South Florida Personal Injury Lawyers Blog

Appellate Court Reverses Lower Court Decision Remanding Directed Verdict in Negligence Case

Published on: August 22, 2023 | by Friedman, Rodman & Frank, P.A.

Recently, the district court of appeals for the State of Florida Sixth District issued an opinion in an appeal involving a negligence claim by the appellee, the plaintiff, against the appellants, Hernando J. Lancheros and VL Auto Transport, Inc. The appellee sued the appellants claiming they negligently injured him in a car accident. The appellants conceded fault, and the matter proceeded to trial solely on the issue of causation and damages. The appellee stated that he suffered a permanent injury to his back and that the injury was caused by the car accident in question. The appellants contended that the appellee’s injuries stemmed from a pre-existing condition and were not caused by the car accident. At trial, the court improperly directed a verdict on causation. On appeal, the appellate court reversed the lower court decision, remanding the case for a new trial.

Facts of the Case

The appellee, who was twenty-four when the accident happened, testified that he had rowed crew competitively since he was a teenager. He further acknowledged that he visited a chiropractor two times before the accident for back pain due to either weight training or rowing crew. Following the car accident, the appellee did not seek treatment for his back either at the scene or in the aftermath of the accident. He did not obtain x-rays or an MRI on his back in the immediate days after the crash. The appellee waited eighteen days before going to a chiropractor for what he described as lingering back pain after the initial soreness from the accident faded.

One Killed in Fatal Bradenton SUV-Bicycle Accident

Published on: August 17, 2023 | by Friedman, Rodman & Frank, P.A.

Accidents involving both cars and bicycles are increasingly common. According to People Powered Movement (PPM), a bike and walking alliance, Florida had 5,952 bicycle collisions in 2021. Such crashes caused 5,574 injuries and 169 deaths. PPM further found that in Florida, bicycle accidents are overwhelmingly caused by automobile drivers. Of the 169 fatal bike accidents in Florida in 2021, law enforcement officers found that automobile drivers were responsible for 140 of them. In total, that means that car drivers were responsible for approximately 83% of all fatal bicycle accidents in Florida in 2021. PPM similarly found that of the 759 bicycle accidents that resulted in life-threatening injuries and the 4,815 accidents resulting in minor injuries, Florida law enforcement officers placed the blame on automobile drivers in 76% of the serious accidents and 69% of the minor accidents.

Bike accidents result in a high percentage of fatalities for a number of reasons. Bicycles and other open-air vehicles expose the rider to greater risk during collisions as they are often thrown clear of the vehicle during a crash, creating more violent landings. Additionally, many bicycle riders do not use proper headwear, resulting in head trauma during collisions. Any impact to a person’s head is disproportionately likely to result in fatal injuries, further increasing the risk of death in bike accidents. A recently published news report detailed a fatal crash between a bicycle and an SUV crash in Bradenton, Florida, earlier this month.

According to a recently published news report, a 33-year-old man died when an SUV crashed into his bicycle. The man was riding his bicycle after midnight on Wednesday, August 9, when an SUV driven by a 23-year-old man struck the bike. A Florida Highway Patrol report stated that the bike rider was not wearing a helmet at the time and was pronounced dead at a local hospital. Law enforcement reports state that both the SUV and the bicyclist were traveling east on State Road 64 when the crash occurred, throwing the rider onto the bridge’s concrete surface before he collided with a raised curb.

The Most Frequently Cited OSHA Standards Violated in FY22

Published on: August 9, 2023 | by Friedman, Rodman & Frank, P.A.

With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance. OSHA is a federal agency that is part of the larger federal Department of Labor. The administrator for OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. OSHA’s administrator answers to the Secretary of Labor, who is a member of the cabinet of the President of the United States.

Most Frequently Cited OSHA Standards

Certain types of workplace injuries attract more attention than others. OSHA estimates that more stringent training policies could prevent approximately 70% of all forklift accidents in the United States. OSHA also projects that in total, between 35,000 and 62,000 forklift injuries occur each year. However, the ten OSHA standards that are cited the most frequently might surprise you.

The following ten OSHA standards were the most frequently cited standards by Federal OSHA in fiscal year 2022 (October 1, 2021, through September 30, 2022): (1) Fall Protection, construction (29 CFR 1926.501); (2) Hazard Communication, general industry (29 CFR 1910.1200); (3) Ladders, construction (29 CFR 1926.1053); (4) Respiratory Protection, general industry (29 CFR 1910.134); (5) Scaffolding, construction (29 CFR 1926.451); (6) Control of Hazardous Energy (lockout/tagout), general industry (29 CFR 1910.147); (7) Powered Industrial Trucks, general industry (29 CFR 1910.178); (8) Fall Protection Training, construction (29 CFR 1926.503); (9) Eye and Face Protection, construction (29 CFR 1926.102); (10) Machinery and Machine Guarding, general industry (29 CFR 1910.212).

Appellate Court Reverses Lower Court Motion to Amend Decision in Florida Car Dealership Liability Case

Published on: July 31, 2023 | by Friedman, Rodman & Frank, P.A.

Recently, the district court of appeals for the State of Florida Fourth District issued an opinion in an appeal involving a negligence claim by the appellee, the plaintiff, against the appellant, Napleton’s North Palm Auto Park, Inc., (the Dealership). The plaintiff sued the Dealership after an employee (Employee) of the Dealership hit the plaintiff’s parked car while allegedly intoxicated during his shift, alleging negligent hiring, retention, and supervision of the Dealership’s employee. The trial court granted the plaintiff’s motion for leave to amend her complaint to add a punitive damages claim.

Facts of the Case

The plaintiff and the Employee were both employed by the Dealership. The Employee maintains that on the day of the alleged incident, he had “a couple drinks” while on his lunch break at home before he returned to work. That evening the Employee “brushed” alongside the plaintiff’s parked car as he was moving his car from an employee lot across the street to a closer parking lot. The Employee was later arrested and would enter a guilty plea to a DUI charge and his employment was terminated on the day of the accident.

The plaintiff then sued the Dealership for negligent hiring, retention, and supervision of the Employee. She alleged that the Dealership knew or should have known that the Employee had been found guilty of a DUI offense prior to hiring him, and the Dealership knew or should have known that the Employee consumed alcohol during work hours. The plaintiff then moved to amend her complaint, adding a claim for punitive damages. In doing so, she highlighted three events to establish the Dealership’s knowledge of the Employee’s history of driving while intoxicated: (1) the Employee’s prior DUI conviction in 2006; (2) the Dealership’s discipline of the Employee in January 2020 based on another employee’s suspicion of the Employee being intoxicated while on the clock; and (3) the assistant manager’s observation that the Employee was acting “off” and “loopy.”

Florida Appeals Court Upholds Lower Court Decision in Law Enforcement Workers’ Compensation Case

Published on: July 24, 2023 | by Friedman, Rodman & Frank, P.A.

In a recent case, the First District Court of Appeals for the State of Florida issued an opinion in an appeal involving a claim for compensability of hypertension and heart disease brought under section 112.18, Florida Statutes (2019), commonly known as the “heart-lung statute.” The appellant, a law enforcement officer, filed a claim for compensation under the heart-lung statute and was denied by his employer, Florida Highway Patrol, which is the appellee. The Judge of Compensation Claims (JCC) denied the appellant’s claim, finding that he failed to satisfy “disability,” a prerequisite for compensability of occupational disease under the law. After the denial, the appellant appealed the decision.

The appellant was hired by the Florida Highway Patrol in 2001 after undergoing a pre-employment physical. In 2008, he was diagnosed with hypertension after consulting a doctor for headaches and redness in the face he was experiencing. At that point, the appellant was restricted from working for a few days and prescribed medication. He did not file workers’ compensation paperwork and did not pursue a workers’ compensation claim. Then in early 2019, while visiting a hospital to investigate a vehicle crash, the appellant asked a nurse to check his blood pressure. The nurse informed him that his blood pressure was high, and recommended he consult a doctor.

The next day, the appellant met with his personal doctor and alerted his employer. The employer then scheduled an appointment for him with a cardiologist, Dr. Gupta, for evaluation. At his first appointment with Dr. Gupta, his blood pressure was 160/96, and described by the doctor as “uncontrolled.” Dr. Gupta diagnosed him with hypertension and obesity, changing his medication and recommending an echocardiogram (EKG). At that point, Dr. Gupta did not take him out of work, assign work restrictions, or refer him to the hospital. The appellant returned to Dr. Gupta in February for his EKG and planned to report to work immediately after the appointment. Dr. Gupta changed his medication again, counseled him on obesity and lifestyle changes, and recommended a stress test. He also requested that Friesen remain in the waiting room for ten to fifteen minutes for the medication to take effect and lower his blood pressure. The appellant waited fifteen minutes and his blood pressure improved. Again, no work restrictions were assigned. After continuing to work full time, in mid-February, his employer issued a Notice of Denial, asserting that hypertension or heart disease must be accompanied by disability to be compensable. The appellant then filed a Petition for Benefits, requesting workers’ compensation benefits.

Florida Appeals Court Finds in Favor of Plaintiff in Premise Liability Case

Published on: July 17, 2023 | by Friedman, Rodman & Frank, P.A.

In a recent case, the District Court of Appeal of the State of Florida Fifth District issued an opinion in an appeal involving a duty to warn or duty of reasonable care premise liability action between a plaintiff that was a customer entering a store, and the defendant, the company operating the store, Panera. The suit resulted from an incident where the plaintiff tripped and fell on a weighted sign base as she was entering the Panera location.

The trial court found in favor of the defendant granting summary judgment, finding that there was no concealed peril that would have triggered a duty to warn, and, further, that the plaintiff failed to look down, which caused her to trip and fall on the base. In finding that the base she tripped on was open and obvious, the court ruled that the restaurant was not liable for injuries and harm. In Florida, the open and obvious doctrine provides that landowners are not liable for injuries caused by dangerous conditions of their land when the danger is known or obvious unless the landowner would anticipate those injuries.

On appeal, the plaintiff argued that in many open and obvious cases, the conditions are inherent to the landscape, such as uneven pavement or traffic bumps, which is not the case in this claim. The appellate court agreed, holding that the sign base is not so common as to be encountered by people on a daily basis. As a result, the appeals court ruled that there was an issue of material fact present, reversing the trial court decision.

Florida Appeals Court Grants City Sovereign Immunity in Police Officer Car Accident Case

Published on: July 10, 2023 | by Friedman, Rodman & Frank, P.A.

In a recent appeals case, the District Court of Appeals of the State of Florida Fifth District produced an opinion for an appeal involving sovereign immunity for the city of Winter Park in a vicarious liability case involving an off-duty police officer. The plaintiff, a driver involved in the car accident with the police officer, sued the defendant, the city of Winter Park, alleging that Winter Park was vicariously liable for the officer’s purportedly negligent driving. The city of Winter Park moved for summary judgment on sovereign immunity grounds at trial. Following the completion of the discovery process, the trial court denied the motion for summary judgment, finding that the issue of whether the officer was within the scope of his employment was a fact question. Winter Park then filed a timely appeal.

The incident in question occurred on June 17, 2019, when Officer Rojas, a police officer in Winter Park, was involved in a car accident in Casselberry, a municipality in Seminole County. Officer Rojas receives a “take-home” patrol vehicle to drive to and from work and for use during each shift. On the day of the accident, Officer Rojas testified that his shift ended at 3:00 p.m. and shortly thereafter, he left the police station in his take-home patrol vehicle. Roughly 30 minutes after his shift ended, he was involved in a car accident along his customary route home.

The crash occurred in Casselberry, which is beyond the Winter Park city limits. Officer Rojas was not performing any duties as a police officer following the end of his shift, though he was in his Winter Park police uniform. Ultimately, the trial court ruled that the question of if Officer Rojas was within the scope of his employment was a disputed issue of material fact for a jury to resolve. Winter Park appealed, maintaining that it is entitled to sovereign immunity as a matter of law.

Florida Car Accident Law Round-Up

Published on: June 27, 2023 | by Friedman, Rodman & Frank, P.A.

In 2021, Florida experienced a total of 401,533 car crashes, including 3,445 fatal accidents and 163,961 crashes resulting in injuries. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there have already been 146,074 vehicle crashes in Florida this year. The FLHSMV states that those accidents have resulted in 93,662 total injuries and 1,256 deaths. As vehicle accidents and crashes continue to occur throughout Florida, it is vital to be aware of the car accident laws in effect within the state.

Minimum Insurance Requirement

Florida does not require drivers to have bodily injury liability insurance coverage. This is uncommon as the majority of states require this type of coverage. Bodily injury liability insurance covers injury-related losses that a policyholder causes to other motorists if the policyholder is deemed responsible for the accident. Instead of requiring bodily injury liability insurance, Florida requires motorists to have a minimum of $10,000 in personal injury protection coverage and a minimum of $10,000 in property damage liability coverage. Personal injury protection coverage pays for a policyholder’s own losses following an injury from a collision while property damage liability coverage addresses property damage that the policyholder causes others in a collision.

Mandatory Police Reporting

There is a common misconception that automobile accidents must always be reported to the police. In Florida, drivers involved in a collision are required to report a crash to policy only if one of the following two things are true: (1) the crash caused a minimum of $500 in vehicle or property damage, or (2) the crash caused injury or death. If a crash does not meet either of those criteria, drivers may self-complete a “Driver Report of Traffic Crash Report” or a “Driver Exchange of Information” as detailed by the FLHSMV.

One Killed in Fatal Forklift Incident

Published on: June 18, 2023 | by Friedman, Rodman & Frank, P.A.

Industrial and equipment accidents are serious and can result in severe injuries or even death. According to the U.S. Bureau of Labor Statistics, from 2011 to 2017, over 600 workers were killed in forklift accidents in the United States and over 7,000 workers experienced nonfatal forklift injuries with days away from work every year. Forklift accidents only account for approximately 1% of all warehouse or factory accidents. Unfortunately, due to the dangerous nature of the equipment, forklift incidents are responsible for 11% of all physical injuries in warehouse or factory accidents.

The Occupational Safety and Health Administration (OSHA) estimates that more stringent training policies could prevent approximately 70% of forklift accidents in the United States. OSHA also projects that in total, between 35,000 and 62,000 forklift injuries occur each year. Concerningly, it is estimated that 36% of forklift-related deaths are pedestrians. Forklifts are so dangerous in part due to how they are deployed and in part due to how they are constructed. Loads are often carried in front of a forklift, blocking the driver’s view, increasing the chances of an accident. Forklifts are often used to raise heavy loads to considerable heights, resulting in dangerous circumstances. Forklifts also turn using rear wheels, increasing the chances of tipping over during tight turns. Additionally, forklifts can weigh up to 9,000 pounds and reach speeds of 18 miles per hour, making any forklift crash a serious collision. Lastly, forklifts only have breaks on their front wheels, making it harder to stop quickly and safely. A recent news article discussed a fatal forklift accident in Daytona Beach.

According to the news report, the accident happened on Monday, February 13, when a forklift operator moving materials from a truck ran over a woman in her 60s. The worker was part of a team working to repair a building that was damaged in Hurricane Ian. The Public Safety Director, Michael Fowler, stated that the worker did not see the pedestrian past the construction materials, causing him to hit her. According to the article, the driver was navigating using the space between two loads and never saw the pedestrian before hitting her. The woman was killed by the impact. The death has been classified as an industrial incident and will be investigated by the Daytona Beach Shores Public Safety and Occupational Safety and Health Administration.

Florida Turnpike Closed Following Head-On Collision

Published on: June 10, 2023 | by Friedman, Rodman & Frank, P.A.

Head-on collisions are some of the most serious and deadly types of car accidents. Head-on car collisions occur when two cars going in opposite directions come into contact, often with devastating consequences. The causes of such crashes are broad, but the resulting crashes are often severe. Occasionally, road design or layout can be responsible, such as if there is inadequate signage or confusing traffic lining on the roads. In some instances, the vehicle manufacturer could be responsible if a vehicle defect causes a crash. However, in most head-on car accidents, at least one of the drivers involved is responsible for the crash. The driver or motorist could be drunk or tired, leaving their lane, resulting in a head-on crash. Determining who is responsible is an essential task when exploring a legal claim for damages. Having a good understanding of the cause of a crash can ensure you recover the maximum compensation for your injury.

According to the Insurance Information Institute (III), head-on collisions accounted for approximately 10% of all fatal motor vehicle accidents in the year 2020. Head-on collisions are extremely dangerous and resulted in 3,621 deaths and thousands more injured throughout 2020 according to the institute. The various causes of head-on collisions range from distracted driving or inhibited driving to reckless driving and fatigue. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV), tracked 32,445 crashes throughout Florida in April 2023. The FLHSMV reports that those accident levels are slightly down from the 35,620 car accidents that occurred in March. A recent news article discusses a serious head-on collision in Miami-Dade County, Florida.

According to the news report, the accident occurred on Friday, April 28, when a white Chevy Camaro heading north crashed into a silver Toyota pickup truck heading south. A member of the highway patrol stated that the Chevy Camaro was in the southbound lanes near Northwest 199th Street when it crashed head-on into the Toyota pickup truck heading south. The highway patrol stated that all of the lanes in both the southbound and northbound directions were closed in the area to allow for the landing of an air rescue helicopter. The helicopter transported the driver of the Chevy Camaro to Jackson Memorial Hospital’s Ryder Trauma Center. The driver of the Chevy Camaro suffered serious injuries while the driver of the Toyota pickup truck had only minor injuries.