Personal Injury Claim

June 23, 2016

Biker Killed in Marion County Crash

by Whittel & Melton, LLC

A man was killed earlier this month after he lost control of his motorcycle and tumbled more than 100 feet in Marion County, according to the Florida Highway Patrol.

At around 10:10 p.m., the Umatilla man was driving his 2016 Kawasaki Ninja on the southbound lane of County Road 25 at a “high rate of speed” as he approached a right hand curve, FHP stated in a report.

The 25-year-old driver failed to handle the curve and drove across the centerline and into the northbound lane and onto the east grass shoulder, the FHP stated.

The man lost control of his motorcycle and fell off of it as it began to overturn. Both he and the motorcycle “tumbled over 100 feet before coming to rest on the shoulder” of the road, the FHP reported.

The man was pronounced dead at the scene.

The FHP has not yet determined if alcohol was a factor in the accident.

The investigation is ongoing.

Riding a motorcycle can be liberating. And while the freedom of the open road is nice, riding a motorcycle can also be dangerous as a result of reckless motorists, minimal protection, hazardous conditions and many other factors.

A motorcycle accident can occur as a result of a rider’s negligence, but a motorcycle accident is not always the fault of the operator. In many cases, these types of accident are caused by:

DUI
Inattention of other drivers
Speeding
Failing to obey traffic signals
Texting and driving

Bad weather conditions
Fatigued driving
Bad roads
Failure to yield

June 21, 2016

Car Crashes Into Largo Post Office

by Whittel & Melton, LLC

No one was injured Tuesday morning after a car rammed into the entrance of the Largo Post Office.

Largo Police and Largo Fire both responded to the post office located at 50 8th Ave. S.W. after the sedan crashed into the building.

Postal operations were suspended as officials tended to the logistics associated with the crash.

There were no injuries, according to reports. Operations have returned to normal inside the post office.

Vehicles crashing into buildings happen more frequently than you might think. In fact, every day in the U.S., there are 50-60 serious storefront accidents involving an automobile plowing into a restaurant, store, or other type of business and severely injuring customers and employees.

Sadly, these crashes can result in serious injuries and even death to business patrons or employees. Fortunately, no one suffered any harm in this post office crash.

According to the Insurance Institute for Highway Safety and the Storefront Safety Council, the following storefront accident statistics have been recorded:

There are 20,000 vehicle-into-building crashes every year in the United States, which breaks down to 50 to 60 accidents every day.
Every day in the U.S., more than 20 convenience stores are hit by vehicles, which equates to more than 7,300 convenience store crash incidents each year.
Why do these crashes occur? 41 percent of all vehicle-into-building crashes are caused by driver confusion or “pedal error.”

June 16, 2016

Toddler Snatched By Alligator at Disney World Resort

by Whittel & Melton, LLC

A 2-year-old boy was snatched off the beach by an alligator on Wednesday at a Disney World Resort.

His body was recovered around 3:30 today. The body was taken to Orange County Medical Examiner’s Office. It is believed that the gator drowned the boy.

The 7- to 8-foot reptile grabbed the boy late Tuesday as he was playing in about a foot of water at the Seven Seas Lagoon at the Grand Floridian Hotel. His father, who quickly rushed to the boy’s aid, could not fend off the alligator and received minor injuries to his hand.

The boy’s mother also rushed into the water, but when the couple was unable to save their son, they alerted a nearby lifeguard who called 911.

Some 50 wildlife specialists, including trained alligator trappers, shifted early Wednesday from a search and rescue effort to a recovery operation, according to the Orange County Sheriff’s Office.

A tragedy like this is not something we read about often in the news, but sadly, things like this can happen in Florida.

According to the Florida Fish and Wildlife Conservation Commission numbers, as of April there has been just one other incident where a person was bitten by an alligator in Florida in 2016. There were nine 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks, and since 1948, when the agency began keeping track, there have been 23.

Any body of water of any size in Florida can potentially have alligators in them. Most hotels and resorts near bodies of water are pretty vigilant about relocating dangerous animals out of areas where the public would be nearby. In Florida, you have to be very careful as alligators can be anywhere, including golf courses and even backyards.

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.