Florida Child Injury Lawyer Blog

A Port St. John, Florida woman called the Brevard County, Florida Sheriff’s Office before noon on a recent Saturday morning, after finding an eighteen month old child in a diaper at her front door. According to Deputy Andre Walters, the woman was familiar with the child’s family, and directed police to the home of Sarah R. Petty, where they found a three year old at home alone.

Witnesses said that they had last seen Ms. Petty leaving her home at 8:00 p.m. the previous evening. After a few hours of searching, deputies located Ms. Petty at a friend’s home a few blocks away. According to officers, Ms. Petty was drunk when they found her.

Ms. Petty has been charged with child neglect and has been taken to the Brevard County jail. The two children are now with their father, who was out of town at the time of the incident, and the Florida Department of Children and Families has been notified about the situation. The Sheriff’s investigation into the matter is still ongoing.

Children need to be closely supervised at all times. Leaving two young children alone to go out drinking is a crime, and Ms. Petty will have her day in court to answer to these serious charges. Find out more details of this story at Tots found unattended; mother charged, jailed.

If your child has been injured due to someone else’s negligence, a Florida Child Injury Lawyer can provide guidance, counsel, and when supported by both the law and the facts representation to pursue damages for medical bills (past and future) and related pain and suffering.

In Orlando - University of Central Florida and other college towns around Florida and the United States, students often take on jobs in order to help pay college expenses and bills. It can be quite difficult juggling studies, extracurricular activities, and work. In Orlando, one such student (Maria Mishler) reported that she was falsely imprisoned by the manager of the Fubar - a popular sports bar frequented by University of Central Florida students and others. According to a story posted in the Orlando Sentinel, the manager - Matthew Merdian - had been drinking and was making sexual advances towards Maria. The alleged incident took place in an office that had been locked by Merdian who "forced her to straddle a chair by placing his hands on her shoulders." Fortunately, Maria was able to get away but was certainly fearful of her safety during this incident

Merdian denies the allegations but had no comment following his arrest. Of course, Merdian will be entitled to defend himself against the allegations. The investigation ir or discovery in this matter may reveal witnesses with knowledge of the incident and statements. It is also possible that criminal investigations of this nature will yield videotape evidence that may help support the prosecution. Then again, videotape evidence, if it exist, may end up assisting the defense of this matter.

Regardless of the outcome of this criminal case, it is important for all college students to be careful anytime that there is drinking or crowds around. Alcohol affects motor skills and inhibitions. Keep in mind that getting drunk is not a good excuse for bad or criminal actions. You can read more about this story at Fubar Manager Accused of Attacking University of Central Florida Sorority Member.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to a Marion County, Florida Sheriff’s Office report, Nekisha Smith made a trip to the McDonalds drive thru one evening with her five year old son in the car. An employee of the restaurant became concerned after noticing that Ms. Smith was allegedly speaking with a slurred voice and smelled of alcohol. She also reportedly seemed confused about her order once she reached the window. The employee told Ms. Smith that her food was still being cooked, and asked her to pull forward to wait for it. He then called police.

When police arrived, Ms. Smith was parked in the McDonalds parking lot, eating her food. She reportedly told deputies that she was just tired from drinking the day before; she also said that she was taking several medications, including Zoloft. She failed field sobriety tests, including a breathalyzer that showed a blood alcohol level of .13. The child’s father was called to pick up the boy, and Ms. Smith was arrested. She has been charged with drunken driving and child neglect. Deputies have contacted the Florida department of Children and Families about the incident.

Read more about the alleged McDonald’s drunken drive-thru incident Mother arrested in McDonald’s parking lot, charged with child neglect, DUI.

If your child has been injured by a drunk driver, please contact our Jacksonville and Northern Florida law firm for child injury legal counsel.

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

In Altamonte Springs, Florida, a mother (Brittany Higgs) reported to police that her 3 year old child was kidnapped by a man (Vincent Marchese). Mr. Marchese denies that he kidnapped the child; however, according to a news story reported by the UPI (United Press International), Mr. Marchese fled from the police after being spotted by the police. He crashed his vehicle into a police cruiser, abandoned the child, fled on foot, and then attempted to hide from police.

Mr. Marchese later hid overnight in some bushes in a park in Seminole County, Florida. He was found by a police dog the next morning and arrested. Marchese is an ex-con with felony drug possession and attempted robbery convictions.

Marchese claims that Ms. Higgs never called him to check on her son, or to ask Marchese to return him, saying that he would have brought the boy back if he knew Ms. Higgs was looking for him. He was initially charged with kidnapping, but Altamonte, Florida police have dropped those charges and are now charging him with child neglect along with other charges related to the police chase.

It appears that the police believe Marchese’s story about not kidnapping the child; if he had not run from the police he would still be a free man.

Parents should be extremely careful about their selection of babysitters and caregivers for their children. Whether a child is put in danger by a police chase, an unsupervised bath, hot boiling water in the kitchen, or other situations, it is vital that children are watched by responsible babysitters who focus on the best interest of the child.

Read more about Vincent Marchese’s run from the law at Fla. man abandons toddler, flees on foot.

In Valrico, Florida, Tyrone Hamilton Oliver, according to a story reported in the Orlando Sentinel, is facing criminal charges for allegations that Oliver provided grain alcohol and cigarettes to a 14 year old child. This story was reported by the Orlando Sentinel. The teen was taken to Brandon Hospital for treatment related to alcohol poisoning. It was reported that the teen's alcohol level was .267 which is over 3 times the legal limit in Florida of .08. Of course, any amount of alcohol provided to a child would be a crime committed by both the person providing the alcohol and the child consuming the alcohol. The reason for drinking ages is simple. Teens and children have poor safety awareness when it comes to alcohol consumption. You can read more about this story at Florida Man Who Provided Alcohol to Teen Faces Criminal Charges.

Angela Stone’s daughter, Shelby Taylor Hagman, was killed in a drunk driving accident in Hernando County, Florida in 2007. She was riding in a minivan with her grandparents, Larry and Deborah Wynn of Brooksville, Florida, when Christopher Marcone ran a stop sign and crashed into their car. Marcone pleaded guilty to DUI manslaughter and three related charges and is currently serving 13-years in prison.

Angela Stone then filed a civil lawsuit against Marcone for the death of her daughter. She has said that she does not have any hope of collecting a settlement from Marcone, but she is not doing it for the money; the lawsuit is an effort to send a message to would-be drunk and reckless drivers.
A jury of six women awarded Stone the one of the largest verdicts in Hernando County history, and possibly in the state of Florida - $55 Million in compensatory damages and $275 Million in punitive damages. Stone is also suing Kia Motors Corp. and a local auto dealer who sold her grandparents the minivan they were driving on the night of the accident. She claims that a defective seat belt in the Kia minivan also contributed to Shelby’s death.

In Florida, there is no cap on punitive damages in cases involving intoxicated defendants. As this case shows, drunk drivers who kill or harm others face not only legal but financial repercussions. While punitive damages, especially won from an incarcerated person of little means, are rarely paid to plaintiffs, they do make for great headlines. And those headlines can send a strong message to drivers everywhere.

Find out more about this story at Hernando jury awards mother $330 million in drunken-driving death of teen.

An Oviedo, Florida high school special education teacher recently resigned from her job. The resignation followed a DUI crash and arrest of a student who was reportedly given alcohol and the use of a vehicle by the teacher. The Orlando Sentinel (Reporter: Willoughby Mariano) wrote an excellent article regarding this incident. It was important for the reporter and Orlando Sentinel to cover this story since it shows that some teachers have extremely poor judgment that, at times, leads to serious consequences. In this case, a teen was in an automobile accident and then arrested due to intoxication. The teen even make threatening comments to police officers upon his arrest. While there were no reported injuries, this kind of incident could have lead to quite tragic consequences if the teen or another person had been serious ly injured or died as a result of this DUI crash. Dylan Ferguson, age 18, was a senior of Oviedo High School, as of the date of the accident. Yes, Dylan is an adult and should have known better. Furthermore, Dylan should be held responsible or accountable for his action. In addition, any person, including teachers and others, should also be accountable or responsible if alcohol was knowingly provided to a person under the age of 21 in the State of Florida. You can read more about this article at Oviedo Teacher Resigns Following DUI Crash and Arrest of Oviedo High School Senior.

The Happyland Learning Academy in Orange County, Florida is changing their cleaning and security measures after being repeatedly vandalized by homeless people living on or near Semoran Boulevard. Owner Marco Infante has installed better locks and added advanced security measures to protect the children who come to his daycare center. He has also spent a good deal of time making sure cigarette butts, beer cans and other garbage are cleaned up before the children arrive each morning. The children’s parents did not seem concerned by the vandalism, saying that they believed the school provides a safe environment. Happyland and other day care centers should take their best efforts to provide for a safe and clean environment for children in the center. It is unfortunate that people unconnected with a day care center would take actions that could affect the safety and welfare of children.

Florida daycare centers are responsible for properly supervising children, including securing the facility and playground so that children are not injured or harmed. Parents who have their children in day care centers should inspect the facility and ask staff what measures are put in place to protect the children from potentially dangerous trash items in the playground or from strangers wandering onto the property.

Find out more about safety at this Florida daycare at Daycare says homeless damaging facility.

Ivana Linic, age 23, of West Palm Beach, Florida was convicted of starving her 5-month-old son to death. She may be sentenced to as many as fifteen years in prison. Linic claimed that she fed the baby adequately, but the child’s autopsy results showed that he had only gained two pounds in the five months since his birth. The father, who was not named, reportedly told police that Linic was angry about having a baby and had asked him to take care of the child. He did not accept the responsibility, due to his own struggles with substance abuse.

Newborn children are totally reliant on adults to care for them. When the adults are unable to do so, the results are often tragic. Parents who are unprepared or unable to take care of their own children should reach out for help rather than taking it out on their child. You can find out more about Nehemiah Chavis at Florida Mother Convicted of Starving Child to Death.

Bay County, Florida Sheriff’s deputies were called to the residence of Kimberly Smith and James Moore to settle a dispute. While they were talking to the couple, Moore admitted to the officers that he had smoked meth four days previously. One of the neighbors then accused the couple of cooking meth in front of the couple’s baby. Moore denied their claim, and Smith then also admitted to smoking meth three or four days ago.

After getting permission to search the couple’s home, the deputies found marijuana paraphernalia and residue. Moore refused to take a drug test. Both were arrested and charged with child neglect and possession of drug paraphernalia. The Florida Department of Children and Families took custody of the child and then turned it over to another family member. Find out more about this couple and their arrest at Two arrested after meth confession.

This past April, seven-year-old foster child, Gabriel Meyers, apparently committed suicide after taking prescribed psychiatric drugs. The death has caused a debate that is slowing the flow of prescribed medications to children in state care in Florida.

After the child’s death, the Florida Department of Children & Families (DCF) launched an investigation into his death, and found that many foster children were taking medications without the proper consent forms in place. Lawmakers have vowed to create new laws to try to prevent the overuse of drugs by foster children. Fear of an increased suicide rates among children taking psychotropic drugs has prompted the FDA (Food and Drug Administration) to put a black box warning on them.

Child advocates approve the recommendation of getting the proper consent, but worry that slowing down or stopping treatment for troubled children could lead to more problems. In some instances, a foster child's behavior that is not controlled by necessary medication may make it more likely that they will be rejected by foster families who do not know how to deal with these children.

Alan Abramowitz, director of DCF’s Family Safety Program Office, said that physicians with any questions about a prescription should contact his agency.

Read more about this story at Florida foster kids slower to get medications now.

Inexperience, immaturity, driving while intoxicated, and carelessness all contribute to a fatal crash rate among teen drivers that is three times higher than for other drivers. For example, in 2008 in Florida, over 68% of children from 0-17 years old who were killed in car accidents died because they were not properly restrained with a seatbelt or car seat. In the same year, 18-year-old Florida teens had the highest rate of crash involvement and 19 year olds had the highest fatality rates from car crashes.

Research has shown that teens learn driving habits from their parents, so it is important for parents of teens to take an active role in teaching their children good driving skills. This includes always using a safety belt, not exceeding the speed limit, and not being distracted by passengers while driving. Distraction has been cited as the number one cause of teen crashes in the US.

Find out more about this story at Florida to Observe National Teen Driver Safety Week.

Mesac Dumas of Naples Florida admitted to killing his wife and five children, aged 11 months to nine years old, after his wife threatened to divorce him and take the children. Damas bound his wife, Guerline Damas, and the children with rope, then slit their throats despite Mrs. Damas’ pleas for mercy. Damas admitted to having second thoughts about killing them, but was afraid to let his wife go because he thought she would call the police. Damas sited “bad spirits” as the reason for his actions. He tried to flee to Haiti, but was deported by authorities back to Florida where he was charged with murder.

This case is yet another in a seemingly growing trend of “familicide,” a special kind of murder/suicide that has risen in public awareness over the past several years. Financial difficulties can lead to familicide, but the most common reason cited is romantic trouble between the partners. It is tragic that the children are caught in the crossfire as adults attempt to erase their troubles with violence.

Find out more about this story at Florida Man Says 'Bad Spirits' Made Him Kill Family.

Twenty-one year old Christian Woods, of Belleview Florida originally told Escambia County, Florida deputies that her 18-month-old daughter was missing after she left the child, her twin sister, and a 2-year-old boy home alone while she went to Mobile, Alabama for the weekend. Escambia County, Florida authorities reported that Ms. Woods left the children with 6 containers of Jell-O and no water or electricity.

The 18-month-old girl was later found dead in a trash can, and her mother admitted to putting the girl there after she returned home to find the child dead. Ms. Woods has been charged with murder and two counts of child abuse. The other two children have been taken away by the Florida Department of Children and Families.

The article did not mention what drove Christina Woods to leave her children alone for the weekend with no food, water or electricity. It is almost inconceivable that a mother would subject her own children to such abuse and neglect. Children should be cherished and protected by their parents; when they are not the results can be quite tragic.

Find out more about this story at Deputies: Mom Put Dead Girl In Trash.

In Florida and other states, teachers, aides, and school administrators have a duty to supervise and educate our children. During the time that teachers are "on duty", it is vital that teachers are alert and awake so that they can properly supervise the children under their care. In Tampa, Florida, a middle school teacher (Kylene Nelson) went to work under the influence of alcohol. Her blood alcohol level was reported to be .26 which is more than three times the legal limit to drive an automobile in the State of Florida. Kylene Nelson entered into an agreement to resign and be eligible to return to a classroom in June 2013. The agreement must be approved by the State of Florida Education Practices Commission.

There were no reports that any children under this teacher's care suffered any personal injuries or harm on the date of the incident. Nevertheless, this teacher's intoxication needed to be addressed because it did put students in danger. Middle school student often times have poor judgment and safety awareness. As such, it is important for teachers to be watchful and ready to step in if there is a dangerous situation to the children. Furthermore, our children deserve the best that a teacher can offer. Having an impaired teacher because of drugs or alcohol certainly does not create an ideal learning environment for the students. You can read more about this story at Florida Middle School Teacher Agrees to a Suspension - Teachers Should Not Drink and Teach.

Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

In Bay County, Florida, a baby suffered serious personal injuries / burns as a result of a Meth Lab fire in her home. Chemicals that make up Meth are highly flammable. The 1 year old baby suffered burns to half of her body. The mother (Tessa Wagy) and the father (John Franklin Osborn) were arrested. Bay County Sheriff commented that the parents made choices. The innocent child victim had choices made for her. It is obvious that the child was put in a dangerous situation and home environment and greatly suffered as a result of poor and selfish choices by these parents. You can read more about this story at Bay County, Florida Baby Suffers Burns in Meth Lab Fire. The baby was taken to Joseph M. Still Burn Unit in Georgia.