit, the baby’s mother is seeking more than $15,000 in damages.

The lawsuit resulted from an October 2011 incident during which Olguin’s daughter, Selena, reportedly lost half of her left pinky finger. According to Olguin, the nurse was attempting to cut a plastic intravenous tube from Selena’s hand immediately before the baby was scheduled to be discharged from the hospital following a fever. Instead, Stutz allegedly severed part of the child’s finger and ran out of the room screaming. Following the accident, hospital doctors unsuccessfully attempted to reattach the infant’s finger.

An attorney for the child’s mother claims the lawsuit was filed after the hospital refused to respond to his settlement requests. He also stated his client wanted to ensure other children did not become the victims of similar accidents in the future. Olguin reportedly expressed concern that the loss of her finger may result in future emotional damage to Selena. Hospital officials expressed regret over the incident and said the parties had yet to reach a settlement agreement.

An attorney for the nurse stated his client was distraught over the incident and took time off of work immediately following the accident. Hospital officials also stated Stutz is a skilled nurse who made an unfortunate mistake while removing bandages from an infant’s tiny finger. Stutz is still employed as a nurse at Heart of Florida Regional Medical Center.

Each year, many Florida residents are killed or disabled by medical negligence. Health care professionals such as doctors and nurses owe their patients a certain standard of care. When health care providers fail to provide the required level of care or make mistakes, a victim may hold them accountable by filing a medical malpractice lawsuit. If you or a family member was injured by a doctor or nurse, a capable South Florida medical malpractice lawyer can help you preserve your rights.

Continue reading " Polk County Hospital Sued After Nurse Severs Infant’s Finger " »

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.

Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship", said Attorney Nicholas Gerson of Gerson and Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.

Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

Continue reading " Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire " »

Another life has been taken by a hit and run driver in South Florida. Unfortunately, this time it was an innocent 5-year-old child who was riding her tricycle outside her home at a trailer park in Fort Lauderdale. The wrongful death of this child and many others in South Florida who have been killed or injured by hit and run drivers, continue to permeate the news. The Sun-Sentinel has reported that “two suspects have been detained without bond “ for this fatal accident.

Hit and Run accidents are a felony under Florida Law, and there are severe penalties, depending on the level of the perpetrator’s culpability. In this particular case where a small child was killed outside her trailer park home criminal charges could range from 5 to up to 30 years imprisonment. Identifying and uncovering all sources of financial responsibility is going to be important to this family. That is why contacting an experienced personal injury lawyer is always a good idea.

The van’s driver during this incident, Erik Garcia, 19, was driving without a license and was charged accordingly. Furthermore, Garcia was charged with “failure to remain at an accident involving death, failure to use due care” and an immigration investigation is pending as well, based on his Mexican citizenship. Sun-Sentinal.com. The second alleged perpetrator, Mario Alonso Argumedo, 19, “was charged with tampering with evidence, driving with a suspended license and permitting an unauthorized person to drive his white 1997 GMC van.” His bond was revoked due to a pending drug offense.

Under Florida Statute Sec. 316.027 “the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash…”

“Hit and run accidents are inexcusable” Accident attorneys like Nicholas Gerson of Gerson and Schwartz, PA pursues remedies for victims of hit and runs. “Restitution and helping obtain a full cup of justice is always our main focus and goal for all our clients”, said Gerson.

Sources:
Two Men Charged in Hit and Run that Killed Five Year Old (Sun-Sentinel , March 19, 2012)

Continue reading " Hit & Run Accidents in Miami Dade: Why are they so common? " »