| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, Uncategorized

Weston Boy on Bicycle Strcuk by Automobile

A 10-year old boy was struck by a van on Tuesday, October 20, in Weston, according to the Broward Sheriff’s Office. The Sun Sentinel reported that the boy was riding his bicycle when a van hit him on the 4400 block of Foxtail Lane.

Apparently, the bicycle accident occurred when the boy was crossing the street when he rode into the path of the van. He was taken to Joe DiMaggio Children’s Hospital in South Florida, where he was treated for non-life threatening head injuries. It is important to note that the victim was not wearing a helmet.

We’ve noted in several previous postings that riding a bicycle can be a very dangerous activity in South Florida and that drivers need to be more cautious to avoid accidents with bicyclists. However, the wearing of a helmet is a basic safety measure that should never be overlooked, especially in the case of children. According to the Bicycle Helmet Safety Institute, riders who don’t wear helmets are 14 times more likely to be involved in a fatal crash then those who wear helmets, and head injuries account for over 60 percent of bicycle-related deaths. Anywhere from 45 to 88 percent of a bicyclist’s brain injuries can be prevented by wearing a helmet.

Parents need to be especially careful when their children go riding and insist that their children always wear a helmet. Another safety precaution that would help to decrease the number of bicyclists injured would be to avoid areas of heavy traffic to minimize the risk of injury.

Our firm specializes in and has been handling accident cases for over 19 years, Therefore, if you or your loved one have been injured in an accident, please contact our office. We are here to answer any of your your questions and concerns.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, Uncategorized

Concern Grows as South Florida Bicyclist Struck by Automobile Dies

On Saturday, October 17, a bicyclist was struck from behind by a pickup truck in Boca Raton near Palmetto Park Road and Shorewind Drive. Police identified the bicyclist as Elizabeth Victoria Stewart of Tamarac, Florida, according to the Sun Sentinel. She was pronounced dead at Delray Medical Center.

This tragedy adds to the growing list of bicycle injuries and fatalities from auto accidents, and to the concern many South Florida residents have about the general safety of bicyclists. The Sun Sentinel noted numerous bicycle fatalities like this which have occurred in Palm Beach County this year, including: a Pompano Beach man killed in a hit-and-run crash in September, a 17-year-old hit during rush hour in Boynton Beach in March, and a 12-year-old hit by an SUV in West Palm Beach in April.

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Eight cyclists were killed in Palm Beach County last year, and 333 were injured, while 336 were injured in 2007. Palm Beach County has a higher fatality rate than Miami-Dade and Broward, according to the Sun Sentinel.

Bicycle advocates are very concerned and calling for more safety programs to prevent injuries and fatalities. Based on the statistics, it seems that bicycle safety is a legitimate concern and more needs to be done to ensure the rights and the safety of our citizens.

| lazaruslaw-2 | 0 Comments | NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Wrongful Death Suit Filed by Sister of Everglades Crash Victim

Last month, our posting “Plane Crash in South Florida Everglades Claims Family” described the tragic story of a South Florida family and their friend who died when their plane crashed in the Everglades. On Friday, October 16, the Sun Sentinel reported that Nanci Hirschorn is bringing a wrongful death suit against the Fort Lauderdale aviation company who serviced the plane.

Earlier in October, the Miami Herald reported that the pilot and owner of the Piper aircraft, Bruce Barber, radioed that the engine had caught fire and that there was smoke in the cockpit. Barber declined advice of air traffic control who told Barber to land in Pahokee, as the smoke was apparently dissipating. However, Barber later radioed that the plane was on fire, and disappeared from radar at about 3,000 feet.

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Hirschorn, sister of one of the passengers of the plane, Phillip Marsh, has filed suit against Schmidt Aviation Inc., claiming that the company failed to maintain a cracked valve, which caused the engine to catch fire. The valve cracked previously on three occasions.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, DEFECTIVE PRODUCTS, Uncategorized

Ford Defective Switch Recall To Add Over 4 Million Vehicles

Last week, Ford Motor Company announced its biggest recall in historry due to a product defect which covered about 14.3 million vehicles. The Sun Sentinel has reported that Ford will add 4.5 million more vehicles to the list.

The recall came when Ford found a defect in the cruise control deactivation switch, manufactured by Texas instruments . According to the National Highway Traffic Safety Administration, the switch can leak hydraulic fluid and can overheat, creating the risk of fire even if the ignition is turned off or the car is parked.

 
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Ford anticipates recalling about 1.1 million of its Windstar minivans from 1992-2003, according to CNN. The other 3.4 million vehicles from the Ford, Lincoln, and Mercury lines with the same switches will be recalled due to a risk of fire.

CNN also reported that the following models as those included in the added list of vehicles: 1995-2003 Windstars, 2000-2003 Excursion diesels, 1993-1997 and 1999-2003 F-Super Duty diesels, 1992-2003 Econolines, 1995-2002 Explorers and Mercury Mountaineers, 1995-1997 and 2001-2003 Rangers and 1994 F35 motorhomes.

Ford will being notifying owners by the end of the month about the recall, and also warns that drivers who own Windstar minivans from the years 1992-2003 should park their vehicles outdoors.
Read more “Ford Defective Switch Recall To Add Over 4 Million Vehicles”

| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

South Florida Woman Dies After Receiving Liposuction at Weston Spa

Broward Medical Examiners confirmed that on Friday, October 13, Rohie Kah-Orukotan, a nurse and mother of three, died after spending two weeks in a coma after receiving liposuction at a spa in Weston, Florida.

According to the Sun Sentinel, the Miramar woman was pronounced brain-dead at some point after having a liposuction procedure on September 25 at Weston Medspa by Dr. Omar J. Brito-Marin. So far, the Florida Department of Health and the Broward Sheriff’s Office have not released the results of their investigation. The toxicology reports are also still pending, according to investigators.

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While the spa does not have a license to perform a full liposuction, they may perform a scaled down version of the procedure. Dr. Brito-Marin’s attorney stated that although the doctor was not aware of licensing issues, he only performed basic liposuction and followed all requirements under appropriate standard of care for this type of office surgery.

Our previous posting “Parents Sue for Wrongful Death of Teen While under General Anesthesia” discussed the risks involved with undergoing elective surgery. We noted how one study showed that almost one fourth percent of office-based surgeries result in death. According to a National Practitioner Data Bank Report in 2006, 73.3 percent of the NPDB reports concerned medical malpractice payments, with physicians being responsible for 235,942 of the reports, well above dentists and other types of practitioners.

The facts of this instance have yet to be determined, as officials are awaiting toxicology results and continue their investigation. However, cases such as these have become more prevalet due to the types of elective procedures now being conducted on an outpatient basis. It is up to the patient to investigate all of the qualifications of their physicians and of the facilities to ensure that they are properly licensed and qualified to perform these elective procedures.

| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, NEGLIGENCE, Uncategorized

$1.5 million Awarded in Lawsuit Against South Florida Contractor

A Palm Beach County parks worker was awarded $1.5 million from Master Contractors after an incident six years ago when a picnic pavilion roof fell on her. Mary Washington of Delray Beach was cleaning the pavilion at Caloosa Park in Boynton Beach when the ceiling collapsed, causing the worker injuries to her back, rendering her unable to continue as a maintenance worker.

According to the Palm Beach Post, testimony revealed that the pavilion was not properly inspected because the contractor did not get all of the required permits. The trial lasted about two weeks and the jury took about an hour and a half to render a verdict for Washington. She was awarded for lost wages and medical expenses, as well as $250,000 for pain and suffering.

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The jury also determined that the county was 20 percent at fault for the incident. However, the county will not have to pay damages to Washington since they were not named in the lawsuit.

Incidents such as these are quite disturbing, considering that so many children visit these parks every year. Palm Beach County has over 50 parks. According to Safe Kids USA, three out of four playground accidents occur in public parks, with 150,000 children visiting the emergency room every year for injuries involving playground equipment. With these dangers already in mind, visitors should not have to worry about structural failures in the parks as well. Our counties and the companies which they hire to construct or oversee our parks must do so in a responsible manner, following all safety laws and regulations.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Auto Accident on Expressway Kills Two in South Florida

On Friday, October 9, two men were killed in a car accident on the Palmetto Expressway near NW 122nd street in Hialeah, Florida. According to the Miami Herald, the auto accident occurred at about 4 a.m., pinning one man under a boat and leaving another driver dead. Heavy traffic problems resulted.

According to the Florida Highway Patrol, a Ford pick- up truck, towing a boat, pulled over on the shoulder and a red vehicle pulled off in front to help. While the men were underneath the boat, a Chevy Malibu went out of control and hit the boat, which fell on the men, killing one. Apparently, the second man ran in the red vehicle was frightened and drove off.

The driver of the Malibu was also killed, while the passenger in the Malibu was taken to Jackson Memorial Hospital in Miami. Police are still investigating, and FHP has determined that the boat and the truck were stolen. The police also found a bag of marijuana near the Chevy and three bags of a substance which they are testing for cocaine.

Our blog posting entitled “Florida Auto Safety: Move Over Law Saves Lives” discussed laws and safety tips which drivers should follow to avoid tragedies such as this one. While one can’t control an out of control vehicle or other outside factors, drivers should always remember to move far over to the side of the road when checking for damage to your car or any cargo you may be towing, and to be mindful of other drivers while parked on the shoulder.

| Gary T. Lazarus | 0 Comments | CELL PHONE USE, Uncategorized

South Florida City Bans Texting While Driving

It’s official: the city of Parkland in Broward County, Florida, has made it illegal to text while driving within city limits. According to the Sun Sentinel, on Wednesday, the City Commission voted unanimously to ban texting, citing a Virginia Tech Transportation Institute study.

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The study showed that drivers who text are 23 times likely to be involved in an auto accident. The study also showed that drivers who dial their cell phone are 2.8 times as likely to have an accident or near crash event as a non-distracted driver.

This is a landmark decision, as Parkland is now the first city in Broward County to ban text messaging. The penalty for violating the ban? A $100 fine. Of course, on-duty police and fire rescue officials will be exempt from the ban.

In our previous blog “Does Cell Phone Use Cause Florida Car Accidents,” we discussed cell phone use in Florida and the different opinions which South Florida drivers may have on the issue. Some are very apt to the idea of laws which ban usage, while others disagree with laws which dictate how citizens should drive. However, as we noted in our blog, the availability of more studies and research conducted every year is pushing Florida legislators and individual municipalities to enact bans on cell phone use as in Parkland.

Currently, the city of Parkland is still awaiting word from the Attorney General’s office on the legality of this ban. However, police will be issuing warnings.

In any case, the fact remains that despite our dependence and overall acceptance on cell phone usage while driving, the numbers don’t lie. The use of cell phones while driving is a major concern for driver safety, and we suspect that the passage of no-texting laws in Parkland may only be the first of many attempts in the future in cities throughout South Florida.

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Florida-based Cruise Ships Collide in Mexico

It was reported by the Miami Herald that two cruise ships collided on Wednesday, September 30, while docked in Cozumel, Mexico. The cruise ship accident occurred when very strong winds blew the Carnival Legend into Royal Caribbean’s Enchantment of the Seas at about 6:15 p.m. Central time.

Thankfully, both ships suffered minor damage and so far neither ship has received reports of injuries from the combined total of over 4,000 passengers. Besides the fact that many cruise lines such as Carnival and Royal Caribbean are based in South Florida, injuries on cruise ships are a major concern. As we noted on a previous blog entitled Cruise Ship Passenger Rescued off the Coast of South Florida, statistics showed that 11 million Americans took cruises last year, and that Carnival has had 38 passengers go overboard since 2000.

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Of course, passengers must also be responsible, as the Bureau of Transportation Statistics notes that there were 51 alcohol-related recreational boating accidents in Florida in 2000.

According to USA Today, spokespersons for both ships stated that the Carnival Legend sustained broken glass and some damage to the open deck, while the Enchantment of the Seas had minor damage to the stern and railings of the ship. Cleared by Mexican authorities, both ships continued their itineraries to Belize. Currently, the Carnival Legend is embarking on a seven-night Caribbean cruise out of Tampa, while the Enchantment of the Seas is on a five-night Caribbean cruise out of Fort Lauderdale.

| Gary T. Lazarus | 0 Comments | MOTORCYCLE ACCIDENTS, Uncategorized

Serious Injury in Motorcycle Accident on South Florida Raceway

A 32-year-old man was injured in a motorcycle accident on Sunday, October 4 at the Palm Beach International Raceway.

According to the Sun Sentinel, the man crashed on the race track, which is located west of Jupiter, Florida, around 2:45 p.m. and was airlifted to St. Mary’s Medical Center in West Palm Beach.

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The man was turning when he lost control and hit a wall. He is currently in critical condition. The track was hosting a raceway on Sunday called the Champion Cup Series.

Recently, the Palm Beach Raceway, over 2 miles long with 11 turns, was the site of another serious accident. In May, a 9-yearl-old boy was racing a go-kart when he was critically injured, suffering burns to his torso and arms. The U.S. Consumer Product Safety Commission is currently investigating that incident.

Palm Beach County had 34 motorcycle fatalities last year, according to 2008 Florida Crash Statistics. Broward County had 37 fatalities, while Miami-Dade had 44, with a total of 9,618 motorcycle crashes in Florida. It has been our firm’s experience that some of the most serious injuries sustained by victims of accidents are resulting from either the drivers or passengers of motorcylcles. Therefore, whether in competition or just leisurely riding the streets of South Florida, motorcyclists should always take appropriate safety measures to minimize the risk of serious injury..