Wrongful Death

August 25, 2016

Driver Killed in Road Rage Crash in Orlando

by Whittel & Melton, LLC

A driver was killed in a road rage incident in the early morning hours of Monday near South Kirkman Road in Orlando.

According to reports, the accident happened around 12:45 a.m. Monday when two cars pulled off Windhover Drive near Universal Studios.

Orlando police believe one of the drivers was run over by a vehicle just one mile away from Universal Studios.

According to investigators, the deceased was involved in some sort of road rage incident which led him to pull over. He stopped on the side of Windhover Road to confront the driver of the vehicle which was tailgating him.

Moments later, police believe the driver of that other vehicle stepped on the gas and ran over the other driver, killing him.

For now, investigators are searching through surveillance footage, and are questioning witnesses and his friends in hopes of finding out who did this.

Orlando Police are also asking for the public’s help. Anyone with more information about what may have happened are encouraged to contact OPD at 321-235-5300.

Injuries or wrongful deaths caused by an aggressive driver are sadly not that unusual throughout the United States or in Florida. The National Highway Traffic Safety Administration estimates that 27,000 deaths annually occur due to aggressive drivers.

August 18, 2016

Cruise Ship Catches Fire in Puerto Rico

by Whittel & Melton, LLC

More than 500 passengers and crew were evacuated on Wednesday from a burning ship about a mile off Puerto Rico’s north coast.

The fire occurred aboard the Caribbean Fantasy, a combination cruise and ferry vessel, as the U.S. Coast Guard began bringing passengers into the San Juan harbor.

The Coast Guard said all passengers had been evacuated, though it was still rescuing 26 crew members.

The ship was arriving in San Juan when the fire broke out, according to a Coast Guard spokesman.

Reports indicate that a hose carrying fuel burst open and caught on fire in the control room.

The crew attempted to extinguish the fire for 2 hours.

The extent of injuries are not clear at this time.

Several dozen people were treated for dehydration, high blood pressure and respiratory problems from the smoke, said a fire department spokesman. One stretcher held a man hooked up to an IV who was cradling a bawling newborn baby clad only in a diaper.

The mostly Dominican passengers included dozens of school-age athletes headed to competitions in Puerto Rico, including a 22-member cycling team, a girls’ volleyball team and a boys’ baseball team.

Passengers found to be in good health were loaded onto city buses to be taken out of the area.

The ships run several times weekly between Puerto Rico and the Dominican Republic.

While it may seem like a fire would be easy to put out when you are surrounded by water, a fire is a one of the most serious risks onboard a cruise ship. Since cruise ships are enclosed with long hallways and similar small rooms, combine that with a high volume of people and that makes cruise ships one of the worst places for a fire emergency. Cruise ship fires can be particularly devastating, due to the fact that there are not many escape routes.

August 12, 2016

Child Falls From Roller Coaster At Pennsylvania Amusement Park

by Whittel & Melton, LLC

A boy has fallen from a classic wooden roller coaster at a western Pennsylvania amusement park.

A spokesman for Idlewild and SoakZone amusement park says the child fell from the ride Thursday afternoon.

A Westmoreland County emergency dispatcher says the child was conscious and airlifted to Children’s Hospital of Pittsburgh, about 50 miles west.

A park spokesman said he doesn’t know the boy’s condition or where he was on the ride when he fell. It is unknown whether the ride malfunctioned or if horseplay was involved.

The Roller Coaster opened in 1938 and takes riders up, down and around a wooded hillside. It doesn’t require seat belts, and children under 4 feet tall must be accompanied by an adult.

The accident comes four days after a 10-year-old boy was decapitated as he rode a water slide at a Kansas water park.

Roller coasters are enjoyed by children, adults and all thrill seekers, but what you may not know is that coasters are the most dangerous rides at an amusement or theme park. In recent years, more than 10,000 people have been treated in emergency rooms throughout the United States due to amusement park and roller coaster injuries. If a roller coaster accident, like a fall from the ride, was caused by negligence, an injury victim may be entitled to compensation from the owners of the park.

Roller coasters have various speeds, height, intensity, size, G-force, etc. Children are the most susceptible to injuries from a roller coaster mostly because of the amount of G-forces a body can tolerate at high speeds. All bodies react differently from intense G-forces, so where one person may walk away unscathed, another person could suffer back injuries, neck injuries, brain injuries, spinal cord injuries, blood clots and wrongful death. Roller coaster seat belt systems can also cause injuries to riders depending on the differences in height, weight and size. Another issue, as this case highlights, is the risk of falling out of coasters from extreme heights.

August 10, 2016

Child Decapitated On Water Slide At Kansas Park

by Whittel & Melton, LLC

A 10-year-old boy was decapitated as he rode a 168-foot tall waterslide at a waterpark in Kansas Sunday.

The boy was decapitated on the “Verruckt” raft ride at the Schlitterbahn WaterPark in Kansas City, Kansas.

The boy was in a raft with two women who were not related to him when he was killed. The women were treated for facial injuries.

The Guinness World Records has certified the ride as the tallest in the world.

At least two people who recently rode on “Verruckt” — German for “insane” — have said the nylon shoulder straps came loose during the ride. It is not clear at this time if the straps played any role in the boy’s death.

The park said Tuesday that “Verruckt” will be closed for the rest of the season.

“Verruckt” riders sit in multi-person rafts that begin with a steep drop, followed by a surge up a second hill before a 50-foot descent to a finishing pool. Each “Verruckt” rider must be at least 54 inches tall, and the combined body weight of the riders on each raft is limited to 400 to 550 pounds.

Riders are harnessed in with two nylon seatbelt-like straps — one that crosses the rider’s lap, the other stretching diagonally like a car shoulder seat belt. Each strap is held in place by long Velcro-style straps. Riders also hang on to ropes inside the raft.

Schlitterbahn in Kansas City has been sued for negligence at least three times, all in 2014, although none of those legal actions involved the waterslide.

Water parks, for the most part, provide fun and entertainment to thousands of people a day. However, they are sometimes the scene of serious accidents, like slip, trip and falls and drownings. As this case shows, people can be injured or tragically killed at water parks.

August 8, 2016

Deltona Skateboarder Critical After Being Struck By SUV

by Whittel & Melton, LLC

A teen on a skateboard in Deltona was critically injured Sunday after an SUV hit him.

According to Volusia County deputies, the incident occurred around 6:44 p.m. The SUV was traveling north on Providence Boulevard near Tacoma Avenue when the victim entered the roadway from the sidewalk.

The SUV struck the victim, who was subsequently transported to Central Florida Regional Hospital.

The victim is still listed in critical condition.

Skateboarding is a popular sport across all age groups, and is especially popular in Florida with its year-round warm climate. Sadly, many skateboarders are seriously injured when they are hit by oncoming traffic. Since skateboarders are exposed and have virtually no protection from vehicles, any impact can result in significant harm. To make matters worse, in most skateboarder vs. car accidents, drivers will try to manipulate the facts to place the blame on the skateboarder.

August 4, 2016

Florida Truck Driver Charged in Wreck That Killed Family of 5

by Whittel & Melton, LLC

A truck driver that was arrested in a crash on Interstate 80 that killed a Minnesota couple and their three children has his first court appearance Tuesday.

The Keith County Court’s office said the 53-year-old Baker, Florida man, is facing five counts of felony motor vehicle homicide and one count of reckless driving.

He is being held on $100,000 bond.

A Nebraska State Patrol affidavit says the man was inattentive and speeding through a construction zone Sunday when his semitrailer smashed into the back of a minivan and other vehicles. The minivan was carrying a 29-year-old St. Paul couple, and their three children.

Collisions with large trucks usually end in fatalities. Sadly, passenger vehicles are no match for the size and weight of semis and tractor trailers. While nothing can bring back loved ones killed in truck accidents, the law does provide a legal remedy for surviving family members to ease any financial burdens through what is called a wrongful death lawsuit. If a truck driver’s reckless or negligent actions resulted in a crash that killed another person, they can be held legally liable for any harm caused.

Wrongful death claims can be complex when dealing with a trucking company. There are many aspects that must be properly investigated, including the driver logs, the truck itself and all other relevant documents that could point to regulation violations.

July 29, 2016

Jacksonville Boy Drowns in Neighbor’s Pool

by Whittel & Melton, LLC

Police say a 5-year-old boy drowned in a backyard swimming pool at a Jacksonville home.

Neighbors called the homeowner Wednesday afternoon after a child went missing. The homeowner was working nearby so he checked his backyard surveillance video on his cellphone and saw a child in the pool. He called 911 and rushed home.

According to reports, the man pulled the boy from the pool and rescue workers rushed him to the hospital.

The child lived around the corner from the home with the pool. The homeowner said the yard is fully fenced in but because of rescuers coming and going it was difficult to tell whether the gate had been secured.

Swimming pools are intended to be areas for play, parties and a summer of outdoor fun. Sadly, swimming pools can also be the reason behind a family’s greatest tragedy. It takes just a few seconds for a near-drowning and drowning accident to change a person’s life and a family’s future.

If you have a pool on your property there are several ways you can keep the area safe for children. The most important thing is to install several types of protective equipment. A pool fence that is the correct height to prevent children from climbing over them, and a pool cover is essential. When installing a pool fence, it needs to be four sided and it must lock and latch correctly. A pool cover should be installed so that even if a child gets in, the cover can prevent them from falling into the water. The cover should be able to withstand the pressure of a falling child so that it does not buckle beneath them.

July 26, 2016

Woman Bit on Arm by Alligator in Seminole County

by Whittel & Melton, LLC

A 40-year-old woman was bitten on the arm by what wildlife officials think was a nearly 11-foot alligator earlier this month in Seminole County.

The bite occurred at about 2:30 p.m. while the woman was wading in the water in the Little Big Econ River in the Chuluota area of Seminole County, near Oviedo. The woman was able to free herself from the alligator and was taken to Central Florida Regional Hospital in Sanford.

She suffered non-life-threatening injuries.

The Florida Fish and Wildlife Conservation Commission trapped and caught a nearly 11-foot alligator they think was the one that bit the woman, because it was still in the area where the attack happened.

It seems that we have read a lot about alligator attacks in Florida in the news recently. Golf courses, hotels, parks, businesses, apartment complexes, and owners of residential properties that border pools, ponds, lakes, streams, or rivers in Florida should know that alligators could inhabit these bodies of water. They are responsible for protecting the property and for appropriately warning visitors of any potential hazards. Failure to do so is considered negligence. Victims of a gator attack, could be entitled to recover monetary damages from the property owner, depending on the circumstances.

July 18, 2016

Beware: The Most Common Cruise Ship Injuries

by Whittel & Melton, LLC

A cruise should be a fun and safe time. And while most cruises remain fun and injury free, there are ways to be hurt while on a cruise.

The following are the most common cruise ship accidents:

Slip and falls or trip and falls: Cruise ship staff are required to maintain a safe ship. This means if there are any wet or slick surfaces, adequate warning signs should be displayed. Stairs and landings should be properly maintained so that there is nothing broken, sharp or uneven so falls do not occur.
Drowning: Most cruise ships have several pools on board, as well as water slides and other cool additions. These must be monitored at all times by the cruise line’s staff so that drowning accidents are prevented. With that said, staff must properly secure the pool areas at night when no lifeguards are available.
Fires: Fires on cruise ships can lead to various issues for passengers, including the very serious threat of burn injuries, having to evacuate the ship, and a loss of power which can lead to a loss of sewer and food storage capabilities.
Collisions With Other Ships/Objects: When a cruise ship crashes into another ship, object, or even a piece of land, everyone onboard could be harmed.
Food Poisoning And Other Illnesses: Cruise ships house thousands of people, and because people are within a confined space, stomach viruses can be spread quite easily among guests. On a similar note, if food is not prepared or stored properly, everyone onboard can become seriously ill in a short amount of time.
Defective Equipment: If the cruise ship has any faulty equipment, your risk for suffering an injury is dramatically increased. This includes dangerous defects in the on-ship bowling alley, rock climbing walls, water rides, golf courses, and other fun additions.
Excursion Injuries: Just be aware that just because cruise ships contract other companies to provide activities off the boat, like snorkeling, scuba diving, kayaking, zip-lining, and spelunking, this does not mean that these companies follow the necessary safety protocols you expect.

Filing an injury claim against the cruise line can be complex. It is important to understand that attorneys and insurance companies that represent cruise ship lines will do whatever they can to limit paying a claim and having their brand tarnished. There are specific time frames and other laws that govern cruise ship injuries that must be followed when filing an injury claim.

July 13, 2016

Father Of Man Who Died In Jail Van Files Suit

by Whittel & Melton, LLC

An Amelia Island man is suing two companies after his son, a former college professor, died while being transported across the country in a private prison van.

According to the lawsuit, he had been sick and lost 46 pounds in 10 days, but prison guards ignored his ailments.

An autopsy found that the 47-year-old PhD died of a perforated ulcer.

In April 2014, the man’s father received a call from the Georgia Bureau of Investigation, saying his son had died in custody as a private inmate transportation company drove him from Colorado to South Carolina.

The conversation went as follows,

GBI agent: “I have some bad news for you.”

Father: “Is this about William? Is he alive?”

Agent: “No sir. I’m sorry.”

Father: “They didn’t have the proper medications. They didn’t take care of him. He was locked up, moving around from place to place. I knew that was going to happen. Nobody would believe me.”

The deceased taught physics at a couple universities, most recently at Coastal Carolina University, but ran into trouble in 2014 when he was arrested, accused of making threats to a South Carolina newspaper, which published an article about him. Police in Boulder Colorado arrested him and hired Prisoner Transportation Services of America to drive him back to the East Coast.

After his arrest, the man’s medications were cut off. He was witnessed passing out on the bathroom floor and vomiting blood.

The father is suing Prisoner Transport Services of America and Advanced Correctional Healthcare, the business that screened the man as he was housed at a correctional facility during the trip.

The man was shackled with other prisoners during the trip. Reports indicate that he was too weak to even step up into the van.

During the transport, he leaned over, stopped breathing and urinated on himself. That is when other detainees screamed for help.

When employees finally did stop the van at a North Georgia jail, the man had been dead so long, his body was stiff. Other inmates were chained by his side.

His death was described as slow, painful and torturous.

Last week, the New York Times published an article on Prisoner Transport Services of America after learning that four inmates have died in while in its custody since 2012, and there are dozens of claims of mistreatment and brutality while being transported.