Articles Posted in Wrongful Death

A 68-year-old Ocala man was killed in a Florida car accident that involved a driver who failed to yield the right of way. According to a news report in The Ocala Star Banner, the fatal crash occurred on East SR 40 near Southeast 12th Terrace in Ocala. Officials say the victim was in a 2000 silver Honda Accord with his 9-year-old grandson when a 1999 Toyota Camry turned right at the intersection and struck them. The Accord veered from the road and hit a wall. The man was killed and his grandson was injured.

The 21-year-old woman behind the wheel of the Toyota was not injured, but she has been cited with failing to yield the right of way at an intersection. This traffic fatality is the second in Ocala this year. There were four people killed in Ocala traffic accidents all of last year.
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Occupational Safety and Health Administration (OSHA) investigators have determined that the death of a 32-year-old machine assistant on August 2013 at Wire Mesh Sales LLC in Jacksonville could have been prevented if a vital safety device in a machine where the fatality occurred had not been disabled.

The worker went into the machine to retrieve a fallen metal bar and was struck and killed by a part that feeds wire into the machine’s welding area. OSHA said that a light curtain that would have disabled the machine before the worker entered the danger zone had been disabled. Investigators concluded that the worker would not have been killed if the guard had been working properly.

OSHA cited Wire Mesh Sales LLC for eight willful violations as well as several other repeat, serious or other-than serious violations. The company has been put in OSHA’s Severe Violator Enforcement Program, which focuses on companies that have shown a “demonstrated indifference” to the health and safety of its workers.
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It’s rare when the work-related death or injury of an employee is not exclusively handled through workers’ compensation in Florida. However, if it is shown that an employer’s actions made it “virtually certain” that an employee would be injured or killed on the job, then the employee or relatives can seek damages outside of the workers’ compensation system.

The workers’ compensation attorneys at Farah & Farah in Jacksonville have learned of a recent case in which a Florida’s First Judicial Circuit jury in Escambia County found that a supervisor at Roads, Inc. allegedly covered up a gas leak caused by his construction crew in order to expedite a storm drain project in Pensacola.

The jury ruled that the supervisor’s decision to conceal or misrepresent that information led to the death of an employee, who was burned over 85% of his body after a gas explosion ignited a flash fire in a below ground pipe. The victim’s relatives claimed that the supervisor knowingly sent the victim to retrieve a remote control device in the pipe, even though several members of the construction crew had been complaining of persistent gas odors in the area.
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A husband, whose wife died last summer off Pompano Beach after plummeting 200 feet when her parasailing harness failed, is suing several parties for her wrongful death.

It was an accident that called into question the lax regulations governing the parasailing industry in the state of Florida. When the wrongful death attorneys at Farah & Farah in Jacksonville reported the incident last year, the only requirements for having a parasailing business was a boat, insurance, some equipment and a licensed boat captain.

Despite the uproar, those requirements have remained unchanged. A bill sponsored by Sen. Marcia Sachs (D-Boca Raton), which would have called for more stringent oversight of the parasailing industry, died in committee this year.

The husband’s attorney said that they believe that the harness broke, was in bad shape and was poorly maintained. The attorney said that his client is seeking substantial compensatory damages, as well as punitive damages.

The couple was visiting South Florida from Connecticut when the accident occurred. They booked a tandem parasailing ride with Waveblast Watersports for $30. The husband watched helplessly as his wife slipped from the harness and fell nearly 20 stories to her death in the water below.

An autopsy revealed that she had died from drowning and “several blunt force injuries.”
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A mother is suing Bethune-Cookman University (BCU) in Daytona Beach for wrongful death, alleging that the university did nothing to stop a fraternity hazing that she says led to her son’s death.

The woman’s son was a sophomore at the time of his death in Feb 2012 and had been attending the university on a band scholarship.

The lawsuit alleges that her son and several other fraternity pledges stayed up all night to study the fraternity’s history “in fear of what would happen if they did not memorize it accurately.” The pledges studied until 4 a.m. and then were awakened a half an hour later after a fraternity member called them and told them to come to his apartment for a quiz.

The lawsuit alleges that they drove together in one car and stayed at the apartment until 8 a.m. The woman’ son was killed as the group was driving home and the driver fell asleep at the wheel. The car crashed into a utility pole. Everyone else in the car survived.

The lawsuit alleges that the crash was caused by hazing-related sleep deprivation. It goes on to say that the university and the Greek-life coordinator at the time “had direct knowledge of previous hazing activities occurring in student groups associated with BCU, including (the) fraternity, and did little or nothing to discipline the activity.”
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The personal injury and wrongful death attorneys at Farah & Farah are following a lawsuit brought against the Orlando Police Department by the parents of a 33-year-old Polk County man who died after allegedly being Tasered by a security guard several times at Universal Studios.

The family is bringing suit against the Orlando Police Department. The guard was an off-duty, Orlando police officer who worked as a security guard at the amusement park.

Police claim that the victim had been allegedly acting “oddly” and became violent at Universal Studios on April 22, 2011. They report that the guard and three other security personnel – also off-duty Orlando police officers – tried to subdue the man and after a tussle, he was shocked with the Taser.

The lawsuit contends that the man posed no threat and that the security guard had no legal justification for detaining the victim or for using the stun device. The suit also alleges that the guard continued to shock the victim when he was down on the ground, which led to the defenseless victim’s death.
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The Miami-Dade County wrongful death attorneys at Farah & Farah have found a story reported by the Miami Herald that seems almost too hard to believe. However, the Herald reports that a 65-year-old man died after it took Miami Beach fire rescuers 31 minutes to go two miles to the scene of an emergency call.

Records indicate that the initial 911 call was made at 9:05 a.m., but that the Miami Fire Department didn’t arrive on the scene until 9:36 a.m. – the man was declared dead at 9:39 a.m. According to police reports, the Fire Department was dispatched seven minutes after the first 911 call.

According to an email written by the wife, her husband was coherent and talking when she first called rescuers, but she grew more frantic when they did not show up. She called one more time before they finally arrived.

Her email alleges that when the first-responders arrived, they were told by walkie-talkie that an EKG machine they had brought with them was “offline” and not working. Paramedics performed CPR, but the man was pronounced dead three minutes later.
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It’s been two years since a 16-year-old girl died as the result of a rodeo accident at the Crosstown Arena in Brandon, but her family is now suing the rodeo for negligence and wrongful death. The statute of limitations to bring a child wrongful death lawsuit is two years in the state of Florida.

The girl died after a bull bucked her off during a bull riding competition and then kicked her in the chest. Although she walked away after the fall, she later collapsed and died at Tampa General Hospital during surgery. It was determined that the kick had lacerated her liver and she died of internal bleeding.
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The Miami-Dade County wrongful death attorneys at Farah & Farah have learned that a man who was doused with gasoline and set on fire at a Miami gas station on Christmas Day has died. His family has brought a lawsuit against the U-gas Station at 4700 NW 27th Ave., claiming that the station has been the scene of a “staggering amount” of crime and that the owners had done nothing to address the security issues.

The senseless and tragic incident occurred on Christmas Day when the man, who had been driving and dropping off members of his family after a gathering, ran out of gas. According to the family’s attorney, he walked to a nearby gas station, filled a container, and paid for the gas. While there, drug dealers on the property asked the man if he wanted to purchase drugs from them.

When he said no, one of the dealers allegedly took offense and threw a lit cigar at him. The fumes from the just purchased gasoline ignited and set the man on fire. He managed to roll in a nearby median and extinguish the fire, but not before he suffered serious burns.
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A 46-year-old Brevard County man, who has been accused of shooting and killing a teen at a Jacksonville gas station, is now being sued. The lawsuits are filed by the family of the dead teen and by the families of the two teens who were in the victim’s Dodge Durango at the time of the incident.

It is a case that has made national headlines. It started as an argument over the teen playing his music too loud at a Southside Boulevard gas station and ended in a hail of gunfire after the suspect allegedly fired 10 shots into the SUV the teen and his friends were sitting in.
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