Category: <span>WRONGFUL DEATH</span>

In early June, three people were killed and 12 others were injured on Interstate 95 in Volusia County when the driver of a 15-passenger van lost control and left the roadway. 57-year-old Vilbrun Bertrand of West Palm Beach was driving a group of Haitian migrant farm workers to New Jersey for the blueberry harvesting season when one of the van’s tires separated north of Ormond Beach. According to Sgt. Kim Montes of the Florida Highway Patrol, the van rolled repeatedly and several passengers were thrown from the vehicle.

Three passengers who were not wearing seat belts, Benitoh Delice, Sonja Maubrun, and Berteau Nazaire, died at the scene of the crash. Two other passengers were taken to Halifax Health Medical Center in critical condition. Nine additional passengers were taken to four different Central Florida hospitals for their injuries. Bertrand, who was wearing a seat belt at the time of the crash, was treated for only minor injuries.

Sgt. Montes stated there was visible damage to the van’s tire and the vehicle itself was significantly damaged in the accident. Although alcohol is not a suspected factor in the crash, the Central Florida automobile accident is currently under investigation. According to Sgt. Montes, a language barrier made the accident investigation difficult. State Troopers reportedly required the assistance of translators to interview the injured passengers at each of the four area hospitals.

Unfortunately, the van crash was the second fatal accident on Interstate 95 in Volusia County in a single weekend. On the previous day, a 40-year-old Titusville man was killed when his stranded vehicle was run over in the shoulder of the roadway by an 18-wheeler tanker carrying liquid nitrogen.

Automobile accidents cause a large percentage of the Florida wrongful death and personal injury claims filed every year. Tourists, students, and commuters risk being hurt in a car accident every day on Florida roadways. Some common causes of motor vehicle crashes include speeding, driver impairment, poor road conditions, driver inattention, and automobile defects. In Florida, those hurt in an automobile collision are eligible to receive compensation from a driver’s mandatory Personal Injury Protection (PIP) insurance to cover the first $10,000.00 in medical treatment. Oftentimes, however, PIP insurance is not sufficient to cover the immediate medical costs associated with recovering from a catastrophic injury as well as the costs of future medical treatment and a lifetime of pain and suffering. It is a good idea to contact a qualified Florida car crash attorney to discuss your options for recovery following any injury accident.
Read more “Three Killed, 12 Hurt in Volusia County Rollover Accident”

On Friday, a South Florida jury convicted polo magnate John Goodman of vehicular homicide and DUI-manslaughter in connection with a fatal February 2010 automobile accident that killed 23-year-old Scott Wilson. The six member jury deliberated for less than six hours before handing down a guilty verdict. Following the jury’s decision, 48-year-old Goodman was immediately taken into custody and now faces up to 30 years in prison. Although he plans to appeal the conviction, Goodman will likely remain in custody until he is sentenced on April 30th.

The high profile case made international headlines after Goodman, heir to a $1.4 billion fortune, adopted his 42-year-old girlfriend, Heather Hutchins. At trial, Goodman was accused of driving his Bentley while impaired, speeding, running a stop sign, crashing into Wilson’s vehicle, and leaving the scene of the accident despite that Wilson’s vehicle was upside down in a canal. Goodman also allegedly called his girlfriend following the accident and reportedly waited more than one hour before calling authorities. Wilson drowned as a result of the Wellington car accident.

Goodman testified at trial that he suffered a concussion in the crash and did not see Wilson’s vehicle in the canal. He also testified he tried to stop, but his Bentley instead surged forward out of control. The defense provided expert testimony that the throttle on Goodman’s car was somehow stuck open immediately prior to the collision. According to jurors, the expert’s testimony was not convincing.

When authorities tested Goodman’s blood alcohol level, it measured .177 percent, more than twice the State of Florida’s legal limit. Goodman’s defense team claimed although he drank over the course of the evening, he was not driving while impaired. According to Goodman, he instead drank most of the alcohol in his system following the crash at a nearby barn owned by a fellow polo player. Part of Goodman’s defense was that he drank in a so-called “man cave” in his friend’s barn in an effort to alleviate the pain of a broken wrist. Still, it reportedly did not sit well with jurors when Goodman admitted to running the stop sign and having a few drinks prior to getting behind the wheel.

In addition to the criminal trial, Goodman is also facing a $100 million wrongful death civil lawsuit brought by Wilson’s parents in connection with the accident.
Read more “Palm Beach County Polo Magnate Convicted of DUI-Manslaughter and Vehicular Homicide”

A mother and her adult daughter were killed and five other people were injured in a two car accident west of Boca Raton Friday night. According to the Palm Beach County Sheriff’s Office, 85-year-old Angelina Ferrarella and 54-year-old Donna D’Angelo died after the car Ferrarella was driving was broadsided in an intersection by a 2003 BMW that allegedly ran a red light. Ferrarella’s husband, son-in-law, and grandson were also seriously injured in the crash. At the time of the accident, Ferrarella and her family were about one block away from their destination.

The driver of the BMW, 19-year-old Joanne Luu, and her passenger suffered only minor injuries. Although a toxicology report is currently pending, police believe alcohol or drugs may have been a factor in the crash. Police stated Luu’s passenger was also believed to be under the influence at the time of the accident. No arrests were made in connection with the accident.

Since the accident, Luu took to posting photos of her injuries and her own account of the accident on social media website Twitter. According to Luu, Ferrarella ran a red light and broadsided her vehicle. Twitter has since deactivated Luu’s account.

Drugs and alcohol can have a dramatic effect on a driver’s perception, judgment, and reaction time. A drunk or impaired driver is not only a hazard themselves, but also a danger to everyone they encounter on the road. Drunk or impaired driving is one of the leading causes of deadly automobile accidents in the nation. You and those you love are put at risk each time someone chooses to drive under the influence of drugs or alcohol. If you or a loved one was hurt by an intoxicated or impaired driver, you may be entitled to compensation for medical bills, disability, pain, suffering, lost wages, and other damages. By filing a personal injury or wrongful death claim against the driver who hurt you or your family, you have the opportunity to send a message to other drivers that operating a motor vehicle while intoxicated or on drugs is not acceptable behavior.
Read more “Two Killed, Five Injured in Automobile Collision Near Boca Raton”

On February 11, 2010, 23-year-old Scott Wilson drowned in his car when it flipped and landed upside down in a Wellington canal after an early morning auto accident. The other driver, polo mogul John Goodman, is accused of driving while drunk and impaired, speeding, running a stop sign, colliding with Wilson’s vehicle, leaving the scene of the accident, and waiting about an hour before calling 911. Goodman also allegedly called his girlfriend prior to alerting authorities to the accident.

A criminal trial against Goodman is scheduled to begin in South Florida on March 6th. He is charged with D.U.I. manslaughter and motor vehicular homicide. According to Goodman, now 48, his cell phone was not working at the time of the accident and he left the scene to get help. After the accident, Goodman’s blood alcohol content was purportedly more than twice Florida’s legal limit of .08 percent.

Wilson’s parents have also filed a $100 million wrongful death lawsuit against Goodman. The lawsuit, also scheduled to begin in March, made international headlines after Goodman adopted his 42-year-old girlfriend, Heather Hutchins. Although attorneys for Goodman’s minor biological children have asked a Miami-Dade judge to toss out the adoption, it makes Hutchins the current beneficiary of a $300 million trust established for his children.

Palm Beach County Circuit Judge Glenn Kelley is presiding over the Wilsons’ civil case. He has expressed disbelief over the adoption and called it a “legal twilight zone.” In September, Judge Kelley refused to allow the Wilsons to introduce evidence in the civil case regarding the contents of the trust because Goodman’s children, not Goodman, were the beneficiaries. On January 26th, Judge Kelley reversed his decision and stated information about the trust may now be presented to jurors.

Goodman is an heir to a $1.4 billion fortune. According to Goodman’s civil attorney, the adoption was merely an estate planning tool designed to protect the contents of the trust. Litigation concerning the adoption is currently taking place in Florida, Texas, and Delaware.

Losing someone you love is always devastating, but it can be especially difficult when your loved one died as a result of a preventable accident. Unfortunately, tragic deaths such as this are increasingly common. A wrongful death claim can provide compensation to close relatives of someone killed due to another person’s carelessness, negligence or wrongful act. Your ability to file a wrongful death case will depend on your relationship to the deceased person. In Florida, a family member has up to two years to file a claim for wrongful death. Because of the limited time period in which to file your case, it is important to speak with a qualified wrongful death lawyer as soon as possible after a fatal accident.
Read more “Civil and Criminal Trials Against Polo Magnate Who Adopted 42-year-old Girlfriend Begin Soon”