Florida

June 14, 2018

Ocala Police Chief Violated First Amendment with Anti-crime Prayer Vigil

by Whittel & Melton, LLC

The U.S. District Court for the Middle District of Florida, Ocala Division, recently found that the city of Ocala and Police Chief Kenneth Gregory Graham violated the First Amendment by sponsoring or endorsing a prayer vigil.

U.S. District Judge Timothy J. Corrigan wrote the May 24 order granting summary judgment to a group of atheists who claimed Graham and the city of Ocala violated the First Amendment’s Establishment Clause.

The plaintiffs alleged in their complaint that a prayer vigil in 2014 held in the wake of a crime spree that left several children injured violated the Establishment Clause that prohibits government actions that unduly favor one religion over another.

The plaintiffs claimed they wanted to be a part of the community effort to help stop crime but felt unwelcome or uncomfortable because of the religious nature of the event they likened to a “Christian tent revival.” The plaintiffs claim that during the vigil, several people led prayers or sang, but no one mentioned any efforts to stop the crime spree.

The order granted summary judgment to the plaintiffs in their claims against Chief Graham and the city and granted summary judgment to Mayor Guinn. The plaintiffs were denied punitive damages and awarded nominal damages from the chief and the city, as well as attorney’s fees and costs to be heard by a magistrate judge.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const. amend. I.

June 8, 2018

Fort Lauderdale Man Killed in Motorcycle Crash on Turnpike

by Whittel & Melton, LLC

Investigators are still trying to figure out what caused a crash that killed a motorcycle rider on Florida’s Turnpike Sunday afternoon.

Troopers were notified of the crash around 4pm that happened on the turnpike southbound exit ramp to Sunrise Boulevard.

Arriving troopers found a 2007 Harley Davidson in a retention pond on the southwest shoulder of the ramp.

The 64-year-old motorcycle rider was pronounced dead at the scene.

No other information regarding the crash is available.

Motorcycle accidents usually result in very serious personal injuries or wrongful death. After a motorcycle accident, it is extremely important to be aware of your rights to recover for injuries or wrongful death including, but not limited to, past and future medical bills, loss of wages, hospital expenses, pain and suffering, disfigurement, funeral costs and other damages.

June 6, 2018

Box Truck Accident Kills One, Injures Another in Deerfield Beach

by Whittel & Melton, LLC

A box truck’s tire came loose Tuesday evening and struck an SUV along Interstate 95 in Oakland Park, killing the SUV driver and injuring a passenger.

According to the Florida Highway Patrol, the box truck was heading south along the highway when it lost its left front tire near Commercial Boulevard, just before 6:15 p.m.

Officials believe the tire bounced over the concrete barrier wall and onto the northbound lanes, smashing into the roof of a 2013 Ford Echo.

The 25-year-old driver of the SUV was pronounced dead at the scene. Paramedics transported the female passenger to Holy Cross Hospital in Fort Lauderdale with injuries that were not classified as life-threatening.

Troopers are still investigating the cause of the accident. It remains unknown if any charges will be filed.

When a blowout occurs on the tire of a big rig, semi, 18-wheeler or other large, heavy truck, the aftermath is very different than that of a tire blowout in a smaller passenger vehicle. The resulting accident and injuries can be catastrophic or even fatal, as the above accident shows.

When accidents are caused by tires, our Florida Truck Accident Injury Lawyers at Whittel & Melton work diligently to determine who the liable parties are and hold them responsible for compensating accident victims or families of those killed in these tragic accidents. We collaborate with scientific experts and accident reconstruction specialists to figure out if the accident was caused by a manufacturing defect, by trucking company or employee negligence, or by other conditions.

A tire can be defective for a variety of different reasons, including failure to stand up to heat generated during driving or poor traction due to poor design or a problem in the manufacturing process. The most common tire defect that causes most 18-wheeler accident is poor treadwear and tread separation.

June 4, 2018

Clergy Sex Abuse Survivors Awarded $210 Million from Catholic Minneapolis Archdiocese

by Whittel & Melton, LLC

The Archdiocese of St. Paul and Minneapolis has reached a $210 million settlement to be shared amongst 450 survivors of clergy sexual abuse as part of its bankruptcy reorganization, according to reports.

The archdiocese filed for bankruptcy in 2015, two years after the Minnesota Legislature opened a three-year window that allowed people who said they had been sexually abused in the past to sue for damages, according to The Associated Press. This netted hundreds of claims filed against the archdiocese.

A formal reorganization plan will now be submitted to a bankruptcy judge for approval, and then it will be sent to the survivors for a vote.

The money will go into a trust fund to pay survivors, with the amount for each person to be determined.

Because of the lawsuit, 91 clerical offenders in the archdiocese have been exposed and listed as credibly accused offenders.

This is the second largest settlement involving the Catholic church in the United States, after a $660 million settlement reached in 2007 by the Archdiocese of Los Angeles and 508 people who said they had been abused, according to reports.

There are many different types of abuse that may have been committed by clergy against victims. Clergy misconduct and sexual abuse can include the following:

Child molestation
Child pornography
Indecent exposure
Lewd or lascivious acts
Statutory rape
Sexual assault
Touching with or without clothing
Unconsented touching

When a civil lawsuit is filed against a church, the punishment is not jail time, rather it is about recovering monetary damages. Damages can include economic damages, non-economic damages, and possibly punitive damages. Economic damages are those distinguishable as medical bills and lost income. Non-economic damages are what is commonly referred to as “pain and suffering” damages. Many judges and juries award significant sums to survivors of sexual abuse for enduring such pain and suffering on a daily basis.

May 29, 2018

One Dead, 3 Injured in ATV Crash in Osceola County

by Whittel & Melton, LLC

One person was killed and three others injured after an ATV hit a tree at a park in southern Osceola County, according to Florida Highway Patrol troopers.

The accident happened around 9 p.m. in the Three Lakes Wildlife Management area in Kenansville.

Paramedics pronounced a 45-year-old Haines City man dead at the scene and transported two people to St. Cloud Regional Medical Center and another to Osceola Regional Medical Center.

A 40-year-old woman of St. Cloud sustained serious injuries and was transported to Osceola Regional Medical Center.

A 54-year-old woman and a 7-year-old boy, both of Bartow, were taken to St. Cloud Hospital with minor injuries.

It’s unclear who was driving, according to reports.

ATVs provide a great amount of fun for friends and family, but drivers and passengers can get seriously injured, and even killed, due to circumstances beyond their control. If you have been injured in an accident involving an ATV in Orlando, Kissimmee, St. Cloud, Sanford or the surrounding areas, our Osceola County ATV Injury Lawyers at Whittel & Melton can help you understand your rights. You may be entitled to compensation for your injuries.

In many ATV injury and wrongful death cases, it can be difficult to determine and prove who is liable due to the large number of contributing factors that often are involved in these crashes. At Whittel & Melton, we are prepared to investigate the situation of any accident in order to establish and verify who is at fault. We will fight to recover maximum compensation.

May 24, 2018

Cooking Oil Results in Winter Haven Apartment Fire

by Whittel & Melton, LLC

Cooking oil left out on the stove resulted in a fire in a Winter Haven apartment building, leaving several families without a home.

Four apartments were evacuated, and power company TECO cut electricity to the building.

The blaze was contained to the single apartment that caught fire, but others incurred water and smoke damage.

There were no injuries, but a dog that was rescued from a second-floor balcony was taken to a veterinarian as a precaution.

About three dozen firefighters responded to the scene.

If you like to deep fry with oil or cook with grease to prepare your meals, you are certainly not alone. While these are effective methods that often result in tasty meals, many dangers can arise out of these cooking techniques. Home chefs must take extra precautions when using oil or grease to prepare their meals.

As this article shows, using oil for cooking or frying can be very dangerous. More than 40 percent of range or stove fires begin as a result of cooking oil ignition. Another 25 percent of all home fires get started by fat or grease. When cooking with oil or grease, not all risks can be avoided, but being prepared can greatly reduce the likelihood of injury.

May 18, 2018

Memorial Day Weekend: Keep Safety On Your Mind

by Whittel & Melton, LLC

Memorial Day is approaching and that means a long weekend and the start of summer! Whether it is at the pool, on a boat, or at a barbecue, plans are usually made to enjoy this time and relax with good friends and family.

We should not forget that this is a time to pay tribute to the brave men and women in the military who died in the line of service to the United States and defending our freedoms.

Spending the time with loved ones may mean a celebration at home or travelling to other places. Regardless of your plans, safety and common sense should be utilized to keep everyone free from harm. No one wants to have to spend their long weekend in the emergency room!

Our Florida Injury Lawyers at Whittel & Melton have compiled a few safety tips to get you through the Memorial Day Weekend safely:

Grill Safely: Make sure your grill is cleaned of grease, dust, and checked before use. Do not grill in an enclosed space that could catch fire.
Swimming or Boating: Refrain from consuming alcohol when swimming or boating. Do not swim alone. Wear lifejackets on boats. AND ALWAYS supervise young children at all times to avoid drowning and near drowning tragedies.
Travel Safely: In 2017 the National Safety Council estimated that holiday traffic injuries and deaths have climbed upward in the last two years. Because of this, we urge you to never drink and drive, wear your seatbelt every time you get inside a car, make sure children are in the proper safety seats for age and weight, refrain from distractions while behind the wheel, and make sure you are well rested before making a long trip.

If you or someone you love has been seriously injured or suffered a wrongful death, call us immediately at 866-608-5529 or contact us online. We offer free initial consultations and are available 24/7, so you can ask all of your questions and get the help you need.

May 17, 2018

Wet Season in Florida: It Is Illegal to Drive with Hazards on In Rain

by Whittel & Melton, LLC

Rain tends to send many drivers into a panic as driving conditions become more hazardous.

While it might seem like a good idea to turn on your emergency lights while driving in heavy rain, our Florida Auto Accident Attorneys at Whittel & Melton urge you not to do it.

Please note: using your hazards in rainy conditions is illegal, and also dangerous. You could actually cause a crash that you think you are avoiding.

We want to remind you of this fact because not every state follows the same law as Florida does. Some states allow it in emergency situations, and some states have no restrictions. You can view the rules state-by-state, via AAA.

What do we mean when we are talking about the wet season? The wet season in Florida starts in late May and continues through October.

Here are some rainy weather driving tips we have compiled to help you through:

Check your tires.
Stay away from cruise control: while this is good in dry conditions, when it is raining, it only increases your chances for losing control of your vehicle.
Use your headlights, but not your high-beams: this keeps you from blinding other drivers, and the extra light could reflect off the rain and reduce your visibility.
Drive slow and leave plenty of room for other drivers: driving slower in wet conditions can be critical to reduce your chances of hydroplaning. If you think you are in no longer contact with the road, start to pump your brakes until you come to a complete stop – do not slam them!

May 10, 2018

Florida Added to List of Romaine Lettuce Outbreak: 149 Sick in 29 States

by Whittel & Melton, LLC

Four more states are reporting illnesses in a food poisoning outbreak linked to romaine lettuce, and Florida is one of them.

The Centers for Disease Control and Prevention updated its numbers on the outbreak Wednesday, revealing that 149 people in 29 states had gotten sick.

At this time, It is unclear if new illness are still occurring. The most recent illness began two weeks ago.

Florida, Minnesota, North Dakota and Texas have now joined the list of states reporting at least one E. coli illness linked to the outbreak.

At least 64 people have been hospitalized, including 17 with kidney failure. One death occurred in California.

Health officials have tied the outbreak to romaine lettuce grown in Yuma, Arizona, which provides most of the romaine sold in the U.S. during the winter.

Symptoms of E. coli food poisoning linked to romaine lettuce could include severe abdominal cramps and diarrhea. Most healthy adults can fully recover within a few weeks, however, children, the elderly and those with a weakened immune system may be more susceptible to severe injury or even wrongful death.

May 3, 2018

Tourist Suing Sea World for Poor Flooring

by Whittel & Melton, LLC

A tourist is suing Sea World, claiming their negligence led to injuries.

The woman filed a complaint April 18 in Orange County Circuit Court against Sea World of Florida LLC, doing business as Sea World, and Sea World LLC, alleging the company failed to reduce, minimize or eliminate foreseeable risks before they manifested themselves as dangerous conditions on the premises.

According to the complaint, on May 17, 2014, the woman was legally on the Sea World premises in Orlando as a customer when she slipped, tripped and fell on poorly maintained flooring.

As a result, the woman says she sustained bodily injury resulting in pain and suffering, permanent aggravation of a pre-existing condition, plus the expenses of hospitalization, and medical and nursing care and treatment.

She also accused Sea World of failing to warn anyone of the dangerous condition as well as failing to properly provide training to its employees regarding the proper maintenance and inspection of floors, so as to prevent a danger to a guest.

Large amusement parks like Sea World are no stranger to personal injury lawsuits. In fact, many have involved slip and falls, trip and falls and other premises liability issues. Filing a lawsuit against an amusement park is similar to filing suit against any other party: an injury occurs, a suit is filed, an investigation into the claims is conducted and a trial is held if no settlement can be reached.

Big companies like Sea World have a legal duty to keep their premises safe and free from foreseeable accidents. This includes a constant safety sweep of the grounds as well as proper training, screening and supervision of staff. When amusement parks fall short of this responsibility, they may be held liable for their negligence by victims through personal injury lawsuits. Victims may be able to recover for their medical bills, hospital expenses, lost wages from missing work, physical pain and suffering, and mental anguish.