LeBron James' Mother Arrested for Assault in Miami: Assault as a Crime vs Assault as a Civil Lawsuit Under Florida Law

Miami Beach's famous Fontainebleau hotel is in the national news today as the place where Gloria James, Lebron James' mother, was arrested by Miami police early this morning on charges of battery and public intoxication.

The news reports are headlining that Lebron James' mother allegedly assaulted a valet at the Fontainebleau, which she vigorously denies.

The Miami Police Department has issued a press release about the arrest of the Miami Heat forward's mother. Even better, the actual police report (including the cop's sworn affidavit) has made it to various celebrity sites (read it here courtesy of TMZ.com).

The Confusion Surrounding Assault Under Florida Civil and Criminal Law

The Miami Heat's LaBron James has a mother who has been charged with a crime. Under the Florida Penal Code, "assault" is an illegal act, specifically defined by the Florida Legislature in Florida Statute 784.011. Technically, while the news media is using the word "assault" in its coverage, the Miami police report suggests that the actual crime that Mrs. James is facing is "battery" under Florida Statute 784.03.

Mrs. James will have to hire a criminal defense attorney and defend herself in Florida criminal court system against these allegations, as detailed in that affidavit found in the police report. Maybe that's all she will have to do.

However, entirely separate from the criminal laws in Florida, as well as other states, there are civil laws that make certain intentional acts to be unlawful, too. They are commonly referred to as "intentional torts," and assault is a recognized tort under Florida's civil law today.

Which means that the person who was involved in this situation with Gloria James might be seeking guidance from a personal injury plaintiff's attorney to see what lawsuit he might be able to file against Mrs. James. This would be a separate lawsuit than the criminal case, with a separate docket, separate lawyers, separate burdens of proof, and separate trials.

Most importantly in civil assault cases, if the plaintiff is victorious, it means that money is awarded as damages -- something that the criminal assault case will not provide. Tort damages are available for civil assaults.

The Florida Legislature provides a four year statute of limitations for an assault lawsuit to be filed in Florida Statute 95.11.

Which means that LeBron James' mother may be waiting for another shoe to drop here ... waiting until April 8, 2015.

By Bryant Esquenazi on April 7, 2011 1:17 PM

New FDA Food Recall Website: Miami, Check to See if Food is Safe at New Website

This week, the Food & Drug Administration (FDA) has made it easier for all of us to check on suspicious food items or known food recalls. You can go to the website and in a few simple steps, learn whether or not a food product has been recalled - either voluntarily by its seller or by the FDA itself.

Remember all those hundreds of thousands of eggs recalled a few months back? We can't always trust the food on the shelves, Miami, and this new resource is a welcome one.

Go here for the new FDA Food Recall Site.

Also shown on the new website is a ready reference of food products that have been recalled in the past few months. Photos are included.

The FDA has provided this new resource as part of the massive federal legislation passed last fall, which implemented the first major update in federal food safety laws in almost 70 years.

The Food Safety Modernization Act (FSMA) is intended to alter how the FDA deals with food safety in America by focusing upon preventing bad food from happening, rather than responding to outbreaks of dangerous food after people are already at risk. For more on how this major new law impacts you, check our earlier post, "What Miami Needs to Know About the Federal Food Safety Modernization Act."

Working together with this new, user-friendly food recall page is the federal government's food safety website, FoodSafety.Gov. It's here that you can report a food that you think is dangerous and should be recalled. For example, if you open a jar or a box or a carton and something's just not right - don't use that product. Go to the web and check for a possible recall -- and if it's not there, trust your instincts. Perhaps this is a product that needs to be reported.

It's always better to be safe than sorry, especially with food products that can carry toxic bacteria which can cause serious injury to most and death to some. Kids, babies, the elderly, and pregnant women are especially vulnerable to food poisoning.

In the press release announcing the new website, the FDA's Deputy Commissioner of Foods explained, "[r]ecalls, mandatory or otherwise, are serious and we must do everything possible to make it easier for people to know about these recalls so they can take all appropriate steps to protect themselves and their families. We encourage people to check out our new recalls search page for themselves, and use it whenever they have a question about a recall."

By Bryant Esquenazi on April 5, 2011 1:36 PM

Opening Day 2011: Baseball Season Begins Today Along With News of SF Giants' Barry Zito Car Crash

Baseball's Opening Day is an American tradition, recognized by many as a national holiday according to the Baseball Hall of Fame website.

Here in South Florida, it's a special year because it marks the last year for the Florida Marlins over at Sun Life Stadium. Soon, they'll be the Miami Marlins, playing in a brand spankin' new stadium in downtown Miami. (Go here for the 2011 Marlins schedule.)

Today, for the first time on a Thursday since 1976, the 2011 Major League Baseball regular season hits off with:

the Milwaukee Brewers at the Cinncinnati Reds,
the Los Angeles Angels at the Kansas City Royals,
the Atlanta Braves at the Washington Nationals,
the Detroit Tigers at the New York Yankees, and
the San Diego Padres at the St. Louis Cardinals.

For a blow by blow on the season openers, check out Mark Newmann's overview at the Major League Baseball site.

Here in Miami Beach, we can watch the Marlins go against the New York Mets tomorrow night, over at the stadium or on Fox-TV (which is covering all the Marlin games this season).

The Spring Season for Sports Injuries Begins, Too: SF Giants Barry Zito Car Crash

Along with the excitement of Opening Day, there is news of a minor car crash involving San Francisco Giants' pitcher Barry Zito over in Los Angeles. Seems Zito was treated and released at a local LA hospital after his car was broadsided as he drove through an intersection on Sunset Boulevard.

It's important to remember that minor car wrecks can sometimes result in longterm injuries, and the fact that Zito has been released from hospital care does not mean that he may be home free on any physical injury. Head injuries and back injuries may appear over time. Neck injuries often appear after minor car crashes, and whiplash can be a very serious injury that doesn't fully manifest for awhile after the accident itself.

Of course, Barry Zito's condition will be closely monitored by team physicians. This may not be the case for the rest of us, who may return to a job where our physical prowess isn't a vital component to company success.

For anyone experiencing a minor car accident, it's important to be vigilant about any body conditions or changes for awhile after the accident occurs. Pain should not be ignored. Favoring a limb, a nagging headache, numbness -- all are symptoms which should be immediately reviewed by a doctor.

Not all of us are baseball stars like Barry Zito, but we're all important to our family and friends. No matter how minor your car crash, it's better to be safe than sorry. Get a doctor's opinion, and remember: the party at fault (and their insurance carrier) should be responsible for your medical expenses.

By Bryant Esquenazi on March 31, 2011 12:35 PM

Unsafe to Drive: Honda Recalls 2011 Odyssey Minivans While Volkswagen Recalls 2011 Jettas

It's sweet to drive that new vehicle off the lot -- that new car smell, the cutting edge technology, everything inside so clean and shiny and new. Sweet but short-lived: oftentimes, it's the brand new products that are subject to recall by their manufacturers.

All too often, it is only after the new car, minivan, or truck hits the road that defects and flaws are discovered by the manufacturer - and the products must be recalled for these problems to be fixed. Defects in products deemed safe enough to sell can prove to be dangerous - and while product recalls are an attempt to fix things, it is sadly all too true that many of these errors form the basis for products liability lawsuits where plaintiffs have been seriously injured or victims of wrongful death.

Beware the New Product: Honda Odyssey and VW Jetta as Two Examples

This week, two car makers have issued voluntary recalls of products that they okayed and placed into the marketplace for buyers to trust and purchase.

• Honda is recalling 2,800 of its 2011 Odyssey minivans, sold throughout the United States, so that Honda dealers can replace the side window glass in one or both of the front doors. Why? According to its news release, Honda has discovered there is "... a potential for one or both windows to become detached from the window regulator, causing the window to become inoperative and preventing it from being rolled up or down. In the worst case, the window may bind and shatter onto the occupants. No crashes or injuries have been reported related to this defect." Honda Odyssey owners with questions can call the car maker at calling (800) 999-1009 (choose option 4).
• VW Jettas are the subject of a much larger recall this week. Volkswagen of America, Inc. is recalling 71,043 of its new 2010 and 2011 Jettas because the VW dealers need to "...reconfigure a wiring layout associated with the anti-theft alarm system and horn. No injuries or accidents have been reported as a result of this condition." Jetta owners with questions should contact Volkswagen at 1-800-822-8987.

If you have a question or concern about any new product - car, car seat, tire, toy, appliance, whatever - then visit www.recalls.gov to check for the possibility of a product recall. If you have been injured by a defective product, then know that you may have a claim for damages and take steps to protect your claim: safeguard the product, document the incident, and contact a plaintiff's products liability attorney. Sometimes a product line is defective; sometimes, a single flawed product can be the cause of harm.

By Bryant Esquenazi on March 29, 2011 1:24 PM

Michael Jackson Murder Trial: Shows Us How Juries Are Really Picked - In Florida or California

The trial of Dr. Murray for being responsible for the untimely death of Michael Jackson is underway - jury selection starts tomorrow.

The people that will serve justice in this proceeding already have their notices in hand, requiring them to appear at the courthouse as potential jurors. They just don't know yet, and neither do we, who the actual jurors will be.

Picking a jury in the California criminal trial isn't that much different from picking a Florida personal injury jury here in Miami.

Citizens get a notice with instructions on the time and date they are to come to the official jury room. Lots of people show up. There's parking to deal with - where to park, cash to bring, and decisions to be made on reading material and snacks to take.

Once there, citizens find they are part of a big group of people who got similar notices. Out of that big group, smaller ones are chosen to go to courtrooms and be part of the selection process for particular trials.

The big group waits around, reading the paper or eating chips from a machine, until a court representative sends word that a jury is needed and another bunch of people need to be sent up to that court. There's a lunch break.

Picking the Jury: Questions That May Seem Too Personal

Meanwhile, trial attorneys are getting ready to question the group because they need to know that those folk who get on the jury will be fair.

No one wants the defendant's sister in law on the jury - except the defendant. And these questions are prepared in advance, lots of time goes into what to quiz the jurors.

In personal injury trials where millions or billions of dollars is at stake, professional jury consultants will be hired to assist the lawyers in jury selection. They may go so far as to have "ghost juries" to track the proceedings in the courtroom or practice panels for jury selection preparation.

Information on potential jurors will be provided to both sides by the court clerk - attorneys will know in advance where they live, how old they are, things like that.

Dr. Murray - Michael Jackson Manslaughter Trial Jury Selection Questions

TMZ has published a partial list of the questions that Murray's attorneys will be asking during jury selection. Here are a couple of examples - questions that might well be asked in a personal injury trial as much as a criminal one:

• At what age should a person be held accountable for their decisions, actions and consequences?
• Do you have a blog? If so, describe.
• Are you active on social networks. If so, which?

Why ask about blogs or Facebook or Twitter?

For one thing, these questions can lead to follow up questions - what's your blog about? have you ever blogged about product recalls? etc. Individual questions that will reveal more about the potential juror. For example, Dr. Murray may want responsible business owner types, while his opposition will probably want dedicated music fans.

Will those blogs and Facebook pages and Twitter tweets be read as part of jury selection in Dr. Murray's trial? What do you think?

By Bryant Esquenazi on March 24, 2011 1:04 PM

Drive a Ford Pickup Truck? Check Your Tires: Major Recall of Bad Tires on Ford Trucks

Continental Tire has voluntarily recalled over 390,000 tires that are currently being driven on Ford F-250 and Ford F-350 trucks (model years 2008 and 2009) because the tire manufacturer has discovered these light truck tires can experience "...uneven wear, vibration or particularly under conditions of overloading or under inflation in high ambient temperature usage, separation between the belt edges potentially leading to a tread separation."

Big fancy language for letting us know that the tires are dangerous and could cause a pickup truck to crash.

The company, Continental Tire the Americas ("CTA"), will undertake the chore of notifying truck owners of the problem and the company is also voluntarily going to replace the bad tires - free of charge.

Which sounds so generous of them, until you consider this is mitigating their potential damage, should they become responsible for a tragic accident due to their faulty product.

The tires that are being recalled are as follows:

Tire Name: Continental ContiTrac TR Size: LT275/70R18 125/122S Load range: E Outline White Letters DOT Serial Numbers: P515 46U0 1807 through P515 46U0 2308

Tire Name: Continental ContiTrac TR
Size: LT275/70R18 125/122S Load Range :E
Black sidewall
DOT Serial Numbers: P515 46XB 2607 through P515 46XB 2408

Tire Name: Continental ContiTrac
Size: LT275/70R18 125/122S Load Range: E
Black sidewall
DOT Serial Numbers: P515 46YB 4307 through P515 46YB 3708

This Is a Serious Situation For Owners and Operator of Ford Trucks

As LeftLaneNews has already pointed out, it was a similar beginning for Ford Motor Company several years ago when the Firestone tires it placed on its vehicles started to go bad, causing serious accidents across the country.

Moreover, according to LeftLaneNews, these bad CTA tires have already been involved in 100 property damage claims over the defective tires with five claims of personal injury being reported to the tire company. Also, Continental and the NHTSA are also reportedly investigating a 2009 crash where these tires were on a Ford F-250 pickup truck involved in a fatal rollover accident.

Miami, check those Ford truck tires against the product details above -- and get them off your vehicle asap. You don't want to be involved in an accident due to a product known to be defective.

By Bryant Esquenazi on March 22, 2011 1:25 PM

 

Vanessa Hudgens Fights Release of Nude Photos - When Criminal Law and Personal Injury Tort Law Overlap

Vanessa Hudgens is mad and taking action regarding the unauthorized release of some old nude photographs taken of her years back. Seems that someone has sent out photos of Vanessa Hudgens sans clothing without her okay and now, several websites have posted the photos on their websites.

What Vanessa Hudgens Has Done About This So Far: State and Federal Criminal Investigations

Vanessa Hudgens obviously believes she has been, and continues to be, harmed by this. She's gone to local police.

Today, there are news reports that Vanessa Hudgens is also talking with the Federal Bureau of Investigation about the leaked nude pix.

Which means that Vanessa Hudgens has opened the door to both state and federal criminal laws and statutes applying to her situation. Law enforcement authorities for both the state where the crime allegedly occured (presumably California according to the news reports) as well as for the federal government will be actively involved in determining what has happened here.

If state or federal laws have been violated, then the person believed to have violated these laws will be arrested, charged, and if convicted, forced to pay monetary fines and/or serve jail time.

None of which provides justice to Vanessa Hudgens for the harm that she may have experienced because of these bad acts.

What Vanessa Hudgens Can Do In the Future: Personal Injury Civil Suit.

Crime victims often suffer severe personal injury as a result of the criminal acts committed against them. Sometimes these are physical injuries. Sometimes they are emotional ones. In many cases, they are economic harms.

Here, Vanessa Hudgens may argue that she has been detrimentally impacted by the release of these photos in a permanent way insofar as her professional career.

With her background as a Disney star, release of compromising nude photos may be argued to have injured her career-wise. The criminal investigations and prosecutions will do nothing to rectify that injustice.

Personal injury lawsuits, based on any number of torts, are often filed by victims of crime in order to obtain personal justice for the sufferings the victims have indured. Civil cases can proceed at the same time as criminal cases do, and in civil cases the burden of proof will be lessen stringent than the prosecutor will have to meet.

Personal injury evidence must prove the plaintiff's case by a "preponderance of the evidence" standard, which basically means "more likely than not." It is more likely than not that the defendant's actions harmed the plaintiff in the amount of X dollars.

In criminal matters, the state attorney must meet the "beyond a reasonable doubt" standard: it is an almost certainty that the defendant committed the crime.

It is only through the personal injury civil lawsuit that a victim of wrongdoing can obtain monetary justice for the real damage that they have suffered at the hands of the wrongdoer, where the courts can and will force that wrongdoer to pay money to the victim to repair, at least in part, the harm that they have caused.

Whether or not Vanessa Hudgens, the star of Disney's High School Musical series, sues for personal injuries remains to be seen. Legally, it's an avenue open to her and her legal counsel to consider and pursue in the coming months.

By Bryant Esquenazi on March 17, 2011 12:15 PM