Lilly, O'Toole & Brown Blog

Too Many Children Are Harmed by Medical Mistakes

According to researchers of a recent study, 1 out of 15 hospitalized children are harmed by accidental overdoses, medicine mix ups and bad drug reactions.  This alarming rate is significantly higher than what was originally estimated.

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Slip and Fall -- Check Your Shoes!

As a personal injury law firm Lilly, O’Toole & Brown see a lot of different type of cases.  One of the most common we see is “slip and fall”.  This refers to a situation where a person is injured when they slip on something on the floor and are injured as a result. 

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Motorcyclists Are Always in Danger

Gerald Pitts of Winter Haven suffered serious leg injuries on Saturday when his 2007 Honda motorcycle was struck by James Hill driving his 2007 Chevrolet pickup.

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Your Insurance Coverage May Not Be As Good As You Think

Many homeowners barely give any thought to the details of their property insurance coverage -- until they find out the hard way that their policy isn't what they expected.

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Allstate Ranked No. 1 -- For Complaints

The American Associaton for Justice has listed Allstate as the worst insurance company in the United States.

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SPILLED DRINK LEADS TO CRASH, INJURIES ON I-4

Keith Klingensmith, 40, of Orlando and James Klingensmith, 13, were heading east on Interstate 4 on Monday when struck by a semi.

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10 Worst Insurance Companies

The American Association for Justice (AAJ) has a list of the ten worst insurance companies in America.

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New Website Highlights Deadliest Roads

Do you know how safe the roads your family drives on most often are?

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Hurricane Season Is Good Time to Check Insurance Coverage

Hurricane Dolly is a category 1 storm churning in the Gulf of Mexico.  Texas can expect high winds and heavy rains for quite a while, as well as significant property damage. 

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Rainy Summer Days Lead to More Car Crashes

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Sick Truck Drivers Causing Fatal Accidents

Despite federal regulations designed to protect drivers, commercial drivers, such as tractor-trailer drivers, are causing a significant amount of fatal accidents.

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Two Injured in Motorcycle Collision near Lake Alfred

 

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Molestation Follows Security Breakdown at Lakeland Daycare

The Lakeland Ledger reports that a 14 year old boy was arrested Monday, accused of molesting a five year old at New Birth International Ministries in Lakeland. If true, this is a classic case of negligent security in the worst situation possible. Parents trust that their children, when placed in a day care center, will be safe from predators. At Lilly, O’Toole & Brown, cases of negligent security are seen on a frequent basis and dealt with individually. Why was a teen age boy allowed to be alone with that child? There are lots of unanswered questions that will hopefully be thoroughly investigated by the time this matter goes to trial.

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Woman Dies When Hit By Car in Davenport

Lisa Rielly of Davenport was arrested early Monday morning after allegedly hitting and killing Jennifer Prokap when Rielly’s SUV went into the grass on U.S. 27. The impact was so great that Prokap was knocked out of her shoes and flew more than 70 feet in the air. Prokap was pregnant and has 2 other children as well. She was apparently leaving work and walking to the Kangaroo convenience store. Lilly, O’Toole & Brown represents victims of wrongful death like this almost daily. It is always dangerous to be on the side of the road. Be careful of your surroundings and walk as far from passing traffic as possible to lessen the chances of impact.

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BABY DIES IN CAR IN UNSECURED INFANT CARRIER

Twenty-year-old Heidi Alexis was driving in Miramar on Sunday and struck a concrete pole. She suffered non-life-threatening injuries and should be fine. However, her nine month old daughter will not, as she died in the crash. The baby was in an infant car carrier, but the car carrier was not restrained and offered little protection. Florida law requires children to be restrained at all times while in a car. Often local law enforcement agencies will provide inspections of the secured infant carrier to insure it is done correctly. Additionally, a person can contact their local law enforcement, who will inspect to insure the carrier is properly secured. It only takes a short period of time and will help keep your children secure.

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Motorcycle Helmet Law Gone for 8 Years

On July 1, 2000 the Florida Legislature repealed a 33 year old motorcycle helmet law in Florida.  Since that time anyone 21 or older with at least $10,000 in personal injury insurance has had the option of not wearing a helmet while driving a motorcycle.  While the issue has been debated before and since then, some things don’t change.  People will be involved in crashes while riding a motorcycle.  People will get hurt in those crashes.  And generally, with or without a helmet, the injuries will be more severe than if the people were riding in a car with all the attendant safety apparatus.  Car drivers need to be especially careful to pay attention to motorcycles.  What may be a simple fender bender if you hit another car can be disastrous when you hit that person.

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Tampa Jury Awards $12M Against Tampa General in Death of Infant

A Tampa jury awarded a mother and father $12,000,000.00 as a result of the death of their baby at Tampa General Hospital. The parents were apparently told that a surgeon was available at Tampa General Hospital who could help care for their very premature baby. The baby was transported from Polk County to Tampa General and only after several days at the hospital was the family informed that Tampa General had no such surgeon available. How can this sort of thing happen? Were the parents told no surgeon was available? If so, why was the baby transported there instead of some other facility that may have been able to save the baby’s life? The hospital is appealing the judgment, so the story is not over.

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ROAD RANGERS LOSE HALF THEIR FUNDING

On Florida interstates we have grown accustomed to seeing Road Rangers driving along helping change tires, give people gas and blocking off traffic lanes when there has been a motor vehicle crash. With the current budget problems the state is having we will be seeing a lot fewer Road Rangers for the next several years. Their budget has been cut in half and the safety work they do will be mostly limited to rush hour. Weekenders and night drivers will be forced to fend for themselves. With Road Rangers or not it is always important to drive safely for the conditions, giving the vehicles in front of you plenty of room and yourself plenty of chance to stop before a tragic event occurs.

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Fireworks Safety Month

With the 4th of July coming up, we hope that everyone has big plans to celebrate our Nation's 232nd year of independence!  We also hope that you all plan to do it safely.

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Hurricane Season is Here!

According to the Florida Division of Emergency Management hurricane season is once again upon us.  The season runs from June 1 through November 30, and while nothing big has hit the coast in the first month of the season, Florida rarely escapes unscathed.

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RAILROADS START TAKING SAFETY SERIOUSLY IN POLK COUNTY

Lakeland is getting its first ever quad gates at two railroad crossings, possibly a reaction to two fatal crashes involving trains in 2007.  In June 2007 and July 2007 two crashes happened at railroad crossings, one at Wabash Avenue and one at Airport Road.  A total of five people were tragically killed at those two collisions.  When a train and a car have a collision, the train will win every time.  The installation of these quad gates will prevent people from going around the gates that traditionally come down and hopefully lead to fewer incidents in the future.  As a precaution any time a motorist sees the flashing lights do not cross the line.  Stay well back because that train is coming fast and will not be able to stop if  your car happens to sputter out right on the tracks.

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DOG BITES BOY IN DAVENPORT, BOY AIRLIFTED

In a tragic afternoon incident six year old Joshua Willis was bitten by a pit bull dog and airlifted to Arnold Palmer Hospital to for surgery. The boy was playing in his back yard when he hit the dog on the head. The dog responded by biting the boy. Apparently, the dog was on a leash at the time but this did not prevent the attack from occurring. While there is no reason a six year old should be hitting the dog, the owner needs to make sure they have total control over the animal at all times to prevent a tragic accident. The boy may not have known any better and the dog was simply reacting instinctively. After all, the dog cannot hit back, it can only bite when it perceives a threat. Lilly, O’Toole and Brown handles dog bite cases in a variety of cities and involving a variety of people and dog types. The one thing that most have in common is a tragedy that could have been prevented.

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"Rambo" Litigators Are Losers -- and So Are Their Clients

My partner, Bob Grode, and I just lectured at a seminar about how to deal with "Rambo" litigators. The seminar was geared to attorneys for the purpose of counteracting the unethical and uncivil tactics used by such litigators, but there are important lessons for those looking for a lawyer, as well.There is a common MISperception in the public that the "Rambo" or "pit bull" litigator is a good thing, and that those types of litigators are more successful than others. That's a myth. The reality is that such litigators 1)  act like that because the are more interested in soaking their client for fees than in actually getting a good result, 2) engage in such tactics to leverage a settlement because they are terrified of actually having to go to trial, and 3) are less successful than attorneys that follow the rules and know the law.In the unlikely event that you can get such a lawyer to actually go to trial, you will probably find that he or she is nervous, arrogant, and offensive to a jury. Most successful lawyers don't have to stoop to such bush-league tactics to get a fair result for their clients. At Lilly, O'Toole & Brown, we don't need to engage in "Rambo" litigation to get good results for our clients. No result can be guaranteed, but take a look at our case results to see for yourself. Also, consider that four of our attorneys are board-certified civil trial lawyers, which means we actually go to trial for our clients, if necessary.Don't let media misperceptions cloud your judgment when choosing a lawyer. Juries are made up of people just like you, and they want to hear the truth, not a lot of rhetoric, spin and misdirection.At Lilly, O'Toole & Brown, we respect our clients and the legal process, and we are not afraid to go to bat for our clients at trial. That -- and not being a blustering, wind-bag "Rambo" -- is the key to success and good results.

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Full Insurance Coverage Is Not Enough

As a personal injury attorney I see people daily who have been involved in a car crash and injured due to somebody else’s negligence. Time and again the person who caused the injury has very limited resources or insurance to pay for the injury they have caused. Just as often, unfortunately, the people I see have decided to get “full coverage” for their car, which turns out to be “no coverage”. Full coverage simply means you have the coverage required by law. The law does not require bodily injury coverage, which would help pay for medical expenses caused by the negligent driver. The law also does not require uninsured or underinsured motorist coverage, designed to help an injured person when struck by a driver with no insurance at all. I encourage you to see your agent about uninsured motorist coverage to help protect yourself and loved ones if injured in a car wreck.

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WHEN RENTING APARTMENTS BE CAREFUL OF CRIME

A recent case brought to light an alarming fact. When a person rents an apartment they might not be told about crime occurring in the apartment complex. In that recent case, it was found that an apartment complex was telling prospective renters that crime was not a problem, no crimes had occurred as far as they knew, and that the area was patrolled by security. Apparently, none of this was true, and the apartment complex was sued after a renter became a victim of a crime in the complex. When statements like the above are made by the apartment complex and they are not true, then the complex makes themselves subject to claims for negligence and misrepresentation as well as punitive damages. Rather than make things up to rent apartments, why not just deal with the problem and let prospective tenants know how the problem is being solved?

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Careless Driver Causes Death of Motorcyclist

Jason Lefleur of Lakeland was driving his 1993 Harley-Davidson motorcycle with his passenger (name currently withheld) on Sunday afternoon when a 2001 Ford SUV pulled onto the road in front of him. Mr. Lefleur died at the scene after he was found partially under the motorcycle after the crash. Apparently, neither Mr. Lefleur nor his passenger were wearing helmets when they struck the SUV that had pulled out in front of them on Marlyn Drive. Mathew Hurst, also of Lakeland, was driving the SUV and was not injured. According to the police reports, Mr. Hurst pulled onto the road directly into the path of Mr. Lefleur. Even when driving defensively, motorcycles are highly vulnerable. Extra care is required when there is nothing between you and the road but your shirt sleeves and pants.

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A Moment's Negligence Claims the Life of 5-year-old Hope Wheeler

Hope Wheeler died on Tuesday as a result of a motor vehicle crash in Lakeland, Florida.  She was in a minivan with her father, Richard, her mother, Camille, and her sisters Katherine and Regan.  Hope was 5, Katherine 7 and Regan 3.  Apparently, the driver of the other car, Joseph Dziadon was driving on Old Kathleen Road, passing other cars and ran a stop sign.  The crash happened on Sunday as the family was driving to First Baptist Church at the Mall.  What a horrible tragedy that could have been averted if everyone took a little more time to drive and made sure they were aware of their surroundings, maybe this type of tragedy would not happen so often.  Be aware of speed limits, road signs and traffic around you.  Driving a car is a huge responsibility and should be considered as such.

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Paula Dockery's Letter Exposes Unfairness of CSX Deal

Paula Dockery, Florida state senator has provided in an open letter her reasons for voting against the CSX rail deal and provided some very sound alternatives. Below is the letter she wrote explaining why the deal was bad for Floridians and what she is doing to provide a better commuter rail opportunity for central Florida, without all the closed door deals and liability immunity requested by CSX.CSX-FDOT Deal Unfair to CitizensBy PAULA DOCKERYPublished: Saturday, May 31, 2008 at 8:20 a.m. Last Modified: Saturday, May 31, 2008 at 8:21 a.m. Much has been written about the CSX-Florida Department of Transportation commuter-rail-and-freight-enhancement deal. Please allow me the opportunity to express my view.I am in favor of commuter rail for the state of Florida and will do my best to bring it about.However, the secret deal (FDOT management required employees and consultants to sign 70 confidentiality agreements) between FDOT and CSX is not the answer to our transportation problems. What we have here is less of a commuter rail project and more of a corporate welfare giveaway designed to benefit a for-profit, multi-billion dollar company at the expense of Florida taxpayers.My staunch opposition to the CSX-FDOT deal is about much more than just Lakeland or the constituents throughout my district. It is about what's in the best interest of all the citizens of Florida, the transparency of government and corporate responsibility.An objective review of my record will show that I am a strong proponent of commuter rail and would love to see a plan for an integrated statewide system of commuter and passenger rail. I have been a vocal supporter of mass transit for the 12 years that I have been in the Legislature. The skyrocketing cost of gasoline, coupled with the frustrating congestion along the Interstate 4 corridor, has made commuters' patience grow thin, and understandably so. The people of Florida deserve an alternative to the crowded roads.FDOT has entered into an agreement to purchase 61.5 miles of railway in the Orlando area from CSX for a total cost exceeding $1.2 billion, with $150 million of that as the purchase price and $440 million to double-track portions of the 61.5 miles along the CSX A-line, which is already in need of improvements.The balance would have been appropriated for various capacity improvements to benefit CSX's flourishing freight business throughout the state. Additionally, CSX would still be permitted to run their freight trains on the track that the state would own, and pay only between $2.5 million and $10 million a year to use it, depending upon the number of freight cars it runs daily. CSX would no longer have the responsibility of keeping up the tracks and may even be given the contract by the state (and more taxpayer dollars) to maintain it.Why not just have CSX retain ownership and let us pay the company the $2.5 million to $10 million to run commuter rail on its tracks?CURIOUSAside from the proposal being shrouded in secrecy, FDOT and CSX played games with the legislation. The bill was never heard in the appropriate senate committees to which it was referred. It was withdrawn from further consideration so the senators on the Transportation and Judiciary Committees were unable to ask questions and hear public testimony. It was then added as an amendment in the Transportation Appropriations Committee and never heard by 35 out of the 40 senators, and never debated on the floor or brought up for a vote.If this was to be such a great deal and marvelous opportunity for the state, why wasn't it brokered in the sunshine in full view of the public? Why weren't more senators made aware of everything it entailed?Furthermore, FDOT did not produce a ridership study to gauge actual commuter interest in using the rail. If we are asking taxpayers to spend more than $1 billion and shift endless freight trains into neighboring communities, shouldn't we make sure that people would actually utilize it in the first place?PECULIARCSX has been unwilling to budge on the issue of indemnity, the most potentially devastating price to the Florida taxpayer. CSX demands that Florida taxpayers pay the damages in accidents even when CSX is at fault. Even if a jury awards punitive damages intended to punish CSX for grossly negligent behavior, CSX wouldn't have to pay — Florida taxpayers would.This means that CSX — with more than 3,500 safety violations in 2007 and eight deaths reported thus far in 2008, all the while achieving revenues of more than $2.7 billion in just the first four months of this year — would be absolved from being held accountable for its own negligence. CSX wants us to indemnify it for their liability even if it is negligent.Can we really afford to cross our fingers and hope that somehow CSX, with all its violations and accidents, will improve its safety record if it is not held responsible for its actions? That is a gamble with our lives and our money that I am unwilling to take.We need answers before we spend more than $1 billion of taxpayer money on this project. Most importantly, the public deserves transparency in how their money is being spent.AN ALTERNATIVEIn an effort to provide passenger intercity rail, state Rep. Dennis Ross, R-Lakeland, and I are working with Amtrak to develop a rail plan for the entire state, beginning with the I-4 corridor. By federal law, Amtrak has priority use of the CSX and Florida East Coast Rail tracks, and can provide intercity rail service. Why are proponents of this deal so set on buying 61.5 miles of track that we can already use by contracting with Amtrak to provide the same service, but one that will cover the entire I-4 corridor?And as an added bonus, Amtrak carries its own liability insurance so the indemnification and sovereign immunity issue goes away. Why, then, was this not offered to the public as a less expensive and more expansive option? Amtrak does this successfully in 14 other states.Now that the legislative session is over, we have the time needed to re-evaluate and renegotiate the existing commuter-rail deal that is still very much alive and being held back by CSX and CSX alone by its insistence on shielding itself from liabilityany of its negligent acts that may result in injuring or killing users of the commuter-rail system.It was a bipartisan group of senators that formed the supermajority of the Florida Senate that helped to prohibit the dumping of costs for CSX negligence onto the backs of Florida citizens. The Legislature did not kill commuter rail for Central Florida. It can become a reality for the state of Florida if and when CSX decides to compromise or legislators consider other options.I want what is best for all Floridians. I want taxpayer money to be spent on worthwhile projects. I want a Fortune 500 Company to be held responsible for its own negligent acts. I want all passenger rail options to be considered and evaluated. I want a commuter-rail system to be beneficial, fair and worth the investment.Let's just re-examine exactly what it is we would be buying into before we so anxiously hop aboard this train, and not let CSX take us for a ride.[ Paula Dockery, R-Lakeland, is state senator for District 15. ]

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Boater Death Highlights Importance of Flotation Devices

In Lake County, Florida a 59 year old boater, missing for several days, has been found. The medical examiner has not found a cause of death yet, but if he was not wearing a life vest or other personal flotation device then drowning is a real possibility. Any time you see the shows with police, Coast Guard or Navy personnel on a small craft they are always wearing a personal flotation device. Even police that are wearing a gun belt and vest, some weighing 15 pounds or more, are wearing the personal flotation device. Other than being required to wear it, the officer wears it because even being weighed down with all that equipment, if he is knocked overboard or knocked unconscious, that flotation device is designed to keep his head above water and allow him to continue breathing. Don’t take unnecessary risks, make sure you wear your life jacket when you are on the water.

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Simple Measures Can Prevent Pool Tragedies

With summer fast approaching drowning stories are going to become more and more prevalent. The Lakeland Ledger reported a 5 year old Lake Alfred girl drowned in her family pool while her family was nearby. A tragic accident that is difficult to avoid but the attempt should still be made. Florida law requires that pool areas be protected from people for the obvious reason that people like to go swimming. Younger people do not understand how a tragedy can occur in a pool so quickly, so preventing access by these younger people without supervision is a must. Always watch your children (and any other children) while they swim. It only take a minute for tragedy to occur. Make sure that barriers are placed, such as screens and fences which limit access. Learning CPR and basic water safety can help as well, but nothing is as good as keeping your eyes on the kids.

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Food for Thought as Pool Season Opens

Memorial Day has passed and we're all starting to get into summer mode.  As we open our pools and head to the beach, here's a couple things to keep in mind:

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FDOT Aware That CSX Deal Had $600 Million Discrepancy

Unknown until recently, Florida Department of Transportation officials were aware that the numbers being discussed in Tallahassee for the CSX boondoggle were off by about 600 million dollars. This, in addition to one of the most profitable companies in 2007 trying to get taxpayers to be on the hook for CSX negligence makes me very happy this deal did not go through. But just wait til next year or in special session. CSX is not going to give up that easily.

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POLK COUNTY LOSES A GREAT FRIEND IN MARLENE YOUNG

Marlene Young, wife of fellow Polk County attorney Robert Young, died early Thursday from injuries received in a two-vehicle accident in Winter Haven Wednesday evening.Young was active in politics and in the community, having served as a Winter Haven City Commissioner and a Polk County Commissioner. She championed many causes, including the environment, and even those who opposed her respected her integrity, her tireless work ethic, and her knowledge of the issues.Young was a passenger in the RAV 4 driven by her husband. Their daughter, Meghan, was also a passenger. Robert Young suffered a broken leg and has been released from Winter Haven Hospital, where Meghan is still being treated for her injuries. Their vehicle collided head-on with a vehicle driven by William Boyd Johnson when Johnson crossed a double yellow line on Lake Howard Drive. The collision is still under investigation.We at Lilly, O'Toole & Brown extend our sincere sympathy to the Youngs for this tragic loss, and wish a speedy recovery to Bob and Meghan.For the full story in The Lakeland Ledger, click the headline above.

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ALLSTATE FINALLY GIVES IN, GIVES GOVERNMENT SECRET DOCUMENTS

Allstate finally decided to fess up about their rate determination and gave the State of Florida at least most of the documents requested. Allstate was very reluctant to provide the requested documents, going so far as to provide hundreds upon hundreds of pages not related to what state investigators were seeking in an attempt to flood the investigators into giving up. Allstate also provided pages of objections, deciding on their own that certain documents were just not necessary for the state to finish its investigation. Department of Insurance investigators disagreed and ordered Allstate to stop issuing new policies. Rather than cooperate, Allstate decided to litigate. And lost. Now with potentially millions of dollars lost and no new policies to issue, Allstate decided to cooperate. According to the State of Florida, Allstate is currently cooperating, but investigators will keep a close eye on things. Are you in good hands?

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USDA Warns of E. Coli-Tainted Beef

Florida is one of 11 states which have received ground beef tainted with E. Coli from JSM Meat Holdings Co. in Chicago. The U.S. Department of Agriculture made the announcement Saturday. One wonders what falls within the definition of "beef." According to the Associated Press, the so-called "beef" is sold under a number of different labels, including "Boneless Clods," "Flat Rounds," "Gooseneck Rounds" and "Knuckle." It's also found in "MORREALE MEAT" products in 30-lb. and 60-lb. packages and 47-gallon barrels.The products have "EST. 6872" in the USDA mark of inspection, which begs the question, how does it get a mark of inspection if it's tainted?To see the full story, click this link or cut and paste it into your browser:http://tinyurl.com/689hma

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FLORIDA APPEALS COURT UPHOLDS ALLSTATE SUSPENSION

A Florida appeals court has upheld the suspension of Allstate in Florida. Allstate will be unable to write new policies of any kind in the State of Florida if the Appeals Court ruling is not appealed to the Florida Supreme Court.  If Allstate refuses to comply with a government demand for more information, they got what they deserved.  Allstate should not hide the ball like they have been.  Apparently, other insurance companies have not had that problem because nobody else is getting shut down.  Allstate has all but eliminated real risk by not writing homeowner's policies any more.  They love to write auto policies because the risk is low.  That is why they are the second largest auto insurer in Florida.  This has been going on in the Midwest for a long time and Allstate is being fined $25,000 DAY for not complying.  Allstate has made a business decision in Missouri that $25,000 a day is the price of business and refuses to comply with state government investigator's requests for this same information.  I will be very interested to see what happens next, and I am betting on an appeal to the Florida Supreme Court.

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Fate of CSX Deal May Be in Hands of a Single Attorney: "Skip" Campbell

Behemoth multibillionaire CSX works out a sweetheart deal with DOT, subject to legislative approval. Everything breezes along just fine until several of Polk's delegation, notably Paula Dockery, get involved and put together an unusual coaltion, including the Florida Justice Association (i.e. trial lawyers), to defeat the plan at the 11th hour,.due in large part to the proposed provision for CSX immunity from liability for injury/death claims, even those resulting from their negligence. Politics does indeed make strange bedfellows. The Senate elite are not happy - not to mention the Governor. But they have hope - the deal doesn't "expire" until June of '09, after next year's legislative session - so it will be back with a vengeance, no doubt. So who/what holds the key to the final outcome? I'll give ya' 10 guesses, because it's not the usual suspects ... The outcome will be determined by a single lawyer from south Florida, who happens to be a plaintiffs' personal injury trial lawyer. His name is Walter "Skip" Campbell, a former State Senator (and former President of the Florida Justice Association) who most recently lost a close race to Bill McCollum for the Attorney General cabinet position. How can any one guy be so important? Because he happens to be running for the Senate again, and he happens to be running against Jeff Atwater, who in turn happens to be the Senate President - designate, assuming he can win re-election back home in the meantime. Atwater has a ton of money in his campaign coffers - Campbell has virtually none, at this point. That will surely change soon, and my guess is that the prohibitive favorite now will have his hands full - and will lose. If he does, the Senate Presidency will likely go to Alex Villalobos, a close friend and strong political ally of Sen. Dockery - irony can be sweet, huh?

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CSX Bid for Liability Immunity Not Dead Yet

Although defeated in the Florida Legislature over a request to have Florida taxpayers pay for any injuries caused by CSX , the giant train company has not given up yet.  In another example of back room politics it is being learned that CSX negotiated with the Florida Department of Transportation for passage of the legislation  until June 30, 1999. CSX has already begun planning for the intermodal rail facility in Winter Haven and should start construction soon.  Once they begin they will have a strong bargaining tool with state legislators next year to give CSX the immunity it is craving.  CSX has had record breaking profits recently and wants to continue that trend by forcing Florida taxpayer to pony up the cash when CSX causes injury to somebody.  Defeated this year, rest assured they are already looking to next year.

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STRYKER IMPLANTS CAUSING MORE SURGERIES

Stryker hip implants are being investigated by law firms through out the country as hundreds of people undergo hip surgery to replace the Stryker implants. The people affected by these ceramic implants claim squeaking occurs when going about their normal business. Also, many have complained of pain associate with the Stryker implants which has led to surgeons performing the replacement. While helpful to the hip problem, many people are leery of undergoing major surgery including anesthesia with possible side effects for the remainder of their lives. Also, the patients are warned they may never wake up, a possible result of too much anesthesia. The federal Food and Drug Administration issued a warning to Stryker that problems related to squeaking had not been addressed. How long will a company like Stryker be allowed to continue putting this product on the market?

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Watercraft Safety Courses A Great Idea As Summer Approaches

In 2007 there were 77 deaths in Florida involving boating accidents and 85 percent of those involved people with no formal safety education in the operation of boats or other watercraft. The Florida House of Representatives, through the House Committee on Conservation & State Lands was confronted with these statistics on February 6 but decided to leave existing regulations alone. Just like in a car crash, usually the person who is at fault failed to do something that could have prevented a tragedy. If people would learn the necessary safety precautions while boating, just like driving a car, fewer people would be injured or killed. I would urge anyone in who is planning on being out on the lakes or at the beach this summer to receive some formal training and help prevent unnecessary injuries while on the water. Do you even need to say don’t drink and boat?

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CSX Deal Would Have Left Taxpayers Holding The Bag

The editorial page for the Lakeland Ledger on Tuesday, May 06, 2008 describes the “Wreck of the Old CSX”, which is appropriately named.  Every state agency in Florida is asked to trim their budgets by millions of dollars, yet right up until the end of the legislative session the cost of the CSX deal had ballooned from $491 million to $641 million.  This was one problem with the plan, but not the most significant.  CSX had $351 million in profits last year, a 46% increase from the year before.  Yet CSX wanted taxpayers to be responsible for any injuries on the rails, even injuries caused by CSX.  Even more significant than that is the way the whole deal first started.  Ignoring government in the sunshine and being open to the voters, Jeb Bush and the Department of Transportation told everyone to trust them and it would be all right.  This is not how taxpayer funded government is supposed to work.  If you want taxpayers to fund something, don’t make backroom deals with one of the most profitable transportation companies in America.  Keep it out front so everyone can see what is going on.

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Beer Thieves Ejected From Car In Violent Crash

Would you risk your life for a case of beer? 

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CSX Waiver Legislation Derailed

The CSX deal with the state appears to finally have died for this legislative session, due to CSX refusing to back down from immunity liability.  Until that issue came to light in January the Florida Legislature appeared to be moving quickly towards a deal while being very quiet about who would pay for injuries caused by CSX employees or trains.  When it became common knowledge that CSX was working behind closed doors to try and eliminate any exposure for their own negligence the grassroots opposition started to show up.  The Florida Justice Association stepped in and took an active role in combating this piece of legislation, as did Senator Paula Dockery who worked very hard to bring all the details of this deal into the sunshine.  It seems pretty clear that when you start working a deal and don’t want anyone to know what is going on, somebody is not going to like what you are doing.  They may not likely because of the deal or they might not like it because of the way the deal is made, but either way when dealing with tax dollars it is better to make sure the voters are kept in the loop.  Otherwise things like this CSX deal may come up and then die out in the last days of the legislative session.

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CSX Won't Let Dangerous, Unfair Waiver Issue Die

Hold the phone – CSX

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Senate Backs Down -- For Now -- On Deal Giving CSX Immunity for Its Own Negligence

The Florida Senate has put the CSX railroad deal on hold for the time being.  Faced with mounting pressure the main backers in the Florida Senate appear to be backing down and waiting for a more ideal time to strike.  While opposition has been mounting it appears that the intervention of Florida Chief Financial Officer Alex Sink has helped to “sink” the deal for the time being.  Sink’s background is finance and she provided the dollars and “sense” to show why this is a  bad deal for Floridians.  The Legislature is ready to set aside somewhere between $200 million and $250 million of taxpayer money to help take care of any injuries incurred on the railways and CSX has to put up nada.  Even if CSX is responsible for the injury, they receive complete immunity.  With the action by the Florida Senate to strike all amendments, including the liability immunity, the issue does not appear ready to pass the Senate with only two days remaining.  Should be interesting to see what gets cooked up next year or in any special session called by Governor Crist.

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CSX Railroading Waiver of Its Own Negligence Through Legislature

Last night, the Florida House approved the deal between FDOT and CSX regarding commuter and freight rail - and including a waiver of liability for CSX for accidental injuries and deaths that occur along the 61 mile corridor in this area, even those due to the negligence of CSX. The Florida Senate is scheduled to vote on this debacle today since it has been placed on the Senate Special Order Calendar - short for "Hurry-Up-and-Cram-It-Thru-the-Process-Before-the-Screams-of-Protest-Get-Too-Loud." The basic deal is bad enough - this first segment of commuter rail in the greater Orlando area will be done in such a way which will adversely impact the future ability for the remainder of central Florida to have rail because of increasing freight traffic on the remainder of the CSX line between Orlando and Tampa. Beyond that, the liability waiver for CSX is absolutely NUTS. If you or a loved one are seriously injured or killed because of a CSX screw-up, there will be very limited recourse - and all us as taxpayers will be responsible for that. Want to know how bad that is? So bad that even the Lakeland Chamber of Commerce is opposed to it, stating in an official release today "It is crucial that this waiver of liability for CSX not be allowed." Keep in mind that local and state chambers of commerce generally support all manner of limited liability (and often even absolute immunity) for businesses, medical treatment,etc. because such arguably reduce their members' insurance premiums - not true, but it sounds good. Well, this deal is so bad even the Chamber sees it for what it is - state subsidy and unwarranted protection of private business interests. Call your State Senator - quick! If that doesnt work, keep your families as far away from trains as possible and make sure you vote next time these brilliant folks come up for re-election.

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Medical Malpractice Insurers Profit from Misleading Information

The Lakeland Ledger published a letter from B.D. Ballard who was upset about medical malpractice. Ballard (unknown if Ballard is male or female) was rushed to a hospital emergency room where a pacemaker was installed. According to Ballard, this was not done properly and Ballard has contacted two law offices about this issue. Both have been unable to help Ballard because of a 2002 law change that effectively shuts off any chance of recovery for a patient who suffers medical malpractice in an emergency room setting without death or close to it. When this law was being debated medical lobbyists claimed doctors were leaving Florida in droves (not true), that malpractice insurance was skyrocketing (not true), and that malpractice insurance companies were leaving the state (again, not true). In fact, when forced to testify under oath the insurance company big wigs had to admit they were making money in Florida, that doctors were not leaving in droves and malpractice carriers were applying to provide coverage in Florida. The insurance companies just wanted to make sure they could get their premiums but shut down any chance of having to pay anything out.

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FDA Set to Review Lasik Warnings

The Food and Drug Administration (FDA) will be in hearings today to review the warnings given to patients before undergoing Lasik eye surgery.  While Lasik leaves many patients with good vision - some better than 20/20, the FDA has heard complaints from about 5% of patients about the procedures side effects and inability to correct their vision.

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Truckers Lobbying for Faster Speed Limit

The American Trucking Association, a group that represents trucking companies, is calling for a return to a uniform national speed limit.  While the national speed limit was set at 55 m.p.h. in 1974 (a response to an oil shortage), states have been allowed to regulate their own speed limits since 1995.  Most states have set their speed limits over 65 m.p.h., and some places in Texas have speed limits of 80 m.p.h. or greater.

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Allstate Insurance Company Suspended From Writing Policies in Florida, AGAIN

Allstate refuses to comply with an order from the Insurance Commissioner in Florida to provide documents showing how Allstate determines what rates to charge for insurance. Instead of complying with the order Allstate sued to prevent disclosure of the information and allow Allstate to keep selling policies while thumbing their nose at the Insurance Commissioner.The appellate court in Tallahassee agreed with the Insurance Commissioner and has ordered Allstate to cease writing any new policies in Florida until Allstate complies with the records request.Lilly, O’Toole & Brown deals with insurance companies on a daily basis. With almost 200 years of experience our lawyers know how to handle insurance companies.

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Bill Would Permit Counties to Ban Dangerous Dogs

Pit bulls account for more than 1/3

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Airborne Settles False Advertising Suit for $23.3 Million

The makers of Airborne, an herbal supplement that claims to ward off the common cold by boosting your immune system, have settled a false advertising lawsuit for $23.3 million. 

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MAN IN WHEELCHAIR KILLED BY HIT-AND-RUN DRIVER

For the second time this

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INSURANCE REGULATORS FILE ADMINISTRATIVE COMPLAINT AGAINST ALLSTATE

The Florida

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Delayed Notification From CPSC Means More Injuries

A January 31, 2008 report from Public Citizen details how it takes the Consumer Product Safety Commission (CPSC) an average of seven months between receiving notification that a product is dangerous or defective and distributing that information to the public.  The CPSC, which is responsible for "protecting the public from unreasonable risks of serious injury or death," offers an online database which lists all product safety news and recalls. 

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HURRICANE VICTIMS OFTEN SUFFER AT HANDS OF UNETHICAL ADJUSTERS

 

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Merck Settles Overbilling Lawsuits: $671 Million

Merck has agreed to settle two lawsuits which alleged overcharging Medicaid for Vioxx, Zocor, and Pepcid.  The settlement total is $671 million, which includes a $399M payment to the plaintiffs, $218M to the federal government, and $181M to 49 states and District of Columbia.

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Florida Highway Patrol Report comes in on Massive Pile up On I-4

 

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U.S. 17-HAVENDALE INTERSECTION MOST DANGEROUS IN POLK COUNTY – AGAIN

 

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Wait Times Increasing in Emergency Rooms

A study in the January 15, 2008 edition of the Health Affairs journal reports that adult wait times in emergency rooms rose to about a half an hour in 2004, up from 22 minutes in 1997. 

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Florida Returns to "No-Fault" Auto Insurance System

As of January 1, 2008, Florida is again requiring no-fault auto insurance.  “No fault” insurance bars suits against other motorists unless there has been death or permanent injury.  Unlike the traditional insurance system where the bill for the car crash is paid by the company that insures the driver at fault, the “no fault” system requires your own insurance company to pay for your injuries, no matter who was at fault.

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No Policies to be written by Allstate

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Allstate being called onto the carpet...

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Florida Bars New Allstate Policies After Insurer Withholds Documents, Angers Regulators

 

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ALLSTATE SUSPENDED FROM ADDING POLICIES

 

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FHP, DOT Ignored Warnings of Fog, Smoke That Led to Deadly I-4 Pileup

 

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Florida Property Insurers Face Possible Class Action over Broken Promises

 

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Brushfire Deathtrap on I-4

 

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Twin Florida Southern Students Killed When Tractor Trailer Runs Red Light

 

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2 Bus Crashes in Polk County

 

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Supreme Court Justice Gives Speech In Orlando During New Federal Courthouse Dedication

 

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