Jacksonville Personal Injury Lawyer - Wrongful Death

Cash For Clunkers - Good Riddance Rollovers

Eddie Farah — Thu, 13 Aug 2009 22:44:25 GMT

First Coast car dealers in Jacksonville seem to be moving ahead with the “Cash for Clunkers” program despite the questions about depleted funds. The government has approved more money to keep the program rolling for the time being.

The National Highway Traffic Safety Administration (NHTSA) will be administering the program and the official website you can check to see if your car qualifies - http://www.cars.gov.

New car buyers are receiving anywhere from $3,500 to $4,500 credit on their old gas guzzlers, presumably to trade the vehicle in for a more gas efficient vehicle. In Jacksonville, Duval Ford employees received about 25 clunkers last weekend alone, all rated at 18 miles per gallon or worse.

One of the top cars for trade-in is the Ford Explorer. In fact, the top four spots on the list of trade-ins are taken by the Ford Explorer - 1996, 1997, 1998, and 1999. 1995 and 1994 help round out the Top Ten list of trade-ins.

Not only is this a good idea because of the gas guzzling engines, but up until 2005, the Ford Explorer was an unstable car with a tendency to roll. After many unnecessary deaths, in late 2005, the Explorer SUVs came equipped with Roll Stability Control, featuring roll-rate sensing and correcting capability to allow drivers to more easily maintain vehicle control during extreme maneuvers such as correcting the steering wheel when the car was drifting off the road.

Stability control debuted on the 2003 Volvo XC 90 and Lincoln SUV in 2004.

It was a Ford Explorer that rolled and threw nine high school students out of the windows early this summer and rolled several times. Three teens died.

Class-action lawsuits have forced the company to incorporate more safety features and today it’s estimated the much-improved Explorer is among the five million on the road.

But turning in the pre-2005 models is a good thing, and not just for saving gasoline, it could save lives. #

Originally posted at InjuryBoard by Eddie Farah

Construction Worker Painting Lines Hit, Killed By SUV

Eddie Farah — Wed, 12 Aug 2009 14:59:10 GMT

People who work on our roads often wear brightly colored neon vests and helmets. That is what 37-year-old Cary Fraser was wearing, but it didn't help him to be more visible to a driver of an SUV Tuesday morning.

The Nissan Xterra, driven by 42-year-old Michael O’Hara stopped after hitting Fraser, but it was too late, he died at the scene. This accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting stripes on the J. Turner Butler Boulevard ramp to I-95 north when he was hit.

Our condolences go out to his wife and family for this senseless loss and to his team members for the loss of a valuable member. Co-workers blog on channel 4 that Fraser was very safety conscious and made sure everyone paid attention to their surroundings. It is people like Fraser who make our lives easier on the roads.

Fraser and his wife had just moved into their Southside apartment two weeks ago. FHP investigators say the driver of the SUV stopped afterward, but what exactly happened that led to this accident remains under investigation. Ultimately charges could be filed.

Drivers are known to travel at excessive speeds through the area. 70 to 80 miles per hour is not uncommon, even though construction zones generally have clearly marked “Reduce Speed” signs of 45 mph. One driver remarks that he faces honking horns and a driver even spit on his car when he slowed around a construction site.

The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause.

In Florida, the Legislature has enacted Florida Statute 316.079 - which essentially says drivers have a duty to yield to highway construction workers.

"(1) Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flagperson engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flagperson and a warning sign or device.

(2) Every driver of a vehicle on public roadways shall yield the right-of- way to an escort vehicle or pedestrian flagperson that is engaged in the management of highway movements of an oversized vehicle permitted pursuant to s.316.550, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flagperson."

If we want better roads, this project was part of the $14 million Better Jacksonvile Plan, we need to respect those who make it happen.

Originally posted at InjuryBoard by Eddie Farah

Disney Discovery Denied In Monorail Death

Eddie Farah — Thu, 16 Jul 2009 21:52:35 GMT

Lawyers representing the mother of the 21-year-old pilot of a Disney monorail ,who died July 5, have been denied the opportunity to inspect all of the evidence into the death of Austin Wuennenberg.

The evidence would include video from surveillance cameras on the platform at the time of the crash as well as any audio communication or black box data recorders from the platform. That is the location where monorail workers would have been when the command for the pink train was given for it to move into reverse. The pink train crashed into the purple train, piloted by Austin. But Wednesday the petition to inspect the evidence so far was denied by an Orange County judge.

Attorney Chris Searcy had filed a Petition for a Pure Bill of Discovery that allows evidence to be turned over before a lawsuit is filed. Searcy also sought a list of witnesses and employees involved in the early morning operation of the monorail. The concern is that evidence may disappear at some point so Disney has been ordered not to destroy potential evidence in a civil case, which would be against the law.

Every night the monorails are brought into the shop for maintenance. In moving onto beams taking the train into a shop in the back, the monorails are supposed to go to a switch. Insiders say that in order to get to the back, the anti-collision system must be disabled. Instead of heading to the shop in back, the pink train may have gone in the opposite direction to the Transportation and Ticket Center.

The National Transportation Safety Board (NTSB) and OSHA, Occupational Safety and Health Administration are both conducting investigations which could take up to a year.

Attraction Magazine is reporting that on Wuennenberg’s Facebook page he wrote that he “has a 14 hour shift today” raising the questions about fatigue of the crew.

A man claiming to be the OSHA investigator in the case (complete with his photo and phone number and e-mail) says on the Facebook page, he is interested “if Disney changed any procedures. Some of the other areas I am interested is past accidents, past close calls, issues having to use monorails that are broken, communication issues”.

If a lawsuit is filed on behalf of Christine Wuennenberg, worker’s compensation law in Florida limits compensation to $150,000, but that is for dependants of those injured or killed, a parent would not qualify. The injured has to prove the employer deliberately intended to injure the employee or the employer engaged in conduct that was virtually certain to result in injury and death and failed to warn the employee.

That is an extremely high standard of proof required, even beyond mere negligence. Our condolences go out to the family of this young man who was simply working his way through college. #

Originally posted at InjuryBoard by Eddie Farah

Buckle Up On The Boat This Holiday Weekend

Eddie Farah — Thu, 02 Jul 2009 22:21:20 GMT

A warning before you head out this July 4^th weekend on the coastal or Intracoastal Florida waters – The Coast Guard says this holiday is the deadliest one for Florida boaters.

The Coast Guard, as well as Florida Fish and Wildlife, will be out patrolling the waterways this Independence Day holiday. Their message- wear a life jacket!

Not unlike a car, wearing a life jacket is a must when there are more boats on the water, especially at night when it’s difficult to see. Also people paying attention to the fireworks are not likely to be paying attention to their surroundings, so it’s always a good idea to have a second observer watching out for where you are going and looking for any hazards, such as debris, in the water.

Another thing to remember- just like driving a car – don’t drive a boat drunk. Alcohol is a known factor in about 20 percent of fatal boating accidents, so if you plan on drinking name a designated driver. The sun, noise, and wind are considered stressors that intensify the affects of alcohol and drugs.

According to the Coast Guard, national boating statistics showed the numbers of deaths from 2006 to 2007 dropped from 710 to 685. Unfortunately the number of accidents rose during the same period from 4,967 to 5,191.

Over two-thirds of fatal boating accidents involved drowning and of those 90 percent were not wearing a life jacket. The Coast Guard reports that three-quarters of drowning occurred in boats less than 21 feet. And the majority occurred on boats where the operator had not received safety instructions.

When out in deep water, running out of gas is a problem for some who are not paying attention. The Coast Guard will be bringing extra fuel containers onboard for those boaters. And after ten hours on the water – don’t forget about the drained batteries you will need to get back home.

Many experienced boaters say this weekend is one they decide to leave the boat in the dry dock!

Originally posted at InjuryBoard by Eddie Farah

Three-Year-Old Dies In Lake City Pool As Swim Season Begins

Eddie Farah — Thu, 21 May 2009 18:29:42 GMT

A three-year-old child drowned Sunday afternoon, May 17, in a swimming pool in the back yard of a home in Lake City. He was scooped from the pool and taken to a local hospital where was pronounced dead. The Columbia County Sheriff’s office calls it a tragic accident.

We are sorry for the loss this family must be feeling now and forever.

And now with the Memorial Day holiday here, a federal report by theConsumer Product Safety Commission says nearly 300 children under the age of 5, drown in pools and spas each year. About 3,000 young children suffer injuries related to the pool or spa that require a trip to the emergency room.

Spas and pools are particularly treacherous for toddlers under the age of two, with the majority of drownings occurring in back yard pools and spas.

Florida’s Congresswoman, Debbie Wasserman Schultz, who has taken a lead in this issue, held a news conference with Safe Kids USA to urge home pool owners to check the fencing in place to keep youngsters from gaining access to pool areas. Self-closing, self-latching gates prevent kids from entering a pool area. Alarms alert an adult if someone enters the pool area or even the pool accidentally. Some kids even get out by a pet door- so consider that an area to watch.

Newer and safer drain covers prevent entrapment, where children are sucked into the drain with enough force that even and adult would have trouble breaking free.

Virginia Graeme Baker died that way, and it is for her that the Pool and Spa Safety Act has been funded this year. It requires all public pools and spas to have anti-entrapment drain covers and additional systems to prevent entrapment. The state departments of health are enforcing the law.

If you have any questions about what is required visit the CPSC web site www.PoolSafety.gov.

It doesn’t take but a minute for a child to slip out of sight and drown. Let’s have a summer in Florida without any more of these unfortunate reports. #

Originally posted at InjuryBoard by Eddie Farah

NTSB Investigation Into Flight That Killed Jacksonville Law Student

Eddie Farah — Thu, 14 May 2009 21:00:24 GMT

Jacksonville has a connection to the airline crash that is the focus of a National Transportation Safety Board (NTSB) hearing.

A local law student was one of the 49 passengers aboard who died when Continental Flight 3407 crashed February 12^th in Buffalo, New York.

Ellyce Kausner, 24, was in her second-year at Florida Coastal School of Law and known as “bright and very articulate”. Kausner was going to Buffalo, her home, for Valentine’s Day and had plans to take her nephew to school and be his special valentine.

What a special person and such a horrible loss for the survivors of those onboard, especially as we begin to get the picture that with an adequately trained crew that wasn’t fatigued, the accident may have been avoidable.

The NTSB is conducting an investigation and what we are learning is that Continental Connection Flight 3407 had a pilot at the helm, Capt. Marvin Renslow, who was inadequately trained on the automatic system that was attempting to help the plane pick-up speed.

Instead he overrode the controls, the exact opposite of procedure.

Sources at the hearing say he had failed at least two flight simulator tests as well as others in his career.

The co-pilot, 24-year-old Rebecca Shaw, was not experienced in the icy conditions and both pilots had fewer than 1,000 hours of flight time combined.

The NTSB is covering the areas of investigation that an experienced aviation attorney would – reviewing aircraft maintenance, the flying conditions, ice and snow, crew training and the airline's adherence to safety rules.

Everything seems to be pointing to pilot error and a corporate policy of inadequate training and looking the other way. You can keep salaries low when you don’t expect much.

Everyone who flies deserves better. Clearly there is much fault to go around here and we will hear the real story when the NTSB report is complete, giving the survivors of loved ones enough time within the two year limit, to file wrongful death claims.

All we can do is learn and work to improve this situation, and remember one important thing - if you have to travel on a regional turbo-prop and the night conditions are icy - cancel and wait for another flight with better conditions. #

Originally posted at InjuryBoard by Eddie Farah

Mom Sentenced In Wreck That Killed Son

Eddie Farah — Wed, 13 May 2009 22:46:24 GMT

A Jacksonville mother has a long time to think about that day in March of 2008.

She was speeding on a rain-slicked road, with her nine-year-old son in the car. Police estimate she may have been traveling in excess of 90 mph when she lost control of her car and hit a tree. Her son, Michael, was killed.

This week Darlene Johns was sentenced to 30 months in prison and seven years probation during which time she will not be allowed to drive.

We extend our condolences to both of Michael's parents and family for his loss.

According to the sentencing guidelines, the 32-year-old could have spent up to seven years in prison after pleading guilty to vehicular homicide. Vehicular homicide is the killing of a human being, “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

Instead, Circuit Judge Michael Weatherby ordered seven years of probation, essentially cutting her some slack. The sentence was shorter than Michael’s father’s family had requested, but the guidelines are just that, a guideline.

Darlene John’s sister said she was a good mother who would have given her own life for her son.

Carlene Deen told the media, "My sister does not deserve to go through what she's going through. She has the loss of a child. She has another child at home she will be without. She does not deserve what she's going through." #

At Farah and Farah, we see the tragic results of traffic accidents every day. Speeding is never worth the price.

Originally posted at InjuryBoard by Eddie Farah

Speeding Public Officials Face Charges After Fatalities

Eddie Farah — Sat, 09 May 2009 00:44:48 GMT

They are sworn to protect the public, but instead these individuals are being charged with endangering it.

Criminal charges will be filed against a Jacksonville Sheriff’s officer and a Jacksonville Fire Rescue district chief. Both men were involved in speeding incidents that left two elderly men dead, in separate incidents.

We’ve reported on one incident - the case of 86-year-old Matthew Ogden Jr. who was broadsided by a JSO police car driven by Officer Marcus Kilpatrick last January. Ogden was killed at the scene by the speeding officer who was in pursuit of another motorist who reportedly had tinted windows.

Witnesses say the emergency lights weren’t even on when Kilpatrick slammed into Ogden’s truck at about 60 mph after he had been speeding at 100 mph.

In the other crash, District Fire Chief Adrian Johnson is facing charges of culpable negligence after a November crash with a car driven by Howard Corrigan, 75. In that case too, police say Johnson did not have a siren on. No word on who or what he was pursuing.

Kilpatrick is also facing culpable negligence charges as well as charges that he lied during an investigation.

We are sorry for the loss of both of these men.

The law allows both officers to face charges that are misdemeanors. And while they can carry a jail time of up to one year, the State Attorney’s Office is saying that jail time may not be appropriate in these cases.

Just what should the punishment be for killing two people? What would be the punishment for one citizen hitting and killing another?

With at least 400 estimated deaths from police collisions across the U.S. (and some say that might be double), Voices Insisting on Pursuit Safety, and the Orlando-based advocacy group, Pursuit Watch, say enough is enough.

Both of these groups were formed after someone they loved was killed by a police vehicle, Candy Priano lost her daughter Kristie, who was killed in the back of the family minivan on the way to her high school basketball game by a police car in pursuit, and John Phillips of Orlando, lost his 20-year-old sister Sarah when a cruiser hit her car traveling 70 mph.

Phillips has helped Orange County develop one of the most responsible and restrictive pursuit policies in the nation which sometimes means there is no chase. Its adoption follows a similarly restrictive policy by the Orange County Sheriff’s Office in the fall of 2003.

Sometimes police forget their job isn’t to catch a bad guy but to protect the public.

The State Attorney's office is showing incredibly bad judgment here by letting two individuals skate. If anything they should be held to a higher standard of public safety than the rest of us, not a lower one. #

Originally posted at InjuryBoard by Eddie Farah

Mystery Compound That Killed Horses In Florida To Be Revealed

Eddie Farah — Fri, 24 Apr 2009 22:17:00 GMT

Early this week, the University of Florida College of Veterinary Medicine may release the name of the drug that killed 21 polo horses as they were getting ready to compete in a Florida match.

The state is awaiting the result of toxicology reports on the animals that were buried last Thursday.

It has been confirmed that the 21 horses who died received an injection only described as a compound consisting of vitamin B12, along with a form of selenium and vitamins and minerals. A similar drug is Biodyl, a French-made compound not approved in the U.S. is given to race horses to fight fatigue.

The 21 horses were preparing for a championship match Sunday April 18th and belonged to a Venezuelan owner. They began falling to the ground shortly after given the injections before the horrified spectators at the International Polo Club Palm Beach in Wellington. The horses who were not injected did not die.

We now know that Franck’s Pharmacy in Ocala, Florida prepared the compound. It is a retail compounding pharmacy used by veterinarians and physicians, and considered one of the biggest and best in the country to create customized formulas.

This fatal error in mixing customized medicines should remind us that medication errors are more common than you might think for humans as well.

Remember the twins of actor Dennis Quaid? He came into the hospital room and saw the newborns bleeding out from too much blood-thinner, heparin. The children almost died, and in fact others had when health care workers mistakenly used the higher dosage bottles instead of the low dose. The labels are both blue and very similar. The Quaids sued Baxter Healthcare.

Every year in the United States, 30 million medication errors occur, according to the National Patient Safety Foundation. Some errors are minor, but others can be serious or fatal. The patient must be their own advocate and not just blindly trust a pharmacist.

The National Patient Safety Foundation suggests:

Don’t get a prescription filled at the beginning of the month. The group’s research showed that there are more medication prescription errors then, probably because social security checks that arrive mean that more people are getting prescriptions filled.
Open the prescription at the pharmacy and show it to the druggist to make sure the correct medication has been dispensed.
Ask your doctor to write clearly, the quantity of drugs, prescription dose and patient instructions, just so there are no errors

Originally posted at InjuryBoard by Eddie Farah

Boat Driver Not Intoxicated In Easter Sunday Wreck That Killed Five

Eddie Farah — Sun, 19 Apr 2009 23:46:27 GMT

Blood alcohol has just come back on the person in the driver's seat of that Easter Sunday boating crash on the Intracoastal that left five people dead.

There was a great deal of speculation that alcohol had some part to play, but the test came back on the 44-year old woman at 0.035 percent, well below the blood-alcohol level for intoxication in Florida at 0.08.

That means the driver had the equivalent of a drink and a half.

On Easter Sunday, nine people were injured in addition to those who died aboard the 22- foot Crownline which slammed into a tugboat anchored at a private dock about a mile north of the Palm Valley Bridge.

44-year old Jacqueline Allen was steering the Crownline, though she was not the owner. She died in the crash.

It’s been estimated she was driving the boat about 30 to 35 mph when the boat hit a tugboat tied up on one of the docks that extend into the Intracoastal in this eight-mile stretch along Palm Valley known as "the ditch" to boaters. That's because the navigable waters are shallow and narrow.

Allen and her friend, 42-year-old Immaculada Pierce were invited to join the group at the Conch House Marine in St. Augustine. Pierce was also killed.

An attorney for some of the injured says that people sitting on the bow of the boat obscured the view of the driver and that's what led to the crash.

Another theory is emerging, and it's a danger that has been long known in this stretch of north Florida waterway.

David Roach, who is the executive director of the Florida Inland Navigation District, has been speaking out for awhile about some of the private docks sticking into the Intracoastal Waterway. Roach tells the Florida Times Union, “I think that’s what you saw here, [the dock] was so close to the channel it didn’t give this person any degree of error. Once she strayed out of the channel she was in trouble.”

Some of the docks are built 36 feet from the edge of the navigation channel, which in itself is only 125 feet wide. With docks on both side of the channel that does not leave much room to maneuver.

This investigation promises to take some time as the nine injured survivors are interviewed, and the engine block is examined closely as well as the throttle and damage to both boats.

An investigation will include whether the docks need to be modified to make this area safer. As one observer said, as it stands now, this was an accident waiting to happen. About the best thing that can happen to honor those who died, is to make this a safer situation for everyone who uses this waterway so we never see a repeat of this senseless loss of life. #

Originally posted at InjuryBoard by Eddie Farah