South Florida Personal Injury Lawyers

Will American auto manufacturers ever be able to engineer the world’s most efficient vehicle?

According to Motor Trend’s latest list of the 15 most ful friendly vehicles, many of the dominant manufacturers continue to hold onto their top spots in the fuel efficiency hierarchy. Once again, vehicles from Toyota, Honda and Nissan will provide drivers with the greatest relief from high gas prices.

American vehicles did appear in the top 10, however. The Mercury Mariner and the Ford Escape tied for sixth place (alongside the Mazda Tribute). All of these vehicles are hybrids but, ironically enough, they are all SUVs as well. Americans are left wondering when Detroit’s “Big Three” will deliver an ideal sedan.

In January 2000, General Motors Corp. unveiled the Precept, a vehicle that, according to the company, was capable of 80 miles to the gallon with a 500 mile range. The New York Times referred to the diesel-electric hybrid as “probably the most expensive single car ever built.” The Precept has yet to go into wide-scale production.

This year, GM did offer two efficient sedans: the Saturn AURA and a hybrid version of the Malibu. According to the GM web site, both vehicles are capable of a combined 28 miles per gallon. Still, they fail to appear on the Motor Trend list. According to Motor Trend, “All vehicles on the list had to be widely available now, so it is comprised of 2008 models only, and the cars that require pricier premium gas (possibly eliminating their fuel-economy advantage) have been noted.”

Regardless of these factors, American car shoppers will still emphasize a vehicle’s payback period, or the time necessary for an investment to pay for itself. The costliness of new automotive technologies paired with their high demand in the marketplace means “going green” is going to cost a lot of green too, a notion that will forever undermine the good intentions of good gas mileage.

A small plane crashed into a hangar during takeoff at a private airfield near Homestead on Thursday afternoon.

The crash occurred shortly after 4 p.m. at Richards Field.

Investigators are looking into what caused the crash, but they said witnesses told them the engine was still running as the plane fell from the sky.

The plane crashed head-on into the roof of the hangar, collapsing its wings like a pair of scissors. The plane was stuck in the roof of the hangar about 15 feet above the ground.

According to Miami-Dade fire-rescue, the 66-year-old pilot was stuck in the cockpit of the plane for about 30 minutes until rescuers could free him. He suffered minor injuries but was airlifted to Jackson Memorial Hospital in Miami, where he was listed in stable condition.

Lt. Elkin Sierra with Miami-Dade fire-rescue said the pilot was fortunate to only have sustained minor injuries.

“It’s amazing that the hangar didn’t catch fire,” Sierra said. “The plane was filled with fuel.”

It is unknown how much flying experience the pilot had.

The plane remained dangling in the roof of the hangar Thursday night.

If you’ve bought a new car this year, chances are you aren’t as enamored with it as you were the last time you got one.

At least, that’s what the 2008 Automotive Performance, Execution and Layout (APEAL) survey by J.D. Power and Associates indicates. It said that for the first time in five years, drivers of new cars were less satisfied with their vehicles. And it all goes back to high gas prices.

“Average prices at the fuel pump have increased by 27 percent in the period between the 2007 and 2008 studies, creating heightened sensitivity to fuel economy among new-vehicle owners,” said David Sargent, vice president of automotive research at J.D. Power. “Even though more consumers are now achieving the gas mileage they expect compared with previous years, the increased cost of filling their vehicles still leads to a greater level of dissatisfaction with fuel economy than in the past. Manufacturers that deliver more fuel-efficient vehicles and integrate alternative fuel technology into their designs stand a better chance of delighting their customers and being successful in this rapidly changing marketplace.

The overall APEAL score in 2008 averages 770 on a 1,000-point scale — a two-point decrease since 2007. A significant decrease in owner delight with fuel economy accounts for more than one-half of the overall decline. Only performance in the area of audio, entertainment and navigation improves slightly.

“Manufacturers are working to increase customer delight by introducing entertainment and navigation technology that owners find particularly appealing,” said Sargent. “The key to doing this successfully is to develop technology features with the needs and wants of the user in mind — most importantly, ensuring that technology is designed to beconsumer-friendly and intuitive to use. Technology that is overly complicated to operate runs the risk of disappointing the customer.”

The study also finds that, in a departure from previous years, models that have been mildly “refreshed” achieve higher APEAL scores, on average, than all-new or redesigned models.

“Historically, all-new vehicle models have been more successful in delighting customers than refreshed models, but this year, launching appealing new models has been more difficult for manufacturers,” said Sargent. “The long-term success of a model can be predicted partially from how well it launches, which underscores the importance of a strong debut. Those automakers that manage to achieve high levels of both appeal and initial quality in their models can expect to benefit not only from customer acclaim, but also increased profitability.”

The good news is U.S. automakers continue to show improvement.

Buick posted the largest improvement, followed by Chrysler, Ford, Mercury and Dodge, respectively. A majority of the most-improved models are also from domestic manufacturers, including the redesigned Ford Focus, Dodge Grand Caravan and Chevrolet Malibu.

Honda captured three model segment awards — more than any other vehicle nameplate this year — for the Fit (second consecutive year), Odyssey (fourth consecutive year) and Ridgeline (fourth consecutive year). Porsche, Toyota and Volkswagen each garnered two awards.

Also receiving awards are the BMW 5 Series, Buick Enclave, Chevrolet Avalanche, Dodge Magnum, Land Rover Range Rover, Lexus IS, Mercedes-Benz S-Class, and MINI Cooper.

Porsche is the highest-ranking nameplate in APEAL for a fourth consecutive year. Among the 36 ranked nameplates, 20 experience a decline in index scores since 2007, while 15 improve. Domestic brands comprise the eight most-improved nameplates.

In June 2004, plaintiff Arthur McCoy, 55, retired and on disability, was referred to pulmonologist Howard Mintz after being exposed to tuberculosis. Mintz diagnosed McCoy with tuberculosis, and confirmed the diagnosis in a second visit in August.

In December, McCoy began coughing up blood, and another doctor diagnosed lung cancer, which had metastasized.

About six months later, McCoy died.

McCoy’s widow and two daughters sued Mintz for medical malpractice. Plaintiffs’ counsel claimed that, given McCoy’s history as a heavy smoker, Mintz should have ordered tests to rule out lung cancer. Plaintiffs’ counsel argued that an earlier diagnosis could have saved McCoy’s life.

Mintz countered that, since McCoy tested positive for tuberculosis and showed signs of tuberculosis on an X-ray, and since fewer than 5 percent of smokers develop lung cancer, it was reasonable to diagnosis tuberculosis.

Defense pulmonology expert Charles W. Prochera testified that McCoy had the cancer for at least a year before visiting Mintz, and that a diagnosis at that late date would not have saved his life. Mintz also argued contributory negligence, claiming that McCoy failed to follow medical advice, including advice that he quit smoking.

The plaintiffs–widow Edna McCoy and daughters Christie McCoy and Joanie McCoy–claimed that Mintz’s actions resulted in McCoy’s death. They were seeking $600,000 for pecuniary loss, loss of services for McCoy’s wife, loss of consortium for his wife and daughters, and funeral expenses.

The jury returned a defense verdict.

Sidewalks, wet floors are slip and fall risks

These cases can include:

• broken sidewalk
• loose or torn carpeting
• manholes with no warnings
• uneven ground or level changes with no warning
• wet flooring

Your slip and fall claim needs information

When making a claim in a slip and fall accident, it’s important to gather as much information as possible to support your case. Your information should include: photographs of the condition which resulted in the slip and fall accident, details of any witnesses to the slip and fall accident, an accident report and information on any previous accidents which have occurred in the same place and for the same reasons.

Also ensure that any such injury receives prompt medical attention, and then provide the medical report pertaining to the injuries. 

The family of an English tourist who was killed by a garbage truck has filed a wrongful death lawsuit against the driver and his employer, Newark-based Action Carting Environmental Services Inc. The suit seeks unspecified damages.

The driver allegedly passed out behind the wheel of the truck after he failed to take his anti-seizure medication and lost control of the vehicle on February 12^th, according to police.

Her companion, also in the vehicle - was killed in the accident. They lived together just outside of London.

The driver has pleaded not guilty to charges of manslaughter and criminally negligent homicide.

A spokesman for Action Carting was out of town and could not be reached for comment.

From lead-contaminated toys to E. coli bacteria in tomatoes, Americans often aren’t safe these days. Frequent recalls of defective products by the Food and Drug Adminstration and Consumer Product Safety Commission substantiate this. Now the National Highway Traffic Safety Administration announces more than six million Chinese-made tire valve stems are being recalled by their istributor. Among them, an estimated 8,600 of the stems, Model #TR413, are defective.

Tech International, the Johnstown, Ohio-based distributor of the Chinese-made parts, reports it is committed to providing a solution to the problem. The company has offered free replacements and has offered to pay for any tire damage caused by the defective part. The valves are manufactured by Shanghai Baolong Industries CO.

Tech International said the recalled valve stems could crack, and tires could lose pressure after being in use more than six months.  Complicating the situation is that Tech International doesn’t know who owns tires with the recalled valve stems.

Defective and potentially dangerous products are bought regularly by unwary consumers across the globe. Makers of these products are liable for any injuries or deaths their products cause, whether or not the manufacturer knew of the defects prior to selling them.  You may have a legal right to compensation if a damaged product has injured you or someone you know.

The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls.

The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death.

CDC researchers found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.

“A lot of people don’t think a fall is serious unless they broke a bone, they don’t think it’s serious unless they break a hip. They don’t worry about their head,” said Pat Flemming, a senior physical therapist and researcher at Vanderbilt University

Each year, one in three Americans age 65 and older fall. About 30 percent of such falls require medical treatment.

Previous CDC research showed that the U.S. death rate from falling has risen dramatically - about 55 percent - for the elderly since the 1990s. The new study highlights the role that brain injuries play in such deaths.

As people age, veins and arteries can be more easily torn during a sudden blow or jolt to the head, said Marlena Wald, a CDC epidemiologist who co-authored the study.

That can cause a fatal brain bleed. Other factors can contribute, such as the use of blood-thinners, said Judy Stevens, another CDC researcher and co-author.

The severity of brain injuries isn’t always immediately apparent, and some people may not lose consciousness. Wald noted a scenario seen in hospitals in which an elderly fall victim comes in alert and talking, but dies an hour or two later.

The study also found that deaths and hospitalization rates for fall-related brain injuries increased with age. Brain injuries accounted for about 8 percent of hospital stays for non-fatal falls.

There are several steps older Americans can take to try to prevent falls. Exercise can increase leg strength and balance. Glasses or other vision correction measures can help people avoid obstacles. And being careful with the use of drugs that can affect thinking and coordination - such as tranquilizers and sleeping pills - can also make a difference.

“Falls are not an inevitable consequence of aging. These head injuries are not inevitable, either,” Wald said.

The research is being published in the June issue of a scientific publication, the Journal of Safety Research.

America’s U.S. Watchdog today announced the launch of their national investigation involving Digitek.

Digitek is a heart medication that was recalled last April and has been the topic of much debate and subject of many lawsuits ever since.

Digitek, was manufactured by Actavis Towtoawa, and marketed as a drug that could treat heart problems in patients.

The medication reportedly comes from digitalis, which is a well-known chemical derived from the foxglove plant.

“The defect found in Digitek could expose users to twice the amount of active ingredient, which could cause serious and fatal reactions,” explained the FDA after recalling the medication.

Researchers, along with the FDA, are still issuing warnings to consumers who may still be taking the medication and are unaware of the severe risks found.

The risks found for those consuming Digitek include:

• Nausea
• Confusion
• Low Blood Pressure
• Heart Palpitations
• Cardiac Irregularity

Thousands of Florida drivers found out the hard way that it just doesn’t pay to speed.

During a three-day campaign from June 19 through June 21 called Staying Alive on 95, troopers from around the state issued 2,360 citations to motorists.

Of the citations 1,079 were for speeding, 236 tickets were issued for seatbelt violations and 67 tickets were handed out to drivers without a license.

Twenty-four people were also arrested on charges of driving under the influence.