Personal Injury Claim

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 31, 2018

22-Year-Old Killed in ATV Crash

by Whittel & Melton, LLC

A 22-year-old woman died Saturday night after an ATV crash at Dunns Creek State Park, according to Florida Highway Patrol.

The St. Augustine woman was riding with two others on a dirt trail at 8:15 p.m. when the Can-Am ATV overturned.

The woman was ejected from the vehicle and pinned under it until she could be rescued. She was taken to Putnam Community Medical Center, where she died.

The other passenger and driver suffered minor injuries. According to FHP, none of them were wearing seatbelts or helmets at the time of the crash.

The FHP is investigating the crash.

ATVs are useful, fun, and they can be safe when used properly and when riders wear a helmet every time they ride. Sadly, ATV accidents do happen, and they can leave accident victims with catastrophic and even fatal injuries. Victims of ATV accidents, or families of people who have died in ATV accidents, may be able to recover financial compensation for their injuries or losses, which can help to ease the burden of medical bills, funeral expenses, lost wages, costs of living with a disability, etc.

Victims of ATV accidents can be injured in a variety of ways. While some newer models of ATVs have seat belts, many do not, so ejection from an ATV is a relatively common occurrence.

The most common ATV injuries, include:

Head Injuries
Traumatic Brain Injuries
Neck Injuries
Facial Injuries
Spinal Cord Injuries
Paralysis

Due to the fact that ATV riders and passengers can suffer such serious injuries, wrongful death is not uncommon in ATV accidents.

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.

May 1, 2018

CNN Investigation Shows 103 Uber Drivers Accused of Sexual Assault or Abuse, Lyft also Facing Allegations

by Whittel & Melton, LLC

A CNN investigation has found that at least 103 Uber drivers in the U.S. have been accused of sexually assaulting or secually abusing their passengers. The allegations date back to the past four years.

The results of the investigation have shown that the questionable drivers were either arrested, are wanted by police, or have been named in civil suits related to the incidents.

Shockingly, nearly 31 drivers have been convicted for crimes ranging from forcible touching and false imprisonment to rape, and at least a dozen more have criminal and civil cases that are pending, according to CNN analysis.

This is strictly coming from analysis conducted by CNN involving in-depth review of police reports, federal court records and county court databases for 20 major U.S. cities. There is no publicly available data for the number of sexual assaults by Uber drivers or for drivers of other rideshare companies.

Most of these cases involve the passengers being intoxicated or passing out in their Ubers. Some of these cases have even lead to opened investigations into other potential crimes,

A few of the cases have resulted in a class action lawsuit against Uber.

One woman is even suing Uber for representing its services as “safe.”

Uber launched in 2010 in San Francisco as “everyone’s private driver,” and is currently valued at $70 billion and operates in 630 cities worldwide. Uber provides an estimated 15 million rides a day.

It will be interesting to see how the company further responds to this CNN investigation.

According to CNN, last week the company posted a sexual assault prevention video on its website on “how to create a safer community.” Uber also announced plans to host 50 community forums nationwide for advocates, leaders, drivers and riders across to talk about the issue.

An Uber spokesperson said safety is the company’s top priority this year and cited recent protocol updates such as rerunning driver background checks on an annual basis moving forward. The company also told CNN it plans to roll out a dedicated “safety center” within the Uber app where riders can designate contacts they want to share trip details with while they ride and they will also have an emergency button allowing users to call 911 from inside the app.

Lyft, an Uber competitor that provides an estimated one million rides daily in the United States and Canada, is also dealing with some allegations of sexual assaults by its drivers. A similar CNN review using the same methodology found 18 cases of Lyft drivers accused in the past four years. Of those cases, four drivers have been convicted.

Keep in mind that it is quite common for Uber and Lyft drivers to work for both companies simultaneously. However, each company is required to perform its own background checks.

While using a rideshare service like Uber or Lyft to avoid a potential DUI seems like a safe, economical decision, these sexual assault reports raise some major red flags for passenger safety. If using your phone to get a ride in about 3-5 minutes sounds too good to be true, you could be correct as you are virtually relying upon a stranger to get you to your next destination safely. Our Florida Injury Lawyers at Whittel & Melton have compiled a few safety guidelines for you to follow if Uber or Lyft is your go to:

Before getting in to the vehicle, make sure you identify your driver and car. Uber sends you your driver’s name, photo, vehicle make, model, and plate number once you have booked your trip. Always compare that information with your ride when it arrives. If something does not match up, do not get in.
Never get into an Uber car that you didn’t order. If you are intoxicated, have someone you trust wait with you and check the the driver and car upon arrival.
Share your ETA with a friend or someone you trust. Uber sends you a destination link once the driver is on their way. Share it with someone so they know where you are and where you are supposed to end up.
Always go with your gut. If you are not 100% comfortable when your Uber driver arrives, don’t take the ride. The minor $5 cancellation fee is absolutely worth your safety.
Know the accident coverage liability: If you are injured while in an Uber accident and the driver is at fault, be aware of who is responsible and the limits to Uber’s $1 million liability amount. Familiarize yourself with Uber’s Terms & Conditions you agreed to during registration.
Rate your driver: Leave comments and feedback about your Uber experience. If you felt unsafe, share the information. Remember, these can be anonymous.

April 30, 2018

Woman Hit by Pickup Truck, Killed while Riding Moped

by Whittel & Melton, LLC

A 73-year-old woman was killed after being hit by a pickup truck while she was riding a moped in Groveland Sunday morning, according to the Florida Highway Patrol.

The Winter Haven woman was driving a 2005 Honda scooter north on State Road 33 behind a Honda pickup.

The truck driver drove onto the road’s shoulder before making a U-turn to drive south on S.R. 33. The truck collided with her scooter about 10:55 a.m.

The woman was pronounced dead at the scene. The driver of the truck was taken to South Lake Hospital with minor injuries.

The crash is under investigation and charges are pending.

When drivers are making a turn of any kind they have an obligation to look out for other vehicles. Unfortunately, they are often focused on cars and trucks and fail to see motorcyclists, bikers, moped drivers and pedestrians. When cars make a left turn or U-turn without seeing a rider they are not giving the rider enough time to react and can hit the motorcycle, scooter or moped causing severe injuries or even wrongful death. Even if the rider is able to maneuver in a way where they avoid a collision, they can still be injured or killed for taking such evasive action.

When a motorcyclist or a moped driver is involved in an accident with a larger vehicle, the motorcyclist will suffer the most serious injuries in the majority of instances. Moped riders and bikers are much more vulnerable than automobile drivers and lack the protection of a metal frame.