South Florida Personal Injury Lawyers

A building fire lawsuit against Chicago city officials and other defendants has been settled for $100 million, one of the largest settlements the city has ever seen.

The money will be divided among 22 plaintiffs, with individual settlements ranging from $159,000 to $11.7 million depending on various factors such as severity of injuries and loss of earnings.

Plaintiffs in the case include the families of six office employees who died during the 2003 blaze and 16 who suffered injuries.

The Chicago Fire Department and the building management company were both criticized in the wake of the fire, which happened at the Cook County Administration Building on Washington St.

Victims were trapped in a smoke-filled stairwell with no route for escape. The defendants admitted no wrongdoing under the terms of the settlement, but an attorney in the case said the numbers speak for themselves.

The defendants have agreed to pay as follows: The city is responsible for $50 million of the settlement, and other defendants including the building management company and Cook County will pay the remaining $50 million.

A shark expert says an autopsy has confirmed a great white killed a triathlete in the waters off San Diego County last week.

An investigator from the Medical Examiner’s Office says two shark’s tooth fragments were recovered from David Martin’s body.

Los Angeles-area shark expert Ralph Collier assisted with the autopsy. He said Monday the fragments indicate the shark was a great white 15 to 16 feet long.

Martin was bitten Friday morning while training for a triathlon. The 66-year-old quickly died from blood loss.

A police officer was injured during the arrest of an out-of-control driver on the Florida International University campus on graduation day Tuesday, authorities said.

FIU officials said the campus police department received a call reporting a man driving erratically through the FIU parking lot.

Police stopped and arrested the man, and one officer was injured during the process.

Witnesses said the driver of the car put up a fight even after he was arrested.

“After they got him down, he put his head through one of the cop cars’ windows and got out again,” said Benjamin Rivera.

Both the officer and the suspect were in stable condition when they were taken to a hospital.

Plaintiff James Doherty, 37, a New York City Police Officer, was attending Bike Week in Daytona. While riding his motorcycle, a female driver attempted to make a left turn into a convenience store parking lot and collided with him. The woman, a dancer for Lollipops Gentleman’s Club, was intoxicated. Doherty’s leg was eventually amputated.

Doherty sued Daytona Grand, Inc., operating as Lollipops Gentleman’s Club and Confetti’s Club, and a John Doe Corporation. His counsel argued that the dancer got drunk at work and then was allowed to drive away.

Defense counsel contended that she never worked for the club nor had she ever been there.

Plaintiff’s counsel argued that the dancer’s testimony, in which she described the inner workings of the club, regarding pay and the location of various non-public areas of the club were evidence that she had in fact worked there.

Doherty was airlifted to a hospital where he stayed for a month. As a result of the accident he had to have his left leg amputated below the knee. Doherty now has a prosthetic leg.

He’s still a police officer but is restricted to a desk job.

Doherty was very active, playing on a Gaelic football team, he is still involved with the team, but on a coaching level.

A jury awarded Doherty $4.8 million.

Three visiting college students said they were beaten by bouncers after refusing to pay their bill at a South Beach nightclub.

Eight Club Mansion bouncers were charged with aggravated battery for allegedly beating up three spring breakers over a bar tab. Jex Fontaine, Matthew Pichardo, Manuel Gaston, Anthony Batts, Corey Robinson, Diego Bustos, Eric DaSilva and Juan Pagan-Soto were arrested.

The reported victims from the University of Delaware are planning to take legal action against the club.

“They wanted to teach them sort of a lesson of some kind,” Bo Dennis, the victims’ attorney, said.

Dennis represents the three victims: John Merryman, Sean Sweeney and Trevor Costello.

“I felt like I was completely powerless over my life,” Merryman said. “All of a sudden I feel a punch come to the side of my face and blood just exploded all over the walls.”

The students from Delaware said they were at Mansion on Thursday night and entered the VIP room, purchasing a required bottle of alcohol. After about two hours, Dennis said, a waitress told the men they had to leave VIP to allow in famous patrons.

According to Dennis, the men were told their tab was $700. When they asked to see the bill, the waitress refused and a bouncer was sent over. Eventually, the group was asked to go into an office in the back of the club. Dennis said, when they again refused to pay without seeing a written copy of the bill, several bouncers entered the office and began to beat them.

“They began to beat on the three boys, particularly John Merryman,” Dennis said. “Apparently John had worked there prior.”

“They’re like, ‘You’re going to pay the tab. You’re going to pay the tab,’” Merryman said. “We’re like, ‘We want to see the receipt.’”

Merryman described some of what happened.

“They grabbed Sean by his throat, slammed him down to the ground and took him to a back hallway until he was passed out unconscious,” Merryman said. “They kept choking him. They kicked him. Trevor tried to stand up off the couch and that’s when they side kicked him right in the side of the face.”

The victims said, after a while, they agreed to pay the $700 with a credit card. They said they were told Costello and Sweeney could leave, but the bouncers said they weren’t through with Merryman.

“He paid the bill and then continued to get beaten,” Sweeney said. “They continued to assault us after we paid the bill.”

When the two refused to leave without their friend, they said, they received further beatings.

“I was the most scared I’ve ever been in my life,” Sweeney said.

Merryman was able to push past the bouncers and out a back door, Dennis said, where he met Miami Beach police officers.

The officers entered the club and arrested the group of bouncers. The victims were treated for their injuries at Mount Sinai Medical Center.

“I know that John Merryman has a pretty severe laceration to his cheekbone,” Dennis said. “They all have black eyes and bruised ribs and things like that.”

The Opium Group, which owns Mansion, released a statement on the incident.

“We are continuing to work closely with the police regarding these unsubstantiated claims and cannot comment further as the police have not concluded their investigation,” Vanessa Menkis of the Opium Group said.

Dennis said the actions from Mansion employees shine a negative light on tourism in South Beach.

“It sends a bad message to the entire country for anybody that’s coming to South Florida,” he said. “They’re basically put on notice that this could happen to them.”

The victims have since returned to Delaware. Their attorneys plan to file suit against the club later in the week.

Miami Beach police said they have surveillance video of the entire brawl, but they’re keeping it as evidence as they continue their investigation.

Honda Motor Corporation announced on Wednesday that they are recalling 353,000 Accord sedans over possible corrosion in the windshield wiper motor due to water seepage. The corrosion could cause the electrical circuit breaker inside the motor area to fail and cause the windshield wipers to stop working—leading to a crash and/or subsequent injuries, especially in a heavy rainstorm. The recall involves Accords from the 2003 model year. Owners of this model are asked to visit a Honda dealership where dealers will inspect the windshield wiper motor and install a cover over the motor if no signs of corrosion are present. If there is corrosion, they will replace the motor. No injuries or crashes has of yet been reported.

A defective windshield wiper motor is legally classified as a dangerous or defective product. A defective product is one that causes a personal injury or illness (including physical or psychological) as a result of a defect in the product or its labeling. Products that could be potentially dangerous or defective cover a wide gamut of items including household cleaners and cleaning products, toys, automobiles, office products, health and beauty aids, medical appliances or devices, prescription pharmaceutical drugs and even everyday over-the-counter medications.

The designer, manufacturer, and others involved in the chain of commerce, including the distribution of the products that caused the injury or illness, can be held legally liable for injuries and illnesses caused by a defective product. These types of claims are typically filed as products liability lawsuits and can be brought by an individual or a class action claim.

For more information about the 2003 Accord recall, contact Honda at 800-999-1009.

On Aug. 24, 2006, plaintiff Dmitry Okraynets, 31, a carpenter, worked at South Ferry Terminal, in lower Manhattan. One of the terminal’s concrete walls was covered by an 800-pound unit of forms, and Okraynets was wearing a safety harness that was attached to the unit. Thus, he was working in an elevated position that was some 15 feet above the ground. The forms detached from the wall, and Okraynets fell to the ground. The 800-pound unit fell onto him, and he sustained spinal injuries.

Okraynets sued the terminal’s owner, the city of New York; the terminal’s operator, the Metropolitan Transportation Authority; and several of that entity’s subsidiaries, MTA Capital Construction Co., MTA New York City Transit and the New York City Transit Authority. Okraynets alleged that the defendants violated the labor law.

The city cross-claimed against the remaining defendants. It sought indemnification. However, Okraynets ultimately discontinued his claim against the city. Thus, the matter proceeded against the remaining defendants.

Okraynets’ counsel claimed that the defendants negligently failed to ensure that Okraynets’ harness was attached to a safe, secure structure. Alternatively, they contended that the defendants should have ensured that the forms were adequately attached to the wall. They claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Okraynets was not provided the proper, safe equipment that is a requirement of the statute. They also claimed that the site was not properly safeguarded and that, as such, it violated Labor Law § 241(6). They further claimed that the site violated the general safety provisions of Labor Law § 200.

Defense counsel conceded that Labor Law § 240(1) was violated. Thus, the matter proceeded to a trial that addressed damages.

Okraynets fell about 15 feet, and the 800-pound unit fell onto him. He sustained spinal fractures that included a burst fracture of his spine’s T12-L1 level. He claimed that the latter fracture severed his spine and caused permanent unstable paraplegia.

Okraynets’ physical-rehabilitation expert contended that Okraynets recently developed residual syrinx–a buildup of the spinal cord’s fluid. The expert claimed that the buildup is expanding the cervical portion of Okraynets’ spine, and he opined that the condition will gradually erode the upper extremities’ sensory ability. He contended that the condition could cause tetraplegia, but that it may be stalled by surgical drainage of the fluid.

Okraynets claimed that he suffers residual injuries that include extreme pain, incontinence of his bladder and bowel, impairment of his sleep, mental anguish, and emotional distress. He contended that he is confined to a wheelchair, that he must perform daily self-catheterizations, that he cannot resume any type of work, and that he will always require eight to 10 hours of daily, in-home assistance.

Okraynets sought recovery of his past and future medical expenses, a total of about $14 million for his past and future care-related expenses, a total of about $9 million for his past and future lost earnings and benefits, and damages for his past and future pain and suffering. His wife sought recovery of damages for her past and future loss of services.

Defense counsel contended that Mr. Okraynets suffers stable paraplegia and that his condition necessitates about two hours of daily, in-home assistance. Thus, they claimed that his past and future care-related expenses should total about $4 million. They also claimed that he does not suffer psychological sequelae.

The defense’s physical-rehabilitation expert opined that diagnostic tests indicated that Okraynets’ syrinx is not progressive or symptomatic. She claimed that Okraynets’ treating neurologist shared that diagnosis.

The jury found that the plaintiffs’ damages totaled $44,706,444.

Dmitry Okraynets

$498,376 Personal Injury: Past Medical Cost

$129,150 Personal Injury: Past Lost Earnings Capability

$5,000,000 Personal Injury: Past Pain And Suffering

$53,049 Personal Injury: past loss of fringe benefits

$15,000,000 Personal Injury: future pain and suffering (39 years)

$5,261,135 Personal Injury: future lost earnings (30 years)

$4,214,734 Personal Injury: future loss of fringe benefits (30 years)

$2,100,000 Personal Injury: future medical costs (39 years)

$1,000,000 Personal Injury: future cost of medication (39 years)

$4,250,000 Personal Injury: future health-care expenses (39 years)

$700,000 Commercial: home modifications and transportation (39 years)

$1,500,000 Commercial: future cost of adaptive equipment, personal care & supplies (39 years)

Tatania Okraynets

$1,000,000 Personal Injury: Past Loss Of Services

$4,000,000 Personal Injury: future loss of services (39 years)

Defense counsel contended that the pain-and-suffering awards were excessive, that the future damages erroneously include inflation-based enhancements, that the lost-earnings awards must be subject to the application of collateral-source offsets, and that the future-medical-expenses and future-care-related-expenses awards must be subject to the application of insurance-related offsets. They have indicated that they will move for remittitur and/or a new trial.

The driver of a Honda Civic had to be extricated from his vehicle Tuesday morning after a tractor-trailer overturned and landed on the car.

It happened at about 6:30 a.m. on University Drive near the Broward County-Miami-Dade County line, just north of Dolphin Stadium.

Rescue crews had to cut the driver out of the car after his legs were pinned beneath the wreckage.

He was eventually freed from the wreckage and taken by ambulance to Memorial Regional Hospital in Hollywood, where he is listed in stable condition.

The driver of the tractor-trailer was unharmed.

A high-speed passenger train jumped its tracks and slammed into another train in eastern China on Monday, killing at least 70 people and injuring more than 400. Authorities were quoted as saying human error was to blame.

The death toll could rise, with 70 people hospitalized in critical condition after the pre-dawn crash in a rural part of Shandong province, the official Xinhua News Agency said.

It said a total of 420 people had been hurt in China’s worst train accident in a decade. No foreigners were among the dead.

Xinhua said investigators had ruled out terrorism as a cause of the crash. Its English report said it was human error, while its Chinese-language report attributed the crash to negligence, without giving other details.

Xinhua said two high-ranking railway officials in Shandong had been fired.

The crash just before the May Day long weekend holiday happened when a train traveling from Beijing to Qingdao — site of the sailing competition during the Olympics in August — derailed and hit a second passenger train just before dawn. Nine of the first train’s carriages were knocked into a dirt ditch, Railway Ministry spokesman Wang Yongping said in a statement.

The second train on its way from Yantai in Shandong to Xuzhou in eastern Jiangsu province was knocked off its tracks although it stayed upright. News photos showed several of its carriages sitting across the train tracks just outside the city of Zibo.

Wal-mart and the Consumer Product Safety Commission (CPSC) recalled a keychain last week that contained an excessive amount of lead.  The recalled keychain is believed to be responsible for an Illinois infant girl’s lead poisoning.  An Ashland University Professor is now claiming that he warned the CPSC in 2006 about the lead in the keychain and that they did nothing with the information.

Weidenhamer, known for exposing high lead levels and triggering recalls for inexpensive consumer goods such as Halloween and Easter trinkets, purchased two different Hip Charm keychains from Wal-Mart in Ontario, Ohio, near Mansfield, in 2006. He tested them, along with metal jewelry items from various stores in several states, and prepared a study that was published in Chemosphere, an environmental chemistry journal. Then he alerted the Consumer Product Safety Commission in December 2006 to more than 70 items with excessive lead content.

About 20 of the items were subsequently recalled, he says, but not the Hip Charm keychain even though his tests found more than 80 percent lead by weight in several of the charms. That’s much higher than the usual government standard of .06 percent lead by weight.

The little girl that prompted the recall, had a blood test at her doctor’s office that revealed the high lead level.  An investigator was sent to her home to discover the source of the lead poisoning.  While there the girl was mouthing her mother’s keychain.  The keychain was then tested and found to contain more than 69 percent lead by weight.  The professor maintains children could have been saved from lead poisoning if the CPSC had investigated his report.  Lead poisoning causes brain damage.