Personal Injury and Medical Malpractice Blog

The case of Wal-Mart Stores, Inc. v. Sandy Wittke, 2D15-4099 (Fla. 2d DCA, October 21, 2016) held that a violation of Walmart’s own safety procedures does not create a per se legal duty.  Instead, a violation of internal safety rules can be evidence of negligence if the...

The United States Consumer Product Safety Commission (CPSC) announced on December 20, 2016 that Aria Child, a manufacturer of strollers for children, must recall its Qbit lightweight stroller.  A gap in the hinges of the stroller poses an unreasonable risk of a pinch injury...

One driver is dead after a major accident was caused by a drunk driver at Waters Avenue and Dale Mabry Highway on December 21, 2016.  The accident happened at approximately 5:15 a.m.  The Waters Avenue intersection is a major intersection controlled by a traffic light and...

A four-year-old boy, Michael Roth, was bitten on the face by a dog in Winter Haven, Florida on December 21, 2016 at approximately 12:30 p.m.  The bite resulted in significant facial injuries as the child went to pick up an ornament for a Christmas tree.  Apparently the dog...

77-year-old Ruth Windham’s 2008 Buick SUV went over a guardrail on the Polk Parkway after an accident near the Cleveland Heights Boulevard bridge.  News reports indicate that she made an improper lane change striking the right front of a 2014 Nissan SUV driven by Melissa...

A dump truck was involved in an accident on I-4 past (west) the US27 ramp in Haines City on December 20, 2016.  Two vehicles were involved in the accident.  The accident caused the dump truck to flip over and catch fire.  The photograph shows where the dump truck’s load came...

Robert McNeely was crossing Broadway Street as a pedestrian near the intersection of Lakewood Court when he was struck and killed by an SUV on December 18, 2016.  McNeely was only 22 years old at the time of this death.  The accident happened at approximately 11:20 p.m....

A small airplane crashed in Central Florida on December 12, 2016.  The airplane was a 1983 Beech A36 that holds up to six people, however, only the pilot was on board at the time of the crash.  The pilot suffered minor injuries.  A fire broke out after the crash and ignited brush...

The Florida Supreme Court is reviewing a case involving “ex parte” communications between defense counsel and a plaintiff’s treating physicians in the pre-suit period of a medical malpractice case.  Oral argument was held on December 8, 2016 in the case of Weaver v. Myers,...

Wisma Antoine, from Lakeland, Florida, suffered serious injuries as a result of a truck accident on I-75 in Manatee County.  The accident happened when Nicole Lachance, of Lehigh Acres, attempted a lane change going southbound.  As her 2003 Volkswagen Beetle went from the center...

Ridesharing company Uber released new rules on December 8, 2016 for passenger’s behavior.  The list of new rules, taken as a safety measure, also include vandalism, flirting, and sex.  Here is a list of what you should expect: Causing damage to drivers’ or fellow...

A motorcyclist died as a result of an accident with a Saddle Creek semi-truck on Drane Field Road in Lakeland, Florida on December 11, 2016.  The accident occurred in the 4000 block of Drane Field Road at approximately 11:30 a.m.  In the photograph, it appears that the...

A lawsuit against Walgreens alleges that a customer, Fernando Elizarraras, was forced by store employees to clean a soiled bathroom after using it at an store in Orlando, Florida.  The original lawsuit (Case Number 2016-CA-009159, filed in the Ninth Judicial Circuit for Orange...

NHTSA issued an amended order on December 9, 2016 requiring Takata to perform defective airbag recall repairs faster.   The order affects 19 vehicle manufacturers and requires the first available replacement parts to go to the riskiest vehicles.  At present, it is estimated...

The US Consumer Product Safety Commission (CPSC) posted a recall notice on December 7, 2016 for stainless steel playground slides that were manufactured and distributed by Playworld Systems, Inc. of Lewisburg, PA (Horizon Industries of Columbia, PA).  The dangerous playground...

In the case of Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016), medical malpractice damage caps in Florida were struck down as unconstitutional.  The Second DCA joins the Fourth DCA in holding the same (See North Broward Hospital v....

Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016) decided an important legal issue in Florida torts that has been lingering since 2005.  In the good old days of litigation, the concept of joint and several liability was alive and...

James Simmons died after being struck by a semi-truck on SR674 just east of Owens Road on December 5, 2016 at approximately 3:00 p.m.  The accident happened in the afternoon when Tommy Mars was headed westbound on SR674.  Mars was driving the semi-truck and struck Simmons,...

James Redner-Gilmartin died as a result of a motorcycle accident near the intersection of 66th Street and 30th Avenue North in St. Petersburg, Florida on December 5, 2016.  The accident happened when an SUV driven by Patricia Stevenson failed to see Redner’s motorcycle and...

A school bus accident in downtown Auburndale, Florida on December 6, 2016 resulted in injuries to three students.  The school bus struck a Ford Explorer owned by Steven Fifer.  The SUV was legally parked alongside the road when the bus suddenly changed direction from...