Miami Accident Lawyer Blog

July 11, 2012

July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.

July 5, 2012

Internet Child-Porn Charges against South Florida Public Officials Continue to Shock and Appal

by Gerson & Schwartz, P.A.

Another case of internet child pornography takes notice by the South Florida Community, this time surfacing in the Miami Herald news. A US immigration and Customs Enforcement former chief will plead guilty to charges of sending, receiving, and possessing internet pornography on his home computers. Why do public officials who are supposed to be protecting citizens and children believe they are above the law? The internet has become a vast playground for child molesters and predators to view indecent images and to facilitate victimizing children. In this case, Anthony V. Mangione was arrested and will change his plea to guilty in order to receive a lower sentence.

The good news is that Mangione has retired and his 16 cell phones and over a dozen computers were confiscated. Hopefully, the equally horrible individuals with whom he was sharing the illegal images will be caught and will get justice as well. Too often, it is the people who one would least suspect, such as Mangione whose child porn offenses took place during his 27 year career serving as an agent with the Immigration and Customs Enforcement Division of South Florida. The most devastating part of this story is, the fact that, part of Mangione’s job was focusing on child pornography and working to eradicate offenders from sharing their child pornography images across the internet with other predators and sex offenders.

Internet child pornography and sexual abuse of children must be stopped. Experienced lawyers and professionals who work with crime victims are at your service to help you stop a predator or report their crimes to the proper authorities. It is the duty of these lawyers and advocates to help protect the rights of children who are being abused or exploited.

July 3, 2012

Four Dead Following Pedestrian Accident Near New Marlins Baseball Park

by Gerson & Schwartz, P.A.

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

June 22, 2012

East Naples Man Sues Hospital After Suffering Second-Degree Burns in Operating Room Fire

by Gerson & Schwartz, P.A.

An East Naples man is suing NCH Downtown Naples Hospital after he reportedly suffered second-degree burns during surgery to install a pacemaker in 2008. Earlier this month, 72-year-old Frank Komorowski testified that he was burned on his chest, neck, and shoulder while under anesthesia. Komorowski stated he awoke to smell his own skin burning after he heard a nurse’s screams.

Although surgical fires are rare, between 550 and 650 operating room fires occur each year in the United States. In addition to severe burns, surgical fires may cause permanent disfigurement and death. The Anesthesia Patient Safety Foundation estimates about 65 percent of operating room fires involve a patient’s face, neck, head, and upper body. If a burn reaches the patient’s airway, it is often fatal. The problem is common enough the nation’s Food and Drug Administration (FDA) began a medical professional education safety initiative designed to combat operating room fires last fall. The FDA also recently held a webinar to teach health care providers how to reduce the risk for surgical fires.

At a recent hearing on Komorowski’s case, an attorney for the hospital argued in Collier Circuit Court that the hospital was not negligent. Instead, she told the court the surgeon who installed the pacemaker caused Komorowski’s injuries. The attorney also argued the hospital could not be held liable because the surgeon was not an employee of the hospital at the time of the fire. An expert for the hospital stated oxygen under a surgical drape likely caused the fire.

Komorowski’s attorney countered the hospital’s arguments by stating it is widely recognized that surgical fires do not occur absent negligence. Although no one was willing to take responsibility for the incident, operating room nurses and Komorowski’s own surgeon reportedly agreed that an alcohol-based antiseptic was not allowed to dry fully before the surgeon began to operate. As a result, an electrical cauterizing device allegedly ignited the fire.

Following the hearing, Judge Hugh Hayes ruled adequate evidence existed to prove hospital negligence. As a result of the judge’s ruling, a jury will soon be tasked with determining the amount of damages Komorowski and his wife will receive from the hospital as a result of his burn injuries.

Each year, many people in Florida are hurt or killed by a health care provider’s negligence. Medical professionals such as surgeons and nurses have a duty to provide their patients a certain level of care. When health care providers make mistakes or fail to provide the required level of care, a patient may file a medical malpractice lawsuit. If you were hurt by someone tasked with providing your medical care, you should contact a skilled South Florida medical malpractice attorney to help you protect your rights.

June 18, 2012

Sandusky Trial Continues: Victims Tell the Jury How They Felt Mixed Emotions

by Gerson & Schwartz, P.A.

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.

June 15, 2012

One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal

by Gerson & Schwartz, P.A.

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.

June 11, 2012

Texting While Driving: A Leading Cause of Car AccidentsToday

by Gerson & Schwartz, P.A.

Statistics have shown that texting while driving is a leading cause of car accidents today. In fact, motor vehicle accidents involving negligent drivers who are sending texts while driving down the road are reaching epidemic proportions. In 2010 AT&T launched a campaign “Texting and Driving…IT Can Wait” to raise public awareness about the seriousness of texting and driving for teens and adults, alike. Now, the cellular giant has extended its campaign by going into high schools and conducting a demonstration for students using a driver simulated computerized program; in order to exemplify how quickly, sending a text message can turn into being involved in deadly car crashes.

The fact of the matter is that texting and driving has not yet been outlawed in the state of Florida. Despite that fact that there is various legislation in the works, such as “Heather’s Law” and more recently, “Ali’s Law”, Florida lawmakers have not agreed upon a plan to make our highways and roads safer. The ongoing discussion between Florida lawmakers, concerning the connection between motor vehicle accidents and texting are still being debated.

Car accident attorneys at the Law Firm of Gerson & Schwartz, PA understand the risks involved in this dilemma. According to the National Safety Council, more than 25 percent of car accidents in the U.S. are caused at least in part by cell phone use. The distractibility of a driver who uses a cell phone to text is clear. Fatal car crashes occur daily when individuals take their eyes of the road to read or send a text message. This distractibility is a recipe for disaster.

June 5, 2012

Club Lexx Night Club Shooting : One Man Killed by Security Guard

by Gerson & Schwartz, P.A.

This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called “Club Lexx”, located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer’s expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

May 18, 2012

Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond

by Gerson & Schwartz, P.A.

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.

May 11, 2012

Abuse and Neglect in Florida’s Assisted-Living Facilities

by Gerson & Schwartz, P.A.

A recent investigation by the Miami Herald revealed that many assisted-living facilities are allegedly ignoring a Florida law designed to protect residents. The 1980 Resident Bill of Rights was enacted to protect elderly and mentally ill care facility residents who sought an alternative to traditional nursing homes. Florida’s Agency for Health Care Administration (AHCA) is responsible for monitoring the state’s 2,850 assisted care facilities. According to the newspaper, the Agency frequently failed to take action against assisted-living facilities despite police and inspector reports that residents were being denied basic needs.

For example, Bruce Hall, the owner of a Washington County facility, was directed by the Agency to sell the Sunshine Acres Loving Care facility only after neighbors organized to put pressure on the AHCA. Despite that the facility received more than 100 violations in 14 years and the owner allegedly threatened inspectors on more than one occasion, Hall was still provided with a one year grace period in order to secure a purchaser for the facility.

The Miami Herald reportedly found that as Florida’s elderly population grew, the level of care and state oversight at assisted-living facilities declined. To illustrate, although 550 new nursing homes opened in Florida during the last five years, the number of state inspections declined by 33 percent. Additionally, the newspaper reported that although assisted-living facility violations such as the use of illegal restraints are common, the resulting fines that are issued by the Agency are often decreased or waived. Despite a large number of allegedly serious care facility violations, Florida has closed only seven assisted-living facilities during the last two years.

According to the Miami Herald, unsafe conditions at a number of facilities has prompted several government agencies to cut funding to particular assisted-living facilities the AHCA has allowed to remain open. The Mental Health Project out of Miami-Dade Court reportedly will not allow the individuals it serves to stay at the All America ACLF, where a 71-year-old-mentally ill resident died in 2006 as a result of scalding burns after being left unattended in a bathtub. Although the facility was allegedly cited by the AHCA more than 100 times since the incident, it is still licensed and open. The Agency for Persons with Disabilities also reportedly cut all funding to the Hillandale ALF after it was accused of punishing the mentally ill by locking them away in closets.
The Miami Herald claims the AHCA rarely imposes the maximum fine allowed on assisted-living facilities that violate Florida law. In 2009, the Agency imposed only $650,000 in fines despite that the Florida Legislature expanded the AHCA’s power to fine care facilities in the same year. According to the AHCA, the Agency’s goal is not to punish facilities but instead to encourage compliance with state law. Penalties such as fines are reportedly only used as secondary enforcement measures. The AHCA also stated it will only consider revoking a care facility’s license as a last resort. First, other solutions are examined and explored on a case-by-case basis.

Assisted-living facility abuse and neglect cases are often the result of unqualified or improperly trained staff. Unfortunately, the signs of care facility abuse are not always easy to identify. Residents may experience a loss of appetite, depression, and more frequent accidents. An abused assisted-living facility resident may also complain about the treatment they are receiving. All complaints regarding assisted-living facility abuse or neglect should be taken seriously. If you suspect a family member or friend may be the victim of abuse at the hands of those tasked with their care, you should speak with a qualified Florida nursing home abuse and neglect attorney to help you protect your loved one’s rights.