Wrongful Death

August 15, 2013

Florida Amusement Park Injury Attorney :: Texas Woman Killed Riding Coaster at Six Flags

by Whittel & Melton, LLC

A woman died last month after falling from a 14-story roller coaster at the Six Flags Over Texas amusement park in Arlington.

The woman was riding the Texas Giant roller coaster ride at the park when the accident occurred, according to reports.

When the Texas Giant ride opened in 1990 it was listed as the tallest wooden roller coaster in the world.

According to Six Flags, in 2010 the wooden tracks were replaced with steel, but the original wooden support structure was kept and the lift hill was elevated 10 feet.

Police in Arlington claim there was no evidence that the death of the woman resulted from criminal intent.

A Six Flags spokeswoman said the company was investigating the incident. “We are committed to determining the cause of this tragic accident and will utilize every resource throughout this process,” the spokeswoman for the amusement park said.

In a separate incident last month at an amusement park in Sandusky, Ohio, seven people were injured when a boat ride they were on fell backwards on a lift.

Six of the riders were treated at The Cedar Point amusement park by emergency responders and released. One passenger was taken to a hospital with injuries and later released.

The Ohio Department of Agriculture, which regulates amusement rides, is conducting an investigation into the incident. The ride will remain closed until further inspection is complete.

While theme parks are the perfect place to go for some fun and excitement on a hot summer day, they are also the ideal places for unexpected injuries such as slips, trips, falls and even drowning. Millions of people travel to amusement parks all over the United States every year and ride roller coasters and other rides without incidents. However, thousands are injured each year while visiting a theme park, and worse, many visitors are killed.

Sadly, roller coaster accidents can lead to very serious injuries and even death, as this case shows. If someone dies while riding a roller coaster in Florida, surviving family members may sue for wrongful death under the following legal theories:

• Design Defect: If the manufacturer or designer of the coaster failed to construct a safe ride, they can be held liable for damages.

• Negligent Operation: If the theme park where the accident took place failed to uphold the proper standard of care when operating the ride, the park can be held responsible for your losses.

• Improper Care or Maintenance: Under this theory, the park can also be held responsible for the accident if employees were not trained properly to operate the rides or if staffers failed to maintain the ride, ultimately causing it to malfunction.

August 7, 2013

Florida Injury Lawyer :: Pedestrian Killed by Train in Osceola County

by Whittel & Melton, LLC

According to the Osceola County Sheriff’s Office, one person is dead after being struck by a train Tuesday.

The driver of an Amtrak travelling northbound saw the person lying on the tracks, blew the whistle and tried to stop but could not avoid the collision, according to an Osceola County Sheriff’s spokeswoman.

The victim is believed to have been a man — possibly a transit, according to police. He was struck around 7:15 p.m.

No foul play is suspected at this time, but an investigation is currently underway. It is unknown whether or not he lay on the tracks intentionally.

The crash happened at Tallahassee Boulevard in rural Intercession City, west of Kissimmee.

Nearly 100 passengers were delayed for almost three hours while police investigated the scene of the accident.

No one on the train was harmed.

Railroad accidents can be terrible tragedies that leave victims severely injured. Due to the sheer size of trains and their lack of ability to maneuver around unexpected circumstances, railroad accidents can be deadly. Losing a loved one in a train accident can be a horrific nightmare and as a surviving family member you may be unsure of what steps you should take next.

There are nearly 3,000 train accidents that take place across the United States every year that result in about 1,000 deaths. Due to the massive size of locomotives and their weight, even minor accidents can deliver catastrophic injuries. Filing a personal injury lawsuit or wrongful death suit can be quite complicated as these cases usually involve multiple parties and are subject to different laws and statutes of limitations than other types of injury lawsuits.

June 25, 2013

Florida Child Injury Lawyer :: Heat Stroke-Related Child Deaths on Track to Reach Record High This Year

by Whittel & Melton, LLC

In 2010 more heat stroke-related deaths were documented than any other year from kids being left inside hot cars for too long. Now, Florida health and law enforcement officials say that we are heading for another devastating year, with 15 such deaths already reported nationwide so far.

Four Florida children, ranging in age from 11 months to 3 years old, have died in the past two months after they were left behind in hot cars.

Sadly, young children are at a high risk for heatstroke as their body’s heat up three to five times faster than adults. When a child’s temperature reaches up to 104 degrees, their internal organs begin to shut down. When their body temperature heats up to 107 degrees, they can die.

Studies indicate that Florida is second only to Texas in the most heat stroke-related child deaths per year. Since 1998, Florida has reported at least 64 child deaths related to heat stroke.

So far this year Florida has reported the following incidents:

• On June 22, a 3-year-old boy passed away from heat stroke after he was forgotten in a car for about three hours in Manatee County while his family attended a funeral.

• On June 2, a Pensacola toddler wandered inside the family car and was found dead on the floorboard several hours after the 2-year-old was reported missing by family members.

• On May 24, a Highlands County mother left her 18-month-old daughter in a hot car for nearly two hours. The baby suffered heatstroke and died. Her mother has been charged with manslaughter and child neglect.

• On May 16, a Miami-Dade County mom was charged with manslaughter after locking her 11-month-old son inside her car where he died from heat exposure.

Another 11 children across the county were killed in similar instances this year.
According to Safe Kids Worldwide, heatstroke is the leading cause of non-crash, vehicle-related deaths for kids. In fact, on average, every 10 days a child is killed from heatstroke after being trapped inside a vehicle.

June 4, 2013

Florida College Hazing Death Lawyer :: Wrongful Death Lawsuit in Fatal Car Accident of Bethune-Cookman Hazing Victim

by Whittel & Melton, LLC

A wrongful death lawsuit has been filed claiming that Bethune-Cookman University failed to put a stop to fraternity hazing that ultimately resulted in the death of a sophomore student and Marching Wildcat band member.

The sophomore attending Bethune-Cookman University on a marching band scholarship died in February 2012 after the car he was riding in smashed into a utility pole in Daytona Beach.

In a lawsuit filed in Volusia County Circuit Court, the student’s mother alleges that hazing by members of her son’s fraternity led to sleep deprivation in not only her son, but the car’s driver and other pledges.

The lawsuit states that the car’s driver fell asleep, which is what led to the tragic collision. Everyone else riding in the car survived the crash.

According to the lawsuit, the university and the then-coordinator of Greek Life “had direct knowledge of previous hazing activities occurring in student groups affiliated with BCU, including (the) fraternity, and did little or nothing to discipline the activity, thus sending a message to students that the anti-hazing policy was not enforced by the university.”

The vice president who heads the department over students and student organizations did release this statement: “Bethune-Cookman University prides ourselves on having a zero tolerance on hazing and put mechanisms in place to ensure that doesn’t happen and if it does we address it to the fullest.”

University officials did say the fraternity is not associated with the marching band, however many band members belong to the group.

The lawsuit alleges that hazing took place both on and off campus, and required pledges to stay up all night to study fraternity history and facts.

According to reports, the night before the crash, the deceased and four other pledges stayed up until 4 a.m. memorizing fraternity facts “in fear of what would happen if they did not memorize accurately.”

April 5, 2013

Florida Medical Malpractice Lawyer :: Wisdom Teeth Wrongful Death Lawsuit Settled Outside of Court

by Whittel & Melton, LLC

A medical malpractice case filed by the parents of a 17-year-old high school junior who passed away two days after being deprived of oxygen during a routine wisdom teeth surgery in Baltimore has been settled out of court.

The teen suffered severe brain injury during her surgery March 28, 2011. Shortly after she went into a coma and died 10 days later. According to an autopsy report, she died because of a lack of oxygen to her brain during the surgery.

Her parents filed a civil suit against the anesthesiologist, surgeon and medical practices involved in their daughter’s procedure. The suit alleged that they had shown negligence by failing to revive her after her heart rate slowed to a seriously dangerous level, limiting the flow of oxygen to her brain.

Both sides reached a settlement on March 28. The conditions and value of the settlement are not public. However, the suit included five counts claiming negligence and other medical failures, with more than $30,000 was in dispute for each count.

In order to prove medical malpractice in a wrongful death case, the victim’s family must demonstrate that the surgeon, doctor, other medical staff or the hospital was negligent in some way. When it comes to a surgery, this can include any careless or reckless act such as prescribing the wrong drug to a patient, failing to properly monitor a patient or not checking for any and all allergies a patient may have.

When a court must determine if a medical provider was negligent, they factor in generally accepted standards of care in that particular medical field. For this case, experts would likely be called on to testify about the various procedures oral surgeons undergo when removing wisdom teeth and if the surgeon in question actually met those standards of care. While the surgery to remove wisdom teeth is quite common and usually thought to be low-risk, there are always hazards anytime a surgery is performed. In certain situations, medical malpractice may not be to blame, and the cause could just be a freak accident.

January 23, 2013

Tavares Car Accident Lawyer :: Father and Three Children Killed in Lake County Collision

by Whittel & Melton, LLC

A 41-year-old father and his three kids were killed Friday night in a car crash in Lake County.

The man apparently lost control of his 2009 Mercedes Benz around 6:45 p.m. on State Road 33.

Florida Highway Patrol troopers do not know what caused the man to lose control of his vehicle. Reports indicate the man was traveling southbound on a S.R. 33 curve near Groveland Airport Road when his car left the road, struck a tree and a pole, causing the vehicle to become airborne and crash into another tree that ultimately crushed the car’s roof.

The man and his 9-year-old son were pronounced dead at the scene. His other son, 7, and daughter, 2, passed away at the hospital.

The speed limit for the road is 60 mph, but troopers do not yet know if the man was speeding.

Court records indicate the man received several citations for speeding and failing to obey traffic signals in counties across Central Florida.

The man and his sons were wearing seatbelts, but troopers say the force of the crash was so great that it would not have mattered if they were wearing them properly. The young girl was in a car seat.

Troopers are still investigating what may have caused the crash.

Sadly, even just a small driving error or momentary lapse in judgment can lead to a devastating car accident. Due to this, all drivers have a duty to operate their vehicles with as much caution as possible to ensure the safety of their passengers and all others on the roadways. When drivers fail to drive safely and partake in reckless behavior, the odds of an auto accident occurring becomes much more likely. Many of the auto accidents that occur in Lake County are caused by the following:

• Distracted Driving
• Talking on a Cell Phone or Texting while Driving
• Speeding
• Hazardous Roads
• Failing to Follow Traffic Signals
• Changing Lanes without Signaling Properly
• Driving Under the Influence of Drugs and/or Alcohol
Any of the above actions can cause an accident that is quite serious, and lead to severe personal injuries and even wrongful death. Negligent drivers often react too late to dangers in the road until it is too late to avoid a wreck. However, it is important to note that even the most careful and considerate driver can lose control of their car on a hazardous road and cause a serious collision.

While most cars today are outfitted with more safety features than ever before to protect occupants in the event of a crash, even the best safety measures cannot prevent drivers and passengers from suffering the effects of a crash. Seatbelts and airbags can protect victims of a minor crash, but when a major wreck occurs, the force of the collision may be too great for these features to prove useful. The effects of a car accident can range in severity from cuts and bruises, sprains and strains and fractures and broken bones to vehicle ejections, traumatic brain injuries, spinal cord trauma and death.

January 17, 2013

Gainesville Auto Accident Lawyer :: National Guardsman Killed in Humvee Rollover Crash on U.S. 301

by Whittel & Melton, LLC

A 20-year-old Florida Army National Guardsman was killed Tuesday after the Humvee he was driving rolled over and crashed on U.S. 301 in Lawtey.

The West Point, Ga., man was flown by helicopter to Shands at the University of Florida, but passed away a short time later.

According to the Florida Highway Patrol, the deceased was driving his Humvee alone heading north on U.S. 301 north of Lawtey traveling to Jacksonville when the military vehicle rolled over and crashed. The man apparently tried to switch lanes, but lost control of his vehicle, sending his Humvee onto the grass median where it overturned.

The man was reportedly not wearing a seatbelt, and was ejected from the vehicle around 11:30 a.m.

Wearing a seatbelt during a Florida car accident can help keep you and your passengers safe from serious injuries. In fact, they can also be the difference between life and death. Sadly, many young lives are ended every year in auto accidents because crash victims fail to buckle their seatbelt, a task that takes just seconds to perform. An estimated 35,000 people are killed in car accidents every year. Nearly one half of these deaths could be prevented if drivers and passengers buckle their seatbelts every time they get inside a vehicle. Studies show that when a seatbelt is used properly it can reduce the number of severe and catastrophic injuries in traffic collisions by 50 percent.

While statistics show it is smart to wear your seatbelt for safety reasons, there is also a legal reason to make sure you buckle up. If you are injured in an auto accident caused by someone else, and you were not wearing a seatbelt, the insurance company for the responsible driver will certainly try and use that information against you. They will even try to claim that your injuries are partially your fault because you failed to follow the law by not buckling up.

Any time you are making a trip by car, it is imperative to fasten your seatbelt. Even if you are only traveling a short distance, take the time to strap yourself in. An accident can occur in the blink of an eye, so make sure you and anyone else in your car is protected by wearing a seatbelt no matter where you are going.

January 4, 2013

Gainesville Workplace Accident Lawyer :: Family of Man Killed in Electrocution Accident Files Lawsuit Against GRU

by Whittel & Melton, LLC

Gainesville, FL – The family of a drilling company worker who died in 2011 after being electrocuted after he struck an underground power line has filed a wrongful death lawsuit against Gainesville Regional Utilities.

The 27-year-old man was excavating with an auger at a Gainesville apartment complex on Aug. 22, 2011 when he struck a 120-volt underground line.

The man’s mother filed a claim against GRU in October of 2012 seeking damages in excess of 15,000.

The suit claims that before any work began at the location, GRU was contacted to provide the workers with the locations of any underground electric lines. The company apparently did not mark any underground utilities in the area where the man was working.

GRU has not made any comments regarding the wrongful death suit.

Losing a family member is never easy. Losing someone close to you because of a work accident can be sudden and devastating, making your loss even harder to accept. You could find yourself facing financial impacts from your loss as well as emotional pain and suffering. Fortunately, you do not have to deal with a loved one’s work-related death alone. A Gainesville Workplace Accident Attorney can explain all of the options that may be available to you and your family.

At Whittel & Melton, we help families who have lost loved ones in workplace tragedies. We are dedicated to helping families recover full compensation for their losses. While we know that there is no amount of money that can make up for losing someone close to you, a successful wrongful death claim can provide you with the funds you need to cover bills, funeral and burial costs and take care of your family in the future.

November 28, 2012

Florida Wrongful Death Attorney :: Monster Energy Drink Believed to have Caused Several Deaths

by Whittel & Melton, LLC

Incident reports released by the Food and Drug Administration have cited that Monster Energy, a beverage that is highly-caffeinated may have caused five deaths within the last three years.

These reports were recently obtained under the Freedom of Information Act by the mother of a 14-year-old Maryland girl who passed away in December from a heart arrhythmia after she drank several cans of Monster Energy within two days.

In October of this year, the mother of that teenager filed a lawsuit against Monster Beverage claiming that the company failed to adequately warn consumers of the risks associated with its products.

A spokeswoman for the company said its products were in fact safe for use, and not at all the cause of the teen’s death.

Monster Beverage currently makes a variety of energy drinks with names such as Monster Rehab, Monster Assault and Monster Heavy Metal. According to labels on their containers, they are “not recommended” for some consumers, including children and people “sensitive” to caffeine.

In general, healthy adults can safely consume high amounts of caffeine from various beverages like coffee, tea and energy drinks, but since caffeine acts as a stimulant, consuming large quantities can pose risks to those with underlying conditions such as heart disorders.

The Maryland teen apparently drank a 24-ounce can of Monster Energy that contains 240 milligrams of caffeine.

The lawsuit filed on behalf of the teen referred to autopsy and medical examiner reports that said she died of “cardiac arrhythmia due to caffeine toxicity” that had intensified an existing heart condition. The report indicated the teenager had Ehlers-Danlos syndrome, which can affect blood vessels in the body. The 14-year-old was apparently aware she had an underlying heart problem, but the family said her doctors had not warned her to limit physical activities or reduce her caffeine use.

Most energy drinks like Monster Energy, NOS, Red Bull and others contain possibly hazardous levels of caffeine and other stimulants like guarana and taurine. The side effects of energy drinks can pose serious life-threatening health problems to consumers, especially children and young adults. Research suggests that energy drinks have significantly increased in popularity over the last 10 years. In fact, it has been estimated that between 30 and 50 percent of children and young adults consumer energy drinks on a regular basis.

Current F.D.A. rules do not require companies to disclose caffeine levels in their beverages. Companies also have the option of marketing products as drinks or as dietary supplements.

November 19, 2012

Florida Auto Accident Lawyer :: Drive Safe & Enjoy Your Thanksgiving Holiday

by Whittel & Melton, LLC

St. Petersburg, Florida – Thanksgiving is a wonderful time to spend with friends and family and reflect on all the blessings in our lives. Unfortunately, statistics do show that during this holiday weekend the number of car accidents drastically increase, making Thanksgiving one of the most dangerous and deadliest times to be on the road.

There were 337 motor vehicle fatalities throughout the U.S. during the 2010 Thanksgiving holiday, according to the National Highway Traffic Safety Administration. Last year, 431 traffic deaths were reported during this holiday period, which includes Wednesday evening through early Monday morning.

The American Auto Association has predicted that 43.6 million Americans will travel at least 50 miles this Thanksgiving, which is an increase in 0.7 percent from last year. Nearly 90 percent of travellers will be making their trips by car, making roadways across the United States busier than ever. With so many people choosing to drive, it is important to prepare yourself accordingly for holiday travel.

Here are a few tips you can follow to make sure you and your family arrive at your destinations safely:

1. Wear Your Seat Belt.

2. Make Sure You Are Well Rested Before Making a Long Trip.

3. Before Heading Out, Check the Weather Forecast.

4. Make Sure Your Car is in Good Working Condition before making any Trip. Check
the tires, battery and fill your gas tank.

5. Avoid Speeding and Careless or Distracted Driving. You will likely experience increased traffic volumes this year so make sure you give yourself plenty of time to get to your destination.

6. Never Drink and Drive. Avoid alcohol at your gatherings unless you have a safe way to get home. Be aware that other drivers sharing the roadways may have consumed alcoholic beverages, so be extra cautious this holiday weekend. Keep in mind that the Wednesday before Thanksgiving, also known as “Blackout Wednesday,” is one of the busiest drinking nights for college students returning home for the holiday. Understand that other drivers may not have safety as their number one priority.