Jacksonville Personal Injury Lawyer

Teen Drinking Party Resolved For Now

Eddie Farah — Sat, 19 Jul 2008 23:08:00 GMT

This story could have had a very different ending.

A few stories ago we reported on the young teenage girl who drank herself unconscious and could not be awakened. On Monday she was released from the hospital. If it had not been for the heroic decision by other teens to right a wrong, she might have never woken up.

There were 60 kids at a party in St. Augustine according to St. Johns County deputies. Kevin Lovelace, 18 tells Channel 4 that he knew something was wrong when he saw the 14-year-old girl.

"She completely looked lifeless," said Lovelace. "My friend -- a really good friend -- just passed away from (an overdose). I didn't want that to happen again, so I figured somebody had to make the right decision."

Lovelace and a friend, Matt Kent, rushed the girl to Flagler Hospital. She was later transferred to Shands-Jacksonville Medical Center. Lovelace says he knew the girl was young, but he had no idea she was 14.

But the home residents, have bonded out of jail. They are charged with contributing to the delinquency of a minor. Also arrested was 18-year-old Noah Bryant who allegedly brought the girl to the party. Their charges are only second-degree misdemeanors. They have no idea how close they came to more serious charges.

"I feel good about myself and helping the little girl and helping a family out because I can't imagine what would have happened if that girl would have died in that house," Lovelace said.

Originally posted at InjuryBoard by Eddie Farah

Botox Lawsuit Filed For Unapproved Uses

Eddie Farah — Sat, 19 Jul 2008 12:35:00 GMT

Allergan, the maker of Botox Cosmetic, makes about $1.2 billion a year from the drug. Plenty to fight the lawsuits that are filed by users who claim they were injured or by survivors of Botox victims.

The latest one, filed in Orange County Superior Court, claim that Allergan failed to warn of the dangers of the drug. Botox is approved to relax wrinkles and for migraines, as well as used unapproved to treat neurological disorders. The cases involve the unapproved uses.

The lawsuit links Botox to three deaths. Last March, a 69-year old Texas nurse received injections for pain in her neck and shoulder and died. In 2004, a 7-year-old with cerebral palsy who received injections to release spasms also died. And a third death occurred just last week in Arizona. After being injected, a 71-year old was unable to swallow, speak, breathe or eat before she died.

Botox has been used for relaxing muscles since the 1970s.The FDA is reviewing reports of one death and other serious reactions to Botox and its competitor, Myobloc.

The most serious reactions are in children who have nerve disorders and are treated to relax arm and leg spasms.

Public Citizen has reviewed patient records and reports that 16 deaths are linked to the use of Botox or Myobloc and that 87 have been hospitalized with life-threatening conditions.

The suit also charges that a dozen other plaintiffs were left disabled with blurred vision and had allergic reactions to Botox that was given for approved uses.

Four years ago, a high-profile Los Angeles plaintiff, the wife of a movie producer, lost her claim against Allergen. Her case for terrible headaches was dismissed.

Botox comes from botulinum toxin Type A, known to interrupt the communication between nerves and muscles.

Allergan says Botox Cosmetic has been used by 15 million around the world and that the product is purified, highly diluted, and safe.

Originally posted at InjuryBoard by Eddie Farah

I-95 Fatal Head-On Kills 2, Injures 3

Eddie Farah — Fri, 18 Jul 2008 22:11:04 GMT

No one knows why a St. Augustine woman was driving south in the northbound lane of I-95 at 3 a.m., Thursday morning. She was killed instantly when her vehicle collided head-on with an SUV carrying a South Carolina family.

A passenger in the SUV died as well.

Rachel Higgins, 33, a St. Augustine optician, was pronounced dead at the scene. She leaves behind a 13-year old daughter. Family members tell First Coast News, her daugher was the light of Higgins' life.

The other fatality was Debra Baughman, 45, a teacher. Her husband, SUV driver, Scott Baughman, 44 and 19-year-old Lindsey Baughman were injured but in fair condition at Shands-Jacksonville Hospital. 13-year-old Aaron Baughman was in critical condition at Shands.

No one in either vehicle was wearing a seat belt. It's amazing from the video that anyone survived at all.

The Baughman family was on their way to Fleming Island in the Jacksonville area to visit relatives.

This stretch of I-95 near International Golf Parkway and State Road 16 is no stranger to head-ons.

In the past year, there were two other crashes involving drivers traveling the wrong-way on I-95 in St. Johns County. In that case, one year ago, a man was traveling north in the southbound lane when he hit an SUV around midnight. Two people died.

Then last December, a car traveling north in the southbound lane hit a van on I-95 about a mile south of CR-210 on I-95. Four people were injured in that auto accident.

Obviously visibility late at night or early in the morning is a problem, especially along a stretch of Florida Interstate. The FHP speculates the heavy rain at the time may have had something to do with it. They will check to determine if alcohol was a factor.

"We're still trying to determine where she may have got on the wrong way and how long she'd been there," FHP Lt. Bill Leeper tells Channel 4. "It was bad. When you have someone traveling on the wrong side of the road, the motorist traveling in the right direction doesn't expect that."

Our condolences go out to both families. #

Originally posted at InjuryBoard by Eddie Farah

New Gun Law Sparking Opposition In Florida

Eddie Farah — Thu, 17 Jul 2008 20:28:00 GMT

On Tuesday, Florida got a new law that some feel makes the workplace safer. Others feel it makes the workplace more dangerous. It's a very emotional issue, gun control, so let's not go into that here.

But some Florida businesses are "just saying NO" to the expanded rights of gun owners.

JEA, the utility of the Jacksonville area, has sent a letter to employees telling them NOT to bring their guns to work.

The "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" was signed recently by Gov. Charlie Crist.

It allows employees, who have a valid concealed weapons permit, to bring their gun to work and keep it in their car.

JEA says there are exemptions and they fall into one.

Banks, churches, court- they are all exempted from the law. JEA doesn't say explicitly what the exemption is that they fall under. Many say they will bring guns anyway and not tell.

At Walt Disney World in Orlando, employees will not be allowed to keep guns in their cars at company parking lots.

Disney is not making any friends with backers of the law such as the National Rifle Association and lawmakers. "You've got to be kidding me," according to state Sen. Durell Peaden, one of the authors of the bill and a Republican from the Florida Panhandle, tells the Orlando Sentinel.

But Disney has a long standing policy against guns on the 30,000 acre property despite what the NRA says. And Disney has clout. It employs more people at a single location than any local employer - 60,000. Bringing a gun to work could be grounds for termination.

Also exempted under the law are defense contractors or explosives manufacturers.

A last minute revision to the bill included an exemption for any property leased or owned by an employer who has a permit for explosives. Disney has a permit to use fireworks in its theme parks.

Disney says its theme parks, resorts, cast member parking lots, administrative offices, sports complex, hotels, Celebration and Disney Reservation centers in Orlando and Tampa are all exempt.

However, not exempt are Disney Cruise Line's crew parking lots and some other Disney properties in Florida. And Universal is joining Disney in claiming an exemption.

Not so at Sea World. The company believes in the rights of employees or visitors to transport legal firearms in their car, according to a spokeswoman. #

Originally posted at InjuryBoard by Eddie Farah

Open House Party Goes Wild- Three Teens Arrested, 14-Year-Old Hospitalized

Eddie Farah — Sat, 12 Jul 2008 17:55:00 GMT

Three St. Johns County Florida teenagers were arrested Saturday for giving a 14-year-old girl so much alcohol that she passed out at an open house party.

The house, just south of St. Augustine, had about 60 juveniles and no parents. A 14-year-old girl went to the party with an old 18-year-old. Her parents thought she was home in bed.

No parental supervision, lots of alcohol, and kids. No stretch what happened here.

The girl drank enough that she passed out and the teen party host tried to revive her with a blast from a garden hose. When that didn't work, they put her in a shower, then forced her to eat bread.

Two other partiers decided to do the right thing and drive the sick 14-year-old to Flagler Hospital in St. Augustine. Medical personnel say they got her there just in time.

The two who hosted the party, both 19 are under arrest as is the 18-year-old who brought the girl, charged with contributing to the delinquency of a minor. And the St. Johns County Sheriff's office will be scrambling to determine just who owns the home - they could be liable.

Last month a party at the Jacksonville beaches ended up with a 15-year old girl passing out and claiming she was gang raped.

In May, a Jacksonville attorney was arrested when police found an open keg of beer and about 50 underage kids in her backyard. She was charged with giving alcoholic beverages to underage drinkers.

A young couple died last year after being served alcohol. The 20-year old young man had a blood-alcohol of 0.15 and his 18-year-old girlfriend drowned with him when his truck rolled into Julington Creek. The pair had attended two parties that night.

And last month we reported that a party in Ocala ended up with five young men speeding off in a BMW and crashing into a tree. No one survived the crash and the party host, an adult, was arrested.

Under Florida Statutes Ch. 827 on alcohol consumption by minors, if a partygoer is under the age of 21 and partakes in any booze, a parent can be facing a second-degree misdemeanor punishable by a $500 fine and up to 60 days in jail. If someone is killed, those charges could be upped to manslaughter.

Then there are the civil liabilities. Parents can also be held responsible for negligent supervision of children and could face the financial consequences of any accidents or deaths that might occur, including jail time and seizure and sale of their non-exempt assets.

That's enough to take the fun out of any party.

Originally posted at InjuryBoard by Eddie Farah

Bicyclist Run Over By Truck and Killed on Westside of Jacksonville

Eddie Farah — Fri, 11 Jul 2008 22:38:00 GMT

Expect to hear more stories like this as the price of gasoline becomes prohibitively expensive for many.

Bicycles are a great way to get around- in a perfect world with fewer cars. But an increase in bicycles on the road requires people behind the wheel of a car to keep their eyes opened for those on two wheels.

Unfortunately that didn't happen on Thursday afternoon.

A cyclist was cutting through a Shell station on the Westside of Jacksonville. That's when a tow-truck, obviously blinded, backed out of a diesel fueling area. He struck the cyclist even though bystanders were yelling at the driver to stop. When he did, he pulled forward and then ran over the cyclist for a second time, killing the bicyclist.

Charges could be pending against the driver of the tow truck, who is required by law to exercise caution and courtesy on the road.

But too often we hear about bicyclists who, just like those on motorcycles, are just not seen by the motorist.

According to national statistics, the most serious injuries, resulting when a bicycle and car collide, are traumatic brain injury to the cyclist.

A helmet helps reduce head injury risk by 85 percent, but unfortunately in 2006, the vast majority of bicyclists killed were not wearing helmets. No word on whether this rider was wearing one or not.

According to the Insurance Institute for Highway Safety - 770 bicyclists were killed in crashes with motor vehicles in 2006.

A bicyclist or his loved ones may have right to recover fair compensation if a motorist was negligent or failed to exercise a reasonable amount of caution on the road.

Originally posted at InjuryBoard by Eddie Farah

"Daddy Quit Crying," Girl Says To Dad Following Dog Bite

Eddie Farah — Thu, 10 Jul 2008 20:30:00 GMT

Last Saturday, over the July 4th holiday, 9-year-old Miranda Miller spent the day at a family friend's house in Melrose, Florida.

Miranda and the other kids played outside. The family's dog was always nearby. The dog never showed any sign of aggression until they went inside for the evening.

That's when Miranda went to grab a pencil that had rolled away. The dog bit her- badly. Her father saw the dog, a hound mix by all appearances in the newspaper photo, grab Miranda by the face and start shaking her.

Miller and a friend had to pull the dog off Miranda. The skin on her cheek was barely hanging on.

Miller and his wife, a nurse, made a fast run to Shands Hospital in Gainesville Florida, all the while Miranda telling her parents to "calm down and be quiet."

Miller says he was the one " crying like a baby. She (Miranda) got mad at me and said, 'Daddy, quit crying.' I just couldn't help it. It was just horrific."

200 stitches and three hours of surgery sewed the little girls right cheek back together. The dog is facing euthenasia after a ten-day quarantine.

Miller says his little girl is the hero.

Originally posted at InjuryBoard by Eddie Farah

When It's Time To Pay- Worst Insurers Report

Eddie Farah — Thu, 10 Jul 2008 17:19:00 GMT

The American Association for Justice, is an organization of personal injury attorneys long experienced in fighting insurance companies. This report just issued uncovers just how and from which companies the consumer is getting the short end of the stick.

The number one worst insurer for consumers is Allstate, says AAJ. The group issued its report after sorting through thousands of legal documents, financial filings, as well as complaints filed with state insurance departments.

They were looking for how often claims were paid and how often the company employed hardball tactics against policyholders such as a "take-it-or-leave-it" offer.

Allstate is known to force consumers to accept lowball claims or to deny claims altogether. One Allstate employee reported that supervisors told agents to lie and blame fires on arson, and in turn, they were rewarded. And a well-known consultant, McKinsey, advises insurance companies how NOT to pay soft tissue injuries, knowing they are difficult to substantiate.

AAJ also noted extravagant salaries for upper ranked executives while consumers faced rising premiums.

Some of the others at the top of the list include :

* Unum - which sells disability insurance.

* AIG - The world's biggest insurer.

* State Farm - Lawyers are familiar with State Farm's deny and delay tactics, especially during Hurricane Katrina.

* Conseco - Conseco sells long-term care policies, typically to the elderly.

Also in the Top Ten are - WellPoint, Farmers, United Health, Torchmark, and Liberty Mutual.

The bottom line to all of these companies is greed- taking care of the bottom line and not the customers who pay the premiums making them annual profits that exceed $30 billion and take in more than $1 trillion in premiums every year.

See the full report here.

Let's hope you are in better hands than this report indicates.

Originally posted at InjuryBoard by Eddie Farah

Driven To Distraction

Eddie Farah — Sat, 05 Jul 2008 23:38:00 GMT

Washington State has decided that if you talk on the cellphone while driving you can face a $101 fine.

Washington State joins four other states - California, Connecticut, New York, and New Jersey, that have cellphone restrictions while driving.

Do not expect Florida to jump on this bandwagon anytime soon.

Florida is one of eight states including Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon and Utah, that actually prohibits putting a ban on drinking and cellphone talking.

A measure that would have made it against the law to talk on a cellphone or send text messages while driving, was put on hold in the state Senate a year ago when the phone companies argued that putting on mascara or eating breakfast is just as distracting as talking and texting. Not surprisingingly, the bill SB2372, went nowhere.

"We think current driving laws give our law enforcement officers a lot of leeway," to ticket drivers who are being careless, said Doug Mannheimer, a lobbyist for Sprint.

Forget what telephone lobbyists think. Many others believe a ban on using a hand-held cellphone is a good idea. Just ask motorcyclists. They say they're always dodging distracted drivers. And how exactly does one drive and text at the same time? Drive well that is.

Research shows that younger, less experienced drivers are the most likely to be distracted while talking to their friends and driving.

The Insurance Institute for Highway Safety reports that 17 states and the District of Columbia restrict both hand-held and hands-free phone use by young drivers.

Florida's lack of action on this issue is sending a wrong message to young driver and adults alike - that driving while distracted is okay and the state doesnt take the issue seriously.

Remember a ban on a hand-held cellphone does not not necessarily extend to a hands-free model that can be used if one really needs to conduct business on the road.

It's already dangerous enough to get behind a wheel, we don't need distracted drivers.

Originally posted at InjuryBoard by Eddie Farah

Brazen Shooting in Mid-Day Kills SUV Driver

Eddie Farah — Sat, 05 Jul 2008 09:25:00 GMT

The streets of Jacksonville, Florida do not need this, especially on July 4^th at noon on a heavily-traveled Westside intersection.

One man, the driver of an SUV, was shot to death by another man who approached his car.

"It's very brazen," said Sgt. Shawn Coarsey of the Jacksonville Sheriff's Office homicide division. "It's a very busy intersection. A lot of people could have been hurt."

The driver, Brians Givens, 35, might have known the man who approached his SUV stopped at a traffic light. When the unidentified guy got out of a white vehicle and opened fire on Givens with a handgun, Givens thought to push his brother down in the passenger seat. As a result the brother was only injured by shattering glass.

Givens was able to drive his SUV about a mile down the road into a fire station but was pronounced dead a short while later at Shands Hospital.

There is no known motive for the shooting at this time, however residents are calling for more police officers. And someone writing to Jacksonville.com says that Givens was a father of two children.

Residents of Jacksonville can help make our streets safer from crime by calling Crimestoppers with any information at 866-845-TIPS.

Originally posted at InjuryBoard by Eddie Farah