Jacksonville Personal Injury Blog

As if the morning rush hour isn’t bad enough, commuters had to dodge a twin-engine aircraft as it made an emergency landing along Interstate 10 on Tuesday, August 31, around 8:15 a.m. Traffic snarled for hours after commuters dodged the plane on the crowded highway, according to an article on News4Jax.com. The pilot and his passenger walked away from the crash landing while a small amount of fuel leaked from the plane.

The problem with the 1957 Aero Commander plane began earlier that morning after it took off from Herlong. Soon afterward, the pilot reported losing one engine. He tried to return to the airport when the other engine went out. At that point, pilot William Montgomery, 47, of Jacksonville, was forced into an emergency landing on the westbound lanes of I-10 at mile marker 353, which is near the large Publix warehouse.

Upon landing the plane’s right wing hit several trees and sheared off. Neither the pilot nor passenger, 27-year-old Kacper Gradzki of Orange Park, was injured.

The plane was on its way to Craig Airport for radio maintenance when it went down. The National Transportation Safety Board is sending inspectors to Jacksonville to determine what went wrong.

Amazingly, the pilot managed to avoid hitting power lines and rear-ending any cars on crowded I-10. All that happened was that commuter rubberneckers jammed traffic as they slowed down to see the plane crashed on the side of the highway.

Jacksonville aviation accident attorneys are thankful that nobody was injured as airplane crashes usually have a much more tragic outcome.

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Fortunately, there were no school children on a school bus during an early morning accident in Pinellas County, Wednesday, September 1, according to WTSP. The crash happened about 6 a.m. when a pickup truck was turning off 130th Street onto Ulmerton Road attempting to go east. He crossed westbound traffic, which included the school bus.

The bus hit the front passenger side of the pickup. Two people were inside. The driver died and the passenger was taken to Bayfront Hospital. There is no word on his or her condition or whether they were wearing seat belts. All lanes were closed for some time. The bus driver was taken away on a stretcher. There is no word on his condition at this time. Our condolences go out to the friends and family of the man driving the pickup truck.

School Bus Statistics
According to the Florida Department of Highway Safety, the training of our school bus drivers is a critical link to the safety and welfare of our students.

School buses are considered a safe mode of transportation. Between 1998 and 2002, six children died in school bus crashes in Florida. Four children were killed while loading or unloading from a school bus.

And a high percentage of the 4,830 school bus crashes were attributed to the fault of other drivers, according to the state.

In this case, we have no idea why the pickup turned in front of traffic, but it does not appear there was anything the school bus driver could have done to avoid the accident.

If you or a loved one is injured in a school bus or because of public transportation, the experienced Florida bus accident attorneys at Farah & Farah will advocate for you and determine the at-fault party that may be responsible for your injuries and compensation.

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You drive next to a big rig on the highway. Has anyone ever that thought they are not big enough?

Well, your consumer concerns are not even in the radar of Kraft Foods Inc., MillerCoors, or Coca-Cola, which would all like trucks to be bigger so they can carry more product around the country on fewer trips. The companies then save money on gas.

Kraft is part of 150 companies that are lobbying Congress to allow trucks 20% heavier on the nation’s roadways, according to Chicago Breaking Business. Instead of the maximum of 80,000 pounds, they could weigh up to 97,000 pounds. Mega-trucks could add two, even three trailers to allow for the heavier loads, bringing the length up to 120 feet up from the current limit on most interstates of 53 feet.

But consider that heavier trucks increase the likelihood for more catastrophic failures of our bridges, such as the collapse of the I-35 Bridge in Minneapolis where 13 people were killed and 145 were seriously injured.

Nineteen western governors like the idea of the “double” and “triple” tractor trailers. It’s already happened in the train industry. Union Pacific Corp. ran a test of a “monster train” that ran 3.4 miles through Southern California. Union Pacific failed to alert local authorities of the test. Imagine what could happen if an emergency vehicle had to cross the tracks when this monster was passing through?

There is a bill in the House and one in the Senate to allow for the larger big-rigs. Rep. Michael Michaud (D-Maine) proposes raising the weight limit to 97,000 pounds.

In the last 50 years, the trucking industry has been relentless in its push to put larger and larger trucks on the road and to push its drivers to log longer and longer hours behind the wheel. Sen. Frank Lautenberg (D., N.J.) and Rep Jim McGovern (D., Mass.) have filed legislation to ban bigger and heavier trucks.

Where do consumers weigh in? Truck Safety Coalition’s Jane Mathis, who lost a son and his wife in a big rig accident in Florida says, “We don’t need bigger trucks; we need safer trucks,” in her support of the Lautenberg bill.

This concerns Florida truck accident attorneys and personal injury lawyers throughout the nation.

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It’s been reported that BP oil cleanup workers are required to take a 40 minute rest after just 20 minutes of work. That’s why it appears they are not doing anything. Reporter, Larry Mendte, who writes for the Philadelphia Post reports that BP crews are everywhere, but with all the rest they have to take, locals have the impression they are not working very hard for their $18 an hour.

Mendte traveled the beaches from Mississippi through Alabama to Panama City and says the workers are doing a very good job. He also says he saw oil covered dead fishdead fish covered in oil and tar balls on the beach. Much of the beach has been combed and manicured. Residents along the Gulf shores say even if they don’t see tar, the water and sand feel different.

Most of the business owners and some employees have been compensated by BP for their losses due to the tragic oil spill that occurred April 20. Between now and November, they can apply to receive funds from the $20 billion BP has set aside to compensate losses to workers and businesses. But not everyone is happy.

Horse Feathers Restaurant is down about 80% in revenue from last year with a loss so far of about $250,000. The owner applied for and received a check from BP. It bounced! BP is reported to have stopped the compensation midstream because of a new compensation plan in place.

The Florida oil spill loss attorneys at Farah & Farah is are representing people who have lost their livelihood from the recklessness of BP. Be careful what you sign. Once you take a lump sum, you give up your right to take the company to court. BP is essentially shielded from damages you may suffer down the road and “pain and suffering” jury awards.

Despite the promises- no one knows where the oil has gone. The sentiment in the Gulf is that it has gone somewhere and when BP leaves, it will still be left behind along with its victims, many of whom will have no options.

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Under new guidelines it may become more difficult to collect compensation for long-term losses resulting from the BP oil spill. This is good news for BP but very bad news for consumers.

The new rules for oil spill loss claims to be processed were released Friday, August 20. Washington lawyer, Kenneth Feinberg, was picked by President Obama to oversee the $20 billion fund put aside by BP to settle claims.

So now who receives compensation?

The Associated Press reports that a flower shop in Florida probably won’t. Neither will a restaurant in Idaho that had to cut back on fish sales. The closer you are to the Gulf of Mexico, the better the chance that you will see some compensation. That is going to cut out a lot of businesses that rely on the attractions of the beach to make their livelihood, even if they don’t live near the beach.

The question that will have to be asked is, “Do you depend on the Gulf’s natural resources for your livelihood?”

The kicker will come this fall when workers and businesses that make claims will have to agree to give up their right to ever go to court to sue BP in order to be compensated for long-term losses. Give up your American right to a remedy through the courts for money?

Claimants are put in a tough spot. Health effects from this oil spill and the dispersants may not be known for years, not to mention the health concerns from eating seafood from the area.

Claimants have until November 23 to make claims. Feinberg says his goal is to speed up the process that has been rather sluggish.

AP reports that Florida Attorney General, Bill McCollum, wrote to Feinberg objecting to many of the new rules and complaining it creates a heavier burden on the victims of BP.

The Florida oil spill economic loss attorneys at Farah & Farah want to help those who are victims of BP, and now the system, recover what they can. Call us for a complimentary consultation on your losses.

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Law enforcement wants to know - why was a man walking on State Road 9A Wednesday night, August 19? Matthew Russ was heading southbound about one mile south of the intersection of 9A and Baymeadows Road. It happened about 8:20 p.m. when he was struck by a car being driven by Suzanne Talcott.

He died at the scene.

Russ’s car had broken down north of where he was hit and reportedly he was walking to seek help. News4Jax does the man a disservice when it reports that he “staggered” into the travel lane where Talcott could not avoid him due to the other cars next to her.

“Staggered” is a loaded word and the newspaper does not attribute the description to the Florida Highway Patrol, nor does it elaborate. The implication is clearly that he was intoxicated and the public does not hesitate to join in to disparage the man. We do not know if that is true, and apparently neither does the television channel.

Pedestrian Dangers
As Florida auto pedestrian accident attorneys, we understand that being a pedestrian in Jacksonville puts your life in danger.

Florida has four of the five most treacherous metropolitan areas for walking, according to the nonprofit group, Transportation for America.

Orlando, Tampa, Miami, and Jacksonville and their surrounding areas topped the Pedestrian Danger Index for the top four hazardous cities for walkers. Next on the list is Memphis, Tennessee. It may not be surprising that nine of the top ten cities are in the southern U.S. which is known to have car-dominant urban areas.

More than 9,000 pedestrians were killed in collisions with cars and trucks in 2007 and 2008, and 70,000 more were injured, according to the latest statistics from the National Highway Traffic Safety Administration.

Our condolences go out to the family and friends of Mr. Russ for his passing.

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Big Tobacco is at it again. With 8,000 cases filed by smokers who are ill, or the survivors of smokers, the tobacco industry vows it will not quit fighting.

Lewis Specland, 82, even made an offer to settle after another smoker won a $2.2 million claim in a Palm Beach County Circuit Court on behalf of her late husband.

Specland has emphysema and is afraid after 50 years of smoking he will not live long enough to get to court. The tobacco industry did not even acknowledge his offer, reports the Palm Beach Post.

Keep the clock ticking and some plaintiffs will just fade away they figure.

If settlements were made across the board of about $150,000, the tobacco industry would be out $1.2 billion, a fraction of the $145 billion awarded in a Miami class-action case representing 8,000 smokers.

And consider what Big Tobacco is paying out in a fleet of high earning attorneys to fight plaintiffs with all they have. Keep fighting and even a favorable award can be overturned on appeal.

So far there have been 22 Florida tobacco lawsuits that have favored plaintiffs since February 2009. Big Tobacco has lost all but three and the average award was $22 million.

The Palm Beach Post reports tobacco executives have no intention of paying what the juries have awarded. There is a saving grace. Tobacco companies will have to pay attorney’s fees for the plaintiffs who do make it to trial and receive a jury award.

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A woman from Fort White, Florida, died Monday, August 16, after her vehicle crossed the divided highway and was then involved in a head-on collision with another car.

Nancy Vituli, 57, was heading northbound on U.S. 41, about seven miles south of Lake City. Her Honda Civic crossed the center line at approximately 2:45 p.m. near Southeast Gabe Street and struck a Ford Expedition. Barbara Chastain, 65, of High Springs, Florida was behind the wheel. Both cars then rotated counter-clockwise.

Vituli was killed at the scene. She was not wearing her seat belt.

Chastain suffered serious injuries and was taken to Shands Hospital at the University of Florida in Gainesville. Her passenger, Joanne Duffy, 51, was taken by air ambulance to Shands Hospital with critical injuries. Both Chastain and Duffy were wearing their seat belts.

Continue reading "Woman Killed in Lake City Head-On Auto Accident Not Wearing Seat Belt" »

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Kawasaki Motors Corp is recalling about 4,000 of one of its off-road motorcycles because of safety concerns. Kawasaki agreed to the recall suggested by the Consumer Product Safety Commission (CPSC). Consumers are warned they should stop using the off-road bike. It is also considered illegal to resell a recalled motorcycle.

The motorcycle in question is the Kawasaki 2010 KLX110. It is an off-road bike distributed by Kawasaki Motors of Irvine, California.

The problem – the bike has a faulty housing for the ignition switch which can allow water to enter. That can potentially activate the starter and since this is an electric starter, it can cause serious hazard of death. No injuries have been reported.

Note that the 2010 model year is involved and includes series KLX110CAF and KLX110DAF off-road motorcycles. They are distinguished by their lime green color with the word “Kawasaki” on the side of the fuel tank.

Continue reading "Kawasaki Recalls ATV" »

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Shawn Tyler Pugh told Gainesville police that opiates might show up in his system after he rear-ended a car Monday, August 9. He was arrested on charges of DUI, even though his breath test registered .000, reports the Gainesville Sun.

Pugh was driving a 2005 Pontiac when he ran into a car in the 1000 block of West University. The impact did about $14,000 damage to two cars. One person ended up in the hospital with injuries. Pugh has been charged with driving on a suspended license, careless driving, and damage to property.

The young man told police that opiates, THC, or Percocet might show up in his test. A look at the records shows his license has been suspended four times. Unable to perform any sobriety tests, Pugh appeared confused when an officer spoke to him. He was booked into the Alachua County jail.

Continue reading "20-Year-Old Charged with DUI Following Crash" »

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Cory Fine was 41-years-old and overweight. The University of North Florida business school professor was so unhappy with his weight that he decided to undergo gastric bypass surgery at Shands at the University of Florida. That was 2002. Fine never made it out of the hospital.

On Thursday, August 12, an Alachua County jury returned a $6.2 million medical malpractice verdict to Fine’s widow and son.

Was it malpractice? The attorney for the family said definitely yes. The surgery went well, but then Fine had some breathing difficulties. It is very easy for a nurse to check a person’s oxygen saturation levels, in other words how much oxygen they are taking in and how effectively their heart is working.

But for some reason when Fine went to radiology for a CT scan, no one checked his levels. Even though he told technicians he felt he was dying and couldn’t breathe if he laid down flat, he was told to lie down on the table. No doctor checked Mr. Fine either as he lay on the table awaiting the CT scan. Fine died on the table. News 4 Jax reports he died of cardiac arrhythmia due to a lack of oxygen.

He was right - he was dying, but no one listened. Fine is survived by his wife Lisa and Tyler, his son, 10.

Shands had no comment to the Gainesville Sun.

Shands is expected to appeal the verdict which will hold it up for more years after waiting 10 years to get to trial. Justice delayed is justice denied, and the family has already waited eight years for justice. Now they get to wait longer.

If you or a loved one has been injured by the medical profession, the experienced Florida medical malpractice attorneys at Farah & Farah will meet and discuss the specifics of your situation to determine if there are any avenues to hold the at-fault party responsible for your injury and expenses.

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Flagler Hospital in St. Augustine is one of a few hospitals across the country that has installed a new high-tech device to cut down on antibiotic resistance staph infection, MRSA. Workers just wave their hands beneath a sensor to find the drug resistant form of staph.

The good news is that it appears to be working as do other efforts nationwide to cut down on hospital-acquired infections from the antibiotic-resistant bacteria, methicillin-resistant Staphylococcus aureus, or MRSA.

A new study from the Centers for Disease Control and Prevention (CDC) finds that hospital-acquired MRSA cases dropped by 28 percent between 2005 and 2008. The study is published in the Journal of the American Medical Association.

MRSA rates also declined by 17% among nine metro area outpatient settings.

Flagler Hospital’s director of infection prevention reports the sensor works by picking up the scent of alcohol, used to kill bacteria and a common ingredient in soaps and gels. If the employee did not wash his hands, the sensor will vibrate their badge as a reminder to wash their hands before seeing the patient. The sensor was developed at the University of Florida.

Unfortunately, doctors and nurses sometimes skip this important step. MRSA can introduce untreatable infections internally that can invade organs and get into the bloodstream where they can be fatal. When this happens, Jacksonville medical malpractice attorneys can help.

Mayo Clinic, Jacksonville, has also made infection control a priority. Hand washing is scored and publicly posted. A team of specialists monitors central IV lines that can be a source of infection. At Mayo, the overall cases of MRSA have reportedly dropped from 20 last June to eight this year.

At Flagler Hospital in St. Augustine, the HyGreen system will be installed in the next month in the 24 bed intensive-care unit at considerable cost. The hospital has already spent $500,000 so far on HyGreen.

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