Personal Injury and Medical Malpractice Blog

NHTSA issued an amended order on December 9, 2016 requiring Takata to perform defective airbag recall repairs faster.   The order affects 19 vehicle manufacturers and requires the first available replacement parts to go to the riskiest vehicles.  At present, it is estimated...

The US Consumer Product Safety Commission (CPSC) posted a recall notice on December 7, 2016 for stainless steel playground slides that were manufactured and distributed by Playworld Systems, Inc. of Lewisburg, PA (Horizon Industries of Columbia, PA).  The dangerous playground...

In the case of Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016), medical malpractice damage caps in Florida were struck down as unconstitutional.  The Second DCA joins the Fourth DCA in holding the same (See North Broward Hospital v....

Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016) decided an important legal issue in Florida torts that has been lingering since 2005.  In the good old days of litigation, the concept of joint and several liability was alive and...

A school bus accident in downtown Auburndale, Florida on December 6, 2016 resulted in injuries to three students.  The school bus struck a Ford Explorer owned by Steven Fifer.  The SUV was legally parked alongside the road when the bus suddenly changed direction from...

James Simmons died after being struck by a semi-truck on SR674 just east of Owens Road on December 5, 2016 at approximately 3:00 p.m.  The accident happened in the afternoon when Tommy Mars was headed westbound on SR674.  Mars was driving the semi-truck and struck Simmons,...

James Redner-Gilmartin died as a result of a motorcycle accident near the intersection of 66th Street and 30th Avenue North in St. Petersburg, Florida on December 5, 2016.  The accident happened when an SUV driven by Patricia Stevenson failed to see Redner’s motorcycle and...

Three serious injuries resulted from an accident where an RV ran a stop sign on US17 in Lake Wales, Florida on December 4, 2016.  James Titsworth was driving a 2005 Gulfstream RV westbound on Mammoth Grove Road when he ran a stop sign and entered US17 improperly.  Anthony...

Ford issued a safety recall of Ford Fusion and Lincoln MKZ because a seat belt anchor pretensioner cable can separate and will not adequately restrain a person in a crash.  Over 650,000 2013-2016 Ford Fusions and Lincoln MKZ’s have front seat belt anchor pretensioners that...

A Nissan Altima crossed over the center line and struck a Wal-Mart semi-truck on the Poinciana Parkway in Davenport, Florida.  The accident happened at approximately 5:30 a.m. as Donald Watson was driving a semi-truck westbound on Kinney Harmon Road (Poinciana Parkway) when...

A bicyclist was hit and killed at approximately 3:22 a.m. on November 27, 2016 at the intersection of Hillsborough Avenue and Himes Avenue in Tampa, Florida.  The bicyclist was in the crosswalk at the time of the accident according to Tampa Police.  After the accident, the...

Two deaths were reported following a major accident at the intersection of US17 and Ernest M. Smith Blvd. in Bartow, Florida.  The accident happened at approximately 9:25 a.m. on November 26, 2016 when a four door Cadillac sedan going northbound on US17 attempted to make a left...

Kyle Bradley Conord Roberts (31 years old) died as a result of a motorcycle accident in front of Dunkin Donuts on South Florida Avenue in Lakeland, Florida.  The accident happened at approximately 9:05 p.m. on November 24, 2016 (Thanksgiving) when Sarah Parades was making a...

The National Highway Transportation Safety Administration (NHTSA) announced on November 2, 2016 that 74,027 vehicles manufactured by Volvo are recalled due to a faulty seat belt that might loosen during a crash.  In particular, the front passenger seat belt affixed by a stud may...

Steven Neill died as a result of a motorcycle accident in Lake Wales.  He was turning into the Polk County Health Department when he was struck by a vehicle driven by Andrew Palmer.  At the time of the collision, Palmer was making a left hand turn from the westbound lane....

In the case of Godwin v. University of South Florida Board of Trustees, et. al., 2016 Fla. App. LEXIS 12729; 41 Fla. L. Weekly D 1949 (Fla. 2d DCA 2016), the plaintiff alleged the wrongful death of his wife was due to medical malpractice at Tampa General Hospital following a severe...

Kristen Pierre, 22-years-old, died as a result of an accident with an RV at the intersection of CR557 in Lake Alfred, Florida.  The accident happened as Richard Cummings was driving his 1988 Cobra recreational vehicle with a trailer going northbound on CR557 when he attempted...

An ATV accident occurred in north Lakeland resulting in the death of a 5-year-old child.  Joshua Heard was operating an all-terrain-vehicle near 3705 West Socrum Loop Road when the passenger side tie rod end broke.  The accident that followed caused the vehicle to roll over...

North Broward Hospital District, et al. v. Susan Kalitan, SC15-1858. The Florida Supreme Court heard oral arguments in a 2007 medical malpractice case involving a dental assistant who went to the hospital for carpal tunnel surgery. The patient, Susan Kalitan, ended up with a...

On a five star system, Medicare has a ranking system to rank hospitals in the United States. In Florida, there were no 5-star hospitals and only two 4-star hospitals. None of these hospitals were located in Polk County, Florida. Polk County’s most significant hospitals are...