Fort Myers injury attorney

Avoiding Fort Myers Injury on New Year’s Eve

December 28, 2016 | Associates and Bruce L. Scheiner

For many people, celebrations on New Year’s Eve are among the most highly-anticipated. There is usually exceptional food, copious drink and great company.

But there is good reason our brave first responders and hospital emergency workers brace for the holiday every year. In the midst of all these parties, there is a spike in serious injuries and illnesses directly related to the revelry. A study published in the journal Social Science & Medicine analyzed some 60 million hospital death certificates over a 25-year stretch. What they found was that, on average, 42,325 more people than expected died during the two weeks between Christmas Day and New Year’s Day, with New Year’s Day having the highest fatality rate of any day of the year.

These reported incidents weren’t solely due to drunken driving accidents, but those certainly didn’t help. Even when people suffered from health-related ailments, authors speculated the death rates were higher during this time because people delayed seeking treatment due to the holidays. Continue reading ›

Piotrowski v. Menard, Inc. – Parking Lot Fall Highlights Injury Case Proof Standards

December 16, 2016 | Associates and Bruce L. Scheiner

Holiday shopping is seen by some as an enjoyable way to get into the seasonal spirit. Others view it as more of a stressful chore. But in both cases, it should be safe. Unfortunately, our Fort Myers injury attorneys have seen too many cases of holiday shoppers suffering some type of injury due to a failure by property owners, managers or employees to keep the site free of unreasonable hazards.

These dangers might include:

Perilously-stacked merchandise;
Slippery floors;
Poorly illuminated parking lots;
Broken stairs;
Uneven sidewalks;
Inadequate security;
Cluttered aisles.

These incidents can result in serious – and sometimes disabling – injuries to shoppers. Yes, customers do have a responsibility to be on the lookout for obvious dangers and to avoid them using reasonable care. But as part of a legal classification of visitors known as “business invitees,” shoppers are owed the highest duty of care under the law. That means property owners must not only avoid creating hazards and address them when they become known, but also to regularly inspect the site for them. Continue reading ›

The Major Fall: Leonard Cohen Dies of Fall, a High Risk for Elderly

December 13, 2016 | Associates and Bruce L. Scheiner

Leonard Cohen, a Canadian singer, songwriter, poet, novelist and painter, was reportedly at peace with the idea of death, hoping only it wouldn’t be too “uncomfortable.” The icon, author of “Hallelujah,” died in his sleep last month. However, his manager later revealed that the 82-year-old’s death may have been linked to an earlier fall, which he had suffered prior to his death.

With our population living longer, the threat of a serious fall affects an increasing number of us. Although many of us tend not to think of falls as being all that serious, the reality is falls are the No. 1 cause of accidental death in the elderly. In fact, the U.S. Centers for Disease Control and Prevention reports the incidence rate has climbed steadily in the last 10 years. Often, falls are not just painful in the immediate aftermath, but also for months and even years afterward.

The Journal of Trauma and Acute Care Surgery reports the 1-year mortality rate for over-65 patients admitted to the hospital following a fall is 33 percent. Many times, a bad fall that results in an elderly person being admitted to the hospital can have a prognosis that is as poor as some stage IV cancers. Of course, those who are hospitalized are more likely to have higher rates of mortality as it is, because they are older and have a number of other serious conditions. But comparatively, the one-year mortality rate for older patients admitted with pneumonia is about 20 percent. Continue reading ›

Elderly Couple Die in Fort Myers Crash on Way to Church

November 26, 2016 | Associates and Bruce L. Scheiner

An elderly south Fort Myers couple died in a car accident as they pulled onto Summerlin Road from their RV resort community, on their way to church. The driver of the vehicle that struck them was also injured. Investigators have concluded the 89-year-old decedent driver was at-fault in the collision.

According to The News-Press, the crash occurred around 6:30 p.m. when the driver of a 2012 Toyota tried to make a left turn onto Summerlin Road from M-Street, the primary entrance/exit to Siesta Bay RV Resort. He apparently misjudged the time he had to safely clear oncoming traffic and pulled into the path of a driver operating a 2007 Infiniti. Both occupants of the Toyota, the driver and his 87-year-old wife of 60 years, were rushed to a nearby hospital, where she was pronounced dead right away. he died shortly thereafter. The Infiniti driver also had injuries, though is expected to make a recovery.

The collision is still under investigation, but authorities have said that speed and alcohol are not suspected to have been factors. Decedent driver’s brother called the crash a bad mistake. He said his brother didn’t see the other vehicle as it approached. Reporters with Wink News spoke to several residents at the resort, who say they have expressed concerns that the intersection of Summerlin and M Street isn’t safe. There is no traffic light that gives those exiting the neighborhood an opportunity to safely enter traffic, which zooms by at 45 mph (or more, depending on whether motorists are obeying the speed limit). Continue reading ›

Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits

July 20, 2016 | Associates and Bruce L. Scheiner

The U.S. District Court in the Eastern District of Pennsylvania has ruled that the $900,000 limit and the amount of premiums paid for an underinsured motorist policy is irrelevant to a claim for benefits and breach of contract. As such, that evidence was excluded from trial.

In Lucca v. GEICO, plaintiff suffered injuries after he was involved in a car accident caused by the negligence of another driver.

At-fault driver had a $100,000 bodily injury policy. However, plaintiff alleged this was insufficient to cover all his damages. His car at the time was insured by defendant GEICO. Continue reading ›

Virtual Reality of Pokemon Go App Creates Real-World Liability Questions

July 15, 2016 | Associates and Bruce L. Scheiner

To anyone looking on, it may have seemed like some kind of odd drug epidemic had swept South Florida. Dozens or even hundreds of people, wandering seemingly aimlessly around local parks, public libraries and college campuses.

Cape Coral Police Officer Ray Schilke first got wind of the phenomenon when he got a call of a suspicious person. The man was driving slowly through the park. “He looks like he’s watching people,” the caller told dispatch.

“That’s when things got a little bit hairy,” Schilke said in a now popular video. “He was playing Pokemon Go, and he was like 25-years-old.” Continue reading ›

Carter v. Kern High School District: $10M for Student Mascot Injury

July 7, 2016 | Associates and Bruce L. Scheiner

A school district in California agreed to pay $10.5 million to a former student who suffered a brain injury after he was violently mobbed by classmates while dressed in a mock mascot uniform of the rival team.The traumatic brain injury occurred after the student begged school administrators to let him take the chicken suit off after he’d suffered an initial beating while wearing it. School officials, however, coerced him to go back out with it.

In Carter v. Kern High School District, the 24-year-old plaintiff, just 17 at the time of the 2010 attack, asserted he wore the chicken suit to the pep rally to make fun of the rival team. When he first did so, he was attacked by two students. He went to the school activities director, who forced him to continue wearing it by threatening him with having to pay the $75 rental fee if he refused to keep it on. He did as he was told.

However, during the rally, a number of students – including several of the school football players – dog piled up on top of him. He was hit, kicked and punched. It was supposed to be a “mock fight,” so officials never stepped in to intervene. After suffering a traumatic brain injury, plaintiff had to spend six months in a brain injury treatment center. He lost out on his senior year of high school. His classmates surpassed him in heading off to college. He continues to suffer the effects of the brain injury. His medical costs are expected to reach more than $5 million in the course of his life. The attack reportedly also damaged his pituitary gland, and he will be required to take growth hormones for the rest of his life. He also reportedly will require special education classes and ongoing therapy. Continue reading ›

Six Concussion Lawsuits Against Colleges, NCAA

June 22, 2016 | Associates and Bruce L. Scheiner

Half a dozen concussion lawsuits have been filed against colleges and the National Collegiate Athletic Association (NCAA), claiming negligence for the handling of their sports-related head injuries.

According to The New York Times, this marks the latest effort by former college athletes who are seeking financial compensation for what they say are the lasting effects they suffered as a result of undiagnosed and improperly treated concussions. The lawsuits name Penn State, Vanderbilt, Auburn, Georgia, Oregon and Utah, as well as three major football conferences: the Southeastern Conference, the Big Ten and Pacific-12.

These lawsuits follow a proposed federal class action settlement covering all collegiate athletes who suffered concussion-related head injuries and the NCAA. However, that settlement, later approved by a federal judge, only included updated safety protocols – no actual payments made to former players. It did include setting aside $70 million for medical screenings of former college athletes. Continue reading ›

Florida Texting and Driving Law Lacks Leverage

June 2, 2016 | Associates and Bruce L. Scheiner

It’s common knowledge that distracted driving is dangerous. Yet that doesn’t seem to deter Floridians from injuring and killing each while distracted by smart phones or other technology.

A recent analysis by The Palm Beach Post found that between 2012 and 2015, the number of distracted driving crashes in that county spiked 30 percent. That’s according to the Florida Department of Highway Safety and Motor Vehicles. It’s worth pointing out that those distracted driving accidents are only the ones about which we know. Almost certainly, the numbers are much higher because distraction at the time of impact is not easily measured or often reported.

“No one is going to tell (the cops), ‘Hey, I was on the phone,’ or ‘I was texting and driving and caused that crash.’ That’s not going to happen,” said Florida Rep. Irv Slosberg, D-Boca Raton. Slosberg and some of his colleagues have been pressing for a tougher Florida texting and driving law that might serve as an effective deterrent. Continue reading ›

Brewer v. State Farm Mutual Auto Ins. Co. – “Excessive” Punitive Damages

May 20, 2016 | Associates and Bruce L. Scheiner

Punitive damages can be awarded in Florida personal injury and wrongful death lawsuits in which a defendant acted with gross negligence or intentional misconduct. The definitions of these terms are set forth in F.S. 768.72.

But while punitive damages may substantially increase the amount of a certain damage award, the Fourteenth Amendment blocks these awards from being “grossly excessive.” But what does that mean? There is no dollar figure that establishes what is “grossly excessive,” which means the courts have to interpret legislative intent and rely on prior case law.

One Florida injury case where this became necessary was State Farm Mutual Auto Insurance Company v. Brewer, recently before the Florida’s Second District Court of Appeals. In this case, defendant and his insurer sought review of a final judgment entered in favor of plaintiffs in an injury case arising out of an automobile accident. The court affirmed judgment in favor of plaintiffs as well as the compensatory damages awarded. However, with regard to punitive damages, the court ruled the award was excessive to the point of being unconstitutional. For this reason, the court reversed and remanded for further proceedings. Continue reading ›