Personal Injury Attorney

June 10, 2016

Woman Seriously Injured in Hang Gliding Accident in Sumter County

by Whittel & Melton, LLC

A woman was seriously injured Tuesday afternoon after a hang glider crashed into a tree in Sumter County.

At about 4:45 p.m., Sumter Fire and EMS and an ambulance responded to a reported hang glider crash in Center Hill, near County Road 569.

Once units arrived, they found that a hang glider had hit a tree and crashed, according to Sumter Fire and EMS.

A female, who was seriously injured, was declared a trauma alert and flown to Orlando Regional Medical Center.

Her condition is unknown at this time.

When a hang gliding accident does take place, the results are often tragic. While these are not accidents we read about regularly in the news, these types of accidents often result in catastrophic personal injuries and even wrongful death. Crashes can be caused by numerous different factors, but generally aviation and hang gliding incidents involve the following elements – manufacturing design defects, poorly maintained aircrafts and safety standards violations.

June 8, 2016

Detectives Investigating Hidden Cameras in Florida Keys

by Whittel & Melton, LLC

Detectives in the Upper Keys are investigating three reports involving hidden cameras found in women’s restrooms.

In all three incidents, miniature cameras hidden in coat hooks were found mounted on the walls in the women’s restrooms.

The coat hooks mounted in all three locations are identical to devices available for purchase on line, sold by various companies as “home security devices.” Detectives have notified Monroe County Public Works and Islamorada Public Works and asked them to check all the bathrooms at county and city facilities; Sheriff Rick Ramsay wants to let everyone know so they also can be on the lookout.

All of the devices found so far look like simple white coat hooks with the camera mounted behind it and utilizing a very small hole in the top portion of the coat hook for the lens of the camera. They use motion detection cameras inside to take video.

If you ever see one of these coat hooks in your hotel bathroom or elsewhere, leave immediately and call 911.

Hotels and the owners of other properties have a certain duty to tenants, visitors, and customers to keep the area safe and secure. When they fail to provide a safe environment and someone is injured as a result, property owners can be found liable.

Negligent security deals with an owner failing to show reasonable care for the safety of others. Lack of reasonable care can range from a robbery at an ATM on site or as this case shows, hidden cameras installed in hotel bathrooms.

June 7, 2016

Rick Scott Urges Floridians To Prepare For Tropical System

by Whittel & Melton, LLC

With Tropical Storm Colin creating messy conditions across much of Florida, Governor Rick Scott is urging Floridians and visitors to the state to be prepared.

Governor Scott released the following statement:

We are closely monitoring this tropical system and its potential impacts on Florida’s Gulf Coast. Our most important goal is to protect our families, visitors and communities, and we will take every action to make sure our state is prepared for this weather event,” said Scott. “While Florida’s emergency officials, first responders and National Guard stand ready to respond to any need, it is crucial that Floridians use every resource to make sure their homes and families are immediately and thoroughly prepared.

The National Hurricane Center gives the system a 50 percent chance of becoming a tropical cyclone over the next five days.

Upper-level winds could be more conducive for development as the system moves northeastward across the Gulf. Regardless whether it becomes a named storm, it’s likely to produce heavy rains in Florida.

Even if this system does not develop into a named storm, it still poses significant risks from flooding, damaging winds and tornadoes, and rip currents.

The potential impacts of this tropical storm include:

Rainfall amounts that could reach up to five inches across much of Central and South Florida with isolated totals of eight to ten inches along the I-4 corridor.
Severe thunderstorms are possible across North Florida. Additional severe weather is possible through Tuesday across portions of Central and South Florida.
Increased wave heights along the Gulf Coast Monday and Tuesday and along the Atlantic Coast on Wednesday will elevate the risk of rip currents and minor coastal erosion.

Part of living in Florida, is dealing with severe weather, such as hurricanes and tropical storms. During hurricane season, it is always a good idea to make sure you stay up to date with the way the storms are categorized, and to know the procedures your family should follow in the event a storm hits.

The American Red Cross has put together a list to help people be prepared in the event of a tropical storm or hurricane. The following is a hurricane safety list, and identifies what you need to do to keep safe in times of severe weather:

Get a full tank of gas before the storm. There could be shortages after the storm.
Create an evacuation plan with family members.
Keep plenty of cash with you.
Make sure to have at least three days’ worth of food and water for each person in your household.
Gather family and emergency contact information. Make sure all family members have ID.
Get all medical prescriptions filled before the storm.
Install plywood or hurricane shutters on doors and windows and secure all loose objects outside your home.

If you are evacuated from your home, leave early and make sure to avoid driving on flooded roads and bridges. Even shallow water can be dangerous.

June 3, 2016

Orange County Lobbyist Richard Anderson Arrested For April Hit-And-Run

by Whittel & Melton, LLC

Belle Isle interim city manager, Apopka consultant and lobbyist Richard Anderson turned himself in to authorities yesterday after he was charged with a hit-and-run case that hospitalized another driver back in April.

The Florida Highway Patrol investigated the Lake County collision and issued an arrest warrant for Anderson Tuesday.

Anderson turned himself in to the Seminole County Sheriff’s Office out of convenience Tuesday afternoon. That department held him in the Seminole County jail overnight pending transfer to Lake County.

Anderson also resigned Tuesday from his part-time position as Belle Isle’s interim city manager. Mayor Lydia Pisano said she accepted his resignation.

Anderson worked for the city of Apopka, where he stepped down as full-time city administrator in 2014, after Joe Kilsheimer beat longtime incumbent John Land in the mayoral election. However, Anderson took a two-year contract that paid him $22,000 per month as a consultant with Apopka to continue working on several projects for the city.

The Apopka City Council will be looking into his contract status.

Anderson is charged with leaving the scene of an accident with injuries from an April 5 automobile crash on State Road 46 near Sorrento. Five charges were filed against him: leaving the scene with serious bodily injury, reckless driving with serious bodily injury, tampering with physical evidence, leaving the scene with property damage and reckless driving with property damage.

According to the FHP, shortly before 1:30 a.m. a 2014 Dodge Ram pickup truck crossed into the opposing lane and slammed head-on into a Toyota Corolla. The driver of the Corolla suffered debilitating injuries and was airlifted to a hospital.

Witnesses told the highway patrol they found the injured driver of the Corolla laying on the ground and another man talking on a cellphone. The second man had left before the FHP arrived. Two of the witnesses later identified Anderson, the owner of the abandoned truck, from photo lineups, according to the arrest warrant affidavit.

Anderson is the former full-time city administrator of Apopka. He had been with the town for 40 years, starting as a paramedic, working himself up to fire chief, and then becoming the city’s chief administrative officer in late 2004. He retired Sept. 17, 2014, and signed the consulting contract, chiefly to work on the city’s city center project.

He had become interim city manager in Belle Isle after the previous city manager resigned on Jan. 5.

Drivers fleeing the scene of an auto accident are actually quite common occurrences. Sadly, hit-and-run accidents may leave a victim with serious and life-threatening injuries, and in some cases, death. Injury victims and their families are often left wondering what their rights are, especially if the careless driver has not been identified.

June 2, 2016

Air Canada Passenger Suffers DVT After Being Stuck In Cramped Seat

by Whittel & Melton, LLC

A 64-year-old Victoria, Canada man claims that being stuck on an airline plane in cramped quarters has taken him from a once active man to one that is short of breath and has trouble moving around.

He says that doctors told him he nearly lost his life after a recent airplane trip.

In January, the man travelled to Argentina on a hiking trip. The trip home included a 10-hour flight from Chile to Toronto on an Air Canada 777 airplane.

The man says for most of the flight, passengers were discouraged from getting out of their seats because of turbulence. At over 6 feet tall, that was a problem for the man.

A day and a half after he returned home, he says he felt a sudden sharp pain in his lower back. When it was still there the next morning he went to a hospital.

Two CT scans later, doctors told the man he had deep vein thrombosis (DVT), which was likely the result of having to sit for most of the 10-hour flight, and that blood clots had migrated up his leg, through his heart and into his lungs.

DVT is a condition where a blood clot develops within a deep vein, usually in the thigh or leg. It can break off and make its way to the lungs, where it can cause breathing problems.

According to the World Health Organization, passengers traveling in cramped areas for more than four hours are at risk.

The man raised the DVT issue with Air Canada and got this response:

“Medical evidence has shown that deep vein thrombosis (DVT) is the result of a pre-existing personal medical condition, related to an individual rather than a transportation system. International courts have confirmed that based on the aforementioned evidence there is no liability to air carriers for DVT that occurs during a flight.”

When it comes to the safety of passengers, in general, airlines have a total responsibility to make sure no passengers are harmed while onboard their plane. In the case of DVT, precautions must be made. Seating on airplanes, particularly in economy class, has shrunk over the years, although airline companies will argue that legroom has not been lost, just as this case shows.

DVT can occur in travelling passengers from the following issues:

Airline offering cramped seating where there is no room to move freely
Not being able to move around the aircraft cabin
Not having sufficient legroom

June 1, 2016

Orange County Lobbyist Richard Anderson Arrested For April Hit-And-Run

by Whittel & Melton, LLC

Belle Isle interim city manager, Apopka consultant and lobbyist Richard Anderson turned himself in to authorities yesterday after he was charged with a hit-and-run case that hospitalized another driver back in April.

The Florida Highway Patrol investigated the Lake County collision and issued an arrest warrant for Anderson Tuesday.

Anderson turned himself in to the Seminole County Sheriff’s Office out of convenience Tuesday afternoon. That department held him in the Seminole County jail overnight pending transfer to Lake County.

May 23, 2016

Sheikra ReOpened At Busch Gardens After It Stalled With Riders On Board

by Whittel & Melton, LLC

Sheikra is back open at Busch Gardens in Tampa after the roller coaster stopped Thursday with 64 passengers on board.

The roller coaster reopened to riders at the amusement park Monday morning, park officials announced.

Just before 6 p.m. Thursday, the ride stopped, stranding 64 riders 200 feet up in the air. Riders were evacuated after the roller coaster stopped suddenly with a car stuck on a steep incline.

The roller coaster was stopped in two places — one just before the 90 degree drop and the other on the climb to the top.

Park officials said right before the coaster cars that got stuck left the boarding area, the ride was determined to be safe. However, something caused the cars to stop at the top of the ride.

Crews have been inspecting the ride and performing checks since the ride stalled.

The park released a statement about the coaster on Monday:

“Out of an abundance of caution, Busch Gardens Tampa Bay conducted additional testing on its Sheikra roller coaster to confirm the ride is operating as designed,” the statement read. “The testing is now complete, and Sheikra is operational and will be open for guests today, May 16. Busch Gardens is pleased that our safety systems performed as designed and that all guests were able to safely disembark from the ride. The safety of guests and team members is Busch Gardens’ number one priority and our employees train regularly for conditions just like this. All ride attractions are inspected daily by trained technicians to ensure they are operating properly. Ride safety systems are designed that when a shutdown does occur, it is an indication that these systems are working.”

Amusements parks can be pretty dangerous when you think about it. Even when rides are working properly there is always some type of risk to riders. However, when a ride malfunctions, the chances of something bad happening drastically increases. While Busch Gardens has a pretty decent track record when it comes to safety, just one error can place innocent lives in jeopardy.

The good news is that no one was harmed in this incident at Busch Gardens Tampa Bay. This is not always the case when a roller coaster mishap occurs. If anyone was seriously harmed or killed, depending on the situation, Busch Gardens could have been liable for the accident.

May 20, 2016

Texas Club Sued for Death At Hip Hop Show

by Whittel & Melton, LLC

Texas club owners failed to amp up security for a show featuring two rival rap groups and an aspiring emcee was shot in the head, according to reports.

The man’s mother alleges the fight could have been expected.

The show was on April 9 and according to the Facebook post, it was for people 21 and over. The emcee that died was only 18.

The court documents allege that the club put profit over the safety of patrons.

“The show featured two competing and potentially violent rap music groups whose members are believed to be prominent in local street gang activity,” the lawsuit states.

A fight broke out at the event and spilled into a parking lot and that is when the emcee received a gunshot wound to the back of his head.

He died three days later in the hospital.

His mother is seeking more than $1 million in punitive damages for gross negligence, premises liability and fraudulent misrepresentation.

Nightclub owners are obligated to exercise caution and prevent guns from entering their club. When adequate security measures are in place, shootings and other injuries can be prevented. Sadly, security at nightclubs is not always taken as seriously as it should be, and when an accident that could have been prevented occurs, this results in negligent security cases. These lawsuits seek to hold the nightclub accountable for the wrongful injury or death of a victim. While no amount of money will bring the deceased back or heal an injury, it can send a message to the negligent nightclub owner and prevent any future incidents.

May 19, 2016

National Dog Bite Prevention Week: Dog Bite Insurance Claims Rises To $37K

by Whittel & Melton, LLC

This week is National Dog Bite Prevention Week, so it is important to note that the cost of dog-bite claims for U.S. insurers reached 16 percent last year due to higher medical expenses and larger settlements to resolve court disputes.

The average claim increased to $37,214 in 2015 from $32,072 a year earlier, according to the Insurance Information Institute. The highest figure among the 10 states with the most claims was Arizona with an average of $56,654. California has the second highest average cost per dog bite claim at $44,983 while New York, at $44,320, comes in third.

Health officials and companies such as State Farm Mutual Automobile Insurance Co. are seeking to limit the confrontations, which accounted for more than one-third of homeowners liability claims costs last year, the institute said.

About 4.5 million Americans are bitten by dogs each year, and almost a fifth of those incidents require medical attention, according to data from the U.S. Centers for Disease Control and Prevention.

The number of claims fell 7.2 percent last year to 15,352. Still, dog-related injuries cost the industry $571.3 million, up from $530.8 million. The average cost per claim nationally has risen 94 percent since 2003.

With strict liability laws set in place, a dog owner is responsible for the actions of their dog, regardless of the breed or the circumstances surrounding an attack. With that said, dogs can have vicious outbursts at any time, despite how calm or gentle their usual temperament is. All dogs can behave differently around strangers, which can be surprising to their owners. If your dog suddenly attacks a stranger, as the owner, you could be liable for any injuries or damages.

There is a lot of responsibility placed on a dog’s owner, so care and caution is so important. In order to reduce the chance of a dog attack:

Remember that a dog’s behavior can be unpredictable, no matter how well you know your dog.
When you answer the door, make sure you hold your dog back.
Separate your dogs from strangers, like postal workers, maintenance men, etc. when they are in your home or at your door.
Keep dogs away from strangers and be cautious when around other dogs.

May 18, 2016

American Airlines Slapped with Lawsuit After Woman Killed By Lightning On Tarmac

by Whittel & Melton, LLC

The family of a woman who was struck by lightning after exiting a US Airways plane in South Carolina last summer is suing for damages.

The 52-year-old died from the injuries sustained on the tarmac at Columbia Metropolitan Airport.

Last week, her family filed a lawsuit against American Airlines, which US Airways has merged with, and the airport for negligence, according to reports.

The plane was supposed to land at Charlotte International Airport in North Carolina, but diverted to Columbia due to weather.

The lawsuit states that although the flight landed at Columbia Metropolitan Airport at 5:07 p.m., deplaning did not begin until 5:52 p.m. Ten minutes before deplaning, the National Weather Service issued a severe thunderstorm warning for the area.

The woman was struck by lightning after stepping out onto the tarmac with her husband, son and daughter.

The lawsuit also alleges that the woman did not receive prompt medical care for her condition.

The Columbia Metropolitan Airport released the following statement:

As airport operators we provide all of our carriers with passenger boarding bridges so that they can safely move passengers between the terminal and their aircraft. However, the airport is not involved in determining when or how they choose to deplane passengers. When the incident occurred, our public safety officers followed their procedures and responded within seconds. At this time, the airport and its legal team has not yet received notification that the Columbia Metropolitan Airport has been named in a lawsuit. Therefore, we are unable to provide any other specifics about the incident.

Airline negligence cases are not something we read regularly about in the news, but the most common reasons these unfortunate events occur is due to:

Negligent Hiring
Lack of Training

If your loved one’s injury or death was caused by careless airline employees, you may be able to pursue a wrongful death case. Our Florida Wrongful Death Lawyers at Whittel & Melton may be able to help you obtain justice.