A 28-year-old Uber passenger in Orlando was killed in December when the driver allegedly ran a red light and struck a deputy, speeding through the intersection.drivingsleepy

Now, the family of that victim, Corey Allicock, is suing:

  • Uber
  • The Uber Driver
  • The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash. Continue reading

Generally, if you trip-and-fall in a landscaped area that obviously isn’t intended for foot traffic, the property owner isn’t going to be responsible to compensate you for any resulting injuries.curb1

However, as the recent case of Grimes v. Family Dollar Stores of Florida reveals, when those landscaped areas have well-worn pedestrian tracks indicating it is regularly used as a shortcut, the potentially for liability is increased.

That’s according to Florida’s Third District Court of Appeal. The court conceded there were a number of prior cases (on which defendants relied) that established property owners/ controllers aren’t responsible when pedestrians/ shoppers take a shortcut through landscaped features that aren’t designed for or used by pedestrians. (Specifically, the court relied on Wolf v. Sam’s East, Inc.) Continue reading

Distraction plays a role in an increasingly large percentage of car accidents in Florida and across the country – fueled mostly by the proliferation of smartphones. driving6

We know those drivers may be held liable if they are distracted and cause a crash. However, an emerging legal trend involves holding accountable those with whom the driver is communicating.

Take for example the recent case Gallatin v. Gargiulo, In that case, a Pennsylvania trial court judge decided that two men who were texting with a driver before and during a fatal car accident could be held liable for resulting wrongful death claims.  Continue reading

All auto insurance policies carry limits, which are supposed to be clearly-defined and indicate how much is available per-person and how much is available per car accident. carinsurance

These limits are important not just for that policy, but also for other secondary policies that may be applicable. Some insurance – like uninsured/ underinsured motorist coverage – will only kick in once the limits of the primary policy have been exhausted.

In the recent case of Trotter v. Harleysville Ins. Co., the question before the U.S. Court of Appeal for the Seventh Circuit was whether the trial court correctly decided that the $500,000 limit on an auto insurance policy was per accident, and not per-person. It was a difference that could have meant hundreds of thousands of more dollars for plaintiffs. However, the appeals court ultimately decided the trial court was right, denying plaintiffs additional coverage. Continue reading

Last Memorial Day, a six-year-old child lived through a terrifying ordeal on Fort Lauderdale Beach Park when the bounce house she and two others were in took flight and sailed at least 20 feet before dropping hard to the ground. bouncehouse

Now, she girl has filed a personal injury lawsuit in Fort Lauderdale, accusing both the vendor and the city of negligence. The inflatable structure had been affixed to a basketball court at the park and three children were inside when a tornado reportedly swept through and picked up the structure.

A recorded cell phone video of the incident shows the horror of those involved as the structure was lifted off the ground. Screams can be heard on the jostling video. The little girl inside, now the plaintiff, would later tell reporters she was thinking, “I was about to die.” She suffered a head injury, was admitted to the Broward Health Medical Center and treated overnight.

In addition to the City of Fort Lauderdale, vendor All Star Events, based in Miami Lakes, is named as a defendant.  Continue reading

The Florida Department of Transportation is moving ahead with a nearly 100-mile road project along Alligator Alley that is intended to save lives.

But will it actually put them at risk?highway9

That’s the claim by some critics, who say the $18 million project will put thousands of lives in peril if they continue to press forward with the measure.

Traffic department officials say the purpose of the guardrails is to keep motorists from careening off the roadway and into the deep canals that line the sides of the Everglades.  Continue reading

A man injured in a car accident last year is suing not only the young driver who slammed into him, but the social media platform on which she was allegedly engaged at the time of the wreck. phone

According to the complaint in Maynard v. McGee and Snapchat, filed in a Georgia state court, plaintiff alleges a critical cause of the crash was the mobile software produced and made available by Snapchat.

For those unfamiliar, Snapchat is a messaging app that allows users to take photos or videos and than add a caption, doodle or lens graphic over the top and send it to a friend. Users can also create “stories” and broadcast them publicly – either to everyone or just to your followers. Some of these images can only be viewed for a short period of time before they disappear.  Continue reading

Parents spend a lot of time choosing the right day care facility. It takes a lot to trust someone else with the well-being of your young child.childgroup

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice.  Continue reading

A construction accident in South Florida resulted in two worker injuries at a parking garage on the Miami-Dade College Campus in Doral recently. construction2

According to NBC Miami, one of the huge concrete plates that interconnect to the main structure crashed down onto the third floor of the parking deck. Although crews are not calling the construction accident at “collapse,” video of the scene shoes the slab clearly cracked and fallen onto the lower level of the garage.

Crews with the Miami-Dade Fire Rescue had to lower the two workers down before transporting them to a hospital. One appears to have suffered a serious leg injury.  Continue reading

A Florida boating accident on Lake Maitland resulted in three serious injuries – including the daughter of state Sen. David Simmons (R-Altamonte Springs). boating

According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.  Continue reading