South Florida Personal Injury Lawyers

According to the National Highway Traffic Safety Administration (NHTSA), there have been an average of 41,000 highway fatalities in the United States per year since 1993. Sadly, a great many of these deaths could have easily been avoided.

Here are some dos and don’ts that can help minimize your chances of becoming a statistic.

DOs

Do check your vehicle regularly: Driving a car isn’t as simple as just starting the engine and going. A car is a complex piece of machinery that requires regular maintenance. The best time to check your mirrors, tires, brakes, lights, and windshield washer fluid is at the gas station. Think about it — you’re there about once a week, and what else are you going to do while filling up?

Do leave yourself an out: An out is a safe move that you can make should the worst happen. In practical terms, that means making sure that you have as much space as possible to maneuver your car if you need to do so quickly. For the most part, this consists of keeping people out of your blind spot and steering clear of the wall. This obviously isn’t an option in heavy traffic, but then again, there isn’t as much risk in heavy traffic because of the slow speed.

Do scan far ahead: Looking only at the car ahead of you won’t sufficiently prepare you for dangers further down the road. By scanning as far ahead as possible, you’ll give yourself the maximum amount of time to react. The key is to always keep your eyes moving. When you fix your eyes on one spot, you court danger.

Do use your hazards: Sometimes you’ll encounter a sudden obstruction on the highway. Once you’ve slowed down, put your flashers on. This is a great way to alert drivers behind you when they see you slowing down.

Do beware of precipitation: At the first drop of rain or snow, water gets in contact with oil residue on the road and forms a slippery surface. Watch your speed. If it hasn’t rained or snowed in a long time, there will be all the more oil on the road to contend with. The oil/water reaction aside, high-speed driving is never safe in wet conditions because of hydroplaning.

Do print easy-to-read directions: Familiarize yourself with your route beforehand , not while you’re in the middle of driving it. If you need to consult a map or follow specific directions, print them in a large font and place them somewhere that’s easily accessible. Pull over if you need to look at it more carefully. Always be aware of your position on the map.

Do use a hands-free headset: Whether you’re driving a manual or an automatic, you need both of your hands. You may be tempted to talk on the phone, but you need to be careful. Using a hands-free device will allow you to keep your attention where it belongs. Even if you are still a little distracted while using such a device, you can at least use both hands to drive. Nevertheless, keep phone calls brief — there’s still the danger of getting lost in a conversation. Pull over if you need to talk longer.

Do make proper lane changes: Always pass cars on the left and check your blind spots. It’s tempting to drive like a NASCAR driver out there, but remember, it’s not a game. If you follow the rules, you decrease your chances of being in an accident.

Do use your flashers: As trivial as it seems, a good amount of accidents could have been avoided had drivers simply indicated their turns. Flashers alert other drivers to your intention, and people do respond.

Do be alert in parking lots: You may not be going fast enough to get hurt, but an accident in a parking lot can still ruin your day — and hurt your insurance rating. Parking lots leave you particularly vulnerable to risk because of the competition for spots and the limited vision. The best advice is to drive slowly. Remember that getting a prime spot isn’t worth smashing your ride up.

Do be decisive: Driving is a time to focus on driving, not where you’re going to eat, shop or what route you’ll take. Plan those things ahead of time and avoid accidents caused by indecision. If you try to plan while on the road, your driving will be affected and you’ll impede traffic. This, in turn, could cause an accident.

DON’Ts
Don’t eat or drink while driving: There are two problems with eating. First, it keeps you from using both hands. Second, you lose your inability to focus — if you need to drop those fries to avoid a collision, will you have time to? The best advice is to forget about eating your hamburger and drinking your coffee. If you really need to ingest something, stick to easy-to-eat foods like snack bars and bottled water.

Don’t smoke: Like eating and using your cell phone, smoking limits your movement and thus your ability to operate a vehicle. But cigarettes carry another risk as well: Imagine what would happen if you dropped your smoke. Driving is hard enough without having to put out fires simultaneously.

Don’t keep loose objects in your car: A messy car can make for a messy accident. Golf clubs, for example, could be a hazard if you have to brake quickly. Other objects could slide or roll under your brake pedal. At best, you’ll have to keep an eye on things as they slide about your car, which means you won’t be able to give your full attention to the road. At worst, one of those same things could cause you to lose control of the car.

Don’t tailgate: Always stay at least one car length behind the vehicle in front of you. While driving, you should be able to see the back tires of the car in front of you. If you’re traveling at a higher speed, maintain a further distance, enough so that you can see its side mirrors. The general rule is, the more you can spare, the better.

If you’re the one being tailgated, don’t slam on the brakes to try to teach the guy a lesson. Why run the risk of him hitting you? The best policy is to signal to him to go around; the further away you are from him, the better. He’ll eventually get the message.

Don’t remain in someone’s blind spot: Most drivers can’t see in the area between their side mirror and their rear view mirror, which is why you’re supposed to swivel your head before changing lanes. Sitting in that blind spot is the equivalent of begging for an accident. Instead, remember to keep consistent spacing between you and other vehicles.

Don’t assume that trucks drive like cars: It’s never a good idea to cut in front of any vehicle, but when it’s a truck, you’re running a serious risk. As trucks are so much bigger, they need much more room to stop than your typical car. You’re not likely to survive a collision with a truck, so keep your distance and respect their power.

Don’t play loud music: Driving requires the use of your ears as well as your eyes. You should be able to hear the other cars and the traffic, especially sirens. With loud music on, you deprive yourself of a critical tool.

Don’t fool around: You’ve seen it in movies a thousand times, and you may have even tried it with your own lady once or twice. But fooling around while driving is just plain stupid. You want the blood circulating in your other head so you can react quickly. 

Don’t drive when you’re tired: If you’re dead tired but really need to drive, take a quick nap beforehand. Drive with your window open. Have an energy drink or coffee (as many as you need). Driving when you’re tired is like driving under the influence — you’re not in total control of your abilities. Avoid it.

Don’t commit intersection errors: A modern intersection can be a dangerous place. Cars can move in eight different directions, counting the turn arrows. You’ll want to proceed with an abundance of caution. Make a complete stop, look in all directions and give the proper right of way. Also, don’t rush to get off at the green light; there may be another car running to beat the red light in the other direction.

If you know about a stop sign that people frequently run, factor that information into your driving habits. Proceed with more caution at those intersections close to home, where you know people have a tendency to be cavalier.

Don’t give in to road rage: Don’t drive when you’re angry or emotional. The road can be a stressful place and road rage is a real problem — plus, you never know how the other guy will react. You may be mad, but you don’t want to spend your day talking to the cops.

DRIVE SAFE

It’s easy to forget that driving is serious business. Too often we think of our car as just a toy. It’s more than that. A car is a dangerous object that must be used appropriately and with caution at all times.

By remembering that driving is a job and a responsibility, you’ll keep yourself from falling victim to the bad habits that cause most accidents.

Ballard’s Farm Sausage Inc. said it is recalling its egg salad in 17 states, including Florida, because of possible contamination.

The company said Saturday tests showed mixed results for Listeria monocytogenes. The bacterium can cause serious or fatal infections in young children or elderly people. It also can cause miscarriages and stillbirths in pregnant women.

Ballard’s President David Ballard said the company has temporarily suspended producing egg salad while it investigates the contamination. Consumers can return the 12-ounce containers of egg salad for a refund.

The company did not say where the containers were sold.

The states involved in the recall are Alabama, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, New York, New Jersey, North and South Carolina, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia.

A lot of older woman who have developed breast cancer are not being properly diagnosed or treated, particularly in community hospitals and clinics, states a new report published in the Archives of Surgery.

A Growing Problem

This problem is raising increased concern as the rate of breast cancer continues to grow in the United States. Nearly 50 percent of breast cancer patients are 65 and older, and about 35 percent are over 70. Furthermore, researchers report that 77 percent of fatalities from breast cancer occur in woman over 55.

However, many older women—especially those over 70—are frequently underdiagnosed or under-treated for their disease. This occurrence may be because many older patients have other severe life-threatening conditions, or because of the confusion over the mammogram screening guidelines, which has suggested woman stop getting mammograms at 70.

What Researchers Found

Researchers at Michigan State University evaluated the medical records of over 350 breast cancer patients over 70 who were diagnosed in a hospital between 1992 and 2002.

They found that 46 percent of the breast cancer cases were spotted during physical examinations, and that mammograms were only conducted to verify the results. Mammograms only detected 54 percent of undiagnosed cancer.

Furthermore, 36 percent of the breast cancer patients and 56 percent older than 80 were never examined to check if the disease had metastasized to their lymph nodes—a medical mistake that could lead to severe patient harm.

As far as breast cancer treatment, researchers found that the number of women who received radiation treatment, chemotherapy, and hormonal therapy after a breast-conserving surgery was far lower that expected, the lowest rate being among the oldest patients.

“There are misconceptions by the public and the medical community that it’s okay to omit certain diagnostic tests or treatments in older patients,” said researcher Dr. David A. Litvak.

“The bottom line is that we really have to start individualizing the care of older patients,” he added. “It doesn’t make sense to have a cap on mammograms for age. It should be based on the patient’s overall health and their life expectancy. The same is true for treatment.”

Two Brooklyn doctors who performed surgery on a Huguenot man to correct his ailment only made it worse, a jury has decided.

The panel awarded Brian Baslin, a former exterminator, $3,938,540 in a decision handed down before Justice Joseph Levine in Brooklyn Supreme Court, according to the victim’s attorney, Richard J. Sgarlato of the Sunnyside firm of Sgarlato & Sgarlato.

“This is an excellent result,” said Sgarlato, who added that he had initially offered a $2 million settlement.

The lump sum will be paid by Maimonides Medical Center, which cannot appeal the decision, according to Sgarlato.

However, Dr. Enrico Ascher, chief of the vascular surgery service at the hospital and the operating surgeon, and Dr. Sreedhar Kallakuri, who assisted in the procedure, will be dropped from the lawsuit, even though the jury found them guilty of malpractice, Sgarlato added.

“No amount of money could make me feel the way I felt in court today, to hear that these doctors were guilty [of malpractice],” said Baslin. “I believe that justice was done.”

Baslin’s troubles began in February 2002 when he was diagnosed with a condition called “arcuate ligament syndrome,” in which a ligament connected to the diaphragm compresses the celiac artery, which provides blood to the stomach, intestines, and other organs. Consequently, Baslin suffered from severe diarrhea, nausea, vomiting and dramatic weight loss.

A surgical procedure performed on March 1, 2002, by Drs. Ascher and Kallakuri at Maimonides was supposed to release the compression, but Baslin continued to feel extreme discomfort.

In May 2002, Baslin had another operation performed at Beth Israel Deaconess Medical Center in Boston.

However, because scar tissue from the original surgery at Maimonides was so dense, the new surgeon couldn’t get access to the artery, forcing him to graft veins from Baslin’s legs for a bypass.

Although that tactic provided some relief, the bypass graft eventually failed and Baslin required three more operations.

“He’s getting blood flow, but it’s not adequate,” Sgarlato said.

Baslin now suffers from incisional hernias at the surgery site because of the repeated procedures, as well as weakness in his abdomen, urinary tract problems, and nerve damage secondary to the vein removal from his legs, which requires him to walk with a cane.

Baslin also has developed an eating disorder and suffers from osteoporosis, which puts him at an increased risk for bone fractures.

For 13 years, Baslin was an exterminator, with valid licenses in numerous northeastern states.

However, next month he likely will be unable to renew his licenses because of his medical problems.

“He can’t work anymore,” said Sgarlato. “He should have been fine.”

In 2006, plaintiff Richard Jones, 67, a retired pipe fitter, was diagnosed with mesothelioma. For less than five months in 1966, he worked at the ExxonMobil Oil Refinery in Torrance.Jones claimed that he suffered an asbestos-related disease from a 35-year career as a pipe fitter, which included his time at the ExxonMobil Oil Refinery. He sued ExxonMobil Oil Corp. for exposure to the asbestos hazard that it knew existed.Jones alleged that ExxonMobil Oil Corp. negligently allowed others to expose Jones to asbestos dust when he worked at the refinery for two or three independent contractors during an expansion project in 1966. Jones argued that insulators working around his crew would have disturbed asbestos containing insulation.

The defense denied liability.

ExxonMobil Oil Corp. argued that it neither retained nor exercised control over the area in which Jones worked, and that its programs for dust control were among the best being used in the mid-1960’s.

Defense counsel argued that while asbestos materials were used at the refinery, there was no specific evidence that Jones’ work at the refinery involved asbestos exposure.

Defense counsel noted that Jones admitted that he had spent about 10 years of his career working with crocidolite in cement pipes. All experts agreed crocidolite is the most potent form of asbestos for causing mesothelioma, and that a few months of such exposure would be sufficient to cause mesothelioma.

Jones suffers from mesothelioma. He was diagnosed in 2006. Having no cure, mesothelioma causes shortness of breath, chest pain and other ailments, due to an increased amount of fluid that enters the lungs. His condition is only expected to get worse and Jones will most likely die from it.

Jones sought economic damages of approximately $800,000.

His wife claimed loss of consortium.

The jury found that ExxonMobil Oil Corp. was not negligent on all charges against them.

A federal judge in a sport utility ran into a police officer directing traffic in the rain, critically injuring the officer, authorities said Thursday.New Haven police Chief Francisco Ortiz said Senior Judge John M. Walker was “very much distraught” over the Tuesday night crash.

Officer Dan Picagli, 38, was in critical condition Thursday at Yale-New Haven Hospital. He had been wearing a black raincoat and a reflective vest when he was hit, Ortiz said.

Ortiz said Walker is cooperating, and police did not feel it was necessary to test him for drugs or alcohol.

Walker, 65, stepped down this month as chief judge of the 2nd U.S. Circuit Court of Appeals but he maintains court chambers in New Haven. He was appointed to the New York-based court in 1989 by President George H.W. Bush, who is a cousin of the judge.

A panda cub bit off part of the thumb of an American visitor who was feeding it at a reserve in southwest China, state media said Thursday.The 50-year-old woman, identified only as Lisa, had registered in the Wolong Giant Panda Protection and Research Center in Sichuan province as a volunteer, the official Xinhua News Agency said.

She was wearing gloves and feeding the panda bamboo on Tuesday morning when “suddenly, the panda bit into her thumb,” Xinhua said.

“When she cried out, the cub became excited and gripped more tightly,” it said. “Lisa finally managed to wrench herself free.”

About 20 percent of the thumb had been bitten off, Xinhua said.

A man who answered the telephone at the center’s administrative office said it had no comment.

The center has been recruiting volunteers since 2004 for stints that last from one day to more than a month, Zhang Hemin, the center’s director, was quoted as saying. They can prepare food, feed pandas under supervision and clear the enclosure with the help of professional keepers, he said.

More than 1,200 volunteers from America, Japan, Switzerland, France and Spain have already worked in the center, Xinhua said.

Last month, a drunken Chinese tourist bit a panda at the Beijing Zoo after the animal attacked him when he jumped into the enclosure and tried to hug it.

Although the number of new sidewalk claims has steadily declined from a record high of 4,520 in FY’96, to 3267 in FY2002, sidewalk claims still rank as the number one claim type filed. While the number of new claims filed has been decreasing, the total amounts paid out have increased steadily. In FY’96 48.4 million dollars was paid in sidewalk settlements and judgments, rising to a high of 76.8 million dollars in 2001. Although the number of new claims is declining, and the average dollar amount per settlement or judgment is also declining, the total dollars paid out is rising because of the growing number of backlog claims. Please note that a significant decline appears to have occurred in FY’02 where our Office estimates that 53 million dollars will be paid out. Prior to 1997, the Comptroller’s Office rarely settled claims involving personal injury. Unlike most insurers, the City settled virtually all personal injury claims after litigation commenced. This resulted in significant increases in the City’s litigation backlog (which reached approximately 70,000) cases and the doubling of overall claim expenses since 1991. As a result of the 1997 Price Waterhouse Claims and Litigation Practices Study recommendations, and funding received from the City Council, the Comptroller’s Office created a pilot program focusing exclusively on claims arising from injuries allegedly sustained because of defective sidewalks. We believe this program has been responsible for some of the drop experienced in the filing of new claims and the average dollar amounts paid out. As a result of the pilot program, the time needed to investigate a claim has decreased sharply and allowed the City to make offers of settlement for meritorious claims prior to the start of expensive litigation. The early expectation that notice would be provided by concerned citizens and community groups was incorrect, as most “notice” is provided by the Big Apple Pothole and Sidewalk Protection Corporation, more commonly referred to as “Big Apple”, a nonprofit corporation established by the New York State Trial Lawyers Association. Big Apple’s primary purpose is to provide notice of defects to the Department of Transportation. Big Apple’s surveyors walk the City’s sidewalks in search of defects and record defects on pre-existing maps. Upon completion, the maps are delivered to DOT, thereby satisfying the technical requirement of “Prior Written Notice”. Big Apple has the entire City mapped yearly, resulting in thousands of such maps, each superceding the previously filed map, with hundreds of thousands of symbols, being delivered to the DOT. Big Apple maintains its operations by charging fees to lawyers requesting a search of its maps to see if the City may have received prior notice of a particular sidewalk defect. Additional fees are charged for providing copies of maps and for providing witnesses to explain the maps and the symbols utilized. This current system creates a great incentive for Big Apple to list as many defects as possible with no practical method for the City to verify each and every defect listed. Should the City fail to repair a “noticed” defect within 15 days, the City becomes liable for any injury occurring as a result of a fall “proximately caused” by that defect. Further, the lack of definition of what constitutes a “defect”, “danger”, or “obstruction” in the Prior Written Notice Law has undermined the intent of the statute and at times defied common sense expectations of what any reasonable person could expect the condition of a city sidewalk to be in, or an individual’s own responsibility to exercise care when walking on a City street. Finally, in the lawsuit process, Big Apple’s maps have been judicially held to serve as legally sufficient written notice to comply with the technical requirements of the current law. That technical notice, coupled with some injury, is sufficient to establish the City’s liability, without more evidence that a defect actually existed of which the City received adequate notice.

Improperly erected scaffolding and failure to train workers on the hazards of working with scaffolding which resulted in the deaths of five workers and injuries to ten more on October 24, 2001, has resulted in citations against three New York contractors—Nesa, Inc, Tri-State Scaffolding & Equipment Supplies, Inc., and New Millennium Restoration & Contracting Corp.—and $159,350 in penalties, according to the U.S. Labor Department’s Occupational Safety and Health Administration.“Aggressive action is necessary against employers who willfully disregard worker protections. This case resulted in the deaths of innocent workers,” said U.S. Secretary of Labor Elaine L. Chao. “These penalties should serve as notice to Nesa, Inc., Tri-State Scaffolding, and New Millennium Restoration to take immediate corrective action to ensure that no such tragedy occurs again under their supervision.”

The scaffolding accident took place at 210 Park Avenue South in Manhattan, at a building that was undergoing restoration. Nesa, Inc. was the general contractor on the project; Tri-State Scaffolding was hired by Nesa, Inc. to build the scaffolding; and New Millennium was hired by a DPA, a subcontractor of Nesa, Inc., to perform the demolition and restoration work. The scaffolding, approximately 160 feet high from bottom baseplate to the top, collapsed at approximately 4:00 p.m. on October 24, killing five employees and injuring ten more. Approximately 300 police and fire rescuers responded to the collapse. Killed in the accident were Manuel Barrariso, 40; Ivan Pillacela, 30; Efrain Gonzalez, 26; Donato Conde, 19; and Cesar F. Tenesaca, 25.

“Employers should take this enforcement action as a clear indication that OSHA remains committed to vigorous enforcement of construction safety standards,” said Assistant Secretary of Occupational Safety and Health John L. Henshaw. “The tragic deaths of these workers show us that some workplaces still remain are dangerous and unsafe, including places where Hispanic and other immigrant workers are employed. We are committed to assuring that all workers are provided safety and health protections.”

OSHA has proposed two alleged willful and four alleged serious citations for Tri-State Scaffolding, with a proposed penalty of $146,600, for erection of a scaffold that violated scaffold safety rules; for erecting a scaffold not designed by a professional engineer; and other violations of scaffolding and worker protection rules. Serious citations, with a proposed penalty of $9,750, have been proposed for New Millennium Restoration, including failure to train employees on various hazards, failure to require personal protective equipment, and other violations of safety and health protections. Serious citations with a proposed penalty of $3,000 have also been proposed against Nesa, Inc., for not providing falling object protection and failure to brace scaffold frames.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A serious violation is one where there is a substantial probability that death or serious harm could result and the employer knew, or should have known, of the hazard. The employers have 15 working days to contest OSHA’s citations and proposed penalties.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Playskool, of Pawtucket, R.I., is voluntarily recalling about 255,000 Team Talkin’ Tool Bench toys following the deaths of two young children.Playskool received reports that a 19-month-old boy from Martinsburg, W.V., and a 2-year-old boy from League City, Texas, suffocated when oversized, plastic toy nails sold with the tool bench toys became forcefully lodged in their throats. Though the toy nails are not considered a small-part, and the toys are intended for children age 3 and older, Playskool is voluntarily conducting a recall as a precaution to prevent additional incidents.

The Team Talkin’ Tool Bench™ is a 20-inch tall plastic toy tool bench with an animated red toy saw, a yellow toy drill and a blue toy vice. The toy talks and makes various sound effects, including tool sounds. The product also includes a toy hammer, screwdriver, two 2¼-inch plastic screws, two 3-inch plastic nails and pieces to build a small toy plane. The red Playskool logo is on the front of the brown surface of the tool bench.

The toy was sold at Toys R Us, Wal-Mart, Target, KB Toys stores and various other stores nationwide from October 2005 through September 2006 for about $35.

Consumers should immediately take the two toy nails away from children and contact Playskool to get information on returning the nails for a $50 certificate for a Playskool (or its related companies’) product.