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.

Texting while driving is a rampant problem across the US, which often times leads to catastrophic car accidents. The state of Florida is one of the only remaining states who had not yet passed a law banning texting while driving, until now. The senate has approved and passed Bill 52 making texting a secondary violation for drivers, who are cited for a primary driving infraction. If it is discovered, that a driver is typing on any device whatsoever, he or she will receive an additional citation for this, now illegal activity.

Statistics indicate that thousands of teens and adults are killed each year due to texting and driving. Miami auto accident attorneys, as well as law enforcement deal with these critical cases on a regular basis. The dangers of distracted driving have been proven over and over again throughout the world. According to Distraction.Gov, drivers who use a hand held device are 4 times more likely to get into life threatening car accidents. Sending a text or an email can take a driver’s eyes of the road for an average of 4.6 seconds, resulting in serious car accidents that cause injury to drivers, passengers and pedestrians, alike.

Personal injury attorneys Nicholas and Philip Gerson have seen firsthand what can happen when a careless driver is holding the wheel and a hand held device at the same time. They have handled numerous cases in which a driver who sent a quick text or email caused serious harm to their clients. Wrongful death cases or cases of catastrophic injuries are the result of driver negligence.

If drivers were not otherwise distracted, they would have been paying closer attention to the road. Texting or sending emails while driving takes the driver out of the moment and away from noticing the street signs, lights, or innocent pedestrians. Frequently, teen agers who are new drivers are easily distracted by texting while driving. Due to their young age and inexperience, children’s slower reflexes become a handicap for them while navigating the road. 11 teenage drivers die every day in the US due to texting and driving.

Continue reading "No Texting While Driving Passes in Florida Senate" »

On March 2, 2013, FloridaToday.com reported on the unfortunate death of two Brevard County teens that were killed in a car accident caused by a suspected drunk driver. On February 28, 2013, Rachel Price, 18, and a passenger, Jamaree Cook, 19, were traveling west on U.S. 192 near St. Cloud, Florida when an oncoming pickup truck cut in front Price. Price’s vehicle collided with the pickup and then hit another vehicle stopped at the intersection, killing both Price and Cook. The driver of the pickup was arrested at the scene on suspicion of driving while intoxicated.

This unfortunate incident highlights a continuing problem of negligent and reckless drivers on Florida’s roadways. Because it is impossible to completely safeguard oneself from negligent drivers, it is important that motorists be aware that in the event they are injured in a car accident caused by the negligence or recklessness of another they have a right to compensation and in some instances punitive damages. Punitive damages are not recoverable in every case. Under Florida law, there first be a be a proffer of evidence in the record before a claim for punitive damages can even be included as part of a personal injury lawsuit.

Continue reading "Victims Of Drunk Drivers Entitlement to Punitive Damages in Florida " »

Recently CentralNY published a story on a tragic fatal Florida car accident that took the life of a college student. Details on the auto accident remain sparse, as authorities are still investigating to determine exactly what happened. What is known is that a 22-year old was on his way back to Santa Fe College in Gainesville after having spent the holiday season with his family. He was traveling south on Interstate 95 on Sunday when, for reasons that have yet to be determined, his car careened off the road. The vehicle eventually slammed into the concrete base of an overhead sign. The impact was severe, and the student did not survive the collision.

The Miami, Florida Auto accident attorneys at Gerson and Schwartz, PA say it is far too early to make any claims about whether or not there might be civil liability in this case. The road conditions may have been poor, items from another vehicle may have been in the road, his car could have malfunctioned, or any number of other factors may had led to the tragic accident.

Continue reading "Fatal Florida Car Accidents & Wrongful Death Lawsuits" »

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

Hospitals Overdosing Patients on Drug Already Infamous
For Causing Liver Failure

Findings published in the November 12 edition of Archives of Internal Medicine reveal that hospitals may be overdosing a significant number of their patients who are being treated with the drug acetaminophen. More specifically, researchers found, in two carefully studied inpatient facilities, that overall, 6.6% of patients on acetaminophen received more than the recommended daily dose of the drug. Among older patients and patients already suffering from chronic liver disease, between 18% and 22% were given more acetaminophen than is deemed safe for these high-risk populations.

These statistics indicate a gravely serious breakdown in the care of inpatients, but they are particularly concerning in light of the fact that acetaminophen, best known as the active ingredient in Tylenol, poses unusually high risks for liver damage at any dose. Acetaminophen’s infamous capacity to poison the liver has been the foundation of many liver-injury lawsuits brought against Tylenol’s manufacturer over the years, and news of institutional acetaminophen overdosing lends a new urgency to claims such as those raised by Charlotte Lee Thompson, a Floridian who suffered serious liver damage while taking Tylenol in 2008, and whose case against Tylenol’s manufacturer was very recently moved from a Florida state court to a Florida federal District Court.

The Well-Known Dangers of Acetaminophen

As stated in Ms. Thompson’s lawsuit filing, acetaminophen is the leading cause of acute liver failure in the United States. The above mentioned Archives of Internal Medicine report confirms this, and adds that acetaminophen is linked not only to liver injury, but also to blood clotting disorders and deafness. It is particularly easy to overdose on acetaminophen because the drug is a common secondary ingredient in many other drug products, and patients who are unaware that one of their medications contains acetaminophen may add Tylenol (or a store-brand equivalent) to their drug regimens, unwittingly exceeding safe dosage levels. This accidental overdosing can become chronic or “staggered,” and according to the February 2012 edition of the British Journal of Clinical Pharmacology, staggered acetaminophen overdosing is particularly likely to cause liver toxicity with life-threatening effects such as multiple organ failure.

In 2009, the U.S. Food and Drug Administration (FDA) recommended that acetaminophen manufacturers place stronger warnings about the risk of severe liver damage on their products. In 2011 the FDA directed manufacturers of combination drugs containing acetaminophen to limit acetaminophen content to 325 mg per unit. Effective earlier this year, in response to FDA pressure and high rates of acetaminophen-related liver failure, Tylenol’s manufacturer lowered the maximum daily dose for Regular Strength Tylenol.

The Consumer’s Right to Adequate Warning

Lawsuits filed on behalf of acetaminophen victims are generally framed as product liability claims, in which injured individuals focus on the unusual dangerousness of the drug and the inadequacy of warnings placed on product packaging. In the Florida case brought by Charlotte Lee Thompson, Ms. Thompson explains that in February of 2008, she took Tylenol for several days, all the while keeping her dosage within the limits recommended on the product packaging. During this period, she was admitted to hospital, on an emergency basis, for severe liver damage. She required over 10 days of hospitalization, enduring substantial pain and suffering, and later suffered a loss of earning capacity.

Ms. Thompson asserts that Tylenol is defective, unreasonably dangerous to consumers, and not safe for its intended use. Her complaint also states that she should have been warned that Tylenol should not be taken on an empty stomach, and that at the time she took the Tylenol, the manufacturer-recommended dosage was too high. In addition to these claims, Ms. Thompson has alleged that Tylenol’s manufacturer breached the implied warranty of safety that goes with consumer products like Tylenol. Ms. Thompson hopes to recover damages to cover her medical expenses and economic losses, along with damages for physical and emotional injuries and punitive damages.

Continue reading "Prescription Overdosing in Florida Hospitals" »

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.

According to the Miami Herald, a woman lost her life after a man recklessly drove his car into a Miami Gardens bus bench yesterday around 4 pm. 4 other people were seriously injured while waiting for the bus at Northwest 199th Street and Second Avenue. The driver who was speeding lost control of his vehicle and literally plummeted directly into the bus bench without even breaking.

One woman, Delia Tafur, wound up having both of her legs amputated. A second woman Wendy Vaszuez, 44, endured severe trauma to the head. Mary Smith, died at the scene, and two teenagers, ages 16, suffered fractures throughout their entire bodies. The name of this driver is still unknown and an investigation is pending. It will be interesting to find out if this driver was driving under the influence of drugs or alcohol or what is past driving record reveals about him.

Car accident attorneys are hired by victims’ families such as these to represent them in a court of law and to seek damages for their physical and emotional losses. Automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. Car accidents can result in multiple kinds of injuries, leaving individuals disabled for a lifetime. Tragically, a car accident can result in the loss of life of a loved one.

An experienced and qualified Miami personal injury lawyer can assist you in filing a claim for lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses, due to a car accident. You are entitled to financial payment for your medical bills, as well. Motor vehicle collisions are a serious crime if they are the result of negligent driving behaviors. If you or someone you love has been seriously injured or killed in an automobile accident contact the law firm of Gerson & Schwartz, PA for a free consultation, today.

The professional services you need to file your claim are available to you, and personal injury attorneys are prepared to help you get through this difficult time. For a hard working attorney who will be committed to your case call (305)371-6000 or contact info@gslawusa.com to see the firm’s website and to speak to an attorney

Gerson & Schwartz, PA will represent your family in an automobile accident case and wrongful death situation.

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 " »

A CSX train derailed yesterday killing two 19 year old women and demolishing several automobiles below the track. According to the National Transportation Safety Board, officials have reported that the derailment took place around midnight in Ellicott City Maryland. The CSX coal train was on route from West Virginia to Baltimore when it derailed, leaving horrifying sounds on and off its tracks. Witnesses claimed that the sound of screeching brakes were frightening and indicative of the disaster to follow. http://www.msnbc.msn.com/id/48745179

Although, the exact cause of this CSX train derailment is yet to be determined, typically train wrecks occur as a result of crew error like miscommunication or improperly maintained tracks. These unfortunate circumstances can lead to a train’s wheels literally jumping off their tracks. According to CSX spokesman, Bob Sullivan, the train which was traveling from Grafton, W. Va. to Baltimore consisted of two locomotives and weighed 9,000 tons. “The first 21 cars of the 80-car train derailed". In this instance, the CSX train was actually transporting 190 pounds of coal which spilled into the Palapsco River. This tragic train wreck resulted, not only in a loss of human lives, but affects the sea life in the river, as well. As a result, economic issues lie ahead, for all those involved. Reports have been made that the acidity in the water could become seriously elevated, threatening the aquatic life in the river. http://www.huffingtonpost.com/2012/05/22/india-train-crash_n_1534939.html

This kind of accident is all too familiar to attorneys like Philip M. Gerson at Gerson & Schwartz, PA. Having had experience dealing with CSX in the past for railroad accident cases, Gerson is aware of the difficulty involved in pursuing cases against railroad companies like CSX Transportation. "We need to understand the facts and deal with the people involved on a personal, human level, he said, from his office in Miami, Florida.

The event data recorder will likely provide investigators with important information about how the train was being operated, prior to this accident. A thorough investigation of all inspection records for this particular line of track are required, in order to determine whether or not the track malfunctioned. There is a high likelihood that the cause of this derailment was due to the way the locomotive was being operated and whether or not the tracks were properly maintained. Other accident causes can be due to the amount of cargo being hauled, the train speed, and operator error.

Coincidentally, Gerson, a board certified personal injury attorney, is currently litigating a pending case against the CSX railroad company. In Gerson's case: on February 8, 2007 there was a massive collision between a train and a car , killing one man and severely injuring several others .Those involved in this CSX catastrophe should hire an experienced personal injury attorney, as soon as possible. A full investigation should begin immediately. The National Transportation Board will also conduct their own investigation , but the results of that investigation will take months to be determined. The families of these two college students deserve fair and just representation for their losses.

Located in Miami, Florida, Gerson & Schwartz, PA have been litigating railroad accident cases and a wide range of accident cases involving personal injury or death for over 40 years.
If you or a loved one has been seriously injured due to the negligence of a 3rd party and seeks compensation and restitution for your pain, suffering, and bodily injuries, contact the law firm of Gerson & Schwartz, PA today. Consultations are always free and a friendly and comforting staff is available to hear your case and help you fight for your rights. Contact (305)371-6000 or info@gslawusa.com today.

Last week, the driver of a pickup truck carrying four Broward County teenagers lost control and rolled into a canal, killing one teen and injuring another. According to witnesses, a four door Toyota Tacoma driven by 18-year-old Vincent Terracciano was traveling westbound on Krome Avenue when the vehicle suddenly veered off of the dirt road near Okeechobee Road. The teens were reportedly headed to Mack’s Fish Camp to swim and fish on their first day of summer vacation. Instead, the owner of the camp, Keith Jones, pulled the four boys from the partially submerged vehicle.

Following the crash, three of the four teens remained conscious. According to Jones, the boys were trapped inside of the pickup with a small air pocket. Jones reportedly used a piece of farm machinery to roll the truck upright before he pulled all four young men from the vehicle. Jones stated he performed CPR on the unconscious teen, 18-year-old Nathan Northrup of Davie, until rescue crews arrived. Northrup was taken by emergency helicopter to Memorial Regional Hospital where he was later pronounced dead. Emergency responders also took 17-year-old Ricardo Vera to Memorial Hospital Miramar by ambulance for treatment of non-life threatening injuries. The driver and another 18-year-old passenger were not injured in the crash.

According to the Broward County Sheriff’s Office, drug and alcohol use was not a suspected factor in the accident. Although the cause of the crash is currently being investigated by the Sheriff’s Traffic Homicide Unit, investigators reportedly believe excessive speed played a role in the incident.

Unfortunately, automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. A car, motorcycle, or truck accident such as this one often occurs when you least expect it. Car accidents can potentially cause a wide range of complex injuries and lifelong disabilities. Tragically, motor vehicle collisions can also result in the death of your loved one.

If you were hurt or lost a family member in a motor vehicle crash, you may be eligible to receive financial payment for medical bills, lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses. A capable Miami personal injury lawyer can help you file your claim.

Continue reading "One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal" »

Polo mogul John Goodman was released from Palm Beach County Jail on Friday pending his appeal of a 16-year prison sentence following his DUI manslaughter conviction earlier this year. At trial, Goodman was accused of driving his Bentley while intoxicated, speeding, failing to stop at a stop sign, and colliding with a vehicle driven by 23-year-old Scott Wilson in 2010. As a result of the crash, Wilson’s Hyundai landed upside down in a nearby drainage canal. Goodman reportedly fled the scene of the car accident and failed to notify authorities about the crash for several hours. Meanwhile, Wilson drowned in his vehicle.

Goodman has been in custody at the jail since he was convicted in March. He was required to post a $7 million cash bond prior to being released. Goodman is also required to be within 100 feet of an off-duty deputy at any given time. Goodman must pay two off-duty officers approximately $1,000 per day while he is out on bond. One guard will apparently remain at his Wellington residence while the other will remain at his place of business, the International Polo Club Palm Beach. Prior to his release, Goodman agreed to a judge’s order that he stay away from the Wellington social scene and refrain from attending any polo matches, parties, or charity events. Further details regarding Goodman’s release from the county jail will reportedly be negotiated at a hearing scheduled to take place next week.

Goodman’s case made headlines last fall when he attempted to legally adopt his adult girlfriend, Heather Hutchins, while fighting a wrongful death lawsuit brought by Wilson’s parents. Although the adoption has not yet been legally recognized, Goodman will reportedly be taken back into custody if Hutchins attempts to access any of the money in his children’s $300 million trust fund.

Despite that Goodman posted a $7 million bond for his release, his attorney stated Goodman is now financially insolvent. He also said Goodman’s siblings actually posted the bond, which will be held by the County Clerk in a non-interest bearing account until it is either forfeited or returned. Goodman is reportedly appealing his DUI manslaughter conviction based on alleged juror misconduct as well as other grounds. If you tragically lost a loved one in an automobile crash with a drunk driver, you should contact a capable Florida wrongful death lawyer to discuss your case.

Continue reading "Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond" »

President Barack Obama has released a statement regarding what happened to young, African American, Trayvon Martin. Martin who was shot and killed in Sanford, Florida, by the notorious volunteer neighborhood watchman, George Zimmerman, was unarmed and had not committed any crime whatsoever. This is “a national tragedy”, said Representative Maxine Waters (D-California). How is that this “hate crime” against a black man (CNN) was committed and no one was arrested? This is the perplexing question that is continually being asked by Americans across the nation.

Unfortunately, “racism is alive and well” said a black veteran U.S. Police officer from Miami, Fl. (Reuters) Thus, the debate continues: Is the Florida “Stand your Ground Law” applicable in a case like this? Why was this man who is not even a police officer permitted to shoot and kill a young man and no arrest was made? Negligent Security attorneys at Gerson & Schwartz understand what remedies Trayvon’s family has in this wrongful death case. First of all, the 911 call made by Zimmerman reveals that the only information he gave to the dispatcher was that he was”wearing a hoodie” and looked as if he was “up to no good”. (Reuters) Civil attorneys like Mr. Philip M. Gerson have years of experience handling cases like this.

Although, the “stand your ground law” passed in 2005 is interpreted to be a self-defense law, this does not mean someone can literally chase down a man who looks suspicious, and base that suspicion on the way he is dressed…or the color of his skin, said Philip Gerson.

All fingers are pointed at the Sanford Police Department for racial profiling. It has become apparent to almost everyone that the color of Trayvon’s skin was a motivating factor for Zimmerman. There is no evidence showing that Martin was threatening Zimmerman in any way, shape or form. The self defense motive that Zimmerman’s lawyer, Craig Sonners maintains would never hold up in court, most likely.

This death was senseless and illuminates just how prolific racism is in our country today. Sonners’ statement that his “client is not a bigot” is bogus. If Zimmerman’s actions were innocent, the entire Sanford Police department would not be under such scrutiny.

As a matter of fact, lead investigator, Chris Serino, has come forward stating that contrary to his own desire to arrest Zimmerman, the State Attorney’s office told him there was not enough evidence for a conviction? (CBS) Clearly, something is not right in this case.

Continue reading "National Scrutiny Intensifies Surrounding the Shooting of Trayvon Martin: Why wasn’t George Zimmerman Arrested? Washington Weighs In " »

Last Friday, a Palm Beach County jury convicted 48-year-old John Goodman of motor vehicular homicide and DUI-manslaughter in connection with a February 11, 2010 car accident that killed 23-year-old Scott Wilson. The jury, which consisted of five men and two women, deliberated for approximately five and one-half hours and during that time requested to listen to 911 calls made after the accident. Goodman was immediately taken into custody and transferred to Palm Beach County Jail following the jury’s verdict. He now faces a maximum of 30 years in prison. Goodman is scheduled to be sentenced on April 30th.

The case made headlines across the world after polo magnate Goodman, who is an heir to a $1.4 billion Texas air conditioning fortune, adopted his 42-year-old girlfriend last fall. At trial, Goodman was accused of speeding while intoxicated in his normally chauffeured Bentley, running a stop sign, and crashing into Wilson’s vehicle. He was also accused of leaving the scene of the collision and waiting more than an hour before he notified authorities about the accident. Instead, Goodman purportedly walked away and called his girlfriend. Meanwhile, Wilson drowned in his Hyundai which landed on its roof in a nearby canal.

Goodman’s defense claimed the man sustained a concussion in the accident and did not realize Wilson’s car was upside down in the canal. Goodman testified that although he tried to stop at the stop sign, his Bentley malfunctioned and sped forward out of control. The defense team also provided testimony from an expert who stated the throttle on Goodman’s vehicle was stuck open before the accident. A juror stated after the trial that the expert’s testimony did not appear to be credible.

Following the crash, Goodman’s blood alcohol level was .177, more than double Florida’s legal limit of .08. Goodman testified that he was not driving while drunk. He claimed he drank the alcohol found in his system following the crash at a barn owned by a fellow polo player. Goodman stated he drank the alcohol merely to ease the pain of a broken bone. Prosecutors offered eyewitness evidence Goodman consumed at least four alcoholic drinks prior to the crash. The jury reportedly did not believe Goodman's account of the evening. Goodman is also facing a $100 million wrongful death civil suit filed by Wilson’s parents.

Continue reading "South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter" »

A Florida East Coast Railway train struck and killed 2 people in entirely different incidents. Jonathan Adario was killed when Florida East Coast Railway Train 210 hit him at a crossing in Fort Lauderdale. It was reported that Adario was laying on the tracks. But, Miami personal injury lawyer Nicholas Gerson who handles train accident cases says these initial reports don't often tell the entire story. We find that the reports are usually self sevring statements from train crew and not always based on idependent witnesses. Oddly enough, the same train just 10 hours later struck another man in St. Augustine and suicide is also being looked into. Where is the suggestion that the train crew or railroad were negligent said Nicholas I. Gerson of Gerson and Schwartz, PA . Gerson says that many times in train accident cases the police reports over look negligent acts of the railroad and their crew. The reports are often written favorably towards the train operators like CSX and Florida East Coast.

Its too early to tell. We will have to wait to see what the black box and other data can be retrieved. Gerson says that in many cases he sees the police reports will often say that a car ran into the path of an oncoming train suggesting the car but not the train was to blame. But is some cases Gerson has handled important facts such as whether the automatic crossing gates were operating are not mentioned anywhere.

Continue reading "Florida East Coast Railway Train 210 Kills 2 In Same Day, Personal Injury Lawyer Says Thorough Investigation Needed " »

An 18-month-old boy was found dead at a Homestead day care on Tuesday. The boy was found dead at Jomiba Learning Center, 1005 N. Krome Ave., according to Miami-Dade Police. The investigation into how the boy believed to be named Dominicue Andrews died. His body was recovered from the center’s building according to Detective Fernando Morales said.Police officers and Florida Department of Children & Families are investigating. The family had few answers Tuesday night. According to records obtained The Jomiba Learning Center, records show, had been open less than a year.Records apparently show that in three inspections conducted by DCF, the facility was cited once for noncompliance — for not having the required “Child Care Attestation of Good Moral Character” paperwork properly completed for all child-care personnel, according to a DCF report dated June 7. The Department of Children and Families, Child Care Services Program Office, is statutorily responsible for child care licensing and training throughout Florida. It is still too early to determine whether or not there was any negligence committed by the Jomiva Learning Center as the investigation has just begun.
The law firm of Gerson and Schwartz, P.A., has been representing victims and families for the negligence of others including day care center abuse and day care center neglect cases for over 40 years. For a free initial consultation, contact a day care center negligence attorney at 305-371-6000, or by email at info@gslawusa.com

For more information about this incident see: http://www.miamiherald.com/2011/07/12/2311266/police-investigating-child-death.html#story_link=email_msg#ixzz1S0eYZY9f

Continue reading "Homestead Day Care Center Death" »

Earlier this morning a Fort Lauderdale man was killed when he was struck by a truck on the Florida turnpike. The truck accident occurred in the early morning hours around 5:30 A.M. just off of Mile Marker 63, which is north of Commercial Boulevard in Pompano Beach, Florida. Driver negligence is likely to be the cause of this accident. Gerson and Schwartz, P.A. has over 40 years of experience representing victims and their families in wrongful death claims.Contact a Miami, Florida personal injury attorney at 305-371-6000 or via email at info@gslawusa.com if you or someone you love is in need of experienced legal representation.