Orange County

March 20, 2019

2 Killed After Charter Bus Travelling from Orlando to New York Overturns

by Whittel & Melton, LLC

Two people died after a charter bus that departed from from Orlando overturned on Interstate 95 in Virginia.

The Tao’s Travel Inc. bus traveling from Florida to New York had 57 people aboard when it rolled and ran off the left side of an Interstate 95 exit ramp in Prince George County about 5:22 a.m., according to authorities.

One person died at the scene, while another person died a couple of hours later.

The bus driver has been charged with two counts of involuntary manslaughter in the crash.

The bus departed from Orlando, Florida, and stopped in Rocky Mount, North Carolina, to switch drivers, police said. It was headed to New York City when it crashed.

Bus travel is a very popular mode of transportation. However, buses can pose a serious danger to passengers if they are not operated by trained, attentive employees and if the equipment is not properly maintained. If you have been involved in an accident with a charter bus, it is important to contact our Florida Injury & Wrongful Death Attorneys at Whittel & Melton as soon as possible.

Similar to truck drivers, bus drivers must have proper background checks and receive adequate training to provide safe travels for passengers. Many bus accidents are attributed to unsafe driver conditions, such as:

Driver negligence

Poor bus security
Operating on dangerous roads and interstates
Operating during dangerous weather conditions
Driving drunk or drugged
Fatigued driving
Inadequate maintenance of the bus and its equipment

When someone you love is injured or killed in an unexpected bus accident, you may be in shock and unsure of what to do next. You or your loved one may be entitled to financial compensation for pain and suffering, medical bills and lost wages resulting from the bus accident. When death occurs, the responsible driver may also face criminal charges for wrongful death.

February 5, 2019

Construction Worker on Highway Job in Winter Park Killed in Accident

by Whittel & Melton, LLC

Officials say a worker doing construction on central Florida’s massive highway expansion project was killed after being struck by a drainage pipe.

According to the Orange County Fire Rescue, the worker was struck by a 20-foot iron pipe on Monday.

Workers were moving the pipe when it fell and hit the worker in the head along Interstate 4 near Winter Park, Florida.

The sheriff’s office is investigating.

If you have lost a loved one in a construction accident that could have been prevented, you may have a wrongful death claim. After a construction accident results in injury or death, it is important to investigate the site in the same condition as it was when the accident occurred. Construction sites are constantly changing, and owners may attempt to cover up a dangerous situation that caused the accident, or it could be fixed as part of the construction job.

Losing a loved one in a construction accident could entitle you to financial compensation for damages. Our Florida Workers Compensation Attorneys at Whittel & Melton can review the facts of your case and determine what steps to take next. We work on a contingency fee basis, so we don’t get paid unless there is a settlement or recovery of funds made on your behalf.

December 31, 2018

Negligent Security Can Lead to Sexual Attacks :: Orlando Tenant Suing Property Owner For Negligence After Sexual Assault

by Whittel & Melton, LLC

A tenant is suing an Orlando apartment complex owner, alleging negligent infliction of emotional distress on the plaintiff due to a sexual assault.

The woman filed a complaint Dec. 6 in Orange County Circuit Court against the owners of an apartment complex, alleging the property controllers negligently failed to maintain a safe environment for its tenants.

According to the complaint, on May 31, 2017, the woman was legally in her apartment unit in Orlando when when an unknown man opened a damaged/broken sliding glass door while she was sleeping. The suit says the woman was attacked and sexually assaulted, leading to severe physical and mental trauma, plus continuing medical expenses.

The woman says the property owners failed to repair a damaged/broken glass sliding door despite numerous complaints and failed to install adequate security cameras.

There are terrible incidents of sexual assaults, muggings and other violent crimes that happen in apartments and other public places. Sadly, many of these incidents occur because of inadequate or negligent security. The law requires property owners to take the necessary steps to ensure a safe environment for anyone who is on the property. This includes hiring security, placing security cameras, installing locks, repairing broken/damaged property conditions, and more. A property owner has a legal obligation to protect people against known dangers.

Many victims of violent crimes suffer emotional and mental injuries that far outlive their physical injuries. Victims may suffer from significant depression and post traumatic stress disorders that leave them unable to resume their daily routines and activities for extended periods of time. Because of this, it is imperative that any person who was the victim of a violent attack due to a property owner’s negligence gets the legal help they need before the statute of limitations expires.

December 12, 2018

Guests Injured After 2 Disney Buses Crash at Epcot Parking Entrance

by Whittel & Melton, LLC

More than a dozen people were taken to a hospital after two Disney World buses crashed into each other Tuesday at the entrance to Epcot’s parking lot, according to the Florida Highway Patrol.

The crash happened just before 10 a.m. A Disney bus driven by a 21-year-old failed to stop and rear-ended a Disney bus driven by a 62-year-old near a tollbooth on Epcot Center Drive, according to an FHP report.

According to authorities, 51 passengers were on the bus that was hit. Fourteen were taken to a hospital with minor injuries, police confirmed.

The driver of the bus that failed to stop was ticketed for careless driving, according to an FHP report.

Neither driver was injured.

When you are driving on any type of road, or riding as a passenger, you are trusting that everyone on the road will follow the laws and operate their vehicles with caution. However, that is not always the case. Sometimes, drivers get careless with the way they maneuver their vehicles. Careless driver accidents can result in serious injuries and damage, possibly even wrongful death.

Once you have recovered from the shock and pain of your injuries, obtaining legal representation can help you financially recover after an auto accident caused by a reckless or careless driver. Seeking legal help from Whittel & Melton is one of the first steps to returning to your normal life after the accident. In preparation for your lawsuit, it is important to collect:

Information about the accident
Medical records and bills
Wage loss information
Pictures of injuries

November 29, 2018

Orlando Texas Roadhouse Sued in Slip & Fall Accident

by Whittel & Melton, LLC

A Florida woman is suing Texas Roadhouse Inc., a national chain, after she slipped and fell down at one of the barbecue restaurants in Orlando.

The woman filed a complaint on Nov. 8, in the 9th Judicial Circuit Court for Orange County, alleging that the restaurant failed to keep the premises safe.

She alleges that she slipped and fell down on a wet or slippery substance on the floor while at the Texas Roadhouse. She suffered injuries that resulted in pain, disability, disfigurement and scarring. She also has suffered mental anguish and lost enjoyment in life. She incurred medical costs and lost income as a result of the accident.

She holds Texas Roadhouse responsible because the restaurant failed to follow its own corporate policies regarding the dangerous condition, failed to have adequate staff on duty and/or assigned to the task of inspecting and maintaining the premises, and failed to provide warning signs of debris and/or a slippery substances.

Restaurants have basic duties that are owed to customers they invite onto their premises. A restaurant must ensure that the property is inspected regularly to identify whether there are any hazardous or dangerous conditions that could cause an accident to occur. Things like slippery floors, uneven tiles, broken stairs or railings and other unsafe conditions must be corrected or at least have warnings that are visible to guests so that they can avoid the unsafe area.

If there are not adequate warnings, and if dangerous conditions are the direct cause of an accident, a slip and fall victim can pursue a claim for financial compensation. Restaurants can be held accountable for any injuries that can be traced back to their negligence. The restaurant can be held responsible for costs associated with medical care and treatments, missed time from work, lost wages or loss of earning potential. Victims may also be able to recover non-economic damages as well, including pain and suffering and mental anguish.

Our Florida Slip & Fall Injury Attorneys at Whittel & Melton can provide assistance if you have been injured in a slip and fall accident at any restaurant or other premise. We can mount a strong case on your behalf with the hopes of recovering maximum monetary compensation for your slip and fall injury claim.

October 31, 2018

3-Year-Old Shot in Head During Road Rage Incident in Orlando Area

by Whittel & Melton, LLC

A 3-year-old is in critical condition after being shot in the head during a road rage incident.

Port St. Lucie police say the toddler is a victim of a shooting incited by road rage. The child was airlifted to St. Mary’s Hospital in critical condition.

Police say the incident happened at 1000 Southeast Bywood Drive around 2 a.m on Sunday.

Most car, truck and motorcycle accidents are just that – accidents. However, sometimes deliberate acts of drivers cause collisions. Drivers in the Orlando area should be familiar with the term road rage, as it is to blame for numerous unnecessary and avoidable crashes.

There are multiple signs of road rage, including:

Tailgating another driver
Deliberate acceleration or deceleration too close to another vehicle
Cutting-off of another vehicle
Slamming on brakes in front of another car
Unsafe lane changes
Constant honking of horn
Displaying inappropriate hand signals or yelling at another driver

Road rage and aggressive driving contribute to hundreds of accidents every year. Sadly, innocent victims can get in the way of a driver’s road rage, as this case shows. If you find yourself caught in the midst of a road rage incident, the best thing you can do is allow the other driver as much space as possible in order to avoid an unnecessary collision. If at all possible, get out of the way of aggressive driver so that you can protect yourself and your passengers.

October 15, 2018

Orlando Hotel Barback Says Hotel Owes Him Unpaid Overtime Wages

by Whittel & Melton, LLC

A barback/bartender has filed a class action lawsuit against a hotel, alleging breach of an employment contract for unpaid wages.

The man, on his own behalf and on behalf of those similarly situated, filed a complaint Sept. 20 in Orange County Circuit Court against Rosen Hotels and Resorts Inc., alleging violation of the Fair Labor Standards Act.

According to the complaint, between June 2015 and April 2018, the man worked for Rosen and was paid by an hourly rate. He alleges he and his class of employees were full-time employees and typically worked 40 to 50 hours per week.

However, the suit says, the man and his class were paid incorrectly as they were not compensated at a rate of one and one half full minimum wage for all hours worked beyond 40 per week, less the tip credit. He alleges Rosen Hotels and Resorts failed to compensate employees properly for hours worked in excess of 40 in a workweek as required by the FLSA.

There are many regulations for wages and hours specified in both federal laws and Florida state laws. If you believe you are not being paid the overtime you deserve, consult with our knowledgeable Orlando Unpaid Wage & Overtime Attorneys at Whittel & Melton about your rights. You may find that there are many more employees at your company who are experiencing the same overtime wage deficits. If so, we can file a class action lawsuit to help you get justice.

August 28, 2018

Diner Suing Orlando Restaurant Over Slip and Fall

by Whittel & Melton, LLC

A diner is suing Tijuana Flats Inc., claiming she injured herself at the restaurant after tripping and falling on mats that were overlapping and caused a dangerous condition.

The woman filed a complaint on Aug. 15 in Orange County against Tijuana Flats Inc., alleging that the restaurant breached its duty to exercise reasonable care by allowing mats inside its store to overlap and create a trip hazard.

She claims she sustained injury resulting in pain, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care.

The lawsuit holds Tijuana Flats, Inc. responsible, because the restaurant allegedly failed to correct a dangerous condition and failed to install, maintain, and provide safe flooring surfaces on its premises.

When you slip and fall or trip and fall at a restaurant, it’s not only embarrassing, but you could suffer from injuries that affect your ability to work and that require extensive medical treatment. If a slip and fall or trip and fall accidents was the result of negligence by the restaurant, you could be entitled to financial compensation to cover the costs of your doctor and hospital bills, lost income, and any other costs related to the injury.

Restaurant slip and falls and trip and falls are actually quite common injuries that can cause serious harm. Victims may suffer broken bones, back injuries, fractures and head injuries. If you have suffered injuries in an Orlando restaurant, you should make sure you have someone representing your interests. At Whittel & Melton, we protect the rights of injury victims who have suffered due to someone else’s negligence. We take these cases on a contingency basis, meaning that if you do not recover damages, you do not owe us for any legal fees.

August 25, 2018

Orlando Mother Accuses Duck Boat Operators of Causing Child’s Injuries

by Whittel & Melton, LLC

A mother is suing duck boat operators, alleging negligence caused serious injuries to her child.

The woman filed a complaint July 30 in Orange County Circuit Court against Ripley Entertainment Inc., alleging the duck boat operator failed to provide for the safety of the its passengers.

According to the complaint, on July 19, 17 people were killed and several others were injured when the duck boat sank in a Missouri lake. The suit says the child sustained severe injuries that resulted in physical pain and suffering, disability, discomfort, mental anguish, distress and other medical problems.

The lawsuit alleges that the boat was taken out on the water despite knowing about impending rough weather and that Ripley Entertainment was further aware through prior inspections that the duck boat was not fit for voyages in such weather.

The mother alleges Ripley Entertainment, based in Orlando, failed to properly supervise their crew, failed to provide adequate safety equipment and failed to properly monitor the weather.

At least two other lawsuits have been filed on behalf of persons who died as a result of the mishap.

Failure of the boat operator to act using reasonable care is considered negligence when it comes to boating accidents. Negligence is often the result of piloting the boat recklessly or not taking necessary precautions.

Because the circumstances behind every boating accident are different, you need to seek legal help as soon as possible after the accident so that you can achieve the justice you deserve. Our Florida Boating Accident Attorneys at Whittel & Melton can walk you through the process of filing a personal injury or wrongful death claim.

August 14, 2018

Airline Negligence & Personal Injuries – How Our Florida Injury Attorneys Can Help

by Whittel & Melton, LLC

In order to ensure the safety of their passengers, commercial airlines must comply with a comprehensive set of federal safety standards and regulations. Because of these strict standards, travelling by air is one of the safest, most reliable modes of transportation available to the public. However, airlines, just like any person or company, can fail to live up to their duties. When they do not meet federal regulations, they place passengers at risk of being involved in a dangerous accident.

While airplane accidents are relatively uncommon, they do happen. These accidents are usually caused by errors or negligence. When an aircraft has a mishap, airline companies may typically be held liable for the damages suffered by passengers and their families.

Negligence is why a JetBlue passenger is suing the airlines in Orange County.

A woman filed a complaint Aug. 1 in Orange County Circuit Court against JetBlue Airways Corporation, alleging failure to follow applicable safety guidelines and regulations.

According to the complaint, on March 5, 2015 the woman was a passenger on JetBlue flight 158 from Florida to JFK Airport in New York. The suit says the plane landed violently, causing the woman to be thrown about.

This rough landing caused the woman to suffer serious injuries resulting in pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and/or aggravation of a previous existing condition.

The suit alleges JetBlue Airways failed to warn customers of the hazardous condition, and allowed the pilot to negligently operate the airplane.