Miami Injury Lawyer Blog

Earlier this year, Florida’s Second District Court of Appeals addressed the question as to liability of a co-owner of a vehicle for injuries caused by the negligent driving of the car’s other owner. In Ortiz v. Regalado, Andy Ortiz (“Andy”) was driving a car which he co-owned with his father when he collided with the vehicle of Lourdes Falcon, killing Ms. Falcon’s daughter who was a passenger.

Ms. Falcon filed a lawsuit, claiming that Andy was negligent in causing the accident and that his father was vicariously liable for Andy’s negligence as joint owner of the vehicle. As this blog has discussed before, vicarious liability, or respondeat superior, is a legal theory under which the superior, in this case Andy’s father, is held liable for the acts of his or her subordinate, in this case Andy.

After a trial, a jury found that Andy and Ms. Falcon were each 50% at fault for the accident and awarded Ms. Falcon a judgment for approximately $1.4 million in damages. Under Florida’s comparative negligence law, each party to an accident is held proportionately liable for damages resulting from his or her negligence. Accordingly, the court ordered Andy and his father jointly liable to pay half of the $1.4 million judgment.

On appeal, Andy’s father argued that he was not involved in the accident and should not be held liable merely because he was a co-owner of the vehicle. Andy’s father contended that he was entitled to a reduction in the damages under section 324.021(9)(b)(3) of the Florida Statutes, which sets a limit on damages for which an owner of a vehicle is responsible when the owner loans the vehicle to another whose negligent operation of the vehicle results in damages to another.

In rejecting this argument, the Court recognized that, although the law limits damages for the owner of a vehicle when the owner loans the vehicle to another, in this case, Andy’s father did not loan the car to Andy, rather Andy was lawfully driving the vehicle as its joint owner. The Court opined that, "An owner of an object can only loan that object to another who has no legal right to the object,” concluding that because the language of 324.021(9)(b)(3) is clear and unambiguous, the Court was required to give it its plain and obvious meaning.

Although the Court rejected the argument of Andy’s father, it acknowledged that the term "loans," was not defined in the statute. Accordingly, the Court further held that, “[b]ecause vicarious liability is of major concern to the citizens of Florida” it was necessary to certify a question to the Florida Supreme Court as to whether the damages limit under 324.021(9)(b)(3) should apply to vehicle co-owners.

Given the fact that thousands of vehicles on Florida’s roadways are co-owned, the Ortiz decision, as well as any subsequent decision by the Florida Supreme Court, is of particular importance to both plaintiffs and defendants alike.

The Miami personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact the attorneys of Gerson and Schwartz, P.A. today.

Violent criminals belong behind bars and their innocent victims need professional help. A qualified victims’ rights lawyer can assist. The world has been watching as the lives of 3 women have been revealed, after being abducted and held against their will for almost 10 years, by an alleged perpetrator in Cleveland, Ohio. The crimes committed against these women are unthinkable and devastating to their families and to the world at large. Justice must be served. The alleged perpetrator, 52 year old, Ariel Castro, is facing possible death penalty charges, and at the very least life in prison for his crimes of sexual violence and kidnapping against 3 innocent women. Castro is also being charged for the kidnapping of his own 6 year old child who was conceived as a result of the rape he committed against one of his kidnapping victims, Amanda Berry.

The crimes committed against these 3 innocent women include kidnapping, sexual assault and rape, as well as physical and psychological abuse. Castro may even face murder charges for the murder of 5 unborn fetuses, after he allegedly physically starved and beat one of his captives who became pregnant 5 times due to his raping her. Michelle Knight is thought to have suffered 5 miscarriages, due to Castro’s beatings and imposed starvation on the pregnant woman. Since, the death penalty is legal in the state of Ohio, where the crimes were committed, it is possible that Castro will in fact, face the death penalty, eventually.

Crime victim attorneys at Gerson and Schwartz PA have been handling cases of traumatic physical, sexual abuse and rape for victims alike and are experienced representing crime victims and their families and recovering civil awards for them through the Florida Justice System. The crime victims’ rights lawyers at Gerson & Schwartz are experienced at handling cases of a personal and sensitive nature making them among the most qualified, crime victim attorneys in the state of Florida. Gerson & Schwartz knows how to effectively bring claims against all negligible parties who may have contributed to the duress and permanent scars that crime victims like these 3 women in Ohio have endured.

If you or someone you love has been the victim of a violent sexual crime and is seeking restitution against responsible parties, contact the Miami, Florida personal injury law firm of Gerson & Schwartz, PA today for an immediate consultation. Call (305)371-6000 or info@gslawusa.com . Appointments are always free of charge and help is only a phone call away.

Earlier today, the 3rd District Court of Appeals affirmed a Miami Dade trial court verdict of nearly 1 million dollars against Club Nikki on South Beach. The case arises from an assault that occurred at Club Nikki and the Nikki Beach Club back in August of 2009. The victim, David Millian sustained facial lacerations after another patron attacked him with a glass by the bathroom on a Saturday night. A Miami-Dade County jury awarded the Plaintiff just over one million dollars after a six day trial. The lawsuit was styled Milian v. Penrod Brothers Inc. Club Nikki Beach is owned by Penrod Brothers Inc. and is located on One Ocean Drive on South Beach. Attorneys Philip M. Gerson, Nicholas, I. Gerson and Edward S. Schwartz, PA represented sued the club based on negligence principles. Under Florida law, night club operators are liable for the negligent acts of their employees. The allegations included that the Penrod Brothers Inc, failed to provide reasonable security on the premises which resulted in serious injuries to the Plaintiff. The Miami, Florida personal injury attorneys at Gerson and Schwartz, PA specialize in premises liability, negligent security, and crime victim cases throughout Florida.

Continue reading "3rd DCA Affirms nearly 1 Million Dollar Verdict against Club Nikki and Penrod Brothers " »

News is still coming in today about about Sandy Hook shooting massacre. With eerie similarities to the Columbine and shootings at Virgina Tech it is unthinkable how and why heinous crimes at schools are becoming more and more widespread. The latest calculations are that nearly 100 rounds of ammunition were fired and up to 30 children and adults have been killed. Crime Victim Lawyers at Gerson and Schwartz, PA believe that this is should be another wake up call to everyone from Congress to the members of the public.

Though the right to bear arms is a "constitutional" right recurring crimes like these at our most scared institutions require immediate legal reform. " How can someone just go and purchase 100 rounds of ammunition?" What does someone need a high powered machine gun for other than to kill and inflict serious bodily harm?, asked Nicholas Gerson

Though it is still unknown what other security and safety measures were breached, or if there even were any in place at Sandy Hook Elementary victims rights attorney Nicholas Gerson, believes people are still going to argue that this was just another isolated and unforeseeable incident. "We disagree." Reasonable security measures need to be enforced on a national basis- even at elementary schools. Gerson said from his Miami, Florida offices that the attorneys and investigators at his firm were monitoring the situation and have started their own preliminary investigation to determine how this happened, and what could have been to prevent it from happening.

For more than 40 years, attorneys at Gerson and Schwartz, PA have been assisting victims of crime and their families. For more information about national crime victim lawyers at Gerson and Schwartz, PA contact 1-877-475-2905

Tragedy struck a Dade County family, when a 13 year old girl was shot in the neck by another student on a school bus last week. According to reports by the Miami Herald and CNN, an unidentified, teenage boy was charged with manslaughter, after allegedly accidentally firing a concealed weapon on a school bus shooting Lourdes Guzman. The young girl was airlifted to Miami Children’s Hospital where she died the same day. (The Miami Herald) Lourdes Guzman was an innocent victim of a violent crime and the possible negligence of a bus company and driver, who took no action to prevent this senseless death. The crime victim’s younger sister, age 7, and seven other children were eye witnesses on this fateful day. The school bus was transporting children to 3 different schools. Guzman attended the Palm Glades Preparatory Academy.

This incident has shaken the community, and has made national news this week. Wrongful death cases should be litigated, and responsible parties should be held accountable. . The bus company owned and operated by Yelimar and Portieles might be to blame for this act, which could be judged as preventable and avoidable. Regulations for school buses should be improved, including video surveillance and possibly metal detectors are on board and other protections. Training school bus drivers how to manage children in a crisis such as this one would be helpful. Teaching school bus drivers how to intervene in potentially life threatening situations could save children’s lives. A child should never be allowed to bring a deadly weapon on board a school bus and action should be taken by the drivers in order to prevent this from ever happening! Hand gun owners and parents should be accountable too. There is no excuse for underage school children to leave home armed with a deadly weapon.

Personal injury attorneys can help victims and their families in seeking damages in a court of law. Settlements for death cases, sometimes can result in millions of dollars paid to a victim’s family. If a bus company is found to be a responsible party and is insured, attorneys for their clients can seek damages, for crimes committed against children being transported in these vehicles. Experienced attorneys at Gerson & Schwartz, PA are highly trained at handling wrongful death cases. Negligent school supervision and careless firearm safety have been the basis for successful recoveries for clients of the firm.

A teenage girl on her way to school, traveling with her sister and other children on a school bus should never have to fear being shot by a fellow student. Other students, who were riding on the bus that day, may have escaped with their lives; but they will forever live in fear that something like this could happen again. The post traumatic stress that the children and the victim’s sister and family will suffer is undeniable, and is also an injury which should not be overlooked.

The grieving family of Lourdes Guzman will never get their daughter back, and will struggle to make sense of this incident forever. Gerson & Schwartz, P.A. , knows how to assist families who are grieving the loss of a loved resulting from the negligent behavior of another. For over 40 years, experienced attorneys like Philip and Nicholas Gerson have assisted crime victims successfully and are available to help you, too. Contact the law firm of Gerson & Schwartz, PA today for a free consultation.

Contact (305)371-6000 or for an appointment today.

Florida A&M University responded last week to the wrongful death suit filed against it by the parents of Robert Champion, the young drum major who died at the hands of fellow marching band members during a notorious hazing incident that took place in Orlando last November. Triggering a tide of national media criticism, FAMU asked the Orange County Circuit Court to dismiss claims against it on grounds that Mr. Champion’s submission to hazing was itself an illegal act, and that, in any case, the University did all that it was required to do in the way of discouraging hazing practices.

According to a September 11, 2012 Orlando Sentinel report, the attorney for Mr. Champion’s family was shocked by FAMU’s blame-the-victim defense strategy, and he continues to maintain that FAMU is liable in damages because it failed to take available measures to end the culture of hazing that influenced members of its famous Marching 100 band, including Mr. Champion, to perform the “gauntlet” ritual that ended Champion’s life.

Civil Claim For Events That Included Alleged Criminal Activity by Others

FAMU’s court filing includes an alternative request that draws attention to another dimension of this case, which is the alleged criminal nature of the beatings that led to Mr. Champion’s death. The University is asking that if the lawsuit is not dismissed outright, then it be postponed until criminal prosecutions of band members charged in the hazing have been concluded. Twelve marching band members are currently fighting felony charges brought against them under Florida’s anti-hazing law. FAMU is apparently hoping that convictions of the band members will somehow reduce or erase its own liability for the activities that caused student Champion’s death. This, however, is not the way things are likely to work, because Florida’s anti-hazing law, and a body of court decisions that have addressed hazing, quite clearly impose on universities responsibilities that are not negated by the criminal acts of others.

Continue reading "Florida A&M Moves to Dismiss Hazing Death Suit. Sovereign Immunity a Problem for Injured Victims in Florida " »

Inundating the news media this week is the trial of former Penn State coach Jerry Sandusky, the accused sex offender who is charged with sexually assaulting 10 boys over 15 years. Each of these alleged victims were specifically chosen by Sandusky during the time he founded a charity for underprivileged boys, called The Second Mile. The victims spoke of their feelings of shame and fear not only about being abused, but also about their lost contact with Sandusky.

After, these boys were selected by Sandusky as his victims, he began purchasing gifts such as golf clubs, and watches.He gave them opportunities to attend Penn State football games and introductions to meet the players. In most cases, the victims came from homes where there was no father figure. Sandusky filled a void in these children's lives. They spoke of how Sandusky made them feel important, like a part of a family unit, that they otherwise lacked at home.

One of the most riveting moments in the trial thus far, was when one of the victims spoke about how he did not want the attention to stop. After it did, he was heartbroken. Perhaps even more perplexing is what child psychologist, Judith Cohen, medical director of the Center for Traumatic Stress in Children and Adolescents at Allegheny General Hospital in Pittsburgh, revealed. She explained that even when a child is being physically or sexually abused, if the child feels an emotional bond with the perpetrator, he or she may view the relationship as special. If and when the relationship ends, the children are often highly disappointed.

The victims on the stand during the Sandusky trial expressed this train of thought, exactly, (ABC.NEWS.com)According to the center for Disease Control and Prevention, one in 6 boys will be abused before they turn 18, and one in four girls will experience the same exploitation. Personal injury attorneys and law firms like Gerson & Schwartz, PA strive to protect children by recovering money damages from sexual predators to expose them, and to disable their ability to continue abuse.

Unlike many other crimes, sexual abuse is usually a long term behavior pattern by offenders. Crime victims, especially children, need professional representation from experienced lawyers to fight for their rights. As in the Sandusky case, children frequently do not come forward if they are being abused until they are prompted by adults who have some knowledge about the abuse.

If you have knowledge of sexual abuse or suspect that abuse may be happening please come forward. The team at Gerson & Schwartz, PA will protect your anonymity at all costs. We have consulted with lawyers representing victims in this case and are part of a national network of lawyers fighting to end sexual assault and exploitation of children.

Children cannot defend themselves, they need help. At Gerson & Schwartz, PA we will fight for the rights of those who cannot protect themselves. (305)371-6000 or info@gslawusa.com

On Friday, April 27, 2012 Governor Rick Scott signed into law a bill requiring anyone who suspects a case of child sexual abuse to report it to law enforcement. The Protection of Vulnerable Persons law will take effect on October 1, 2012, giving Florida the harshest mandatory requirements for reporting sexual abuse in the nation. Specifically, this bill requires that all colleges and universities adhere to stringent reporting criteria for all sex abuse violations that have taken place on their campuses.

Violations wherein a teacher, administrator, coach or any other school employee who does not “willfully or knowingly” report suspected abuse could result in serious fines and lead to criminal charges. Prior to this law, only a parent or caregiver was required to report suspected abuse. This led to an extraordinarily high number of unreported incidents and created a silence within our culture regarding sexual abuse of children. In addition, to a mandatory obligation to report any suspicion of child sexual abuse, criminal charges have also been increased from misdemeanor to third degree felony charges.

Department of Children and Families (DCF) will conduct time sensitive investigations of anyone who neglects to report child abuse. Under the new law, the State Attorney’s office will now review the actions of all school board employees, who employ anyone who is suspected of withholding information regarding a victim of child sexual abuse. Hopefully, the addition of increased fines, which can be up to $1,000,000 for any public college or university whose administration fails to report child abuse, is a step in the right direction for eradicating child sexual abuse at schools or on college campuses, and in the world at large.

In America today, it is estimated that there are 60 to 80 million survivors of sexual abuse. Many of these cases have taken place on college campuses and at public and private schools for elementary, middle, and high school aged children. Anyone who does not report abuse, under this new legislation could face up to 15 years in prison and a potential fine of $1,000 to $5,000.

In total, 4 new bills were signed into law and $1.5 million dollars for the relocation of sexual violence victims was set aside. New, steeper penalties for those involved in child prostitution were allocated for unreported crimes. While, funding for 47 additional staff members at the Department of Children and Families was authorized.

If you or anyone you know has been a victim of child sexual abuse, contact the offices of Gerson & Schwartz today, so we can help report this abuse with you. Our law firm has worked passionately on child sexual abuse cases for over 40 years in the Miami Dade County are, as well as throughout the state of Florida. We continue to pursue justice for victims through our connections and close relationships with crime victim organizations to aid families in abusive situations. our mission is to represent children and families, regardless of whether or not they are filing a law suit. At Gerson & Schwartz, we are dedicated lawyers, who professionally and continually recover damages for families who cannot fight for themselves.

We will continue our work in protecting the most innocent victims, our nation’s children, from sexual violence and abuse.
Call our offices today (305)371-6000 or email us at info@gslawusa.com
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Two cases of sexual assault occurred at the landmark Fountainebleau Hotel and Resort on Miami Beach last week.( The Miami Herald )In each instance, a woman was allegedly attacked and the assailants were both arrested by the Miami Beach Police. Why is it that their level of security does not measure up to the high quality attractions, including state of the art architecture, restaurants, pools, bars and night clubs which are all considered to be among the finest in the city of Miami Beach?

The Fountainebleau had a major renovation recently in which this iconic property was transformed from the Art Deco Era’s mecca to South Beach’s counterpart today. Certainly, the level of security should be expected to compliment the Fountainebleau’s other massive improvements.

In fact, Miami Beach police arrested a 26 year old male, Rafael Mungia, age 23 for allegedly raping a 23 year old woman, a hotel guest who was asleep in her Penthouse room in the Chateau building of the property. At Gerson & Schwartz, PA, we are interested in finding out how this could have taken place. Crime’s like this are inexcusable and should never occur, especially at a property of this magnitude and with such a fine reputation, said Nicholas Gerson.

Following this incident, the Fountainbleu further neglected to beef up their security despite what happened and yet another sexual assault occurred. This time at the pool area, no less, a very public part of the hotel if not the largest public area this resort boasts.

As hotel personnel stood by watching the assailant flee the scene, the victim was “found with an unknown subject” on top of her. (NBCmiami.com) Evidently, cameras captured this incident, yet no security measures were taken to prevent prevent it in the first place. This is grossly negligent of the hotel and its security staff. Attorneys at Gerson & Schwartz, PA have years of experience recovering damages for crime victims like this.

So, how is it that the legendary Fountainebleau Hotel and Resort does not have enough security to prevent rapes from happening right out in the open? They have spent millions of dollars renovating this famous destination property on Miami Beach but obviously have not invested in the security of their guests.

Crime victims such as the women who were vacationing at the Fountainebleau, deserve restitution. Negligent Security issues such as these are a specialty at Gerson & Schwartz, PA. Just last year, Attorneys Philip and Nicholas Gerson recovered 1.5 million dollars for a woman who was raped, who’s assailant was caught on tape.

Continue reading "Negligent Security Attorneys Warn Against Sexual Assaults at Miami Beach Hotel" »

The Sanford Police department is under intense scrutiny, after an investigation that is being referred to as one of the most media driven murder cases of this year floods the news. Trayvon Martin, an African American 17 year old boy was shot and killed by a Hispanic man, George Zimmerman, a volunteer neighborhood watchman patrolling his garden apartment complex on February 26, 2012. Trayvon had just finished purchasing a package of skittles candy and an Arizona ice tea at the local 7-11, when he was shot by Zimmerman.

Despite Zimmerman’s claims that, he was attacked by Trayvon and that he was acting in self defense, the community at large and now, the nation at large, believes that shooting this black man with a “keltek 9mm semi automatic handgun” was completely unnecessary. Trayvon did not have a weapon aside from an unopened pocket knife and was heard by witnesses crying and screaming. Sanford Police Chief Brian Lee, has “temporarily stepped down” from his position due to the has been criticism to put it mildly for poor investigation and police efforts to lead to an arrest of the shooter. Important pieces of evidence have been discovered which were not considered during the investigation including Trayvon’s phone records indicating he called his girlfriend right before he was shot, and that Zimmerman’s clothes were bloodied.

The most disturbing aspect of this story, is that the Sanford Police neglected to arrest Zimmerman in connection with the death of Martin, claiming there was no supporting evidence. Since then however, public opinion has been exactly the opposite. Presently, the Sanford Police are being blamed by everyone from Congress to the Al Sharpton for an unacceptable job in this investigation.

Continue reading "What rights do Crime Victims of any Race truly have?" »

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—Officials from the Miami-Dade Police Department (MDPD) have arrested two unidentified suspects in the case of a 17-year-old boy who suffered critical injuries in a brutal attack outside Coral Reef Senior High School in Miami. According to information provided by WSVN, the assault victim, who suffered a broken nose and also fractured his jaw in two places, has since been released from the hospital and is recovering from his injuries at home.

Reports indicated Christopher Lardner was in the parking lot of Coral Reef Senior High School following a Nov. 30 basketball game against Miami Killian Senior High School when he was violently beaten. Emergency medical crews subsequently rushed the assault victim to Kendall Regional Medical Center in critical condition.

According to the Edward Lardner, the teen’s father, “He was defenseless, he was unconscious, yet he was continually pummeled… He is a young, strong boy, but he doesn't know right now who hit him.”

Lardner’s sister, Angela also told reporters, “He doesn't deserve this. Nobody deserves to be beaten that way. Nobody deserves to be in that condition… He wrote to me on a little clipboard, because I wanted to ask him, I wanted to get down the facts of what he knew, and he told me no, and I believe my brother.”

Lardner, who was forced to undergo surgery to have rods placed in his jaw—which currently prevent him from speaking— was discharged from the Miami hospital on Dec. 4. It is expected to take a few months for the teen beating victim to recover from his assault wounds.

While reports suggested the Lardner family hired an attorney, they have yet to file a lawsuit in connection with the horrific high school beating. It was not clear what charges the unidentified suspects are facing with regard to the school attack. 

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.

Continue reading "Miami-Dade Police Arrest 2 People in Connection With Teen’s Violent Beating at Miami High School" »

MIAMI, FL—Four Florida A&M University students have been expelled in connection with the hazing death of a drum major in the school band, the Los Angeles Times reported. Although FAMU officials announced the students’ expulsions on Dec. 1, they did not state what offences the students were suspected of committing, specifically.

According to StateImpact Florida, authorities from the Florida Department of Law Enforcement (FDLE) are investigating the hazing-related death of Robert Champion, a 26-year-old drum major with Florida A&M University’s Marching 100. Champion apparently performed with the Marching 100 during the Florida Classic in Orlando on Nov. 19, but was later discovered unconscious on a bus, the LA Times and Orlando Sentinel reported. He was eventually pronounced dead. 

Florida Governor Rick Scott noted, “I think it’s very important that we do a thorough investigation, and I think it’s also important that we review our hazing policies…When things like this happen, you’ve got to make sure in your organization, our universities in this case, that people feel comfortable coming forward, you know, if they see something like this because I don’t want this to ever happen again.”

Florida Statute 1006.63 defines hazing as “any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.”

The Orlando Sentinel reported that the alleged hazing victim’s family has since filed a notice of intent to file a wrongful death lawsuit against Tallahassee-based Florida A&M University. The actual negligence lawsuit was expected to be filed within six months time.

Continue reading "Four Florida A&M University Students Expelled in Connection With Band Member’s Hazing Death" »

MIAMI, FL— November 21, 2011 - Officials from the United States Postal Inspection Service (USPIS) are investigating the Nov. 17 robbery and assault of a female postal employee in Hialeah. According to information provided by NBC Miami, an unidentified man struck the postal worker in the head with his gun before stealing her keys and a piece of jewelry and ultimately fleeing the scene.

Although details concerning the postal worker robbery remained scarce, Blado Rojas of the U.S. Postal Inspection Service told reporters an unidentified man approached the female postal employee as she was walking to her vehicle at approximately 11:30 a.m. The man subsequently pistol-whipped the woman—a four-year employee of the USPS whom was said to be in her 40s.

Rojas further suggested the attacker stole the postal worker’s keys and a gold chain before getting into a dark colored sedan and seemingly speeding away from the scene of the Hialeah assault and robbery. Reports did not specify whether the postal worker was making deliveries prior to the attack, which occurred in the 100 block of West 12th Street in Miami-Dade County.

Responding Hialeah Fire Rescue personnel provided preliminary treatment to the assault victim before transporting her to an area hospital with an unspecified head injury.

The USPIS has asked anyone with information about the incident and/or the perpetrator to call (877) 876-2455. There is a $5,000 reward for info that leads to an arrest in the case.

Continue reading "Female Postal Worker Hospitalized After Being Pistol Whipped, Robbed in Hialeah" »

MIAMI, FL— September 21, 2011 - As homicide detectives from the Miami Police Department (MPD) continue to investigate a recent shooting that took place at a downtown Miami nightclub, resulting in one death and causing seven others to suffer injuries, the unidentified gunman remains at large. Following the deadly Miami shootout, both the victim’s family and the owner of a nearby dance club scrutinized Nocturnal Nightclub for its slack security protocols, according to information provided by the Miami Herald.

Reports indicated at least one unidentified gunman opened fire in a room on the packed second floor of Nocturnal Nightclub, located in Miami’s Park West Entertainment District, at approximately 3 a.m. on Sept. 18. Clubgoer Brandon Marquis McGhee was killed in the gunfire. While seven other clubgoers were also shot, their bullet wounds were not considered life threatening.

MPD investigators seem to be on the lookout for one gunman, though there remains a possibility that another personal may have also been involved. Furthermore, it was not clear if there was a premeditated motive behind the shooting, or if an argument, for instance, spurred the violence. Nevertheless, MPD Sgt Confesor Gonzalez contended, “We believe they knew each other.”

News reports also appeared to suggest that security procedures in place at the Miami nightspot were inadequate. The victim’s mother told reporters, “It was just shocking that he was shot inside… Where were the people to help and protect him? The security, somebody?”

FLouis Puig, the owner of nearby Club Space, issued a statement to the Miami Herald, in which he referred to Nocturnal Nightclub’s “security apparatus is the most lax in all of South Florida.” Puig also contended, “I warned Nocturnal’s owner, Glenn Kofman that someone would get killed if Nocturnal kept hosting “gangster” parties… I honestly feel drastic measures are needed at this point in order to guarantee the safety and security of our neighborhood, residents and patrons.”

As the search for the perpetrator continues, investigations into the deadly South Florida shooting are ongoing.

Continue reading "Miami Negligent Security Lawyer News: MPD Homicide Detectives Investigating Fatal Downtown Nightclub Shooting" »

MIAMI, FL— September 13, 2011 - Officials from the Broward Sheriff’s Office appear to be investigating a deadly shooting that occurred at a well-known Lauderdale Lakes nightclub during the early hours of Sept. 8. According to information provided by the Miami Herald, two people, including a man who drew a firearm during an argument at the club, were killed, while 10 others suffered various injuries in the Broward shootout.

Reports indicated Vishna Beepot, a 26-year-old North Lauderdale man, pulled out his gun when an argument arose at the unspecified Lauderdale Lakes nightclub. Although an unidentified security guard also drew his firearm, demanding that Beepot put his down, Beepot refused to do so.

During the subsequent exchange of gunfire, both Beepot and another club-goer, 35-year-old Lauderdale Lakes resident Junior Lodge, suffered fatal gunshot wounds. Although the nightclub security guard managed to escape injury in the shootout, 10 additional shooting victims suffered unspecified injuries. The extent of their wounds remained unclear.

A full investigation into the double-fatal Lauderdale Lakes shooting was expected to be underway.

Over the weekend, a separate nightclub shooting in Palmetto, Florida also left two people dead. In that case, ABC Action News reports stated another 22 victims were hospitalized with various injuries. Although officials from the Palmetto Police Department have yet to make any arrests in connection with that particular shooting, Lt. Scott Tyler said .762 and .556 caliber ammunition was found at the scene, suggesting AK-47 and AR-15 rifles were likely used.

Continue reading "Miami Negligent Security News: Lauderdale Lakes Nightclub Shooting Results in 2 Deaths; 10 Additional Victims Hurt" »

MIAMI, FL—FBI agents arrested five people following a Miami Gardens robbery that ended with the death of a 26-year-old Brink’s armored truck guard. According to information provided by the Miami Herald, the robbery and subsequent fatal shooting occurred at the Calder Casino and Race Course on August 21.

Reports indicated 26-year-old Hollywood resident Uri Steven Ammar, as well as 25-year-old Vladimir Louissant, 26-year-old Victoria Barkley, 23-year-old Byron Kyler and 26-year-old Reginald Mitchell, whom all reside in Miami Gardens, face unspecified criminal charges in connection with the fatal Miami-Dade shooting. Officials from the Federal Bureau of Investigation (FBI) announced the arrests on Aug. 22. 

At approximately 5 p.m. on Aug. 21, one of the named offenders sat on a bench outside the Miami Gardens casino, awaiting the return of a Brink’s armored car courier. When Brink’s employee Alvaro Lopez Ramos did indeed return to the armored truck with a bag of money, gunfire erupted.

While the gunman subsequently fled the scene, Ramos suffered severe gunshot wounds, which eventually proved fatal. Although details concerning the violent armored truck robbery and fatal shootout remained limited, reports noted that several Brink’s armored cars have been robbed over the past few years. The Miami-Dade robbery/murder case is underway.

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MIAMI, FL—An arrest was made following a violent stabbing incident that occurred at a Broward County-based entertainment and retail complex during the early hours of August 21. According to information provided by the South Florida Sun-Sentinel, the 24-year-old stabbing suspect was arrested on charges of aggravated battery with a deadly weapon in connection with the attack, which left a 20-year-old man hospitalized.

Reports suggested 24-year-old Shaliko Sarkisyan stabbed 20-year-old Julian Gomez in the back after an argument spurred a short physical fight between them. It is suspected that a woman might have been an accomplice in the attack, which occurred in a bathroom at Las Olas Riverfront Entertainment Complex in Fort Lauderdale at approximately 3:10 a.m.

The unidentified female, who was said to be about “5-foot-5 and 150 pounds, with brown shoulder-length hair,” is suspected of ditching the knife in a woman’s bathroom before leaving the scene. Sarkisyan, on the hand, was arrested on charges of aggravated battery with a deadly weapon.

The Fort Lauderdale stabbing victim was rushed to Broward General Medical Center following the stabbing incident. He was allegedly deemed stable in the hospital on the night of August 21.

While it remained unclear if any security guards were on duty when the assault occurred, officials from the Fort Lauderdale Police Department are expected to conduct a full investigation into the stabbing case.

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MIAMI, FL— August 16, 2011 - The Broward Sherriff’s Office has launched an investigation into an injurious shooting that occurred in the parking lot of a Dania Beach motel at approximately 12 a.m. on Aug. 15. According to information provided by NBC Miami, while the shooting victim was rushed to Broward General Hospital after suffering multiple bullet wounds, the gunman’s whereabouts remain unknown.

Reports indicated employees at Red Carpet Inn, located along the 24000 block of State Road 84 (SR-84), called police when an unidentified man showed up at the front office after sustaining multiple gunshot wounds on the side of the motel. The masked gunman, who remains unidentified, subsequently fled the scene.

Broward deputies said they are looking for the shooter, who reportedly used a semi-automatic pistol during the violent attack. Witnesses alleged that the gunman’s four-door getaway car, which might be a Japanese model, was either maroon or a deep red colored vehicle.

Responding emergency medical services (EMS) personnel transported the shooting victim to Broward Medical Center. He remains hospitalized in stable condition. The search for the Dania Beach gunman is ongoing.

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MIAMI, FL— August 3, 2011 - Officials from the Lauderhill Police Department are on the lookout for a gunman who shot and killed a 34-year-old Coral Springs newlywed and father of three in the parking lot of a Broward County apartment complex. According to information provided by the Orlando Sentinel, the shooting victim was allegedly attempting to “make peace” between two people who were bickering outside the Olive Tree Apartments, located at 2051 NW 43rd Terrace, on June 30.

Reports indicated a man and a woman, both of whom remained unidentified, were arguing over money when Brandon James Lee approached them and tried to calm the quarrel. According to Samuel Preston, who was initially playing a game of cards with Mr. Lee, an unidentified man appeared from around the corner and began shooting just after 12 a.m.

Bystanders contended the gunman seemed to open fire upon suspecting that a certain group of people (who were hanging out on the north side of the complex at the time) had been disrespectful to the woman who was involved in the original dispute over $40. Preston told reporters that Lee suffered a gunshot wound to the back as he tried to run away from the gunman. He then suffered two additional bullet wounds during the Broward County shooting.

Friends of the shooting victim subsequently took him to Florida Medical Center. Lee’s traumatic injuries proved fatal after he was transferred to Broward General Medical Center. Reports note that Lee got married only a couple weeks prior to his death. It did not appear as if any others suffered any wounds during the shootout.

Reports did not specify whether there are surveillance cameras in place or security guards on duty at the Broward apartment complex. Nevertheless, investigations into the fatal South Florida apartment shooting, along with the search for the shooter who fled the scene, were expected to be underway.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami premises liability attorneys of Gerson & Schwartz have extensive and successful experience representing clients in all areas of security negligence and premises liability law. Having already spent more than three decades litigating a variety of complex injury and assault claims, the South Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help crime victims obtain the justice a compensation they deserve.

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MIAMI, FL—Officials at the University of South Florida (USF) recently reported that there appeared to be an upsurge in the number of sexual assaults reported on the Tampa-based campus, which accommodates approximately 40,000 students. According to information provided by the St. Petersburg Times, USF authorities noted that although seven sexual assault victims reported their cases last year, the highest tally since 2000, the general underreporting of college rapes makes it is hard to determine the true extent of the problem.

Reports indicated that compared with the number of sexual assault reports received by USF campus officials during an average year, there was more than a threefold jump during the year 2009. According to Nanci Newton, the director of USF’s Center for Victim Advocacy & Violence Prevention, the increase in sex assault reports suggests that more victims were taking the initiative to actually speak up about their attacks.

While all seven of the USF rape victims who came forward reported being attacked by individuals they knew or were even “dating” at the time, several factors often leave victims of so-called “acquaintance rapes” unable to obtain justice. For instance, proving a lack of consent can be a difficult process, even if the alleged attacker provides a signed confession. This is because unless prosecutors have another means of proving that the rape genuinely occurred, a signed confession cannot be considered a legitimate form of evidence.

Furthermore, Newton noted that since alcohol tends to play a role in many on-campus sexual attacks, it is hard to prove that the victim didn’t provide consent while drunk. Thus, jury members have been known to place blame on women who are intoxicated when they attacked. “Nobody understands the ruinous impact it has on the victim… She was defenseless, helpless,” Newton maintained.

With the U.S. Department of Justice (USDOJ) estimating that 95 percent of college rapes go unreported, it is not surprising that the problem has been referred to as a “silent epidemic” in the past. Shockingly, Justice Department statistics suggest 1 in 4 female students will fall victim to sexual assault or rape at some point during their college careers.

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Many law enforcement agencies and state attorney offices in Florida have victims' advocates, people paid to stay in contact with crime victims and their families throughout the criminal process. The Miami Herald recently reported on such a position at the Hialeah Police Department.

But while these people can aid crime victims through the criminal process, only a Miami personal injury law firm can aid crime victims through the civil process. While many crime victims believe their time in court ends when a defendant is found guilty and is sentenced, there are often avenues for Miami crime victims to recover money stemming from certain criminal acts.

For more than 30 years, dedicated Miami personal injury lawyers have fought for victims of crime in Florida courts. Over this span of years every type of crime victim lawsuit has been brought, from murder to assault and clergy abuse. Individuals, businesses and governments can often be sued when a crime is committed.

Florida has services available to aid victims, such as a compensation program for victims through the Attorney General's Office. That office also can aid in obtaining financial assistance for medical care, lost income, mental health services and funeral expenses. Click here to find a list of South Florida law enforcement victim advocates.

Florida has a Victims' Bill of Rights that states victims and their families have a right to be informed, present and heard when relevant at all critical stages of a criminal proceeding. It is a Florida Constitutional Amendment and it is important in making sure criminal victims are heard and well represented by the state.

But even the Attorney General's reach is limited. The funds available in its compensation fund may not sufficiently help a crime victim or their family. And sometimes only a lawsuit and successful jury trial can be the answer to help get a family back on track financially.

Criminal closure is one thing, but after that, you may need justice from the business or individual who wronged you or your family. Choose a firm that will fight for your rights and hold the criminals accountable.

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On November 22, 2010 a Miami-Dade County jury decided that Defendant Tenet Healthcare Systems d/b/a North Shore Hospital was negligent and thus legally responsible for a sexual assault by one of their patients on another patient in the hospital. The sexual assault took place in the behavioral unit of North Shore Hospital in 2007. After a six day trial the jury deliberated for nearly 4 hours before unanimously awarding $1,310,000. The case was tried by Philip M. Gerson, Nicholas I. Gerson, and Edward Schwartz of Gerson and Schwartz, P.A.

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Expensive rentals and condominiums provide extensive security programs to protect residents and guests. Low income renters often don’t get the same protection as more affluent apartment dwellers. Legal protections exist for government supported properties. Though not well known by the public many requirements for safety and security are mandated by federal statutes and regulations for subsidized housing. Developers and managers get rent subsidies, guaranteed loans, tax credits and other accommodations to encourage availability of housing for economically disadvantaged persons. Our law firm has identified these requirements and used them to establish the standard of care and duty owed to residents and guests. Where violations occur we have successfully helped victims recover money for their injuries.

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Gerson and Schwartz, PA recently obtained a $240,0000 settlement for our client who was assaulted in her apartment complex. Our client, had returned home one evening and parked her vehicle in her assigned space in the parking lot area in front of her second floor condominium apartment. As she exited her vehicle she was grabbed by a young black male, pulled out of the vehicle and thrown to the asphalt pavement. The man got in her vehicle and drove off the property.

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