Personal Injury and Medical Malpractice Blog

The Florida Supreme Court threw out an arbitration agreement in the case of Hernandez v. Crespo, Case Number SC15-67 (December 22, 2016) because it violated public policy.  Thereafter, the doctor and her medical group requested that the Court reconsider their decision. What...

Seven people were injured in an accident between a pickup truck and a Winter Haven city bus (“Citrus Connection”) near the intersection of US17 and CR540 in Eagle Lake, Florida on January 11, 2017.  The accident happened at approximately 9:00 a.m. when the pickup...

Glenn Gillenwater was a pedestrian on the sidewalk on the west side of Harden Boulevard in Lakeland, Florida when he was struck by a pickup truck that had swerved and lost control.  Gillenwater was 63 years old.  The accident happened at approximately 2:45 p.m. when Michael...

A large metal bar protruding from the back of a truck put the driver of the vehicle behind it in critical condition in an accident on January 11, 2017 in Altamonte Springs, Florida.  The accident occurred on westbound side of I-4 before 7:00 a.m. when a truck with the object...

Joseph P. Riley died after being getting out of his car after an accident and then being struck by another vehicle traveling on I-4 in Polk County, Florida on January 8, 2017.  This incident began with an accident between two women resulting in one woman’s vehicle stopped...

A report released on December 31, 2016 by the Florida DHSMV shows an increase in car accidents at intersection with red light cameras across Florida.  The City of Lakeland has 6 red lights cameras installed at various intersections.  Statewide, between July 2012 and April...

The innocent driver in a DUI accident on SR 60 at Falkenburg Road on January 4, 2017 died as a result of injuries sustained in the accident.  This accident happened when Johnathan Honza was headed westbound on SR60 and ran a red light.  The accident happened at...

A car accident at the intersection of US Highway 17 and Bomber Road in Bartow, Florida resulted in a head trauma to a 4-year-old child on January 4, 2017.  The accident happened when Victoria Pedroza attempted to make a left hand turn from US17 onto Bomber Road.  She was...

A semi-truck carrying metal for recycling was involved in an accident on I-75 in Hillsborough County near Fowler Avenue on January 4, 2017.  The truck was traveling on I-75 when the driver lost control and fell off the bridge onto Fowler Avenue.  The truck was carrying...

Four vehicles, including two semi-trucks, were involved in an accident on SR that resulted in a leaking hazardous materials container on January 3, 2017.  The accident happened at approximately 4:10 p.m. between two semi-trucks, a pickup, and an SUV.  The accident scene was located...

Six-year-old, Camari Dennison, was on a bicycle and died as a result of an accident on New Year’s Day 2017 on 10th Street in Apopka, Florida.  The accident happened at approximately 3:30 p.m. when Soraya Youngblood struck Camari on his bicycle after he rode from a driveway...

BayCare Hospital systems recently implemented a system it calls eCare, which is supposed to remotely monitor ICU patients from a central location.  BayCare claims that the system will improve patient safety by allowing an “extra set of eyes and ears” to monitor...

An unidentified or “phantom” driver is reported to have caused April Gallon to take an evasive maneuver resulting in an accident that killed both of her daughters, aged 10 and 12, on December 28, 2016.  Kayla Johnson (age 10) and Jasmin Johnson (age 12) died of...

State Representative, Carlos Guillermo Smith (Democrat), from House District 49 in Orange County has proposed a bill that seeks to make texting and driving a primary offense as opposed to a secondary offense.  Representative Smith is new to his office and appears to be seeking to...

A three-year-old boy was bitten on his head and neck on December 21, 2016 in Groveland, Florida.  The incident happened when a pit bull belonging to the boy’s neighbor attacked the boy and his mother as they were walking into their neighbor’s backyard to see another...

The case of Wal-Mart Stores, Inc. v. Sandy Wittke, 2D15-4099 (Fla. 2d DCA, October 21, 2016) held that a violation of Walmart’s own safety procedures does not create a per se legal duty.  Instead, a violation of internal safety rules can be evidence of negligence if the...

The United States Consumer Product Safety Commission (CPSC) announced on December 20, 2016 that Aria Child, a manufacturer of strollers for children, must recall its Qbit lightweight stroller.  A gap in the hinges of the stroller poses an unreasonable risk of a pinch injury...

One driver is dead after a major accident was caused by a drunk driver at Waters Avenue and Dale Mabry Highway on December 21, 2016.  The accident happened at approximately 5:15 a.m.  The Waters Avenue intersection is a major intersection controlled by a traffic light and...

A four-year-old boy, Michael Roth, was bitten on the face by a dog in Winter Haven, Florida on December 21, 2016 at approximately 12:30 p.m.  The bite resulted in significant facial injuries as the child went to pick up an ornament for a Christmas tree.  Apparently the dog...

77-year-old Ruth Windham’s 2008 Buick SUV went over a guardrail on the Polk Parkway after an accident near the Cleveland Heights Boulevard bridge.  News reports indicate that she made an improper lane change striking the right front of a 2014 Nissan SUV driven by Melissa...