Miami Accident Lawyer Blog

March 30, 2012

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

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.

March 29, 2012

Negligent Security Attorneys Warn Against Sexual Assaults at Miami Beach Hotel

by Gerson & Schwartz, P.A.

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.

March 27, 2012

South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter

by Gerson & Schwartz, P.A.

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.

March 24, 2012

What rights do Crime Victims of any Race truly have?

by Gerson & Schwartz, P.A.

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.

March 21, 2012

Another Cruise Ship Crash: Will It Ever End?

by Gerson & Schwartz, P.A.

Will it Ever End?? When is it going to stop? Yet another cruise ship crash has occurred over the last 24 hours near Halong Bay, Vietnam. This time it was the, “Silversea Shadow”, which collided with a container ship under foggy conditions. What is the reason for these life threatening cruise ship crashes in today’s technologically advanced era? These ships have radar, sonar, and satellite communications. So, is it due to human error, once again? Why can’t the maritime industry prevent these catastrophic occurrences on the water? At Gerson & Schwartz, PA we bring claims against cruise ships for their negligence. Attorney, Nicholas I. Gerson, a maritime injury lawyer with the firm believes “our cruise ship executives need to be held 100% responsible for the hiring of their captains and their crew. More frequent, monitoring of the ship’s technology is imperative. Prevention is the answer“ says Gerson. More regulatations, more saferguards, and better hiring practices are the keys to ensuring the safety of our passengers, crew members, and environment. For more information about Gerson & Schwatz PA, contact 305-371-6000 or visit us online by clicking this link

March 21, 2012

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

by Gerson & Schwartz, P.A.

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 & 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.

March 20, 2012

Another Tragedy on Florida Roads: 5 Year old Girl Dies in After Hit and Run by Van

by Gerson & Schwartz, P.A.

Yet another tragedy to add to the 10 fatalities that occurred this past weekend in car and motor vehicle accidents. Five year old Yanelle Lucero was riding her tricycle when she was struck by a van operated by a19 year Erick Garcia. Garcia, allegedly then fled the scene in his friends van. According to the news reports, the van was owned by 19 year Mario Argumedo and operated by 19 year old Erick Garcia. The young girl Lucero, was pronounced dead on arrival. According to Miami injury lawyer Nicholas I. Gerson both the owner and operator of the van are legally responsible under Florida’s Dangerous Instrumentality law. These laws state the owner of a motor vehicle is liable for the harm caused so long as the motor vehicle is operated with the vehicle owner’s consent.

March 19, 2012

At Last, Cruise Ship Drills Will Take Place Prior to Departures

by Gerson & Schwartz, P.A.

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.
Miami Martime and personal injury lawyer Philip m. Gerson of Gerson & Schwartz, PA says “its about time the cruise lines start taking a more proactive approach towards passenger safety.” In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

March 14, 2012

Carnival Cruise Lines Offer of Trivial Payments Not Surprising

by Gerson & Schwartz, P.A.

Carnival says “Safety issues are a major concern for the Carnival Cruise line and the full costs for Carnival will include passenger refunds, potential litigation and repair” But do they mean it? Especially the part about “full costs.” So far, they have only offered trivial payments to victims from the highly publicized accident aboard the Concordia disaster. Here is what they OWE passengers and crew – full and just compensation.

On the night of January 13, 2012, while passengers were in the dining room the crew misinformed them about the seriousness of this disaster. Apparently, the ship’s Captain, Franscesco Schettino, “unapprovingly deviated from the route it was initially programmed for, and; the Captain ever activated any alarms.

More problems for Captain Francesco Schettino and Carnival lie ahead, as evidence is compiled shockingly showing that the “captain was not wearing his reading glasses when the shipwreck occurred, and is said to have asked his first officer to check the radar.” What has not been explained is what Schettino was told and what he and his crew members did next to save the passengers and crew members. Everyone knows what he did to save himself.

March 12, 2012

Indian Rocks Beach Man Killed Following Nighttime Personal Watercraft Accident

by Gerson & Schwartz, P.A.

An Indian Rocks Beach man was killed this weekend following a nighttime personal watercraft crash. 40-year-old Victor Vazquez was thrown into the Intracoastal Waterway near the Belleair Causeway after the boat he was riding in hit an unidentified object in the water Saturday night. The damaged boat was piloted by 34-year-old Robert W. Turnbull of Seminole who was also thrown into the water approximately one mile from shore.

Although both men were apparently wearing life vests, Vazquez was found unconscious in the water immediately following the crash. Turnbull reportedly made unsuccessful attempts to resuscitate Vazquez on the way back to shore and again once they reached land. Emergency crews called to the scene performed CPR, but also failed to revive Vazquez. Turnbull received only minor injuries in the accident. Authorities took blood samples to determine whether he was under the influence of alcohol or drugs at the time of the accident.

Despite that a full moon lighted the Intracoastal Waterway over the weekend, it is unlawful to pilot a personal watercraft in Florida at night. Vazquez’s death is at least the second nighttime personal watercraft fatality in the area this year. In January, a man was killed and a woman injured when their personal watercrafts collided in the dark around 3 am near Hillsborough County. In that accident, neither party was wearing a life vest.

Florida has more registered boats and more boating related accidents than any other state. Boating accidents of any kind have the potential to result in serious injury and even wrongful death. The most common cause of death related to a boat accident is drowning. Boat accidents are often the result of negligence, impairment, operator error, speeding, inattentiveness, and operating during inclement weather. Fortunately, most recreational boating accidents are completely preventable.

There are two types of damages available to an individual who was injured in a boating accident due to someone else’s negligence in Florida. Economic damages include medical expenses and loss of income and earning capacity. Non-economic damages consist of compensation for suffering, pain, psychological trauma, disfigurement, and loss of enjoyment of life. Sometimes, punitive damages may be awarded where evidence of gross negligence or disregard for the life and safety of another person exists. A qualified Florida personal injury attorney can help you assess your claim.