Personal Injury and Medical Malpractice Blog

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Motorcycle Accident in Front of Dunkin Donuts

Motorcycle Accident in Front of Dunkin Donuts

Car Accidents

Kyle Bradley Conord Roberts (31 years old) died as a result of a motorcycle accident in front of Dunkin Donuts on South Florida Avenue in Lakeland, Florida.  The accident happened at approximately 9:05 p.m. on November 24, 2016 (Thanksgiving) when Sarah Parades was making a...

Volvo Recall Seat Belt Might Not Hold During a Crash

Volvo Recall Seat Belt Might Not Hold During a Crash

Product Liability

The National Highway Transportation Safety Administration (NHTSA) announced on November 2, 2016 that 74,027 vehicles manufactured by Volvo are recalled due to a faulty seat belt that might loosen during a crash.  In particular, the front passenger seat belt affixed by a stud may...

Motorcycle Accident in Lake Wales

Motorcycle Accident in Lake Wales

Motorcycle Accidents

Steven Neill died as a result of a motorcycle accident in Lake Wales.  He was turning into the Polk County Health Department when he was struck by a vehicle driven by Andrew Palmer.  At the time of the collision, Palmer was making a left hand turn from the westbound lane....

Appellate Decision Involving Tampa General Hospital

Appellate Decision Involving Tampa General Hospital

Medical Malpractice

In the case of Godwin v. University of South Florida Board of Trustees, et. al., 2016 Fla. App. LEXIS 12729; 41 Fla. L. Weekly D 1949 (Fla. 2d DCA 2016), the plaintiff alleged the wrongful death of his wife was due to medical malpractice at Tampa General Hospital following a severe...

Motorcycle Accident at CR557

Motorcycle Accident at CR557

Motorcycle Accidents

Kristen Pierre, 22-years-old, died as a result of an accident with an RV at the intersection of CR557 in Lake Alfred, Florida.  The accident happened as Richard Cummings was driving his 1988 Cobra recreational vehicle with a trailer going northbound on CR557 when he attempted...

Mechanical Failure Caused ATV Accident

Mechanical Failure Caused ATV Accident

Product Liability

An ATV accident occurred in north Lakeland resulting in the death of a 5-year-old child.  Joshua Heard was operating an all-terrain-vehicle near 3705 West Socrum Loop Road when the passenger side tie rod end broke.  The accident that followed caused the vehicle to roll over...

Florida “Patient’s Right to Know” Act Pre-Empted

Florida “Patient’s Right to Know” Act Pre-Empted

Medical Malpractice

Amendment 7 of the Florida Constitution was held to be pre-empted by the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) in Southern Baptist Hospital of Florida, Inc. v. Charles, 178 So. 3d 102 (Fla. 1st DCA 2015). This case started out as a medical malpractice...

National Medical Malpractice Statistics

National Medical Malpractice Statistics

Medical Malpractice

Florida ranks fifth among states in the total amount paid for medical malpractice claims in 2012. The total payouts for the top five states are listed below: New York $763,088,250 Pennsylvania $316,167,500 California $222,926,200 New Jersey $206,668,250 Florida $203,671,100 Most...

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Truck Accidents

Peloton announced that it is beta testing semi-autonomous tractor-trailer technology. This technology allows a caravan of semi-trucks to travel in close proximity to one another and to function like a single vehicle as it moves down the highway. For instance, when the lead vehicle...

Insurance Company Duty to Initiate Settlement

Insurance Company Duty to Initiate Settlement

Insurance Bad Faith

In the case of Welford v. Liberty Insurance Corporation, No.: 3:15-cv-333/RV-CJK, 2016 WL 3360431 (N.D. Fla. June 2, 2016), the court considered the issue of whether an insurance company has an obligation to initiate settlement discussions or negotiations. In this case, a driver hit...

Florida’s Texting and Driving Law

Florida’s Texting and Driving Law

Car Accidents

National and insurance industry surveys often rank Florida as having a lot of bad drivers based upon statistics of the number of accidents involving fatalities and property damage. Some surveys use individuals’ responses to questions about driving habits while others use...

Hospital “Anti-Dumping” Statute Transfer Case

Hospital “Anti-Dumping” Statute Transfer Case

Medical Malpractice

In the case of Morejon v. Mariners Hospital, Inc., 41 FLW D1359 (Fla. 3rd DCA 6-8-2016)(Case Number 3D15-1711), the court held that section 395.1041, Florida Statutes (the so-called “anti-dumping statute” only requires that a hospital provide treatment regardless of the...

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

Car Accidents

In 2015, a total of 35,092 people lost their lives in traffic accidents. On August 29, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration made a press release calling for action to decrease the number of deaths on U.S. Highways. In...

Helicopter Accident Claims 3 Lives

Helicopter Accident Claims 3 Lives

Aviation Accident

A Sikorski S-61 helicopter crashed in Brevard County, Florida near Freeburg Avenue SW in the area of Sapodilla Road SW and Wingham Drive SW in Palm Bay. A Sikorsky S-61 is a old military style aircraft that is no longer in service. Witnesses say that the helicopter was flying low...

Nursing Home Resident Left in Hot Sun

Nursing Home Resident Left in Hot Sun

Nursing Home Abuse

Wilbert Henry Moten died as a result of cardiovascular disease with diabetes and environmental exposure as a contributing factor according to the medical examiner’s report. He was 65 years old at the time of his death. A investigation by police found that Moten’s death...

Lakeland School Bus Accident

Lakeland School Bus Accident

Sovereign Immunity

A school bus accident was reported in Lakeland, Florida. This accident happened at approximately 6:30 a.m. at the intersection of Galloway Road and Swindell Road. According to police, the school bus driver came to a stop at the stop sign before going through the intersection but did...

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