Personal Injury Attorney

March 27, 2019

Woman Suing Aldi for Slip And Fall Injuries

by Whittel & Melton, LLC

A Pinellas County woman is suing an Oldsmar Aldi grocery store, alleging negligence led to her fall.

The woman filed a complaint Feb. 11 in Pinellas County Circuit Court against Aldi LLC, doing business as Aldi Inc., alleging the grocery store operator failed to exercise reasonable care for her safety.

According to the complaint, on May 11, 2017, the woman went to shop at the Aldi grocery store in Oldsmar when she fell due to a puddle of liquid on the floor. She sustained bodily injuries, resulting in pain and suffering, mental anguish, loss of capacity for the enjoyment of life, and the expense of hospitalization, medical and nursing care and treatment.

The woman says Aldi negligently allowed the puddle of water to remain on the floor and failed to clean up the mess.

Spills happen in grocery stores. In fact, you have probably been shopping and heard something fall or shatter followed by “Clean-up on Aisle 5” over the loudspeaker. When spills do happen, the owner or operator of the grocery store is supposed to get the spill cleaned up in a reasonable amount of time so that customers or employees don’t slip and fall.

A slip and fall in a grocery store can result in serious injuries. When you slip on something like a puddle of liquid on a smooth floor, you gain velocity, which increases the force of your impact. You could easily break an arm, shoulder, kneecap, elbow, or leg, or land on your back and end up with head injuries or spinal cord trauma. A slip and fall can also cause your body to twist in unnatural ways that tears ligaments or cartilage, which can result in painful injuries that require surgery.

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.

March 18, 2019

Florida Catholic Priest Accused of Drugging, Raping Woman

by Whittel & Melton, LLC

A Roman Catholic priest in Florida is facing charges that he drugged a female parishioner and raped her.

The man was in a Miami-Dade County jail late Saturday charged with sexual battery on an incapacitated victim.

According to reports, in October, the 64-year-old priest invited the victim to his home at Sacred Heart Catholic Church in Homestead. The woman said she drank tea he gave her and passed out. She told investigators she woke up two hours later naked in the man’s bed, believing she was raped.

She did not notify police until two weeks ago after telling another priest. The Miami Archdiocese says she was told to contact authorities. Officers say the man confessed when confronted.

Priests are religious figures that you believe you can trust. However, when they violate that trust, the long-lasting effects on the victim can be devastating. They can range from depression and sleeping disorders to self-harm, suicide, and substance abuse.

If you are a survivor of clergy abuse, you have the right to seek compensation for your losses. You may receive damages for medical and therapy bills and loss of income. You may also be able to recover punitive damages, which are designed to punish the individuals and the institutions that allowed these acts of abuse to occur.

February 22, 2019

Syracuse Basketball Coach Jim Boeheim Involved in Fatal Car Crash

by Whittel & Melton, LLC

Longtime Syracuse basketball coach Jim Boeheim struck and killed a man along an interstate highway late Wednesday night as he tried to avoid hitting the man’s disabled vehicle, according to police.

Syracuse believe the 51-year-old deceased man was an occupant in a black Dodge Charger with three others when they apparently lost control on a patch of ice and hit a guardrail before midnight Wednesday on I-690 in Syracuse.

Boeheim struck the man with his GMC Acadia while trying to avoid the disabled car, which was resting perpendicular on the darkened highway. The group had been heading toward the median for safety. The man was taken to a hospital, where he was pronounced dead. Another man in the group suffered minor injuries in the accident, police said.

Police said Boeheim has been cooperating with the investigation. He even used his cellphone light to warn other drivers of the disabled car after the accident, police said.

Police said sobriety tests administered to Boeheim and the unidentified driver of the other vehicle were negative for any signs of impairment.

No tickets have been issued to Boeheim at this time and the investigation is continuing. Police did say that they do not believe criminal charges would be filed.

When it comes to pedestrian accidents, many drivers will attempt to blame the accident on the pedestrian to avoid legal liability. Sadly, pedestrians involved in car accidents can suffer from the following:

Severe head trauma
Brain damage
Leg injuries
Spinal cord injury
Paraplegia
Quadriplegia
Amputations
Disfigurement
Death

At Whittel & Melton, our Florida Personal Injury & Wrongful Death Attorneys will conduct a thorough accident investigation to determine who exactly is to blame. The smallest details may become the evidence needed to prove speed or driver inattention caused the crash, even when the driver states otherwise.

If you or a loved one has suffered serious injury or death as the result Continue reading

February 21, 2019

Clearwater Nursing Home Resident Says Negligence Led to Fall

by Whittel & Melton, LLC

A resident is suing Pinellas Park nursing home operators, alleging breach of duty and negligence.

The woman filed a complaint Feb. 1 in Pinellas County Circuit Court against Pinellas Park Facility Inc., doing business as The Care Center at Pinellas Park, alleging they failed to exercise reasonable care in operating a nursing home in according with the state statutes.

According to the complaint, between July 29-Aug. 20, 2018, the woman was a resident at The Care Center of Pinellas Park. As a result of the facility’s negligent acts and omissions, the woman suffered a fall and injury Aug. 14, 2018.

The woman says this resulted in pain and suffering, disability, disfigurement, medical and hospitalization expenses and aggravation of a pre-existing condition. She alleges the facility failed to chart changes in her medical condition, failed to consult with her power of attorney, family and/or legal representatives and failed to monitor and provide a safe environment.

Many nursing home residents are injured in falls every day across the country. They may suffer hip fractures, traumatic brain injuries, broken bones, and other serious injuries. In a majority of these cases, these injuries could have been prevented if staff and management had been supervising residents properly and administering appropriate care.

If you or a loved one was hurt in a nursing home fall, you may have the legal right to seek financial compensation from the person or company responsible. Our Tampa Bay Nursing Home Abuse Injury Attorneys at Whittel & Melton can provide you with an immediate, free consultation about your case so that you know what steps to take next.

February 20, 2019

Epcot Visitor Says Malfunctioning Ride Caused Injuries

by Whittel & Melton, LLC

An Epcot patron is suing Walt Disney, alleging negligence caused a ride to malfunction and cause injuries.

The complaint was filed Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc., alleging failure to design, construct and operate Epcot’s Fast Track ride in a safe manner.

According to the complaint, on Feb. 16, 2015, the visitor was at Epcot’s MGM Studios when the ride malfunctioned, causing him to be thrown about the Fast Track car. The suit says the man sustained bodily injuries, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, medical treatment and loss of earnings.

The man alleges Walt Disney Parks and Resorts U.S. failed to provide sufficient restraints to ensure that persons would remain firmly seated on the ride and failed to ensure that guests were properly seated and restrained prior to the ride operation.

Amusement parks like Epcot, Universal Studios, Walt Disney World, Busch Gardens, Blizzard Beach, Typhoon Lagoon, etc. are held to a higher standard of safety of care knows as common carrier, a term that also applies to entities that operate airplanes, buses and trains. Theme parks are required to follow more thorough procedures to ensure rider safety.

When an injury occurs at an amusement park, negligence on the part of the staff is usually a key issue. Some of these issues may include:

Improper ride design or construction
Improper replacement parts
Botched inspection procedures
Careless or reckless ride operators failing to follow procedure

February 18, 2019

Nurses Facing Manslaughter Charges after Patient Rots to Death

by Whittel & Melton, LLC

Seven former employees, including a nurse practitioner, have been indicted after prosecutors say conditions at an Ohio nursing home got so bad that one patient “rotted to death.”

The contracted nurse practitioner and two workers are being charged with involuntary manslaughter for allegedly neglecting two patients, according to reports, which says the four other employees are accused of neglect or falsifying patient care records.

The group worked at a care center in Columbus.

According to the Ohio Attorney General’s Office, nurses failed to properly care for a male patient who died of septic shock after his wounds led to gangrenous and necrotic tissue in 2017.

According to reports, an attorney for the nursing facility said all the employees involved were fired two years ago.

Making the decision to place a loved one in a nursing home is a difficult one. Selecting the right home can be a stressful and emotional process. Regardless of how much research and thought is put in to choosing the right facility, you may end up with a facility that fails to provide quality care and treatment.

Too many Florida nursing home residents are victims of neglect and/or abuse. The result of this abusive treatment can be devastating to family members. That is why our Florida Nursing Home Abuse Attorneys at Whittel & Melton are here to help loved ones of nursing home abuse and neglect discover what they can do to hold those responsible accountable for their actions.

February 14, 2019

Family Sues Pasco County School District over Alleged Sexual Assault at School

by Whittel & Melton, LLC

A west Pasco County parent has sued the school district, alleging its negligence allowed her child to be sexually abused several times by a Ridgewood High teacher at the school campus.

The teacher was arrested in March 2018 and faces two charges of sexual assault of a minor child by a custodial authority.

The family contends that the school district should be held financially responsible, as it failed to properly supervise the teen or the teacher, and it did not provide adequate security as a precaution to “foreseeable criminal acts on the premises.” The family argues that the district should have known about prior instances of sexual misconduct by employees against students, and done something about it.

The complaint says the victim suffered physical and psychological injuries, and incurred medical expenses for treatment. It asks for a judgment in excess of $15,000.

The physical, mental, and emotional effects of sexual abuse and assault are very real and far-reaching. Victims often struggle for years following sexual assault or abuse. In many cases, victims find need therapy, counseling, medication,and more in order to heal. Treatment can undoubtedly be beneficial, but also costly, which can be be even more stress added on victims who are already struggling to move forward with their lives.

Our Florida Sexual Abuse Injury Attorneys at Whittel & Melton offer compassionate legal representation for victims of sexual abuse and assault. Many people do not realize that they can take civil action against the responsible party. We can help you pursue financial compensation for medical bills, pain and suffering, emotional distress, and more.

February 8, 2019

Brevard County Caregiver Arrested Years After Disabled Woman Gave Birth

by Whittel & Melton, LLC

A caregiver at a Florida facility for people with disabilities has been accused of impregnating a resident who gave birth in 2015.

Authorities say the 58-year-old man was arrested Wednesday on charges of lewd and lascivious battery on a disabled person.

An arrest affidavit says the man helped care for adult clients at a facility in Rockledge.

Staff members in 2015 discovered the female client was pregnant. The baby was born a few months later and adopted by the woman’s family.

Police say the woman has the mental capacity of a small child.

Authorities say the man had previously denied having sexual contact with the woman and voluntarily submitted a DNA sample last year. Investigators say the man’s sample came back a match with the child, resulting in his arrest.

According to the Disability and Abuse Project, which focuses on physical, sexual and emotional abuse of people with developmental or intellectual disabilities, 7 out of 10 Americans with developmental disabilities report they were sexually and/or physically assaulted, or neglected, or abused in some manner. In 2015, the U.S. Department of Justice reported 1.3 million crimes against persons with disabilities. Disabled women and men are three times more likely to be raped or sexually assaulted than the general population, according to the U.S. Department of Justice’s data.

If you have a loved one who is or was being abused by a caregiver, our Florida Sexual Abuse Injury Attorneys at Whittel & Melton can help. Your consultatio is completely free of charge and you are under no obligation to us. We want to make sure that you are armed with the knowledge that you need to hold the responsible party accountable for their despicable actions.

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.