South Florida Injury Lawyer Blawg

Florida Appeals Court Addresses the Question of Interest on a Judgment

Published on: March 22, 2016 | by Law Offices of Robert Dixon

Losing a loved one is devastating in any circumstances, but it can be even worse when the loss occurs due to someone else’s negligence. At the Law Offices of Robert Dixon, our skilled Miami wrongful death attorneys understand how to navigate these cases with the utmost compassion and competence. You can rest assured we will fight vigorously to seek the justice and compensation you deserve.

In Shoemaker v. Sliger, a Florida appellate court recently reversed a trial court’s ruling that when the amount of judgment is modified on appeal, Florida Rule of Appellate Procedure 9.340(c) mandates post-trial interest to accrue from the date of the verdict, rather than from the date of the original judgment.

In 2011, a jury returned a verdict of over $7 million in a medical malpractice claim, concluding that Dr. James R. Shoemaker was 40 percent at fault for Stephen Sliger’s death. Shoemaker filed a motion to limit the non-economic damages in the case, arguing that under 766.118(2) of the Florida Statutes (2011), it would be appropriate to limit the non-economic damages to a total of $500,000. Sliger’s estate responded by claiming that the statute in question violated clauses of both the Florida and the U.S. constitutions, and thus it could not be enforced.

Expert Testimony Under the Daubert Standard

Published on: March 3, 2016 | by Law Offices of Robert Dixon

When it comes to personal injury and wrongful death cases in Florida, it is not uncommon to use expert witnesses to explain complicated issues to the jury regarding the injury or the cause of the injury. There are, however, strict requirements about who can qualify as an expert witness. Under § 90.702, Fla. Stat., an expert witness must possess the knowledge, skill, experience, training, or education needed to convey an opinion to the judge or jury based on sufficient facts or data, applying reliable principles and methods to the facts of the case. These requirements amount to the Daubert standard.

In Baan v. Columbia County, the First District had to decide whether the expert testimony of an emergency room doctor about the standard of care and the conduct of emergency personnel responding to a 911 call was appropriately excluded.

The facts of the case are as follows. Emergency Medical Services (EMS) was called for an infant who was experiencing respiratory distress. Once EMS arrived on the scene, they showed the infant’s aunt how to use a nebulizer and left within 10 minutes of their arrival. The EMS report indicated that the child had normal vital signs. Approximately 50 minutes later, another 911 call was placed that revealed that the infant had stopped breathing altogether and that he was blue. The baby was also cold to the touch. The infant was air lifted to a nearby hospital but pronounced dead the next day.

Selfies and Distracted Driving Accidents in Florida

Published on: March 3, 2016 | by Law Offices of Robert Dixon

A selfie is a photograph that an individual takes of him or herself using a cell phone camera. The person can hold the cell phone at a distance by hand or use a selfie stick. With the rise of social media, selfies have been increasingly popular over the years. While these photographs are a great way to share memories with friends and families, no one should be taking selfies behind the wheel. Unfortunately, snapping a selfie while driving is more common than you may think and has contributed to car accidents resulting in serious harm. If you or a loved one has been injured by a distracted driver, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case.

Distracted driving causes many accidents in Florida and throughout the United States each year. According to Florida’s Department of Highway Safety and Motor Vehicles, distracted driving within the state has increased by 25 percent. The National Highway Traffic Safety Administration reported that 10 percent of all fatal crashes, 18 percent of injury crashes, and 16 percent of all reported motor vehicle accidents were a result of distracted driving in 2013.

Driving requires your full attention. Even a quick snapshot can be enough of a distraction to cause a crash. If a distracted driver has injured you, you can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to exercise reasonable care while driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, a driver who causes a crash because he or she was taking a selfie would likely be liable for any resulting harm. This is because a prudent driver would understand that focusing on a selfie as opposed to the road could lead to an accident and injuries to others.

Lack of Citation Inadmissible in Florida Jet Ski Accident Case

Published on: March 3, 2016 | by Law Offices of Robert Dixon

Evidentiary rules for personal injury cases can be complicated, which is why having an experienced attorney on your side can make all the difference in your case. At the Law Offices of Robert Dixon, our Miami accident attorneys are well versed in virtually all aspects of negligence law and can put this knowledge to use in your case.

In Soto v. McCulley Marine Services, Inc., a man was jet skiing over the July Fourth holiday weekend in 2009 when he was tossed from the vehicle and sucked underneath nearby moored vessels. The man became trapped under a barge and ultimately drowned to death despite wearing a flotation device at the time of the incident.

Near the site of the accident, a dock was being used for storage and a preparation area for an artificial reef project maintained by the County of Manatee.

E-Cigarette Explodes and Severely Injures Naples Man

Published on: March 3, 2016 | by Law Offices of Robert Dixon

E-cigarettes have been increasingly popular as an alternative to traditional cigarettes. Over the last few years, however, there have been many reports of e-cigarettes exploding and leaving consumers severely injured. If you or someone close to you has been injured by an e-cigarette, you may be able to obtain compensation for your harm. At the Law Offices of Robert Dixon, our products liability attorneys can analyze the facts of your case and determine whether or not you have a strong legal claim.

A recent incident in Florida left a 21-year-old man injured after an e-cigarette exploded in his face. Evan Spahlinger, from Naples, was burned on his face, neck, hands, and lungs. He suffered internal burns and had to be placed into a medically induced coma. He had to be treated at a hospital that had a burn unit, due to the severity of the burns.

Last week, Spahlinger filed a lawsuit in Miami-Dade County against the companies that manufactured the e-cigarette that injured him. According to Spahlinger’s attorney, the defect in the e-cigarette “left Evan permanently injured and caused him unimaginable mental anguish.” Given Spahlinger’s injuries, he will need extensive follow up care to deal with his permanent injuries.

Florida Court Clarifies ‘Amount in Controversy’ Requirement

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Determining liability can be difficult in any car accident, but it can become even more complex when one party is from a different country. This is exactly what happened in the case of Bess v. Day, in which a Florida resident was injured in an automobile accident allegedly caused by a Canadian citizen.

After the incident, the plaintiff filed a lawsuit in state court against the Canadian driver and his wife. The defendants promptly removed the suit to federal court on the basis of diversity of citizenship. In order to remove to federal court on this basis, the parties have to be residents of different states, and the amount in controversy must exceed $75,000. Here, there was no dispute regarding the fact that the parties were from different places.

The plaintiffs filed a motion to remand the lawsuit back to state court, claiming that the defendants did not meet their burden of showing that the amount in controversy exceeded $75,000. When it comes to the amount in controversy, the law requires that the amount be more than $75,000, exclusive of interest and costs. The defendants focused on a pre-suit settlement offer letter that outlined the plaintiff’s injuries and requested $125,000 for their harm. This amount also happened to be the defendant’s policy limit.

Hoverboard Accidents in Florida

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Hoverboards are among the most popular consumer products on the market today. Many different manufacturers produce their own version of the product. But hoverboards have proved to be extremely dangerous for many people. When you ride a hoverboard, you have the right to expect that it won’t injure you. At the Law Offices of Robert Dixon, our highly skilled Miami injury attorneys can work diligently to help protect your rights.

Many riders have been injured in hoverboard accidents,not only through falls but also because some hoverboard models have reportedly burst into flames while charging or exploded during use. The United States Consumer Product Safety Commission (CPSC) has launched an investigation into the safety of these products, and thinks the battery pack compatibility issues with chargers may be to blame for the fires. The CPSC also found that reports of hoverboards catching fire took place in at least 17 states.

Wrong Way Accidents on Florida Roads

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Drivers who purposely or unknowingly drive the wrong way on a street pose a serious risk to others on the road. Due to the fact that vehicles are heading directly towards each other at a high speed, there is little or no time for drivers to react and avoid the collision. If you’ve been injured in this type of accident, it is important to seek the help of a qualified Miami attorney who can analyze the facts of your case.

Just last month, five people were killed in a wrong way crash on I-95 in northern Miami-Dade County. In that case, a woman in a pickup truck was driving south in the northbound lanes of I-95 when she side swiped one car and hit a sedan head-on near the Miami Gardens Drive exit. A total of five vehicles were involved in the wreck. Unfortunately, accidents like this happen more often than you may think.

The National Highway Traffic Safety Administration (NHTSA) reports that wrong way drivers are involved in 1.5% of all fatal crashes. The NHTSA also notes that on average about 350 people are killed each year nationwide in wrong way freeway crashes. Some of the most common causes of wrong way accidents include the driver making an error and wrongly entering an exit ramp onto a freeway or the driver operating their vehicle under the influence of alcohol or drugs.

Jet Ski Accidents in Florida

Published on: February 3, 2016 | by Law Offices of Robert Dixon

In Florida, residents and visitors alike can enjoy a number of water activities, including jet skiing. While many people partake in the activity without incident, a number of individuals in Florida are injured while jet skiing each year. If you’ve been injured in a jet ski accident, it is important to seek the help of a reputable Miami injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have helped numerous victims obtain the justice and compensation they deserve, and we can help you as well.

According to the United States Coast Guard’s Recreational Boating Statistics, there were more than 764 injuries and 808 deaths on personal watercrafts and jet skis in the year of 2011. Information compiled by the U.S. Coast Guard from 2000 also shows that jet skis are disproportionately involved in more than 30 percent of all boating accidents and nearly 40 percent of all boating injuries.

Florida Court Rules in Tobacco Company Case

Published on: February 3, 2016 | by Law Offices of Robert Dixon

Earlier this month, tobacco companies won in a Florida appeals court when the court overturned a multimillion-dollar award to a smoker’s family. The tobacco companies in the case, R.J. Reynolds Tobacco Co., Philip Morris USA, Inc., Lorillard Tobacco Co., and Liggett Group, faced a number of claims, including negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud. These claims were brought forth by Johnnie Calloway’s estate in RJ Reynold Tobacco Co. v. Calloway.

Calloway had started smoking when he was just 15 years old. In 1991, Calloway suffered a heart attack, and he died of bladder cancer approximately one year later. A physician stated that Calloway’s death was related to his habit of smoking three packs of cigarettes per day.

At the end of trial, the jury concluded that Calloway was approximately 20 percent at fault for his death, with the rest of the blame divided among the tobacco companies. Calloway’s estate was awarded a total of $9 million, and his daughter was awarded $7.1 million. Additionally, the court stuck the tobacco companies with a $54.85 million award of punitive damages. The defendants appealed.