Personal Injury and Medical Malpractice Blog

A major car accident was reported in Bartow, Florida at the intersection of US98 and Ernest Smith Boulevard.  From the Twitter photos, the damage is very severe.  Fortunately, The Ledger reported that there were no serious or life-threatening injuries.  Details of how...

Philip Brown was riding a motorcycle on CR630 when he was struck head on by a pickup truck that was attempting to pass a truck.  Brown was 40 years old and died at the scene of the accident. The accident happened at approximately 6:00 a.m. when Jarrod Lee was westbound on CR630...

Senator Dana Young and Representative Jared Moskowitz have filed respective bills seeking to legalize compensation for injuries or deaths to pets as result of negligence.  Under existing Florida law, pets are considered property for which there is no right to claim a wrongful...

The City of Lakeland is considering proposals to fix traffic problems on South Florida Avenue through a 1.5 mile stretch known as “Dixieland.”  Dixieland is a strip of commercial properties along US98 that is just south and west of downtown Lakeland.  The issue...

Little Tikes 2-in-1 Snug ‘n Secure toddler swing A recall of Little Tikes 2-in-1 Snug ‘n Secure toddler swings has been issued and posted on the Consumer Product Safety Commission’s (CPSC) website.  It is recall number 17-096 and involves 540,000 units sold....

Hailey Ruiz lost control of her vehicle on I-4 near Park Road in Plant City, Florida at approximately 5:00 a.m. around mile marker 22.  Thereafter, she crossed over the median and struck a Coca-Cola semi-truck heading the opposite direction.  The accident caused the truck to land...

The sentence is LIFE in prison for surgeon Christopher Duntsch. @NBCDFW #NBCDFWNow pic.twitter.com/Klfcq88Vft — Ken Kalthoff (@KenKalthoffNBC5) February 20, 2017 Christopher Duntsch, a neurosurgeon, was charged with aggravated assault and received a life sentence after several...

In case number SC16-181, the Florida Supreme Court declined to adopt the “same specialty” rule for “standard of care” experts in Florida medical malpractice cases.  In 2012, the Florida Legislature amended section 766.102(5)(a), Fla. Stat. to require a...

Jessica McCausland filed a wrongful death lawsuit on behalf of her stepmother, Betty Monroe, suing the Hooters restaurant on US98 in North Lakeland.  David Joseph McCausland died in a car accident on November 6, 2015 when a Corvette driven by Timothy Alan Lundy struck...

Polk County School Board logo The father of a Mulberry High School student filed a lawsuit against the Polk County School Board alleging that the school board was negligent in hiring Jason Argo as a teacher.  The lawsuit claims that the Polk County School Board should have known...

Although Dr. Marder owns a 12,700-square-foot home valued at $28 million, it can’t legally be seized in FL. https://t.co/2ZtBRbIOMg — Derm Media (@DermMedia) February 12, 2017 Dr. Gary Marder runs Marder Dermatology in Port St. Lucie, Florida and is reported to be accused...

Lakeland Police officers began chasing a stolen car after it was discovered at a gas station on Lakeland Hills Boulevard on February 7, 2017.  Prior to locating the stolen vehicle, the Plant City Police Department had requested backup for a stolen car vehicle that was headed...

In Florida, there is a general rule that the owner of a horse is not legally responsible for injuries that occur while allowing a third person to ride the horse.  There are a number of exceptions to this general rule outlined below. General Immunity For Horse Owner Is The...

Amanda N. Robinson died as a result of injuries sustained in a car accident on US98 going northbound near Smith Lane in Highland City, Florida.  The Ledger reports that the accident happened at approximately 4:10 p.m. on February 1, 2017 when Robinson went off the right shoulder...

Terry Joe Young died of injuries sustained in a pedestrian accident on Massachusetts Avenue in Lakeland, Florida on January 31, 2017.  The accident happened at approximately 6:07 a.m. when Young was hit by Margaret Bowman going southbound on Massachusetts Ave.  Bowman was...

A sudden medical emergency caused Robert S. Bodolay of Lakeland, Florida to lose control of his car and crash into the garage of a home near Carter Road on January 31, 2017.  The accident happened in the morning hours as Bodolay’s vehicle went off the shoulder of the...

Ronald Akins was sentenced to 10 years in prison for DUI manslaughter after hitting and killing Byers Levy, who was riding a bicycle around Lake Hollingsworth in Lakeland, Florida.  The accident happened on September 8, 2013 at approximtely 5:00 p.m. when Akins swerved and then...

The defendant in a lawsuit filed by Christina Grimmie’s brother filed a motion seeking to have his claim for negligent infliction of emotional distress dismissed because he acted “voluntarily.” Singer’s Tragic Death Singer, Christina Grimmie, died on June 10,...

Southbbound lanes of S. Fl Ave from Edgewood to Valencia closed due to accident. Northbound lanes lanes of traffic backed up. pic.twitter.com/UwpMUQRlB8 — LakelandPD (@LakelandPD) January 27, 2017 An accident at the intersection of South Florida Avenue and East Edgewood Drive in...

On January 26, 2017, the Florida Supreme Court issued a written opinion in the case of Allstate Insurance Company v. Orthopedic Specialists, SC15-2298 (Fla. 2017) regarding Medicare fee schedules under Florida no-fault insurance. Statute Amended in 2009 Prior to the amendment of...