South Florida Personal Injury Lawyers

A Broadway veteran plans to sue Disney after a nasty spill at “The Little Mermaid” sent him from under the sea to under the knife.

Adrain Bailey’s plunge through an open trapdoor in a boat 30 to 40 feet above the stage last Saturday landed him in intensive care, his lawyer said, and shattered much more than just his wrists, as Disney, the show’s producer, first reported.

“There’s an expression that somebody broke every bone in his body,” said attorney Mark Manus. “Well, this is pretty close.”

Bailey, 51, suffered a broken back, a shattered pelvis, a fractured sternum, multiple broken ribs, a fractured foot and broken wrists that have already been operated on four times, Manus said.

In a petition filed in Manhattan Supreme Court, Bailey asks for an order to preserve the boat scenery so it will be available for his planned lawsuit.

The actor, who has appeared in the Broadway musicals “Smokey Joe’s Cafe” and the revival of “La Cage aux Folles,” among others, was getting into place for the opening scene of “Mermaid” when he fell through the trapdoor on the set suspended over the stage at the Lunt-Fontanne Theatre.

“We have launched a thorough investigation of the circumstances related to this incident and will continue making the safety of our company members a top priority,” said Disney spokesman Joe Quenqua.

In a statement, Disney officials said their “hearts go out to Adrian” but that they would not release more information on his condition.

Bailey remains in the intensive care unit at Bellevue Hospital, Manus said.

“The stage was his love,” said Bailey’s sister, Angela Robertson. “We are so concerned he won’t be able to return to that.”

Bailey was an ensemble player in “Mermaid,” the kid-friendly tale of a singing sea creature and her human beau, and also understudied the role of King Triton.

“He’s lucky to be alive,” Manus said.

On Aug. 13, 1998, plaintiff’s decedent Deborah Kirk, 35, a parking lot attendant, called 911 in Franklin County at 11:06 p.m. She hung up the phone. The 911 operator called back and Kirk said everything is fine, and tells the operator it was just a domestic disagreement. Seventeen minutes later, Kirk placed another call. The phone goes dead about 90 seconds into the call. A third call was then made about five minutes later, where Kirk stated that she had been hit, and requested police. She then stated that her assailant was attempting to rip the phone from the wall. Kirk was then strangled by Marvin Moss, her estranged boyfriend. Moss who admitted to the crime committed suicide in 1999 while awaiting trial. Police knocked on the door that night, but Kirk’s body was not discovered until the next day.

Kirk’s mother, Phyllis May, on behalf of her daughter’s estate, sued Franklin County for her wrongful death, claiming that 911 operators should have sent police officers to the scene after the first call. Plaintiffs’ counsel argued that it is a standard regulation for officers to come to a home of a domestic violence call on the first call. Plaintiffs’ counsel also stated that the 911 operators did not inform the investigating officers that Kirk had stated that the phone was being ripped from the wall. Thus when officers asked the 911 operator to call Kirk back, they should have known that such an action would be ineffective.

Plaintiff’s counsel also maintained that there were sounds of violence on the line during the second call that should have alerted the 911 operators.

Defense counsel offered testimony of the individual who drafted the 911 rules and procedures. He stated that the rules were more “guidelines,” and not meant to be strictly applied.

Defense counsel also argued that the local officers from the township did not perform an adequate investigation that night when they knocked on her door. Defense counsel also stated that the blame should lie with Moss.

Kirk was strangled. The coroner testified that her body was covered in bruises from head to toe. Kirk was May’s only daughter, and the two had enjoyed a close relationship. She claimed survivorship.

The jury returned a verdict for the plaintiff, awarding $2,725,000.

Estate of Deborah Kirk

$2,225,000 Personal Injury: wrongful death

$500,000 Personal Injury: survivorship

Plaintiffs’ counsel is seeking prejudgment interest.

A crash involving three cars and a school bus closed the onramp to the eastbound Palmetto Expressway from Northwest 12th Avenue on Friday morning.

Police said the driver of a car rear-ended another vehicle. A school bus that tried to avoid the cars went through a guard rail, went down an embankment and crashed into a warehouse, NBC 6’s Steve Litz reported. Another car was also involved in the incident.

Four people with injuries were taken to local hospitals.

The driver of one of the cars was arrested on a charge of driving under the influence.

No children were on the school bus at the time of the crash.

The onramp has since reopened.

Medical device maker Medtronic has issued a voluntary recall of heparin-coated bypass equipment, including pumps, reservoirs, and blood oxygenators. The company said the recall is a precautionary measure and that no reports of injuries have been linked to its products.

According to Medtronic, the recalled devices are coated with Carmeda BioActive—a substance that contains the blood thinning drug heparin. Coating the medical devices helps to reduce the risk of blood clots in patients undergoing heart bypass surgery.

Medtronic said the recall was prompted by a Food and Drug Administration recommendation. In recent months, the FDA has received reports of 81 deaths and hundreds of allergic reactions due to contaminated injectable heparin.

The FDA said the contamination occurred during the manufacturing process in China, which is where the majority of the world’s heparin is made. The contaminant was identified as oversulfated chondroitin sulfate.

It is still uncertain as to whether or not the contamination was intentional.

Two hours after boarding a cruise ship in New York on Sunday, Mindy Jordan was overboard and lost at sea.

The cruise line said the initial indication was that the slight 46-year-old nurse fell as she tried to reach from one balcony to another on a windy night, and by Tuesday the Coast Guard had given up its search for her in the Atlantic Ocean off the New Jersey coast.

The ship, which disembarked in New York, continued on to Bermuda.

Jordan’s family fears, though, that her fall was not only tragic but also criminal. And the FBI is now trying to sort it out.

Jim Margolin, a spokesman for the FBI’s New York office, said agents were in Bermuda on Wednesday to interview witnesses aboard The Norwegian Dawn as the cruise ship arrived there.

“Among the things we’re going to try to determine is whether a crime occurred,” Margolin said, adding that it was not clear how long it might take to determine that. He also said that if no one was charged in the matter, the agency might not make its findings public.

Jordan’s family has been asking authorities for a full investigation - rather than simply relying on the early word from Miami-based Norwegian Cruise Line.

“Our interest is to understand what happened,” said Jordan’s brother, Steve Lynn, who traveled from his home in Kentucky to be with his and Jordan’s mother, Louise Horton, in her Bordentown home.

Lynn said the FBI also interviewed his mother Tuesday night and took some possible evidence - including photos of bruises on his sister.

Horton has said that Jordan’s relationship with boyfriend Jorge Caputo was abusive. The two of them went on the cruise with another couple.

Jordan, the mother of two teenagers, had been involved with Caputo for about 2 1/2 years and lived with him in the Philadelphia suburb of Pine Hill for most of that time, her brother said.

Lynn said relatives had encouraged Jordan to contact authorities about the way Caputo treated her. “She was reluctant to do that and did not,” he said.

Caputo remained on the cruise ship and was not available for comment. He has not been charged with any crime.

Jordan’s family members say it was Caputo who called Horton to tell her that Jordan was missing. They said the call came about 15 hours after she went overboard.

“For this to happen on Mother’s Day is even more tragic,” Lynn said Wednesday.

In 2004, a tractor-trailer owned by Southern Minnesota Construction and driven by Robert Wayne Holt disregarded a stop signal and collided with a locomotive driven by plaintiff Kenneth Frazier, 40s. Frazier ducked down right before the impact and sustained a lower back injury.

Frazier sued Southern Minnesota Construction. The defense admitted liability and thus the trial proceeded on damages and injury causation.

Frazier claimed that he is experiencing terrible emotional turmoil as a result of the accident, and the death of Holt. He sought medical care nearly six months after the crash. His physician found a herniated disc at L3-4 with some fragmentation. The herniated disc was treated with conservative care including epidural injections. Frazier was recommended to have a sedentary position.

Plaintiff’s counsel presented testimony of a vocational rehabilitation expert who stated that Frazier will experience lost earnings because of his injury. Frazier will likely earn $18 less an hour because of his injury. If Frazier returns to school and earns an associate’s degree he will likely earn $10 or $12 less an hour.

Defense counsel disputed causation, defense counsel noted that Frazier had prior disc degeneration.

The defense expert in biomechanics opined that the accident was unlikely to cause Frazier’s injuries. The likelihood of a locomotive being affected by crashing into a much smaller vehicle is slim.

Plaintiff’s counsel countered that Frazier was following established crash procedure by ducking down to the ground below the locomotive windshield in the event of a crash situation.

The jury awarded Frazier $1.14 million in damages.

Merck & Co. says a Texas appeals court has overturned a verdict against the drugmaker in a case involving its withdrawn painkiller Vioxx.

A Texas jury two years ago awarded the widow of 71-year-old Leonel (LAY’-oh-nel) Garza $32 million. That later was cut to about $7.75 million under Texas damage caps.

Garza had had a long history of heart disease and died of a heart attack after taking Vioxx briefly.

Merck said Wednesday the appeals court found insufficient evidence supporting the jury’s verdict.

The New Jersey-based drugmaker pulled Vioxx from the market in September 2004 after research showed the painkiller doubled risk of heart attacks and strokes.

The family of a boy who suffered serious intestinal damage after swallowing a pair of Magnetix button magnets has settled with the toy manufacturer for $1 million.

William Finley was 4-years-old when he underwent emergency surgery because of persistent vomiting and bowel complications. That’s when the surgeon discovered a pair of magnets “stuck together within the pelvis.”

If not for the surgery, William would have died. According to the lawsuit filed by William’s family, he will suffer constant intestinal problems and abdominal pain. He will also need to be on a special diet for the rest of his life, the lawsuit claimed.

Rose Art Industries, the manufacturer of the Magnetix toy set, was accused of failing to provide adequate warnings regarding the dangers of its product. The label warned of a “choking hazard” but not the risk of intestinal perforations and blockages and even death if ingested.

“Even after being notified of the potential dangers of the toy, Rose Art failed to institute any clearer warning or a recall of the Magnetix toys. This inaction led to the serious injury of over 20 children nationwide and resulted in one death,” the lawsuit stated.

The first of two Magnetix recalls was issued in March 2006, and the company agreed to pay $14 million to settle similar product liability lawsuits.

The money from William’s settlement will be invested in an annuity, but Rose Art has agreed to pay the family $20,000 immediately to help them recover from the financial devastation caused by his injury.

A highway patrol official said O.J. Simpson’s girlfriend has been seriously injured in a car accident in Miami.

Florida Highway Patrol Lt. Pat Santangelo said Christie Prody was injured early Saturday morning after pulling over to an expressway emergency lane because she had two flat tires.

When the 32-year-old got out and walked around the car, Santangelo said she was hit by another car. Her head and arms went through that car’s windshield.

She was airlifted to Ryder Trauma Center at Miami’s Jackson Memorial Hospital where Santangelo said she was still being treated Wednesday for broken legs.

Santangelo said Prody was cited for the accident. Troopers found an empty bottle of alcohol in her car but could not say if Prody was intoxicated.