Flo Rida Charged With DUI in Miami Beach While Driving $1.7 Million Bugati: How DUI Charges Can Impact Personal Injury Claims

You may know him as the guy with the hit song "Low" but Miami knows Tramar Dillard as Flo Rida (get it, Florida?) and when Flo Rida was arrested before sunrise this morning here in Miami Beach for suspicion of driving under the influence, he was just one more celebrity partying on vacation here in South Florida that may have had one too many.

Celebrities like Miami, Miami likes celebrities. Around here, we're not too surprised that Flo Rida may have been tipsy at 3:30 am -- but that ride is causing some talk. Seems that Mr. Dillard was driving a $1,700,000 car when he was pulled over: a red and black Bugatti.

According to police reports, Flo Rida was found to have a blood alcohol content that was twice the legal limit, and he failed a field sobriety test to boot. Now, that's all criminal stuff, right? Nothing to do with personal injury lawsuits, right?

In Flo Rida's case, right. Thankfully neither Mr. Dillard nor his very, very nice car were injured in any way - nor was anyone else (or anything else).

However, there's a lesson to be learned here. Driving drunk - and things like BAC levels -- can be used in personal injury lawsuits that involve major damages for wrongful death, severe injury, car crashes, pedestrian accidents, and the like to help prove the element of CAUSE.

In an accident case, the plaintiff must prove four basic things: duty, breach, cause, harm. A car driver has a duty to drive in accordance with state law, and if he violates the law then he is in breach of that duty. Driving under the influence proven in a criminal court is easy evidence here: just put the authenticated criminal records into evidence in the injury case.

Next comes cause - did that breach cause the plaintiff's harm? An accident while the driver has a BAC above the legal limit helps to establish the cause of the injury - and it's evidence that's been compiled by law enforcement, easy for a plaintiff's attorney to get and use in the civil suit.

No, Flo Rida isn't involved here in any injury suit. However, his arrest today does give us pause - or it should. Things could have been very bad this morning and we could be worried about Flo Rida today just like we are about Sean Kingston. And that Bugatti is pristine today just like it was yesterday, thankfully.

Duty, breach, cause, harm. The other side of driving under the influence - it's good to know.

By Bryant Esquenazi on June 9, 2011 1:55 PM

E coli O104 Outbreak Spreads from Europe to USA: Confirmed Victims in Tennessee and Virginia - Tips for South Florida to Avoid Exposure

There is a dangerous bacteria killing people in Europe, and now the Center for Disease Control and Prevention has confirmed that it's already been found in the states of Tennessee and Virginia. It's being called "E coli O0104" and we need to be ready for it here in South Florida.

Over in Germany, the World Health Organization is reporting that locating the source of the bacteria may not happen because they are running out of time: is it vegetables, is it meat? There doesn't seem to be a common thread running between the victims (not everyone ate the same thing, swam in the same lake, etc.).

In May 2011, the FDA reported USA was safe: now Tennessee and Virginia have been hit with European E. coli strain

Tragically, a two year old little girl in Dryden, Virginia, died this past weekend from E coli O104 bacterial infection.

The Food and Drug Administration (FDA) has issued a statement on the E. coli O104 outbreak in Europe, and there should be more coming from the FDA very soon.

From the FDA, we know that:

• consumers in Germany have been warned to avoid raw tomatoes, cucumbers and lettuce.
• as of the date of this first release, the FDA believed that this outbreak had not affected the U.S. food supply.
• the U.S. receives relatively little fresh produce from the EU, due to the short shelf life of most fresh produce and the availability of closer growing areas in the U.S. and Central America.
• in May, the FDA established additional import controls to protect against E coli O104, including increased surveillance of fresh tomatoes, cucumbers, lettuce and raw salads from areas of concern.

Miami - Here's What You Should Do Now To Protect Against E coli O104 Bacteria Outbreak

The Food and Drug Administration recommends the following when dealing with raw fruits and vegetables:

1. When preparing any fresh produce, begin with clean hands. Wash your hands for 20 seconds with warm water and soap before and after preparation.
2. Wash the produce under running water just before preparing or eating. This includes produce grown conventionally or organically at home, or produce that is purchased from a grocery store or farmer's market.
3. Proper storage of fresh produce can affect both quality and safety. Certain perishable fresh fruits and vegetables (like strawberries, lettuce, herbs, and mushrooms) can be best maintained by storing in a clean refrigerator at a temperature of 40° F or below. If you're not sure whether an item should be refrigerated to maintain quality, ask your grocer.
4. All produce that is purchased pre-cut or peeled should be refrigerated to maintain both quality and safety.
5. Cut away any damaged or bruised areas before preparing or eating.
6. Gently rub produce while holding under plain running water. There's no need to use soap or a produce wash.
7. Wash produce BEFORE you peel it, so dirt and bacteria aren't transferred from the knife onto the fruit or vegetable.
8. Use a clean vegetable brush to scrub firm produce, such as melons and cucumbers.
9. Dry produce with a clean cloth or paper towel to further reduce bacteria that may be present.
10. Throw away the outermost leaves of a head of lettuce or cabbage.

By Bryant Esquenazi on June 7, 2011 10:34 AM

Miami's Sean Kingston, Hip Hop Star, in Near Fatal JetSki Accident While on Vacation Here in Miami Beach - The Importance of Cause in an Injury Claim

Singer Sean Kingston, born here in Miami, was involved in a very, very serious accident last Saturday when he was having fun with friends, cruising the MacArthur Causeway on a personal watercraft (which most know as a JetSki, though it's unclear who the maker is of the product that Sean Kingston was using - others include Yamaha WaveRunners and SeaDoos).

Today, Sean Kingston is in the Jackson Memorial Hospital ICU after he crashed that watercraft while going at a high speed.

According to his friend, who was riding behind him at the time, Sean was riding toward the Palm Island Bridge when he realized that they would not fit under the bridge. As he turned the watercraft, both Sean Kingston and his passenger, Cassandra Sanchez, were thrown into the water.

A Good Samaritan in a nearby boat grabbed them from the Causeway, and while Cassandra was banged up but otherwise okay, Sean Kingston has suffered severe trauma and is far from out of the woods at this point.

Meanwhile, friends like Serena Williams are popping into the hospital for a visit and Justin Bieber is tweeting about Sean's condition - Sean Kingston was Bieber's opening act during his last tour. Police officials have confirmed that alcohol wasn't involved.

Florida Personal Watercraft Laws Designed to Protect Against Serious Accidents Like This One

Miami Beach - and most of Florida - is filled with water-people. Tourists and locales alike love the sun and sand and surf: there are lots of personal watercraft (like JetSkis and WaveRunners) in use every day. Which means that there have been more accidents here in Florida involving these personal watercraft than in other states, and the Florida Legislature has enacted lots of regulations over their use.

From the Florida Fish and Wildlife Conservation Commission site, here is a summary:

1. Each person operating, riding on, or being towed behind a personal watercraft must wear an approved non-inflatable Type I, II, III, or V personal flotation device (PFD).
2. Inflatable PFDs are prohibited for personal watercraft use.
3. The operator of a personal watercraft must attach the engine cutoff switch lanyard (if equipped by the manufacturer) to his/her person, clothing or PFD.
4. Personal watercraft may not be operated from 1/2 hour after sunset to 1/2 hour before sunrise, even if navigation lights are used. Remember, both federal and state law requires the use of navigation lights from sunset to sunrise.
5. Maneuvering a personal watercraft by weaving through congested vessel traffic, jumping the wake of another vessel unreasonably close or when visibility around the vessel is obstructed, or swerving at the last possible moment to avoid collision is classified as reckless operation of a vessel (a first-degree misdemeanor).
6. A person must be at least 14 years of age to operate a personal watercraft in Florida.
7. A person must be at least 18 years of age to rent a personal watercraft in Florida.
8. It is unlawful for a person to knowingly allow a person under 14 years of age to operate a personal watercraft (a second-degree misdemeanor).
9. Anyone born on or after January 1, 1988 is required to either have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination and have in their possession a boating education ID card and a photo identification card before operating a vessel with a motor of 10 HP or more in Florida. Identification cards for persons completing the course or the equivalency exam are good for a lifetime. Temporary Certificate exams are made available to the public through contractors. The temporary certificate is valid for 12 months from the issue date.

Any personal injury lawsuit that arises from a serious personal watercraft injury or wrongful death will face an insurance company (and defense attorney) going through this list with a fine-toothed comb, looking for ways to make the driver responsible for his own accident.

However, these regulations should not intimidate someone who has been harmed on a personal watercraft from pursuing justice under Florida law because:

• if the watercraft malfunctioned in some way,
• if there were insufficient instructions on its use,
• if there was blockage in the water itself because no one had cleaned out the trash,
• if there was an intentional distraction (someone flashing a blinding light, crying out, etc.),
• or if there was another cause of the crash,

then these regulations will not suffice as a barrier to the plaintiff (or his surviving loved ones) from making those responsible take on that responsibility. Legal causation must be determined - and what is seen at first glance in an accident may not reveal what has happened to cause that accident and injury.

 By Bryant Esquenazi on May 31, 2011 1:17 PM

Florida Court Okays $500,000 Maximum Award for Doctor Negligence, Medical Malpractice Plaintiffs Awards Are Capped

Unless the United States Supreme Court changes things, the decision of the United States Circuit Court of Appeals for the Eleventh Circuit has approved a Florida law that limits the amount that injury victims can receive in lawsuits based upon medical malpractice to $500,000 in noneconomic damages.

In other words, no matter how stupid or horrific the mistake made by the doctor or nurse, Florida plaintiffs can only obtain (1) reimbursement for expenses (their economic expense) and (2) $500,000 for everything else.

You can read the 11th Circuit's opinion here.

A few years ago, the Florida Legislature passed a law that limited medical malpractice claims' noneconomic damages (pain, suffering, etc.) to $500,000.00. It wouldn't matter what were the facts of a particular case -- no what a judge or jury thought, the law basically gave the health care provider a Free Pass after that amount was paid.

The brave family of one woman, Michelle McCall, who died in 2006 during childbirth due to a nurse's error combined with a doctor's failure to check Mrs. McCall's blood pressure. They challenged the justice of this by filing a wrongful death lawsuit.

McCall Trial Judge Approved $2,000,000 as Justice for Death of Michelle McCall

The Florida judge who heard the facts of the McCall tragedy held that they should receive to $2,000,000 million in non-economic damages. Under the Florida statute, this was gutted per the $500,000 cap. So, the McCall family appealed.

They argued that the statute was passed back in 2003 on a lie: back then, Florida's med mal cap was passed amidst a brouhaha that medical malpractice insurance premiums were going to skyrocket, and that soon it would be too risky and expensive for doctors to practice. The 2003 law was passed to help keep doctors' office doors open.

However, the McCalls, argued this was a Chicken Little argument, the sky never fell. So, the courts shouldn't respect the $500,000 cap when it was so obviously an injustice, disregarding what the judge had decided was a fair amount based upon the facts of the case.

McCall Family Stymied by $500,000 Cap Unless U.S. Supreme Court Helps Them - and Every Other Florida Victim of Serious Medical Errors

The appellate court was not swayed by the McCalls' arguments. Now, only if they have the financial stamina and emotional wherewithal to try and take their case to the Highest Court in the Land will this not be a slam-dunk win for doctors and their insurance companies in this state.

By Bryant Esquenazi on June 2, 2011 2:47 PM

This is National Hurricane Preparedness Week: We Get More Warning Than Joplin Could, Miami, Let's Take Heed and Avoid Serious Injury and Death

Right now, in the midst of National Hurricane Preparedness Week, Miami joins the rest of America in watching the continuing massive destruction that the recent wave of huge thunderstorms and powerful tornadoes has caused throughout the Midwest.

According to the National Oceanic and Atmospheric Administration, the United States tornado death toll in 2011 is the highest ever through the month of May in the NOAA-NWS official record (1950-present).

Here in South Florida, we understand what it means to folk in Joplin, Missouri, and other hard hit areas: hurricanes and tornadoes are different, but the horrors they leave behind are the same.

The Joplin tornado exceed 200 mph and destroyed 30% of the town. You can watch the Associated Press video of the storm and its damage here. Right now, there are 232 names on the Joplin Missing List.

June 1st is the Start of Hurricane Season

Next week, the 2011 Hurricane Season begins. NOAA is predicting that we are going to have a higher than number of hurricanes in the Atlantic Ocean this year. NOAA is predicting the following:

* 12 to 18 named storms (winds of 39 mph or higher), of which:

* 6 to 10 could become hurricanes (winds of 74 mph or higher), including:

* 3 to 6 major hurricanes (Category 3, 4 or 5; winds of 111 mph or higher)

Getting Ready Now for a Bad Hurricane Coming

Last year, on the eve of Hurricane Season we posted steps everyone should take to make sure they have adequate insurance protection on their homes, cars, boats, RVs, motorcycles, and themselves long before the weathercasters start predicting landfall of a storm.

To read that list of tasks you should undertake now, read our post "Hurricane Earl and Miami: Tips for Preparing Now 4 Hurricane Storm Damage Insurance Claims."

Hopefully, South Florida will escape the horrors that Joplin, Missouri, is dealing with today. However, it is best to be prepared for a huge hurricane: we're in the high risk area, after all.

Luckily, there are several sources of information online that you and your family should review now. They are both downloadable documents and short videos to watch, prepared by the National Hurricane Center as part of National Hurricane Preparedness Week.

Go check this stuff out -- it's easy stuff, and we need to be ready now. Unlike the tornado sweeping down on an unexpected Joplin, we're getting advance notice of the Big Storm Coming.

By Bryant Esquenazi on May 26, 2011 3:21 PM

Casey Anthony Opening Statements Today - Florida Example of How Trials Really Work, B4 You Get There

Casey Anthony's trial began today and in her attorney's opening statement, revelations were given to us all about how her daughter Caylee Anthony died, including allegations that her father George Anthony was involved in covering-up the drowning death of the toddler.

It's being called the biggest trial since O.J. Simpson and most of the news media, national and local, is covering this story. Nancy Grace has her show dedicated to this trial nightly.

You can watch the live feed of the Casey Anthony trial here.

True enough, this is a criminal trial. Personal injury cases have civil trials. Civil procedure and criminal procedure is different.

What Personal Injury Claimants and Plaintiffs Can Learn By Watching the Casey Anthony Trial

Nevertheless, anyone considering filing a personal injury case can learn a lot by watching this trial about what it means to be a plaintiff in a courtroom, fighting for justice when they or a loved one has been seriously injured or suffered a wrongful death.

In a Florida civil trial, just like a Florida criminal trial like the Casey Anthony trial going on now in Orlando, you will have the following:

The Judge
Sitting in robes above the rest of the participants, and able to see everything that's going on, the judge has the job of making sure that proper trial procedure is followed and that the law is followed: when necessary, the judge will make decisions on points of law.

The Jury
Civil plaintiffs must ask for a jury (and pay a jury fee); in criminal cases, they are mandatory unless the defendant waives the jury (and then the judge decides the case). In major cases, there are 12 jurors. In cases with smaller amounts in controversy, there may be less than twelve.

The judge decides what is legally admitted as evidence. The jury decides the facts based on the law given to them (in jury instructions) and the jury makes the final decision (verdict).

The Parties

In a personal injury case, the one who files the suit is the "plaintiff," and the one who is sued is the "defendant." The defendant learns of the lawsuit in pre-suit negotiations, usually; however, some defendants first learn of the lawsuit when they are served with notice of the complaint being filed.

The Evidence

Witnesses give testimony on the stand or via deposition. Witnesses also "prove up" documents that serve as evidence. This can take days or weeks.

The Record

A court reporter is responsible for keeping track of all that happens in the trial: recording all the words spoken and all the exhibits entered as evidence. The record will be the transcript of what the witnesses said in words and the documents that were admitted into evidence. This is what the appellate court reviews if an appeal is filed: the record that the court reporter has accumulated, sealed, and sent to the appeals court.

The Trial
Jury is selected

1. A panel of potential jurors is pulled from the jury room and they are brought to the courtroom. Attorneys for both sides question them, and the judge will sometimes ask questions, too. The goal is to get 12 unbiased people to serve on the jury, along with a couple of alternates.

2. Opening Statements

Lead attorneys for both sides make opening statements. Here, the lawyers give the jury an outline of what they will prove in the evidence. The Plaintiff's attorney gets to speak first at trial, before the defendant's attorney summarizes their defense.

3. Evidence is Given By Both Sides

Witnesses are called. The lawyer that calls the witness asks questions in "direct examination" and the opposition asks his/hers in "cross examination." Documents are presented as evidence as witnesses testify, unless the parties have argued documentary evidence already with the judge in a pre-trial motion.

4. Case Closes

After both sides are finished (they "rest"), then the attorneys give "closing arguments" to the jury.  Each side analyzes the evidence that has been presented during the trial, and argues how it fulfills his position. The Plaintiff will have the chance to rebut the defense's closing argument (and in a criminal case, the prosecution will offer a rebuttal)
5 Jury Decides

After the closing arguments, the judge will instruct the jury - and they will get written instructions that relate what the judge has said. They jury will then be escorted to the jury room to meet and decide. In some cases, they will be sequestered, and forced to stay in hotel rooms and away from their personal lives until they've reached a verdict.

6. Verdict is Issued

Once the jury decides, then the attorneys are contacted and everyone is asked to return to the courthouse to hear the verdict read to them.

By Bryant Esquenazi on May 24, 2011 1:38 PM

Miami Man Dies On American Airlines Flight NYC to Miami: Wrongful Death, Proximate Cause, Airline Common Carrier Injury Law, and Jurisdiction

This morning, while most of Miami is celebrating last night's victory by the Miami Heat over the Chicago Bulls in the NBA Eastern Conference Finals (85 - 75), the family and friends of an elderly man returning home to Miami from New York are grieving his death.

It seems that a 73-year-old Miami man got on an American Airlines flight, took his seat, and after takeoff, complained to the attendants that he wasn't feeling well.

People Who Tried To Help: Flight Attendants, On-Board Doctor

About 20 minutes after the plane departed JFK International, things got worse and the flight attendants were actively trying to resuscitate their passenger.

There was a doctor on board. He tried CPR and he used an AED (automated external defibrulator) on the Miamian. He was not successful in his efforts.

Tragically, the man died while the flight was in midair. American Airlines diverted things, and the plane landed in Virginia so the body could be removed from the flight. News reports do not let us know if the plane was grounded, or if it resumed flight to Miami (and this might be a big deal later).

The Norfolk Airport officials report that the local Virginia Medical Examiner is heading up the investigation into the Miami man's death.

Personal Injury, Wrongful Death, and Jurisdiction

New York, Florida, Virginia - all these states have laws that impact this case, and many others like it. Federal statutes and regulations may apply, as well.

Miami and most of South Florida is a cosmopolitan type of place: not only do we have tourists, but we've got residents who travel to other places. Vacationers. Snowbirds. Business travelers.

When serious injuries or wrongful deaths happen, then Florida lawyers have to sort through jurisdictional puzzles. What law applies where?

Jurisdiction decides what law will apply. There are state and federal laws that can overlap and conflict.

For example, Florida gives doctors immunity from liability under its Good Samaritan laws, but does Virginia? Does New York?

And, which law applies to a plane passing over other states with a doctor performing CPR mid-flight?

Florida's Wrongful Death statute defines which loved ones can use its provisions to sue for the wrongful death of someone who has died because of another's actions (or inactions).

Most states have special medical malpractice laws (you can read over Florida's medical malpractice statute here). Which ones would apply to the doctor here?

Federal law as well as all states have strict liability laws and agency regulations that apply to common carriers (air, train, bus). What laws and regulations apply to this American Airlines flight? Was there a violation of their duty to allow this man on board? Did someone neglect to see a very ill and old man in need of medical care before he took his seat?

Airlines are sued for severe personal injury and wrongful death, usually these are the result of plane crashes (see Perkins v Valujet Airlines as an example). Is American Airlines a future defendant?

Our condolences to the loved ones of this Miami gentleman who passed away on his way back home. Deepest sympathies.

And our understanding goes out to the lawyer that may be asked to sort through all these laws and regulations, state and federal, that may apply in this situation. It's a legal spaghetti bowl.

By Bryant Esquenazi on May 19, 2011 1:18 PM