Florida Injury Lawyers Blog

Like many in South Florida, our Miami-Dade catastrophic injury attorneys have been following the story of 15-year-old Josie Lou Ratley. Ratley is the Deerfield Beach middle schooler who was badly beaten by another teenager after she sent him a text message he interpreted as an insult to his recently deceased brother. Ratley had been in the hospital for six weeks after the March 17 incident and was transferred to a rehabilitation center afterward to relearn life skills like walking and getting dressed. But as the South Florida Sun-Sentinel reported June 1, Ratley has left the rehab center and is recuperating at home, with frequent outpatient visits to the center. The move does not reflect how well Ratley has gotten, the newspaper said, but will save money that she will need during her long recovery.

Ratley sustained brain damage in the beating. The newspaper did not report on the extent of the damage, but a nonprofit organization that counters teen violence says she has trouble writing her name and recognizing days of the week, suggesting serious damage. Her family had relied on Medicaid for part of her medical care, the newspaper said, but it won’t cover an indefinite stay at the rehab center. For that reason, her family decided to move her home and allow her to be treated as an outpatient. The move makes the best possible use of donations private parties have made toward her care, the family’s attorney said. Another fundraiser is planned for later this month. The teenager accused of beating her, 15-year-old Wayne Treacy, is charged as an adult with attempted first-degree murder, and 13-year-old Kayla Manson is charged as an accomplice in juvenile court.

This sad situation, in which money limits access to needed medical treatment, is unfortunately familiar to our West Palm Beach catastrophic injury lawyers. Brain injuries are extremely expensive to treat, reaching seven figures over a lifetime for more severely injured patients. Depending on their injuries, victims of brain injuries may need months or years of rehabilitation like Ratley is undergoing; long-term help with daily life; and long-term medical monitoring. Medicaid and Medicare have limits, as this story shows. To make matters worse, adult victims may no longer be able to do their jobs, which means they lose an income suddenly and perhaps permanently. This is a difficult financial burden for any family to carry. However, if the injury was someone else’s fault, victims may be able to recover the money they need from that person, or his or her insurance company, through a personal injury lawsuit.

Continue reading "Badly Beaten Teenager Comes Home From Rehab Because of Limited Money" »

As Miami-Dade auto accident lawyers, we were saddened to read about an accident that killed a father and daughter who just happened to be nearby. The South Florida Sun-Sentinel reported May 24 on the accident that killed Robert Kane, 79, and his 51-year-old daughter Odetta Kane. Angela Stracar, 24, was driving past the Boca Isles South subdivision in West Boca when she lost control of her SUV and hit the sign for the subdivision. The crash flipped the SUV over onto the Kanes’ Cadillac as they drove home from picking up food for dinner. Both were wearing seat belts, but died at the scene, leaving Ena Kane, 75, without her husband and only child. Stracar was taken to the hospital in good condition. Authorities are waiting for the results of an intoxication test to decide whether charges will be filed.

Evidence of intoxication would go a long way toward explaining why Stracar lost control of her vehicle. However, regardless of whether Stracar was intoxicated, the description of this accident makes it sound a lot like it was her fault. Drunk or sober, reasonably careful drivers do not hit roadside signs. The fact that her vehicle flipped across the road also suggests that she may have hit the sign with some force. If Stracar was at fault for the accident, Ena Kane would be able to hold her legally and financially responsible for the deaths of her husband and son. Even if authorities decline to file charges against Stracar, Ena Kane would have the right to pursue justice through the civil courts, with the help of a West Palm Beach car crash attorney. That includes requesting fair financial compensation for the loss of her husband and daughter’s financial support, as well as their love, companionship and care.

It’s also worth noting that Stracar was driving an SUV -- a type of vehicle that remains substantially more likely than other vehicle types to roll over during ordinary driving maneuvers. SUVs have higher centers of gravity, which means it’s easier to tip them over. In some models, in fact, it’s possible for the tipping over to happen without the vehicle hitting an object or another vehicle -- during sudden swerving to avoid an obstacle, sudden braking or drifting onto uneven dirt surfaces. Rollovers are especially bad accidents because they can throw the people inside the vehicle around and out of the vehicle, causing serious head injuries, spinal injuries and death. As this article shows, they can also bring the entire weight of the SUV to bear on anything that happens to be in the way, such as another vehicle and its passengers. If Stracar’s SUV was so defectively designed that it rolled over when other vehicles would not have, Ena Kane may also have a defective product claim against its manufacturer.

Continue reading "Possibly Intoxicated Driver Flips Car Over, Killing Nearby Father and Daughter " »

As Fort Lauderdale defective products attorneys, we were saddened to see an article about a young Florida Highway Patrolman’s death. According to the Miami Herald, Patrick Ambroise, 35, was killed May 15 when his parked patrol car was rear-ended near the Okeechobee Road toll plaza on the Florida Turnpike. The 2006 Ford Crown Victoria Police Interceptor burst into flames, trapping Ambroise inside and killing him at the scene. The driver of the other vehicle, 19-year-old Jonathan Robert Garcia of Miramar, is hospitalized in stable but serious condition. Ambroise leaves behind a wife and two children, ages five years and three months, as well as a tight extended family. The FHP said the case is still under investigation and no charges have yet been filed.

The Ford Crown Victoria Police Interceptor is made especially for police work and is among the most widely used police vehicles in North America. Its design is considered well suited for police work, with a large engine and a design that minimizes repair needs after minor accidents. However, it has also been criticized in the last two decades for allegedly being prone to catastrophic fires after rear-end accidents like this one. Consumer and law enforcement groups say the fuel tanks on Crown Victorias (including those sold to the public without police features) are placed within the cars’ “crush zone,” outside the rear axle. When someone hits the vehicle at high speed, critics say, that tank can rupture, allowing sparks to ignite a fuel fire. Since 2005, Ford has offered optional safety shields to keep the fuel tank from being punctured and automatic fire suppression systems. It was not reported whether Ambroise’s vehicle had these features.

Our Miami-Dade product defect lawyers are sorry to see any death caused by a product with a serious safety flaw. Consumers should be able to trust the products they buy to be reasonably safe -- especially with cars, which can be used as a deadly weapon. But it’s particularly alarming to see a possibly flawed product sold to law enforcement officers, whose job already carries high risks. Officers spend more time than the average person driving at high speeds -- in fact, Crown Victoria Police Interceptors are designed specifically for this job, with higher maximum speeds than other Crown Victorias. For this reason, it would make sense for Ford to consider high-speed accidents when placing the fuel tank, which is well known as a fire risk thanks to the 1970s Ford Pinto scandal. If it has not done so, especially after consumer groups began protesting, officers and families like Ambroise’s would have a strong case against it.

Continue reading "FHP Officer’s Death Raises New Questions About Ford Crown Victoria Safety" »

An article about criminal charges against a Deerfield Beach man caught the attention of our Fort Lauderdale wrongful death lawyers. According to the South Florida Sun-Sentinel, Mandy J. Romeu, 42, is charged with vessel homicide in the death of Christopher Smith, 31, of Boynton Beach. Romeu is accused of being under the influence of alcohol and possibly speeding when he ran his speedboat into a marker in the Intracoastal Waterway near Atlantic Avenue in Delray Beach. He is also accused of operating a vehicle recklessly and violating navigational rules. He was released from Palm Beach County jail May 10 on $25,000 bail.

A spokesman for the Florida Fish and Wildlife Conservation Commission said Romeu admitted that he’d been drinking the night of the crash. Specifically, he told authorities that he’d had four rum and Cokes between 7 p.m. and midnight on May 7, including while he was behind the wheel as well as before. When Romeu set out into the Intracoastal Waterway, neither he nor his two passengers -- Christopher Smith and Smith’s 36-year-old sister, Alexandra Smith -- were wearing life jackets. When the boat hit the marker, Christopher Smith was thrown from the vessel. He was found dead in the water an hour later. The FWCC is currently investigating whether Romeu was intoxicated at the time of the crash, as well as whether he was in a restricted-speed area when the 30-mph crash happened.

As Miami wrongful death lawyers, we’re sorry to see reports about preventable deaths like this one. Florida law makes drinking and boating a crime just like drunk driving, but boaters don’t always pay attention. Because they’re away from obvious enforcement signs like police cruisers, and often boating in a party atmosphere, too many boaters don’t think they need to observe the same rules they’d observe to be safe on the road. Unfortunately, drinking and boating can be even more dangerous, especially when the victims are thrown off the ship. Even if they can swim, they can hit their heads and end up unconscious in the water, or even be sucked into boats’ propellers. Swimmers can also get tired after an hour or more of treading water. The result can be needless deaths or serious, permanent injuries.

Continue reading "Allegedly Drunk Deerfield Beach Boater Charged With Vessel Homicide of Passenger" »

As Fort Lauderdale semi truck accident attorneys, we were pleased to read that there were no serious injuries in the crash of a tanker truck this week. CBS4 reported May 3 that a tanker truck overturned around 8 a.m. that day on the exit ramp leading from Interstate 75 to U.S. 27. Fortunately, no one else on the road was in the way of the truck, which was carrying a load of bleach. However, the trucker, Alejandro Mas of Orlando, suffered head injuries and was taken to the hospital, where he was expected to recover. The accident closed the southbound lanes of U.S. 27 for more than eight hours as crews worked to right the truck and stop a leak from the tank.

Mas was reportedly driving a load of bleach from Tampa to Miami when the accident occurred. Broward Sheriff’s Office spokespeople said he was apparently driving too fast when he entered the exit from I-75 to U.S. 27 in Weston. The turn caused the cargo in the truck to shift, overbalancing the trainer and then overturning it. The truck skidded about 500 feet before it stopped. Passers-by helped get Mas out of the cab of the truck, and he was treated by fire rescue personnel at the scene before being flown to Broward General Medical Center. The accident also caused the tank on the truck to leak a small amount of the bleach it was carrying, which then mixed with oil. Cleaning it up required help from the hazardous materials team from Broward Sheriff’s Fire Rescue.

Our Miami-Dade tanker truck crash lawyers are pleased that this accident wasn’t worse, because it easily could have been. A large truck like this one weighs many tons, which means it can literally crush the average passenger car, pickup truck or SUV. Any other driver who happened to be nearby in morning rush-hour traffic could have been killed or badly injured by this crash. In addition, the bleach spill could have had toxic consequences for the people and environment nearby. Chlorine bleach, such as the kind we use in laundry, is safe in small amounts but can burn the skin and mucous membranes in larger concentrations. When very concentrated fumes are breathed, it can be toxic. It is also unsafe when large amounts are added to drinking water and will outright kill fish.

Continue reading "Trucking Accident in Broward County Closes Southbound Lanes of U.S. 27" »

Our Fort Lauderdale car crash attorneys were interested to see a recent article about a Broward County husband who’s still waiting for his wife’s killer to serve prison time. The South Florida Sun-Sentinel ran a story April 24 about Richard Sheppard, whose wife Dawn was killed in a drunk driving accident on May 26, 2000. The driver, Trent Albury, was high on GHB, the so-called “date rape drug,” when he hit the driver’s side of Dawn Sheppard’s minivan, killing the 44-year-old mother of two. He was convicted of DUI manslaughter in 2001 and was supposed to serve 13 years in prison starting in 2003, but instead fled to his native Bahamas. He has been fighting extradition there ever since.

Before driving that day, Albury allegedly drank juice laced with GHB, which he got from a bodybuilder roommate who used the drug to stimulate growth hormones. His former attorney in the United States said he didn’t realize the juice was drugged; the roommate said Albury bought a gallon of the juice the day of the crash. At least 10 witnesses called 911 the day of the crash to report his swerving and dramatic changes in speed. After fleeing Florida, Albury was arrested in the Bahamas and jailed for 14 months. However, he’s currently out on bail while he appeals extradition to the Bahamian Supreme Court. That process could take years, the article said. The extradition treaty between the Bahamas and the United States means Albury may not face any additional charges if he is returned. Albury’s lawyer in the Bahamas said the 13-year sentence for DUI manslaughter was draconian.

As Miami auto accident lawyers, we imagine that Richard Sheppard must be feeling frustrated by the extreme slowness with which the wheels of justice are turning in his wife’s case. Prosecutors in Palm Beach County can’t do much until Albury exhausts his appeals in the Bahamas, which means there is literally nothing else that U.S. criminal authorities can do right now. However, the Sheppard family may still be able to seek justice through the civil courts, by suing Albury in absentia. A civil trial cannot put irresponsible drivers in prison, but it can give their victims a chance to put them on trial when the criminal justice system cannot or will not do so. It can also extract a penalty -- financial payment -- regardless of what may have happened in the criminal courts. Financial payments can never bring back a lost loved one, but they can help families place the responsibility for serious accidents where it belongs -- with the irresponsible, intoxicated drivers.

Continue reading "Husband of Victim in DUI Manslaughter Still Waiting for Extradition Ten Years Later" »

As Miami-Dade wrongful death attorneys, we were very interested to see a lengthy report in April 18’s Miami Herald about disturbing testimony in a wrongful death lawsuit. Martha Quesada is suing Rainbow Ranch, a group home for disabled children, and Dr. Steven L. Kaplan for the death of her severely autistic son, Denis Maltez. Maltez was 12 and had been under Rainbow Ranch’s care for four years when he died of serotonin syndrome, a rare condition that is exclusively caused by incorrect doses of psychiatric medication. The Herald’s story detailed some of the numerous charges made against Kaplan for his use of medication before Maltez died.

Maltez was under Kaplan’s treatment for about a year, after Rainbow Ranch changed his treatment from a team at Jackson Memorial Hospital, allegedly without his mother’s consent. Kaplan said in a deposition that he was told Maltez had been abandoned by his mother, which was not the case. However, Maltez did have physical and emotional outbursts that made him hard to control. Kaplan put the boy, who weighed 70 pounds, on adult doses of Zyprexa and Seroquel, both antipsychotics that were not approved for use in children. He also prescribed relatively high doses of the tranquilizer Klonopin and the mood stabilizer Depoakote. Two months later, caregivers started reporting that Maltez was sluggish in the mornings, and teachers reported him sleeping through class, which prompted an emergency room visit.

A number of Miami caregivers had expressed concerns by then that Kaplan’s patients were overmedicated, and no fewer than eight calls about Maltez had been placed to a state Department of Children and Families hotline. DCF, the Agency for Persons with Disabilities and the federal Agency for Healthcare Quality and Management all received complaints suggesting that Maltez was overmedicated, but each referred the case to another agency. On May 23, 2007, he died after getting into an altercation with a caregiver who restrained him on his stomach. After his death, the APD hired an outside psychiatrist who reported overmedication of 99% of Rainbow Ranch’s residents. Rainbow Ranch has since closed. Kaplan is still under scrutiny by several agencies, but is still in practice despite the Miami-Dade medical examiner’s office finding that Maltez died of overmedication.

As Fort Lauderdale wrongful death lawyers, we are disappointed that so many agencies couldn’t work together to take dangerous doctors away from their patients. As the article points out, doctors like Kaplan who take Medicaid’s notoriously small reimbursements are rare, which means administrators in homes like Rainbow Ranch can’t be very picky. That’s unfortunate, because children, disabled people and the elderly often can’t speak out when something is very wrong, as it may have been at Rainbow Ranch. Caregivers at homes and hospitals have to be the first line of defense when they notice shoddy care and intentional over-medication, and regulators need to step up when they get strong evidence that there’s a problem. If they don’t, tragedies like the needless death of Denis Maltez will continue to happen.

Continue reading "Testimony in Mother’s Lawsuit Suggests State Officials Ignored Boy’s Over Medication" »

A recent article about an unusual drunk driving lawsuit caught the eyes of our Miami auto accident lawyers. Andrew Hall of Pinellas County lost his left leg when drunk driver Joshua West jumped a curb and struck Hall as he stood outside his own apartment building. The St. Petersburg Times reported April 13 that Hall is suing West, now 25, over the April 2009 accident, but he is also suing Shepherd’s Beach Resort, a bar in Clearwater Beach, for allegedly serving West even though they knew West was “habitually addicted” to alcohol. West has already pleaded guilty to DUI causing serious bodily injury and leaving the scene of an accident. Hall, now 20, is confined to a wheelchair but hopes to use an artificial leg to walk again, a skill he struggled to gain as a child with cerebral palsy.

Hall’s lawsuit alleges that Shepherd’s Beach Resort over-served West on the night of the accident. Hall’s Florida drunk driving attorney says the bar ejected West for being grossly intoxicated, in fact. He also claims that employees of Shepherd’s helped West to his car, giving them actual knowledge that he was driving. It is not disputed that shortly after he left, West reached speeds of 90 mph before becoming airborne and hitting Hall, then fleeing. Police found West a short distance away. Hall suffered multiple serious injuries, including a shattered pelvis as well as the severed leg, and was not originally expected to survive. Three hours after the crash, West’s blood-alcohol content was measured at 0.188, more than twice the legal limit in Florida.

As West Palm Beach car crash attorneys, we know lawsuits against bars that serve drunk drivers can be controversial. Like many other states, Florida has a “dram shop” law allowing injured people to hold alcohol-serving establishments legally liable for accidents. In Florida, bars and restaurants are liable only if they “willfully” served a minor or someone who is “habitually addicted” to alcohol. (Other states set lower standards, holding businesses responsible for serving an obviously drunk person.) Habitual addiction may be difficult to prove, but in this case, Hall also alleges that Shepherd’s employees knew West was driving and even helped him into his vehicle, presumably because he was too drunk to make it on his own. If true, those allegations would make a very strong case that the bar was negligent.

Continue reading "Man Who Lost Leg in Drunk Driving Accident Sues Driver and Bar That Served Him" »

As Fort Lauderdale car crash attorneys, we have followed news updates about the death of a young woman in a crash with a Broward Sheriff’s Office deputy. Cara Catlin, 14, was killed in January as her stepsister, 21-year-old Heather Meyer, made a left turn from Dixie Highway. The vehicle that hit their Honda Civic was driven by a sheriff’s deputy who witnesses said was speeding, even though his lights and siren were not on. On April 1, the South Florida Sun-Sentinel reported that homicide investigators have confirmed this, calculating that Officer Frank McCurrie was driving at 89 mph when he entered the intersection at around 9:55 p.m. The posted speed limit at the area is 40 mph.

Using physical evidence like skid marks, accident reconstruction experts have determined that McCurrie was going 89 mph when he entered the intersection, while Meyer was going about 25 mph. BSO officials noted that McCurrie was not required to use his lights and siren at the time, because he was not responding to an emergency. He was traveling to back up another officer at a traffic stop. They also noted that McCurrie would have had the right of way, since he was proceeding straight through the intersection, while Meyer was making an unprotected left turn. The office wouldn’t say whether the department has a policy on travel speed for backup calls. McCurrie has not been charged with any crime, but he has been placed on desk duty, and Catlin’s death is being investigated as a homicide.

As West Palm Beach auto accident lawyers, we hope this investigation leads to any necessary changes in BSO policy, as well as justice for Catlin and her family. It’s true that left turners do not have the right of way, but it’s also undeniable that nobody expects opposing traffic to travel nearly 50 mph over the speed limit. If Meyer saw the deputy’s headlights, it would have been reasonable for her to assume the vehicle was being driven at or below the speed limit. By contrast, police sirens and lights would likely have warned her that she could expect the vehicle to be going above the speed limit. In fact, this is one of the reasons police cars have light bars and sirens. Police officers have extra privileges because of their job, but they also have a responsibility to use that privilege wisely. That includes avoiding negligent behavior that can cause a preventable tragedy.

Continue reading "Investigators Confirm BSO Deputy Was Speeding Without Siren Before Fatal Crash" »

Our Fort Lauderdale wrongful death attorneys have been following with interest the wrongful death lawsuit filed by the family of Ereck Plancher. The Orlando Sentinel reported March 25 that the case’s newest judge has appointed a special master to oversee certain contentious depositions. Plancher was a redshirt freshman football player at the University of Central Florida when he collapsed and died during a routine offseason workout. Medical examination revealed that Plancher died of sickle-cell trait, a blood condition related to sickle cell disease (also called sickle cell anemia). Plancher’s parents are suing UCF’s Board of Trustees and Athletic Association, arguing that the university knew Plancher had the trait, but did not take it into account during difficult workouts, or even tell him. The university denies that Plancher did not know.

Sickle-cell disease causes red blood cells to change their shape, causing numerous circulatory problems and pain. It is a genetic disease that disproportionately affects African Americans. Sickle-cell trait appears in people who have only one of the two sickle-cell disease genes. Such people can live normal lives without realizing they have the condition, but during extreme physical exertion, their blood cells can sickle, causing a sudden lack of oxygen to organs. That was the case for Plancher, an otherwise fit 19-year-old. The lawsuit claims coaches didn’t make recommended accommodations for his condition, and ignored signs that he was struggling during the workout. It is not disputed that UCF knew about Plancher’s condition, but the two sides dispute whether Plancher himself knew, which is one reason the judge chose to appoint a special master to oversee pre-trial testimony of the coach and head athletic trainer.

As West Palm Beach wrongful death lawyers, we wish the Plancher family the best of luck. Sickle-cell trait is not well known outside of athletic circles, but it affects 1 in 12 African Americans. In fact, after the condition caused several 1970s-era military recruits to collapse during basic training, the Air Force temporarily banned recruits who had it. Athletic trainers and doctors have developed guidelines for protecting athletes with the condition. Included in those guidelines is a suggestion that coaches allow extra rest for athletes with the condition. Unfortunately, coaches who push their athletes hard may see genuine fatigue as malingering and penalize athletes for resting. In individuals with sickle-cell trait, this can be deadly. For coaches who know the athlete has sickle-cell trait, it may be negligence, leading to the kind of wrongful death claim UCF is now defending.

Continue reading "Judge Appoints Third Party to Oversee Testimony in Contentious Wrongful Death Case" »

Our West Palm Beach wrongful death attorneys were saddened to read about the death of a four-year-old British girl in a pedestrian accident in Daytona Beach. According to a March 22 item in the Daytona Beach News-Journal, Ellie Bland of Nottingham, England, was hit by a car while she walked across the beach, holding the hand of her great-uncle. Daytona Beach is one of the few beaches in the United States where car traffic is allowed. The accident is renewing calls in some quarters to ban beach driving, something advocates say would protect sea turtles as well as people.

Ellie’s great-uncle, John Langlands, 53 and also of Nottingham, waited with the girl for traffic to clear in both directions before crossing toward the ocean. But when they crossed, a car driven by 66-year-old Barbara Worley of Georgia clipped her, knocking her into the sand. Authorities say Worley stopped, but then panicked and hit the accelerator. The vehicle moved forward and ran over the little girl. A Florida Highway Patrol spokesperson said an investigation is expected to take several weeks, and that charges against Worley were pending.

The article barely touches on the controversy over driving on the beach in Daytona Beach, a tradition dating back a century in a city known for auto racing. The Orlando Sentinel reports that there have been four accidents on the beach since 2006, at least one of which was serious. As Fort Lauderdale wrongful death lawyers, we have serious safety concerns about this tradition. Beaches don’t have designated sidewalks or crosswalks, not to mention traffic signals, which makes it difficult for pedestrians to gauge when it’s safe to cross traffic lanes. As this accident shows, even holding the hand of a responsible adult doesn’t necessarily protect kids from inattentive (or drunk) drivers. The city may not need to fully ban driving on the beach to solve these problems, but it can and should erect warning signs and establish clear rules of the “road” for drivers and pedestrians.

Continue reading "British Child’s Death Renews Calls for Ban on Beach Driving in Daytona Beach" »

The West Palm Beach DUI defense attorneys at Balliro are proud to announce that we are a sponsor of the annual Swamp Stomp Miami. Held on Virginia Key, the concert is an eclectic collection of some of South Florida's finest bands. Just like with our previous concert sponsorship, we believe it's important for concert-goers to have a great time -- but avoid drinking and driving.