Personal Injury Claim

August 29, 2014

Labor Day Weekend Tip: Drive Sober or Get Pulled Over

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently issued a press release notifying motorists to drive sober for the upcoming Labor Day weekend and all year long. The 2014 campaign is focused on the societal and economic impact of drunk driving as well as the personal costs and human toll of impaired driving.

Across the United States, drunk driving collisions kill more than 10,000 people each year. Over the course of holiday weekends alcohol-related crashes are known to increase. During Labor Day weekend in 2012, 147 people were killed in auto accidents involving drunk drivers. For every DUI crash, one in three results in a fatality. What this means is that one third of all collisions are entirely preventable.

The economic impacts of driving under the influence cost Americans billions of dollars every single year. Car and motorcycle accidents involving alcohol impaired drivers cost 47 billion in direct economic impacts in 2010. Across the U.S., that averages to about $152 a person. When the overall harm to society due to loss of life and diminished quality of life are tacked on, the numbers skyrocket to $195 billion.

The average cost of a minor injury associated with a DUI-related motor vehicle crash is $22,000, but can total more than $25,000 when losses related to quality of life are added in. Direct economic impacts and additional quality-of-life costs can drastically increase based on the severity of the injury.

Now that we have addressed some of the shocking figures associated with DUIs, our Florida Personal Injury Lawyers at Whittel & Melton want to make sure you enjoy Labor Day weekend and map out a plan before the party starts. Planning ahead is absolutely necessary to ensure that you have a safe ride home, should you consume any amount of alcohol. Planning ahead can be as simple as programming a taxi cab’s phone number into your phone or downloading a rideshare app onto your smartphone. No matter where you end up or what you are doing, never get behind the wheel of a car while intoxicated. Ask a friend or bartender to help you find a safe ride home.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 26, 2014

Virginia Mom Seeks $1 Million for Toddler’s TBI from Ocean City Amusement Park Kiddie Ride

by Whittel & Melton, LLC

A Virginia mother has filed a $1 million lawsuit against Trimper’s Rides and Amusements in Ocean City alleging that a ride left her 2-year-old son with a traumatic brain injury.

The woman filed the personal injury claim in U.S. District Court on July 23, and according to the court filing, her son and his young cousins were on the Hampton I, a ride geared toward children that features miniature trucks and cars that travel in a circle, when an operator stopped the ride to let another child off.

However, when the ride came to an abrupt stop, the woman’s son thought the ride was finished and exited his car. But, according to the complaint, the operator started the ride back up and one of the cars hit her son, knocking him down and “fracturing his skull on the cement floor.”

The lawsuit alleges the boy, who was 2 at the time, was “slammed into the floor and crushed between the ride’s tracks and the vehicle which had impacted him, as the vehicle continued along the tracks.”

Since the accident in June 2012, the lawsuit claims that the woman’s son has had significant medical expenses and suffered continued daily ill effects from his injuries.

The woman has accused the ride operator of being negligent due to the fact that he failed to secure all passengers and to check that the tracks were clear before resuming the ride.

Generally, in order to prove a negligence claim, it must be demonstrated that the defendant had an obligation to act in a responsible manner and with reasonable care in a specific situation and that the result of the defendant ignoring that duty caused an injury. This lawsuit alleges that the ride operator committed negligence because the ride was restarted before a sweep was done to make sure all children were secured in their seats and that the tracks were clear.

For this specific case, the operator of the ride would likely be found to have a duty to operate the ride in a reasonably safe manner. Any negligence found on the part of the individual operator could also lead to legal liability for the park’s owners as well since employers can be held responsible for negligent, careless or reckless acts committed by employees during the course of employment.

The two most common defenses to negligence claims are assumption of risk, where it is believed that the situation was so inherently or obviously dangerous that the injury victim should have known there were hazards and took the chance that he or she could be injured, and when a person acts carelessly and causes his own injuries. Although, these defenses could be difficult to prove due to the fact that the injured party is a 2-year-old child.

August 22, 2014

Federal Prosecutors Examine if GM Lawyers Hid Evidence of Defective Ignition-Switch

by Whittel & Melton, LLC

Federal prosecutors are scrutinizing whether employees inside and outside General Motors Co.’s legal department concealed evidence from regulators about a faulty ignition switch. It is alleged that the hiding of such evidence potentially delayed a recall of vehicles with the fatal problem.

The examining of GM’s legal department comes just after the release of an internal GM report in June that faulted the company’s lawyers for failing to alert other managers to lawsuits against GM that could have helped resolve a pattern of accidents in which air bags failed to deploy. The legal department is only one area prosecutors are scrutinizing for possible criminal liability, reports indicate.

A spokesman for the largest U.S. auto maker said the company is cooperating with the investigation.

At this time, current and former employees are being reviewed as part of a larger criminal investigation into possibly misleading statements the company made to regulators about a faulty ignition switch used in 2.6 million Cobalt and other small cars. The investigation conducted by the Federal Bureau of Investigation and the U.S. attorney’s office in Manhattan covers matters dating back a decade.

Prosecutors are under pressure from lawmakers to hold executives at GM responsible for the long-lasting product defect that has been linked to 54 accidents and at least 13 deaths.

The investigation, while at an early stage, could possibly end without any charges being brought. While it will be interesting to see how this case plays out, it is important to note that criminal cases against in-house lawyers are quite rare and can be rather difficult to prove. In many instances, these cases are further complicated by issues of attorney-client privilege.

August 7, 2014

Johnson & Johnson Pulls Laparoscopic Power Morcellators from Market

by Whittel & Melton, LLC

Johnson & Johnson is asking doctors to return its laparoscopic power morcellators, due to the fact that these controversial surgical devices may have inadvertently spread cancer in women being treated for uterine growths called fibroids.

In April, the company’s Ethicon unit suspended sales and distribution of the devices. During this time, their role in treating symptomatic fibroid disease was reviewed by the Food and Drug Administration and the medical community.

The FDA advised doctors not to use the devices in April, pending further review. J&J is now taking additional steps and reaching out to customers asking them to return the devices they have already bought in what it is calling “a worldwide market withdrawal” of all Ethicon morcellation devices that are still on the market.

What are these morcellators and how are they used? The morcellators are used to cut up uterine growths so that they can be easily removed using noninvasive procedures. They are also used in hysterectomies. However, the problem is that sometimes these masses can be malignant, which is why the FDA has warned patients and doctors that the spinning blade of the morcellators could potentially spread deadly cancer, making the outcome for patients much worse.

J & J is not accepting any legal liability for the alleged injuries from cancer caused by its power morcellators. J&J is not even calling this a recall. Rather, the company is taking preventative measures and contacting hospitals and other patients to ask them to return the devices. The Florida Injury Lawyers at Whittel & Melton represent victims across the state of Florida in lawsuits in order to obtain just compensation for any pain, suffering, lost wages and all other losses and damages.

Hopefully, new technology and better cancer screening procedures in the future will render laparoscopic power morcellators used in hysterectomies and myomectomies a safe procedure. Until then, the FDA and Ethicon have researched and concluded that power morcellation poses too great a risk to women to be used presently. It will be interesting to see if the American Congress of Obstetricians backs up these findings.

August 5, 2014

GM Slapped with Another Lawsuit

by Whittel & Melton, LLC

General Motors was hit last week with another lawsuit brought on by more than 650 people who were allegedly injured or killed in accidents involving cars that have been recalled this year for faulty ignition switches.

The lawsuit was filed in Manhattan federal court by a Texas-based attorney. Dozens of cases against GM over the switch recall have been consolidated in Manhattan federal courts.

The suit names a total of 658 plaintiffs, including 29 who are bringing claims on behalf of people who died.

July 29, 2014

Mistrial Declared in Trinity Highway Guardrail Case

by Whittel & Melton, LLC

A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

However, Trinity has issued statements saying company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

July 28, 2014

Shrapnel Hazard Leads to BMW Recalling Vehicles with Takata Airbags

by Whittel & Melton, LLC

BMW has recalled several of its most popular models due to defective Takata airbags, a problem that is hitting much of the global auto industry.

The German automaker will recall 1.6 million 3-Series cars from model years 2000 to 2006 across the world, including 574,000 in the U.S.

The company said the recall is just a precaution because other automakers using similar systems have had issues.

The problem with the Takata airbags is that airbag inflators in these systems can rupture. When this happens, not only can the airbags not work properly, but they could blast shrapnel into passengers.

Honda, who has had similar issues with these airbags, reported two deaths in 2009 linked to the problem. They have recalled vehicles with Takata bags six times since then.

The airbag issue is responsible for millions of recalled vehicles over the past few years, including those made by Chrysler, Ford, Honda, Mazda, Nissan and Toyota. The recalls have mostly been of vehicles in states with hot and humid weather, which includes Florida.

BMW said no problems have been reported in their vehicles. However, dealers will replace the passenger-side front air bags.

The new recall excludes 42,000 BMWs recalled in May 2013 for the exact same problem. The company says it is recalling all vehicles equipped with potentially defective airbag systems regardless of where they were sold.

The U.S. National Highway Traffic Safety Administration began investigating air bags made by Takata in June. The agency said they received six reports of air bags rupturing in Florida and Puerto Rico, resulting in three people suffering injuries.

The NHTSA estimated 1.1 million vehicles in the U.S. could be affected, but they believe that number is likely to climb.

The government wanted automakers to act swiftly to warn those in warm states while it continues to investigate the issue.

If an airbag defect in your car has resulted in an unfortunate accident, you may be struggling to recover from any injuries and unsure of what you can do to remedy your situation. While the law can be complex, you do have legal recourse against the vehicle’s manufacturer. Manufacturers have a duty to pay attention to the quality of the products they put out and issue recalls in a timely manner should a problem arise. When automakers and manufacturers fail to do this, innocent consumers can be seriously injured or killed.

Thousands of people suffer serious injuries from defective products every year. Most of these injuries could have been avoided if the makers and manufacturers of these products took extra care to ensure the safety of consumers. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.

July 25, 2014

Are Your Airbags Safe? Mitsubishi Recalls Lancer Sedans with Takata Airbags

by Whittel & Melton, LLC

Mitsubishi Motors Corp is recalling cars made with Takata Corp air bags in Florida, Hawaii, Puerto Rico and the U.S. Virgin Islands.

Mitsubishi has joined nine other automakers in conducting a recall in those states.

Mitsubishi has said it will conduct a limited recall of model year 2004 and 2005 Lancer sedans with Takata passenger-side air bags that have inflators that may cause them to open with too much force, according to the U.S. National Highway Traffic Safety Administration.

According to the NHTSA website,”In the event of a crash necessitating deployment of the passenger-side frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the vehicle occupants.”

Nearly 12 million vehicles with Takata air bags or inflators have been recalled within the past five years.

The Japanese auto parts supplier announced on Friday that they have experienced a “special loss” of about 45 billion yen, which equates to $440 million, because of the problem.

Like most of the automakers participating in the recall, Mitsubishi has limited the recall to a portion of the United States and U.S. territories.

Mitsubishi released the following statement: “Due to NHTSA’s belief that humidity is a contributing factor to the inflator condition at issue, the (recall) will be limited to affected vehicles that are registered in, or were originally sold in Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands.”

Some of the other automakers have expanded the recall to include other warm-weather states or the entire country.

Mitsubishi says they do not know of any crashes, injuries or deaths related to Lancer sedans with Takata air bags. The company claims it has not found any safety defect on its own and is recalling the cars because it is working “in good faith” with NHTSA.

BMW announced earlier this week that it would recall 1.6 million 3 Series cars with Takata front passenger-side air bags.

According to a Mitsubishi spokesman, the company is “still investigating” how many Lancer sedans will be involved in the recall.

July 23, 2014

RJ Reynolds Slapped with $23.6 Jury Verdict in Escambia County

by Whittel & Melton, LLC

R.J. Reynolds Tobacco Co., the nation’s No. 2 cigarette maker, has vowed to fight a jury verdict of $23.6 billion in punitive damages in a lawsuit filed by the widow of a longtime smoker who died of lung cancer.

The company’s executive called the damages awarded by a Pensacola jury “grossly excessive and impermissible under state and constitutional law.”

This case is just one of thousands filed in Florida after the state Supreme Court in 2006 threw out a $145 billion class action verdict. That ruling also noted that smokers and their families need only prove addiction and that smoking caused their illnesses or deaths.

Last year, Florida’s highest court re-approved that decision, making it easier for sick smokers or their survivors to pursue lawsuits against tobacco companies without having to prove to the court that Big Tobacco knowingly sold hazardous products and hid the dangers of cigarette smoking.

The damages awarded to the widow after a four-week trial came in addition to $16.8 million in compensatory damages awarded Thursday.

The widow sued Reynolds in 2008 on behalf of her late husband, who died in 1996.

The verdict came the same week that Reynolds American Inc., which owns R.J. Reynolds Tobacco Company, announced it was purchasing Lorillard Tobacco Co. Lorillard is the country’s No. 3 cigarette maker, and Reynolds purchased them in a $25 billion deal.

The deal is expected to close in the first half of 2015.

In June, the U.S. Supreme Court denied cigarette manufacturers’ appeals of more than $70 million in court judgments to Florida smokers. Reynolds, Philip Morris USA Inc. and Lorillard Tobacco Co. was seeking to have cases reviewed in which smokers won large damage awards without having to prove that the companies sold a defective and dangerous product or hid the risks of smoking.

Last year the Supreme Court refused to hear another of the companies’ appeals after they requested the court to consider overturning a $2.5 million Tampa jury verdict in the death of a smoker.

In addition to this lawsuit, other Florida juries have hit tobacco companies with tens of millions of dollars in punitive damages in lawsuits arising from the original class action lawsuit.

A Fort Lauderdale jury awarded $37.5 million, including $22.5 million in punitive damages against Reynolds in August to the family of a smoker who died at age 38 of lung cancer in 1995.

Then in September, the 3rd District Court of Appeals awarded $25 million in punitive damages and $10 million in compensatory damages against Lorillard to a woman whose husband died in 1996 of lung cancer.

Reynolds has already publicly announced its plan to fight the $23.6 billion award in punitive damages, calling it “grossly excessive and impermissible under state and constitutional law.” The U.S. Supreme Court has ruled in the past that when punitive damages are “grossly excessive,” they violate the constitutional guarantee of due process.

However, it is important to note that there is no number that makes punitive damages “excessive.” But, in 2008, the Supreme Court did caution against any award with more than a single digit ratio between punitive and compensatory damages. In this case, the ratio of punitive to compensatory damages is 1,396 to 1. It will be interesting to see how the appeals process plays out and if this award will be found “excessive.”