Florida Child Injury Lawyer Blog

Throughout the year in Florida, there are festivals and parades that allow big towns and small towns alike to celebrate holidays, special events, and local pride, In Monticello, Florida, Ruth G. Dibiase died after being the victim of a crash at the Watermelon Festival.

The Florida Highway Patrol reported that Corteze Woody, 18, of Monticello, Florida was driving 60 miles per hour as he approached the Monticello downtown district. The speed limit in the areas is 25 miles per hour. Woody passed several vehicles before hitting a parked ambulance and SUV. The SUV flipped over. Ms. Dibiase was in the SUV at the time of the impact. This tragedy appears to have been caused by excessive speed and inattention. You can read more about this story at Woman Dies After Being Hit In Parked SUV at Watermelon Festival in Monticello, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Traffic Citations , Wrongful Death

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Florida's hot summers can be very dangerous to children especially those children left in hot cars. In Jacksonville, Florida, a 1 year old (Bernard Davis) was under the care of a babysitter, Shantel Wilcher, who left Bernard Davis in a hot car for 2 hours or possibly longer. Once she realized that she left the boy in the car, she went to the car and brought Bernard into the house. Thereafter, she performed CPR and Fire Rescue was called. Police report that Ms. Wilcher and others may have provided false information regarding the investigation. According to news reports, Ms. Wilcher was operating a non-licensed day care center.

This tragic story illustrates the importances of standards and licensing for day care centers. While hyperthermia deaths also have happened with licensed day care operators, the lack of licensing shows a day care center's attempt to cut corners as to the licensing, staffing, facilities, and overall standards. Most day care centers have rules and procedures for travel outside the day care center and require a checklist and other quality assurance measures to prevent these type of incidents from taking place.

You can read more about this story at 1 Year Old Child Left in Truck Dies - Caregiver Charged.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Camps / Summer Camps , Day Care Centers and Child Care , Wrongful Death

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In St. Johns County, Florida, a 1 year old girl died after her father had mistakenly left her in a car seat in this hot summer weather. According to a news report in the Florida Times Union website / newspaper, the father drove his wife to work but did not realize that the mother had put the little girl in her seat in the back of the vehicle. Rescue workers eventually were called over to the family home in St. Augustine Shores. It is truly tragic that this 1 year old little girl died in her car in the summer heat. You can read more about this story at Florida 1 Year Old Left in Car Seat Dies.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Medical Care & Health Issues , Wrongful Death

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A 4 year old Italian boy recently died from injuries sustained in an explosion at a hyperbaric chamber in a Lauderdale-by-the-Sea clinic. The incident happened on May 1, 2009. In addition to the death of Francesco, his grandmother (Vincenza Pesce) also died as a result of this blast. The family is represented by Fort Lauderdale attorney, Russell S. Adler, who stated that the incident should not have happened. Francesco travelled all the way from Italy to get this special treatment that could not be easily obtained in Italy. He had cerebral palsy. You can read more about this story at 4 Year Old Italian Boy Dies as a Result of Injuries from Hyperbaric Explosion.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Medical Care & Health Issues , Medical Malpractice , Wrongful Death

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During summer, teens and other children typically enjoy vacation and the freedom of being out of school. Statistics show that this time period (Memorial Day to Labor Day) involves the 100 most deadly days on the roadway for teens. It appears that summer months are the peak months for teen automobile accident deaths and personal injuries. Some experts believe that teen driving is getting worse over time rather than better. This is due, in part, to additional driver distractions in the form of mobile telephone conversations, text messaging, e mailing, and surfing on iphones, Blackberry devices, and other smart or advanced phones. Parents should warn and instruct their children about the dangers of driver distraction, drinking and driving and other driving habits that can and do result in automobile accidents. You can read more about the dangers of teen driving over summer months at Summer Time - Deadliest Time for Teens on the Road.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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Vans and buses transport large numbers of passengers through Florida roads every day. As such, when an an automobile accident involves a van or a bus, there often times are multiple personal injury and wrongful death victims. Near Lake County - Sumter County, a 1995 Dodge conversion van driver lost control of the vehicle and crashed into a median. There were 9 people in the van that was designed to seat just 7. Two woman died in the accident and several others were injured. Marie Nales, age 29, from Baltimore, Marland, died as a result of this automobile accident. Due to the overloading of the van, some of the passengers were not properly restrained at the time of the automobile accident.

You can read more about this story at Van Crash Leaves Two Dead and Several Injured in Lake County / Sumter County, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Wrongful Death

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Florida has the highest number of fatalities of bicyclists compared with other States. According to the National Highway Traffic Safety Administration, there were 113 bicyclists who died in Florida in 2008 and 121 bicyclists who died in 2007. These figures are quite disturbing when evaluating the numbers for Georgia, the state adjacent to Florida, had 16 deaths in 2007 and California, which is a larger and more populated state, had 109 deaths in 2007.

Florida drivers should take due care when driving near bicycle paths and bicyclists. This is especially true for child bicyclists.

You can read more about this story at Bicyclists Beware -Florida Is Most Dangerous State for Bicyclists.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Wrongful Death

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A Volusia County mother (Crystal Giachetti) is being charged with aggravated manslaughter for the drowning death of her son, Trenton Giachetti, who died on April 6. The medical examiner had previously determined that the death of the baby was an accident. Witnesses heard Crystal Giachetti comment prior to the death of her child that she "felt like putting the baby in the tub, turning on the water and leaving". Apparently, Crystal Giachetti had left in baby in the tub on prior occasions. Finally on April 6 - the baby, while left unattended in the tub, drowned and died. Crystal Giachetti will be entitled to a public defender or, in the alternative, can hire a private criminal defense attorney. I suspect that the defense will be that the chid died as a result of an accidental drowning and that there was nothing intentional on the part of the mother as to the child's drowning death. Whether the child died from simple negligence or criminal neglect or intentional acts, a child's life is lost as a result of a mother who failed this child. You can read more about this story at Mother Charged for Bath Tub Drowning Death of Child in Volusia County, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Wrongful Death

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In Florida and other States, class road trips to Universal Studios, Walt Disney World, and Sea World can be great fun. Some class road trips, however, turn out to be tragic. Recently a South Florida high school student (Elizabeth Codie Lewis - age 17) from South Florida College Preparatory School died in an automobile accident on the Florida Turnpike. She was the passenger in a vehicle driven by Livingston James Finely. Florida Highway Patrol reported that Finely probably fell asleep and lost control of the vehicle. Many others were injured in this crash as well.

No passengers were wearing a seat belt. It is disturbing that not one person was wearing a seatbelt. However, this may have no impact on a potential legal case. In order for the failure to wear a seat belt to be valid defense, it must be shown that there was an available and operational seat belt and that that seat belt would have more likely than not prevented an injury or lessened the severity of the the injury. If the impact of the accident would have caused Elizabeth to die anyway, the failure to wear a seat belt is irrelevant for a potential civil or insurance claim.

It is uncertain if this was a school sponsored trip or what kind of supervision was involved with this road trip. It is truly sad that a young high school student with some much promise lost her life on Florida roads.

You can read more about this story at South Florida College Preparatory School Student Dies in Automobile Accident on Florida Turnpike.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Wrongful Death

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Tampa, Florida was the site of a heinous crime recently. A 21 year old man, Richard A. McTear, Jr., is being charged with first degree murder. During a fight with an ex girlfriend, McTear threw her 3 month son from his car out onto Interstate 275 in an area north of Downtown Tampa. McTear had previously beaten the girlfriend and the child at an apartment complex. A news photographer (Jason Bird) for WTVT-TV in Tampa, Florida located the body off of the expressway.

There was a history of domestic violence between McTear and the former girlfriend. This is truly a tragic end of life for an innocent 3 month old child.

Children should be kept out of domestic fights and domestic violence This incident shows the true danger of domestic violence to even the youngest of children.

You can read more about this story at 3 Month Old Tampa Child Beaten and Found Off of Interstate 295 in Tampa, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Crimes Against Children , Traffic Citations , Violent Crimes , Wrongful Death

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In Florida, mothers and fathers are legally and morally responsible for the health, safety, and welfare of their child. It is quite sad when a young child loses his or her life when the child is abused or neglected by a parent. In Trenton, Florida. Kristina Hepp, a 4 year old girl, died as a result of both child abuse and child neglect. An autopsy and investigation by Dr. Martha Burt, Medical Examiner, concluded that Kristina's life could have been saved with more timely medical treatment.

Matthew Roland, age 23, was arrested and charged with aggravated child abuse and aggravated manslaughter of a child. Roland told investigations that he got into an argument with the child and spanked her. He also admitted to hitting the child with a belt.

Of course, Mr. Roland will be entitled to a legal defense on this case. Newspapers and web sites only include portions of the facts and information. It is difficult to detail all of the facts of a particular legal case in a newspaper article. The criminal case will not only depend on the harm done to the child but the apparent knowledge and actions of Mr. Roland. Did he inflict the injuries to the child that led to her death? Was Mr. Roland aware or should he have been aware of how seriously injured the child was? What were the particular injuries externally and internally by the child?

No matter the outcome of the criminal case - a young innocent 4 year old child died.

You can read more details about this tragic death and resulting investigation at More Timely Medical Treatment Could Have Saved Child's Life.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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The Child Protection Team (CPT) and the Florida Department of Children and Families investigate abuse cases in Jacksonville (Duval County), Florida and the surrounding North Florida area. Randall Alexander, a pediatrician in Jacksonville, Florida and the statewide director of the Child Protection Team, states that unemployment causes more adults to be at home which in turn increases the chances of abuse. Of course, this is a broad simplistic statement and theory that would be difficult to prove. Statistics are statistics though. The number of cases investigated by CPT increased 30 % from 2007 to 2008. CPT is mandated by Florida law to evaluate children who has suffered a head or neck injury, burns / fractures, and unexplained or suspicious bruises to children under the age of 5. CPT also is involved with matters involving sexual abuse, malnutrition / dehydration, medical neglect, and sexually transmitted diseases (STDs) found in prepubescent children.

The economy can be blamed for many of the woes in our State and nation for that matter. Yes, financial stresses and job loss can lead to violence to children and neglect of children. However, it should be noted that wealthy and affluent parents and caregivers also abuse and neglect children.

You can read more about the statistics and incidents of child abuse and neglect in the Florida Times Union newspaper article - Florida Child Deaths Rise in Poor Economy.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes , Wrongful Death

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Sarah Ludemann, age 18, was the tragic and unfortunate victim of a fatal stabbling in Pinellas Park, Florida. Sarah went to confront Rachel Wade about a boyfriend issue. The two started fighting. The fight ended with Rachel stabbing Sarah with a kitchen knife. Sarah died 1 hour later after the stabbing. Rachel Wade was arrested on charges of second degree murder.

A wrongful death case can be pursued by the family of Sarah Ludemann against Rachel Wade. The civil case may be covered by a homeowner's insurance policy. In Florida, most homeowner's insurance policies do not cover intentional violent acts of this nature. It could be argued that Rachel Wade did not mean to fatally stab Sarah Ludemann but only wanted to scare her or try to defend herself with the knife. Yes, it may be a difficult argument to make; nevertheless, there may be an element of negligence to this matter as to how the stabbing took place.

You can read more about this story at Florida Teenage Girl Stabbed to Death n Fight Over Boyfriend.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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Family of girl who died on field trip sued Orange County, School Board. Rametria Evelena Gilbert, age 13, was on a walking field trip to go to a local park. During the walk, she got tired and sat down to rest. The field trip involved kite flying at the local park.

The girl /student was left on a curb on the walk back to the school when she got tired and short of breath. The case will undoubtedly involve various medical and legal issues including the following:

What was the girl's prior medical history?

Did the parents approve the field trip?

Did the girl have any problems walking?

Did the girl have any physical restrictions while at school? Physical education?

What was the medical cause of death?

What amount of time elapsed between the girl sitting down and the call to 911?

What medical care could have or should have been provided to the girl in a more timely manner?

Even if the family proves that there was negligence, the family must also prove that the delay did indeed make a difference. In other words, the family must prove that more timely medical care would have within a reasonable degree of medical probability saved the girl's life.

You can read more about this story at Family of Middle School Student Who Died on the Field Trip Sues Orange County Florida School District.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety , Wrongful Death

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Florida counties, cities, and municipalities establish bicycle lanes for the use and safety of bicyclists. Drivers have a duty to yield to bicyclists utilizing these specially designated bicycle lanes. Unfortunately, some drivers fail to observe or visualize bicyclists in the these lanes and drive into the lanes while they are occupied by bicyclists. On Old St. Augustine Road, Chastity Rettinger, age 36, and another bicyclists were in the designated bicycle lane when they were hit by a driver who switched lanes. Tragically, Chastity Rettinger died at the scene. A homicide investigation will be completed by the Jacksonville Sheriff's Office and / or the Florida Highway Patrol to determine the cause of the accident. An autopsy may be performed to determine the cause of death which would appear to be the trauma from the incident.

All drivers are encouraged to yield to bicyclists especially children. Saving a life and avoiding serious personal injuries are much more important than saving time by getting somewhere quicker. Be on the lookout for all pedestrians, bicyclists, and other drivers. Their lives depend on your attention and safe driving habits.

You can read more about this story at Bicyclists Injured in Jacksonville, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Wrongful Death

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In Jacksonville, Florida and other cities in Florida, multiple vehicle accidents can lead to numerous injuries and death. Recently, an automobile accident in Jacksonville, Florida led to the deaths of two drivers and the injury of another in a three vehicle crash on State Road 9A in the Arlington area of Jacksonville. According to reports from the Florida Highway Patrol, a 60 year old driver was Lake Wells switched lanes and crashed into another vehicle. This caused one of the vehicles to cross over a median and crash into a Toyota SUV heading in the opposite direction. The victim in the Toyota SUV was identified as 21 year old - Jimmy Paul Le. Ali Reza Navazesh suffered minor injuries in the accident.

Some accidents are unavoidable. Other Jacksonville, Florida automobile accidents result from inattention and negligence. Some drivers are in such a hurry to get to his or her destination. Time or saving time is then given a greater priority than safety. In some automobile accidents, a driver's attempt to save a few minutes or save a few seconds can result in wrongful death and serious personal injuries.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Wrongful Death

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A bizarre and tragic incident recently took place at the Shooters Straight gun range in Altamonte Springs, Florida. Casselberry Police reported that Marie Moore, age 44, and her son, Mitchell Moore, were at the gun range. A video from the gun range showed that Ms. Moore walked up behind her son and shot him in the back of the head. She later put the gun in her mouth and pulled the trigger. According to family members, Ms. Moore had a history of mental illness.

You can read more about this story at Women Kills Herself and Her Son at Central Florida Gun Range.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Gun & Firearm Safety and Injuries , Wrongful Death

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In Orange Park (Clay County), Florida, a senior from Bartram Trail High School in St. Augustine (St. Johns County), Florida (Anthony Tyrone Lewis) was shot and killed with a handgun. His 15 year old stepbrother was found with the handgun. Anthony Tyrone Lewis was only 19 at the time of the incident. The State Attorney and the Orange Park (Florida) Police Department will conduct an investigation into the death of Anthony Tyrone Lewis. The story was reported in the Jacksonville Times Union at Bartram Trail High School Senior Shot in Orange Park.

It is tragic that a high school student died as a result of either gun violence or an accidental shooting. It is unclear from the news report as to how the shooting took place. This tragedy and others show the importance of gun safety especially when there are teenagers or children in the house. The State Attorney and Police will investigate the incident to determine the following:

Was the gun a legal firearm?

Who was the registered owner of the gun?

Was the gun properly secured prior to the incident?

How did the stepbrother gain access to the gun?

Did the owner of the gun know that teenagers could or would access the gun?

Was there negligence on the part of the gun owner or homeowner where the shooting took place?

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes , Wrongful Death

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The St. Petersburg (Florida) Police Department has reported that an arrest has been made in the shooting death of Paris Whitehead-Hamilton. Paris, who was 8 years old at the time of her death, was the unfortunate victim of a shooting. At the time of the shooting, Paris was sleeping in her home. Stephan Harper has been charged with first degree murder for firing a semi automatic weapon into Paris' home. News reports indicate that there may also have been others involved in this crime. The shooting resulting from an ongoing disagreement or feud with one of the adult occupants of the home. Further investigation through detectives discovered three assault weapons and two shotguns believed to be used to commit this crime.

You can read more about this article at Man Charged in Death of Girl Gunned Down in Her Home in St. Petersburg, Florida. <

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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In Kissimmee, Florida, Osceola County Sheriff deputies and Osceola Fire Rescue responded to a mobile home where a 4 month old infant (Jeremiah Shaneyfelt) was found to be unresponsive. The child later died a local hospital. Deputies arrested Michael Joseph Reid, Jr. (age 27) for child abuse. Apparently, Mr. Reid had been out on bond from a previous child abuse charge / arrest.

You can read more about this story at Man Charged with Infant's Murder in Kissimmee Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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A rear end accident caused the death of a Melbourne Beach, Florida man (Edward Kronemeyer) in St. Johns County, Florida. The crash took place on Interstate 95 Southbound near Florida State Road 16. Mr. Kronemeyer's 1966 Triumph convertible was rearended by a Sport Utility Vehicle (SUV) driven by Vonnier Queen of Jacksonville. The rear end crash pushed Mr. Kronemeyer's vehicle off the East shoulder of I 95 and went into the woods striking several trees. As a result of the crash, the Triumph was set on fire. Tragically, Mr. Kronemeyer lost his life in this accident. The Florida Highway Patrol will investigate the accident. You can read more about the accident at Melbourne Beach, Florida Man Dies in Crash in St. Johns Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Trucking Accidents , Wrongful Death

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Sharon Braun, a fourth grade teacher at Stephen Foster Elementary School, died in a tragic crash that also caused critical injuries to Gail Carter, a physical education teacher. Sharon Braun had a positive influence on her students and the entire school and community will be morning her loss. When a teacher or mentor dies, parents often question if the child should attend the funeral. Child experts have different views on how best to deal with the mourning process for a child. Some encourage children to attend the funeral. Others do not. This is a personal choice for parents to make with input by the child depending on the age of the child.

Sharon Braun taught at the school for over 30 years. She undoubtedly touched the lives of many students and families throughout her career.

You can read more about this story at School, Community, and Students Mourn Death of 4th Grade Teacher - Sharon Braun.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Education , Wrongful Death

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Search crews have located the bodies of a 8 year old girl and a man who drowned after falling into Lake Okeechobee on February 28, 2009. The details of the boating accident were not reported. As part of the investigation, it would be helpful to know the following details:

How many boats were involved in the boating accident?

What kind of boats were involved?

Were the passengers wearing life jackets?

What time did the boating accident take place?

What was the experience of the boat captains?

Was weather a factor in the accident?

What was the visibility?

Which boat had the right of way at the time of the crash?

What measures were taken to avoid the Florida boating accident?

Bodies of girl, man found in Lake Okeechobee

The story was reported by the Associated Press and the Florida Times Union Newspaper at Bodies of Girl, Man Found in Lake Okeechobee, Florida.

The Associated Press
OKEECHOBEE, Fla. — Crews have located the bodies of a girl and a man who fell into Lake Okeechobee when their boat tipped over.

Three people went into the lake during Friday night's boating accident. A Palm Beach County Sheriff's deputy pulled an eight-year-old girl from the water. She was taken to a local hospital and is expected to survive.

A sheriff's office spokeswoman says the body of a 7-year-old girl was found early Saturday morning. On Saturday afternoon, crews located the man's body.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Boating Accidents , Swimming Pool & Aquatic Injuries , Wrongful Death

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In Orlando, Florida, a brutal accident took place involving a pedestrian, Nissan Altima, and a semi tractor trailer. A pedestrian was walking across the street when the driver a a Nissan struck the pedestrian. Thereafter, the driver of the Nissan pulled over to check on the pedestrian when a driver of semi tractor decapitated the pedestrian and kept on driving. It was certainly a brutal and unsightly incident. The Florida Highway Patrol shut down the area at West Colonial Driver and Hiawassee Road for three hours to investigate. Investigators will attempt to identify the pedestrian victim with fingerprints. If anybody has any information regarding this accident, the FHP should be contacted. Hopefully, the semi tractor trailer driver can be identified and interviewed in order to find out more about this tragic accident.

You can read more about this story at Semi Tractor Trailer Decapitates Pedestrian and Flees the Scene in Orlando, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Pedestrian Injuries , Trucking Accidents , Wrongful Death

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A tragic accident recently took place in Jacksonville, Florida. A teen driver was moving the family car after a church service and accidentally hit his 3 year old nephew. The incident happened at approximately 1:15 p.m. in the afternoon. The teen reported that the driver's seat to the Dodge Intrepid broke as he was driving the vehicle. As a result of the seat breaking, the teen lost control of the vehicle and struck the 3 year old nephew. The 3 year old boy was taken to Shands Jacksonville with life threatening injuries. The incident took place in front of Summerville Baptist Church, near downtown Jacksonville, Florida.

The vehicle should be inspected by law enforcement to determine if the driver's seat caused or contributed to the accident. There are many factors that should be part of the investigation as to the seat:

What was the year of the vehicle?
Were there prior problems with the seat in the past for this vehicle?
Were there prior problems with the seat for Dodge Intrepids in the past?
Has there been any manufacturer recalls for the seat or any of the parts?
Was the seat probably positioned prior to the accident?
Is there a design defect as to the seat?

In addition to law enforcement, the family can hire its own investigator, engineer, and / or Florida child injury lawyer to further investigate this matter.

You can read more about this story at Teen Accidentally Strikes 3 Year Nephew in Jacksonville, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Wrongful Death

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Gabriel Delrisco caused an accident that killed three children. Delrisco was arrested for DUI after he was released from a hospital. His blood alcohol level was .239 which is approximately three times the legal limit. Mr. Delrisco's driving record was terrible. It has been reported that he had 26 previous driving citations and one prior DUI in 2001. A judge held Mr. Delrisco without bond until trial when the judge determined that Mr. Delrisco was a danger to the community. Mr. Delrisco rearended a vehicle occupied by the Serrano family that was stopped a red light. A candlelight ceremony was recently held in Homestead, Florida for the Serrano family. The family deserves the support of the community. It is certainly a tragedy that the Serrano family is mourning the death of three children who died as a result of the careless, reckless acts of a drunk driver. You can read more about this story at Miami, Florida Man Charged with DUI for the Deaths of Three Children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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Two men died as a result of a Baker County, Florida accident on State Road 121 about 2 miles South of Interstate 10. A Pontiac occupies by Charles Sharp, age 21, and David Moody, age 31, crossed over the center line and struck the left side of a Toyota pick up truck driven by Arthur Hewett.

The Florida Highway Patrol responded to the incident and will conduct a homicide investigation as to the cause of the accident and the identity of the driver of the Pontiac.

Just this past weekend, I travelled on State Road 121. Fortunately, there were no drivers crossing the center line as I travelled down this roadway. You can read more about this unfortunate accident at Two Die in Baker County, Florida Crash.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Wrongful Death

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Jason Gilmore, age 11, was the victim of an accidental shooting in Lake Worth, Florida. Jason and some friends were playing with a Glock 40 handgun that discharged. Another boy, age 9, was holding the gun when it fired. There were give other children and an 18 year old present when the incident took place in a home. The Glock 40 was actually a stolen weapon. The children apparently found the laser on the gun to be interesting and fun to play with.

The Glock 40 was obviously no toy at all. In the hands of anybody especially children, the Glock 40 is a deadly weapon.

Parental supervision along with the proper storage and locking of the gun may have prevented this tragedy from happening. The death of a child from an accidental shooting is a great loss for the family, child's school, neighborhood, and community. You can read more about this story at 11 Year Old Accidentally Shot by 9 Year Old in Lake Worth, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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Eric Kisielewski, age 25, of Orange Springs, Florida was the unfortunate victim of a hunting accident in Hawthorne, Florida which is located near Gainesville, Florida. Apparently, Mr. Kisielewski was walking through some heavy brush with his hunting partner, William R. Goethe, of Ocala when Mr. Goethe's shot gun discharged and shot Mr. Kisielewski. At this, investigators believe that the shooting death was accidental. The incident will be further investigated by the Putnam County Sheriff's Office and the Florida Department of Law Enforcement. You can read more about this incident at Hunter Accidentally Shot and Killed in Hawthorne, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Gun & Firearm Safety and Injuries , Wrongful Death

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On January 17, 2008, Morris Stein was the victim of an apparent accidental shooting in Tallahassee, Florida. Robin Stein has many memories of her son and has made it a mission to educate others about the dangers of guns and the importance of gun safety. Robin Stein even started a foundation in the memory and spirit of her son called the Most Foundation located at www.themostfoundation.org. Gun safety and education are so vital according to Robin Stein. She believes that tragedies that the one involving her son can be avoided.

You can read more about this story and Robin Stein's mission to honor the spirit of her son at Mother Works to Make a Difference Following Gun Death of Son.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Gun & Firearm Safety and Injuries , Wrongful Death

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A crash on the Buckman Bridge in Jacksonville / Orange Park, Florida has left one man dead and three injured according to the Florida Highway Patrol. The FHP reports that Jhony Nunez-Serrano was stopped hearing Northbound in the emergency lane at about 3:45 a.m. Another man, John Dame Robinson, of Green Cove Springs, crashed into the Nunez-Serrano vehicle. As a result of the crash, Mr. Nunez-Serrano died and three others were injured. The Florida Highway Patrol will complete a death investigation into this matter to determine the causes and contributing causes for the crash. Mr. Nunez-Serrano reportedly had mechanical problems with his vehicle and pulled into the emergency lane. It is uncertain and unknown at this time why James Dame Robinson was in the emergency lane. It is also certain if Jhady Nunez-Serrano put his caution / flashing lights on when he pulled over.

Toxicology testing will be completed for each driver to determine if drugs or alcohol played any role in this accident. In Florida, automobile accident cases are subject to comparative fault negligence laws. In other words, a jury can apportion fault between two or more people or Defendants if the jury determines more than one party was at fault. The Florida Highway Patrol report is important but is not binding for a civil case by an injured party. As such, an injured party can retain his or her own attorney and accident reconstruction expert to pursue a civil action regardless of the conclusions of the Florida Highway Patrol investigation, report, and conclusions.

You can read more about this unfortunate crash at One Dead, Three Hurt in Early Morning Buckman Bridge Crash in Jacksonville / Orange Park, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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A tragic automobile accident took place in Miami, Florida. The Florida Highway Patrol reported that a father was driving a mini van that was rear ended by a SUV. The father, Hector S. Serrano, was stopped at a red light when he and his children were rear ended by a SUV driven by Gabriel Delrisco. The children, Hector Serrano (age 10), Esemeralda Serrano (age 7) and Amber Serrano (age 4) were pronounced dead at the scene.

Officials with Florida Highway Patrol and Metro Dade Police will further investigate this case to determine if alcohol or drugs played a part in the accident. It is most unfortunate that innocent children had to die as a result of what appears to be careless driving in this rear end accident. You can read more about this story that was reported in the Miami Herald and the Associated Press at Three Children Dead in Rear End Crash in Miami, Florida.

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Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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In Florida, construction sites can be dangerous to children for a number of reasons. In Port Charlotte (Charlotte County), Florida, a 14 year old boy died after falling into a muddy trench at the construction site for the Behtanie Seventh Day Adventist Church. Danile Riccardi, Jr. was helping his father at the church construction site. He was trying to get water from a trench to mix concrete. Unfortunately, the process of trying to get the water, he fell into a trench. The trench's muddy area made it quick sand like in nature and the boy could not get out of the trench on his own. In fact, it took the Fire Rescue department over two hours to dig him out of the hole. The Occupational Safety and Health Administration will conduct an investigation into this incident.

The Occupational Safety and Health Administration will investigate the death. Numerous questions or issues will be addressed by this and any other investigations:

*How was the area near the trench set up?
*How long was the trench in place?
*Who knew about the trench?
*What entity had the responsibility for maintaining the property in the area of the trench?
*What safety measures should have been taken by the landowner?
*What safety measures should have been taken by the construction company?
*What safety measures should have been taken by the general contractor?

You can read about his story that was reported by the Associated Press and Sarasota Sun Tribune Newspaper at Port Charlotte, Florida Teens Dies in Construction Trench at Church.

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Posted In: Child Safety , Construction Accidents and Injuries , Wrongful Death

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Florida enjoys the reputation of being a tourist destination with warm weather and fun theme parks like Disney World, Universal Studios and Busch Gardens. Unfortunately, Florida also has the distinction of being the number one State in the United States for drownings. The United States Consumer Product Safety Commission ranks Florida as the number one State for infant drowning deaths. It is interesting and tragic to note that drowning is the second leading cause of death in children under the age of 14. In many drowning death and injury cases, the incidents are avoidable with better safety precautions and supervision. Barriers like pool fences and screen enclosures can help prevent many of child injuries and wrongful deaths due to drownings but parents and homeowners should not completely rely on these safety devices. Supervision is also important anytime children are playing in or near a pool area. You can read more about

You can read more about the problems and dangers of drownings and Florida and other States at Florida Has Number One Ranking in Swimming Pool Drownings.

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Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home , Swimming Pool & Aquatic Injuries , Wrongful Death

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Running a red light is a traffic violation. It can also lead to the death of innocent victims like Jayla Lee who was killed in a traffic accident that took place in Lake Wales, Florida. Mitchell Andrew Hilkemeyer ran a red light and crashed into the 1999 Chevrolet driven by Nicole Pounds and her passengers which included Jayla Lee. Jayla was seated in a child safety seat at the time of the crash. The Florida Highway Patrol reported that Jayla died at the scene.

It is a tragedy that a child dies and others sustained serious personal injuries when a driver runs a red light. This story shows the importance of following the rules of the roads and traffic devices. Take a few extra minutes each day to follow the rules of the road and traffic signals. It may take you a few minutes longer to get to your destination but these simple acts of following the law and traffic regulations can truly save lives. You can read about this story at Baby Killed in Central Florida Car Crash.

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Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Wrongful Death

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Jacksonville, Florida was the unfortunate location of headlines lately for the arrest of Jonpaul Anthony Harms (age 20) for the beating death of an infant. According to the Associated Press and Florida Times Union newspaper, Mr. Harms hit his girlfriend's infant twice with his fist because the child would not stop crying. An autopsy of the child indicated that blunt force trauma was the cause of death of the child.

Child, especially infants, will cry periodically. Why does a child cry? It could be because the child is hungry, thirsty, hot, cold, not feeling well, scared, sleepy, and a number of other reasons. Beating, punching, hitting, pushing or harming the child in any manner is no solution for a crying child. It is a crime. You can read more about the arrest of Jonpaul Anthony Harms at 20 Year Old Arrested in Jacksonville Infant Beating Death.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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Another Florida child has died as a result of a gun shot. Miracle Johnson, age 10, was playing in a bedroom of her great-grandmother's house in Fort Meade, Florida when she was shot according to the Polk County Sheriff's Office. Apparently, an 11 year old cousin was the one who fired the gun. News stories did not provide many important details about this tragic incident including but not limited to the following:

Who was the registered owner of the gun?
What kind of gun was fired?
What kind of safety precautions (if any) were put in place for this gun?
How did an 11 year old boy get his hands on the gun?
Could anything have been done to prevent this tragedy?

Children lack the judgment and good common sense when it comes to danger. This is especially true when dealing with guns and firearms. You can read more about the shooting of Miracle Johnson at 10 Year Old Shot in Home - Polk County Sheriff's Office is Investigating Incident.

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Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Wrongful Death

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In Florida and other States, adults are living with the memories and nightmares of child abuse, neglect, and exploitation well into their golden years. At the Florida School for Boys in Marianna, an investigation is under way for a pattern of suspected abuse and neglect that took place decades ago. Several former students who are now in their 60s have come forward to report abuse, neglect, and deaths that took place at what appears to be a nice and safe place for children. As the old saying goes, appearances can be quite deceiving. Within the confines of the Florida School for Boys in Marianna, there is a cemetery. Children should not be buried at a group home, reform school, orphanage, or other institution. These schools should be centers for learning, safety, good will, and compassion for children - not death.

Even Governor Charlies Crist and other State officials have stepped in to oversee the investigation as to the grave sites, causes of death, and reported abuse and neglect at this facility.

You can read more about this story at Florida Reform School Investigation Reveals Tales of Horrors.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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In Lauderhill (Broward County) Florida, a one year old (Lawrence Paul) died after he drowned in a canal behind his home. At the time he fell in, he was with his three year old sister. The children were under the care of an aunt when the incident took place. There was a fence behind the home but it had no lock on the gate.

In South Florida as well as the rest of the State, there are lakes, canals, rivers, streams, and other water ways throughout the State, it is vital that children was kept away from these most dangerous areas by installing secure gates with locks to keep children out. Water ways like canals can be deemed an attractive nuisance for children. As such, property owners, both home and business, have a duty to protect children from the dangers by installing proper barriers and fencing of the dangerous areas. Fences, locks, and proper supervision can help avoid serious personal injuries and wrongful death to children every year in Florida as well as the rest of the country.

In 2008, there were 11 child drownings in Broward County Florida according to the Sun Sentinel newspaper. You can read more about this story at 1 Year Old Broward County Child Drowns in Canal Near Home.

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Posted In: Attractive Nuisances , Child Safety , Swimming Pool & Aquatic Injuries , Wrongful Death

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Colton Hutchinson, age 14, was accidentally shot to death in the friend's home in Cape Coral, Florida. The father (David Casman) of the child, who discharged the weapon, was charged with culpable negligence for failure to secure a loaded gun. The .38 caliber gun apparently was not secured to keep it out the hands of curious and careless teenagers who some times lack the good judgment and experience to hand fire arms / guns. Many children and adults for that matter suffer serious personal injuries and deaths from accidental shootings every year. Many of these instances take place when a child get his or her hands on a gun that belongs to a parent but is not properly locked up or otherwise secured to be out of the reach of children.

This tragic wrongful certainly takes a toll on both families involved as well as the community as a whole. It also illustrates the importance of securing all firearms and guns away from children. A few moments and a few dollars used to properly secure a home can literally safe the life of a child or an adult who is the unfortunate victim of an accidental shooting.

You can read more about this story at Memorial Fund Set Up for Child Accidentally Killed by Gun in Friend's Cape Coral Home.

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Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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Two planes crashed over the Florida Everglades in midair. The planes' wreckage was located approximately miles west of the Fort Lauderdale / Hollywood Airport. Each plane had two occupants according to the Broward County Florida's Sheriff's Office. The wreckage area was only accessible by Airboat due to the swampy area where the wreckage landed. The FAA (Federal Aviation Administration) will conduct an investigation along with local authorities to try to locate the survivors (if any) and remains of the dead. It is interesting and tragic to note that each plane was on a training flight at the time of the crash. It is uncertain at this time who was piloting the planes at the time of the crash. The airplanes were identified as a Cessna 172 and a Piper PA-44 Seminole. According to the Broward County Sheriff's office, both planes were operating under Visual Flight Rules. This makes it the responsibility of the pilot for avoiding other aircraft in the airspace. One of the occupants of the plane has been reported to be Bryan Sax, a 37 year old from Aspen, Colorado. Sax has two daughters and a step son. You can read more about this tragic crash at Two Planes Collide over Florida Everglades - Four People Presumed Dead.

An accident reconstruction team will be assembled by the Federal Aviation Authority which will examine the wreckage, equipment, flight plans, documents from the aviation schools, and other documents / evidence to determine the cause of the crash and the responsibility for the crash.

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Posted In: Aircraft / Aviation , Wrongful Death

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A Volusia County, Florida teenager (Jamie Gibson) died recently in a home near New Smyrna Beach, Florida where he had been spending the night. Reports indicate that Jamie and two friends drank vodka mixed with ginger ale. According to the friends, Jamie drank most of the vodka. Jamie woke up at approximately 3:00 a.m., vomited, ate some bread and then went back to bed. Jamie was later found unresponsive by the friend who woke up an adult for assistance. Jamie was taken to Bert Fish Medical Center in New Smyrna Beach, Florida where he was pronounced dead.

Autopsy results of pending. It appears that alcohol may have played a role in the death of the teenager. There are good reasons for a drinking age of 21 in the State of Florida. Despite the law being in place, there are still ways for teenagers to get their hands on alcohol. Unfortunately when you combine alcohol, teenagers, and a lack of supervision for the consequences, it can be a deadly result. Teenagers, young adults, and even older adults for that matter often lack the judgment with alcohol to know when "enough is enough". Police will investigate how Jamie got his hands on the alcohol. Apparently, Jamie brought the alcohol to the house in a water bottle.

Parents and other adults should do their best to discourage and prevent teen drinking. There will be occasions and incidents where teens will drink no matter the circumstances. This should not, however, deter parents, family friends, and others from taking action to stop or curb the dangerous effects of teen drinking. The danger of teen drinking is not just on the roads but it is in the home as well. You can read more about the death of Jamie Gibson and the ongoing investigation at Law Enforcement Authorities Investigating Death of 17 Year Old in Volusia County Florida.

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Posted In: Alcohol & Drug Issues , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Wrongful Death

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The death of a child is an unnatural event for any parent or caregiver. A parent should not have to plan for or deal with the death of any children whether the death is due to an illness, medical condition, natural disaster, medical malpractice, or negligence of a driver, person or business. Parents typically do not out live their children. Unfortunately, for many families in Florida and other States, a parent must arrange for the funeral of a child. In addition to the stress and sorrow, there are costs involved with the funeral and final arrangements for a child. I found a helpful web site that covers topics of costs for a funeral as the costs can be quite high and burdensome for families. In addition, especially when dealing with the sudden, unexpected death of a child, the family has had no opportunity to plan, financially or otherwise, for the death of a children. Whether you are a parent dealing with a funeral for a child or other family member or you are a close relative or family friend trying to help someone going through this ordeal, you may find helpful advice at http://yourfuneralguy.wordpress.com/about.

Some automobile insurance policies pay out a death benefit when a person dies as a result of an automobile accident. There are other types of insurance policies that also provide similar benefits. Dealing with the grief and sorrow of the death of a child is certainly difficult. When there are unexpected and high costs involved, it only worsens the situation. As such, it is important to get some help from family, friends, advisors, and, in some cases, attorneys / lawyers when dealing with all of the demands, stresses, and problems associated with the death of a child.

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Posted In: Automobile Insurance , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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A 2 year old boy (Sergio Martinez) was run over while riding his tricycle in a driveway in Palm Beach, Florida. The Ford Explorer driver, Rangel Rauda, stated that she did not see Sergio as she was backing up her vehicle because there was a parked vehicle blocking her vision. You can read more about this story at Toddler Dies as a Result of Back Up Drive Way Incident at the Florida Times Union Web Site.

Back up drive way personal injuries and deaths to children in Florida and other States are a major problem and have been for years. Senator Bill Nelson (Democrat - Florida) even sponsored legislation to require new automobiles to have backing up safety systems in place to protect children who may be walking, crawling, or biking behind motor vehicles. The purpose of the legislation is to attempt to limit tragedies like the Sergio Martinez incident from taking place. You can read more about this legislation and the national problem of back up driveway deaths and injuries to children at the Official Web Site for Senator Bill Nelson.

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Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Pedestrian Injuries , Wrongful Death

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A Maplewood Elementary School teacher (Marion County) drowned after the teacher and her family were driven off the road by an unidentified driver. The second grade teacher - Carrie Hammer - of Ocklawaha, Florida was trying to get equipment from the vehicle that was in the pond for her son who has cerebral palsy. Her son was having some breathing problems due to being in the water. The equipment was needed to help suction her son. It is apparent from this tragic story that Carrie was a dedicated mother who put family first above all else in her life.

Another vehicle drove into the right of way of her husband, Sean Hammer, who was driving a truck. Mr. Hammer steered the truck off the road and into a pond to avoid a collision.

Carrie Hammer was later pronounced dead at the Munroe Regional Medical Center in Marion County, Florida. The Florida Highway Patrol is seeking assistance to help find the other driver who was in a white pick up truck or SUV. The other driver appears to be the cause of the accident. In addition, the other driver did not stop to render any help to this family who certainly was in need of assistance. Anyone with knowledge of this incident can contact the Florida Highway Patrol at 352-732-1260, ext. 236.

Marion County lost a very caring Special Education teacher. More importantly, the Hammer family lost a mother and wife to a tragedy that was caused by the negligence of another driver. Nothing can be done at this time to bring Carrie Hammer back but it would be nice to see justice done by locating the driver responsible for this tragedy. You can read more about this incident at Marion County Teacher in Crash / Drowning Remembered.

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Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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When a parent leaves his or her child at a day care center, it would be reasonable for the parent to expect that the child would be properly cared for and not placed in danger. The above You Tube video shows how tragedy can result from inattention and simple and careless mistakes made by day care and child care personnel in Florida and other states. It is vital for day care, child care, and school drivers of buses, vans, and vehicles to make sure that all children have properly exited the vehicle and that no child is left in an unattended vehicle. Leaving a child in an unattended vehicle can lead the hyperthermia, hypothermia, dehydration, suffocation, injury from automatic doors and windows, strangulation from seat belts, and other injuries and yes, in some cases, death.

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Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Wrongful Death

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It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

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Posted In: Alcohol & Drug Issues , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Wrongful Death

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A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

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Posted In: Attractive Nuisances , Child Safety , Day Care Centers and Child Care , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Special Needs Children , Sport Related Injuries , Wrongful Death

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Cities like Jacksonville, Florida have parades to celebrate holidays and special occasions. Parades are filled with crowds of adults and children there to have fun. Unfortunately, parades have been the location of several serious injuries and deaths to children. Whether riding on a float, walking in the parade, or just among the crowd, children have fallen victim to these unfortunate incidents.

In December 2007, a 9 year old boy died when his leg his leg somehow got tangled up in the vehicles wheel well. He was pulled under the float, run over and later pronounced dead at the hospital. “It is a tragedy that is beyond words,” said Plant City Police Chief Bill McDaniel. “This is a night of fun and celebration for the holidays and this night ended as tragically as it possibly could.

A 7-year-old boy was in stable condition Saturday after he was injured in a Chirstmas parade, according to a hospital official.
Jacob Johns was riding on the St. Johns County Parks & Recreation Department float when his dangling feet got caught in the tires, pulling him down. The float drove over the boy's abdomen. He was taken to Shands Jacksonville hospital for treatment.

A nurse and rescue worker who were watching the procession in St. Augustine cared for the boy until crews arrived, The Florida Times-Union reported.

One year prior in December 2006, a 9 year old girl died in a parade in Louisiana.

Safety should be the primary consideration when putting a child on a float or trailer. In addition, safety precautions should be taken for those children walking in parades as well. Enjoy a good parade and make sure that your children and others are kept out of harm's way.

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Posted In: Automobile Accidents , Child Safety , Wrongful Death

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Dillard High School, in Fort Lauderdale (Broward County) Florida was the site of a wrongful death (murder) as one student (Teah Wimberly) shot another student (Amanda Collette - Age 15) in the crowded hallway of the school. The Fort Lauderdale Police Department responded to the scene and arrested Teah Wimberly and charged her with first degree murder. Teah Wimberly called police from Capatain Crab's Take Away. Several students witnessed the incident and could have been shot as well since the shooting took place in a crowded hall way. While police have the suspect in custody who clearly shot the other student, there are several questions and issues to investigate by the school system, police, and the state attorney's office. Were there prior threats by Teah Wimberly? What kind of student was Teah Wimberly? What were the issues between Teah Wimberly and Amanda Collette? How did Teah Wimberly bring the gun into the school? Were there prior shootings in the school? What precautions were taken to help prevent violence in the school? You can read more about this tragedy at Florida High School Student Shot in Crowded Hallway at Dillard High School.

It would be very important to know who owned the gun and how this 15 year old (Teah Wimberly) got her hands on the gun to commit the heinous and terrible act of murdering another child.

The Center for Disease Control and Prevention reports that over 5000 young people ages between 10 and 24 were murdered. Over 80 % of the victims were murdered by a firearm. You can read more about the Center for Disease Control and Prevention studies and analysis of violent crimes and firearms at the Center for Disease Control and Prevention Web Site.

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Posted In: Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes , Wrongful Death

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The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Negligent Security , Playground & Recreation Injuries , Slip & Fall Injuries , Trucking Accidents , Wrongful Death

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Children suffer serious personal injuries and, at times, death as a result of dog bites every year in the State of Florida. I located a very informative website called www.dogsbites.org which is a education web site about dog bites and the dangers of certain breeds of dogs in the United States. The site has a good deal of information of the dangers of Pit Bulls, Chow Chows, Rottweilers, and Wolf Hybrid breeds. There is a public debate on the issue of dangerous dogs created by breed, environment, or a combination of the two. dogsBites.Org and many other safety advocates recommend a ban on certain breeds including Pit Bulls.

dogsbites.org reports that dog bites can be very traumatic for children. Due to the short height of most children, facial wounds and injuries are very common. For serious dog bite incident, multiple surgeries may be necessary which may include several skin grafts and reconstructive surgery.

According to the Center for Disease Control, injuries from dog bites include puncture wounds, lacerations, contusion wounds, fractures, amputations, and complications due to infection.

Visit dogsbite.org and educate yourself about various dog breeds, tragedies that have taken place nationwide, and safety measures to take to protect your family and children.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Wrongful Death

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Dana Treen, a reporter with the Jacksonville Times Union Newspaper Web Site, reported on a number of automobile accidents andtrucking accidents on the Web Site. One involved Jason Tripp, age 28, who fell from the back of a pick up truck on West Beaver Street in Jacksonville, Florida. A homicide investigation and report will be completed by the Jacksonville Sheriff's Office. The driver of the truck did not realize that Mr. Tripp had fallen out of the truck until he reached his destination 1 mile later.

While riding in a pick up may be an American or Southern Tradition, it is also a bad and dangerous activity that can and does lead to tragedy. This is especially true for children. The beds of pick up trucks are meant for equipment, trash, and other objects that are properly secured. The beds of pick up trucks are not good for the transportation of adults or children. See Accident Reports and Injuries Reported by Dana Treen at the Jacksonville Times Union Web Site.

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Posted In: Automobile Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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In Orlando, Florida, two men died when a car driven by Alester Martinez ran a stop sign and crashed into a Lynx (Orlando, Florida) Bus. Mr. Martinez was injured in the accident but survived. His two passengers, who were not wearing seat belts, died as a result of the crash. Two of the bus passengers were also injured.

Stop Signs serve a basic but very important function of directing traffic and giving one street the right of way. It is the duty of every driver to stop at a stop sign, look carefully for traffic, and only proceed when traffic is clear and safe to do so. Careful driving and obeying traffic signs and signals can help avoid many automobile accidents and trucking accidents which result in thousands of injuries and deaths every year on Florida roads. Mr. Martinez ignored these basic rules of the road by running the stop sign. The Orange County Sheriff's Office, Florida Highway Patrol, and / or other police agencies will conduct a homicide investigation to determine the cause of the crash. See Crash with Orlando, Florida Bus Results in Two Deaths.

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Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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Every year, children die in Florida and other States from hyperthermia which is a condition where the body absorbs more heat than it can handle. Hyperthermia frequently occurs when a child is left in a hot car. This type of child injury in Florida can be avoided with common sense. In Florida and other Southern States, it can be hot enough to cause the death of a child for most of the year. Recently, in Kentucky, a 2 1/2 year old died in his grandmother's car while his grandmother went to work. Coroner, Boy, Age 2, Dies in Car While Grandmother at Work.

In addition to hyperthermia, there are other dangers of leaving a small child alone in a vehicle which include abduction, suffocation, wandering away, choking, and many other dangers. Keep your children safe, cool, hydrated, and close to you at all times. Leaving a small child in a car alone is just not safe.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Wrongful Death

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In St. Augustine, Florida, Bobbie Jean Dengler, age 41, died as a result of a crash with a semi tractor trailer driven by Garfield Brown. The Florida Highway Patrol reported that fog may have played a role in the truck driver not seeing Ms. Dengler when the truck driver pulled in front of her.

The dangers of semi tractor trailers on the road are exaserbated when weather conditions like fog are factored in. It is important for all drivers including semi tractor trailer drivers to pay attention to traffic, road conditions, and weather conditions when driving on Florida roadways. This story was reported along with other daily incidents at the Jacksonville Times Union Newspaper Web Site.

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Posted In: Automobile Accidents , Trucking Accidents , Wrongful Death

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Parents, caregivers, and Child Care / Day Care Centers should check their cribs to make sure that the cribs were not manufactured by Delta Enterprises since this company recently recalled nearly 1.6 million cribs. Apparently, cribs manufactured by Delta Enterprises posed a danger to infants. The wrongful death of two infants prompted the recall. You can read more about the recall at 2 Infant Deaths Prompted Recall of 1.6 Million Cribs - Hardware, Moving Parts Should Be Checked.

All cribs should be checked to make sure that they are secure, safe, and free from any dangers or defects that could harm a child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Day Care Centers and Child Care , Wrongful Death

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A tragic automobile accident and death took place in Alma (Bacon County), Georgia. Five month old Kellan McCarty was the passenger in a SUV driven by Jade Nicole Lee, a 16 year old relative. The initial investigation reported that Lee lost control of the Chevy SUV. In response, Lee "over corrected" and ran off the roadway, into a ditch, and then into a tree. Kellan died as a result of the accident related injuries.

Georgia Highway Patrol also reported that the car seat was improperly installed in the vehicle. It is uncertain at this time if the car seat's proper installation would have reduced or prevented injury to Kellan.

Kellan was airlifted to Memorial Health University Medical Center in Savannah, Georgia.

Some tragedies like this can be prevented. Others are the unfortunate circumstances of weather, timing, and the sheer dangers of driving on the roads.

The story does show the importance of safety at all times. If you are not sure about the position, placement, or tethering of a car seat, you can contact various safety organizations and police departments for a safety check. See Alma child in improperly installed safety seat dies after crash.

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Posted In: Automobile Accidents , Child Safety , Wrongful Death

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An independent study ranked among the 10 worst highways in the United States. The Florida Department of Transportation dismissed the study. University of North Carolina at Charlotte professor David Hartgen ranked highway systems in 12 categories, including traffic fatalities, congestion and the amount of money spent on roads in 2006 compared to the number of road miles in a state. The study has been questioned by the Florida Department of Transportation and other officials. You can read more about the study at Florida Roads Bad on Congestion and Fatalities Again.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Wrongful Death

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Blanch Whiddon and James Whiddon were the unfortunate victims of a trucking accident that took place on New Kings Road near Moncrief Road in Jacksonville, Florida. Witnesses reported that the semi tractor trailer failed to obey the traffic signal and violated the Whiddon's right of way. Wife dies after wreck that killed husband in Jacksonville, Florida.

Trucking accidents can be avoided with slower speeds, better attention, and compliance with the rules of the road and traffic signals.

One major problems with roadways in Jacksonville, Florida and the rest of the United States is the disparity in size between vehicles on the road way. Just today, I saw a gentleman driving the new Smart car that is put out by Mercedes Benz. While I have heard that the Smart car received good safety ratings, the Smart car is no match for a Hummer, SUV, dump truck, commercial vehicle, or semi tractor trailer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Trucking Accidents , Wrongful Death

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Simple household and sporting equipment / objects can be deadly in certain circumstances. In Holly, Michigan, a 7 year old boy after he was accidentally hit by a friend with a child sized golf club. The children were playing in or near the garage the other boy's father was doing yard work. The injured child was taken to Genesys Regional Medical Center in Grand Banc where the child died. See Blow to Head With Child-Sized Golf Club Kills Boy, 7, in Michigan.

I have a set of child golf clubs and bats in my garage. I do my best to supervise my children when they are playing baseball, whiffle ball and other sports. Teaching children to stay a safe distance away from a bat (even in a whiffle ball game) is important. Incidents like the one that happened in Holly, Michigan are tragedies but also teaching tools that the all parents and those who supervise children should pay close attention to in supervising and instructing children on safe play.

While a death of this nature is not an everyday event, injuries from common household objects and sporting equipment combined with the negligence of others (yes, that can include the negligence of another child and / or parent) do happen everyday. These type of injuries may warrant a claim against a homeowner's insurance policy depending on the facts and circumstances. As a Florida child injury lawyer and parent, I am sensitive and quite aware of these type of incidents and all of the legal, moral, and practical issues that go along with these cases.