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Read our comments about the latest personal injury news and topics. On this page of our website, we post blogs about a variety of subjects, such as car accident cases, nursing home abuse, insurance disputes, sinkhole claims, hurricane claims, commercial litigation and wrongful death. Our Central Florida accident attorneys represent cases in Orlando, Tampa, Lakeland, Bartow, Sebring, Lake Wales, Haines City, Wauchula and throughout Florida.

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2/2/2009
Bob Grode, Attorney
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Uninsured Motorists in Florida Grow in Numbers, Florida 5th Highest in the Country

A recent survey showed Florida is ranked 5th in the entire country in the number of people driving without insurance. The chance of being struck by a person driving without any insurance at all grew this past year and the chance of being struck by a person driving with only minimal insurance is even higher. Unfortunately, as the economy continues to get worse more and more people are forgoing coverages they previously had or are just not renewing their insurance. It is against the law in Florida to drive without at least Personal Injury Protection and Property Damage coverage. But more and more people feel it is their right to drive even while violating the law. Even more are having problems paying their bills and will cut into this critical area of protection. Do not depend on the negligent driver to be covered. Contact your agent now to discuss protecting you when struck by a negligent driver without adequate coverage.

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12/2/2008
Howard Kay
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Lake Gibson High School Makes the Right Choice

Monday was not a typical Monday at Lake Gibson High School. Half of the student body did not come to school, in fear that they might be shot. A message was left in a boy's bathroom before Thanksgiving which threatened a school wide shooting on Monday at 11:11 am. Luckily there was no shooting but parents and Lake Gibson High School were not taking any chances and rightfully so. Lilly, O'Toole & Brown sees incidents involving inadequate security at various business quite often, usually a restaurant or business with a lot of customer traffic where the business does not adequately protect their customers and, as a result of their negligence, a customer is injured or in some instances killed. Forwarned is forearmed, and in the case of Lake Gibson High School the more conservative path was taken to protect our most precious commodity. A day of school can be replaced and it is hoped the person responsible for this act of terror is caught quickly. While this incident appears to have been a hoax, no protection is too great to make sure our children are safe.

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12/1/2008
Bob Grode, Attorney
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Road Construction Around Polk County Means Slow Down

Road construction and road improvement in Polk County is never ending. Sometimes it is a back road that is going from dirt to asphalt and sometimes it is widening South Florida Avenue. But no matter where the construction is happening there is always one thing that occurs: speed limits go down. In a construction zone there is a lot of things happening all at once. People are walking around both on the road and the shoulder. Heavy equipment is being used. Cars are being redirected or stopped, because only one lane is usable while improvements are made to the other lane or lanes. The human eye is a marvelous invention, but it was designed for use by people moving at a top speed of however fast their legs could carry them. In a car that speed is increased exponentially and can cause serious problems if not accounted for, especially in a construction zone. When a construction zone is looming ahead, generally there is a posted speed for the area. This is a maximum speed and is generally not followed which results in more crash scenes than a normal road area of the same type. Be mindful of construction zones and posted speeds for those zones. With more warning of potential danger because of a reduced speed, the human eye has a chance to catch up and prevent a tragedy.

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11/17/2008
Larry
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Supreme Court Justice Gives Speech In Orlando During New Federal Courthouse Dedication

The latest addition to Orlando is the grand and impressive new Federal Courthouse. The six story $102 million George C. Young U.S. Courthouse and Federal Building Annex in downtown Orlando was dedicated yesterday drawing attention and speeches from federal judges, government officials and Supreme Court Justice Clarence Thomas.

Quoting Winston Churchill, Justice Thomas expounded, "We shape our buildings, and afterwards our buildings shape us." The new building is an awesome site and satisfies Orlando's long overdue need for a new federal building.

Our federal buildings, the time, effort, and funds that go into them, evidences our country's dedication to justice. When lawyers, litigants, and the general public enter this grand establishment, fairness and impartiality will fill the air and assure everyone within its confines that America and Florida are dedicated the administration of justice.

Larry

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11/17/2008
Kent Lilly
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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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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Kent Lilly
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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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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Brian
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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.

If you're hosting your own party on the 4th, check out our article on Fireworks Safety. According to Prevent Blindness America, some 6,400 families spent part of the 4th of July last year in a hospital emergency room. Don't let it be you this year.

National Fireworks Safety Month runs a little long (June 1-July 4) because of the incredible damage that a lit firework or sparkler can do to your hand, face, or vision. Fireworks (including sparklers) can burn at up to 1,800 degrees Farhenheit. so be sure to keep yourselves safe and watch out for your children this year.

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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Bob Grode, Attorney
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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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11/17/2008
Bob Grode, Attorney
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Parents Arrested for Death Involving Drunk Teenagers

As discussed in an insightful article by Steve Brown, one of the fine attorneys at Lilly, O’Toole & Brown, alcohol and teenagers do not mix well. And when parents of the teenagers provide the alcohol, the results can be disastrous.

The parents of a Sarasota High School student were arrested recently on charges they provided alcohol to teenagers at a house party that ended with the death of an 18-year-old. The parents bought the beer for nine teenagers, watched the teens play beer games and never tried to slow down the drinking, according to the arrest reports.

A fight started at the home and some of the teens were injured. As discussed in the Lilly, O’Toole & Brown newsletter, the potential liability here is great, but the criminal aspect is even more disturbing.
To obtain a copy of our newsletter -- The Docket -- go to our homepage and look for newsletters at the bottom right-hand portion of the page for the link.

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11/17/2008
Bob Grode, Attorney
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Tenth Circuit Judge Elections – Go Vote!

Tuesday, August 26, 2008 will be an election day in Polk County. Lilly, O’Toole & Brown encourages everyone to go out and exercise your constitutional right to vote, but do so wisely.

Before casting a ballot for a particular candidate or position, make sure you know what it involves. Review sample ballots ahead of time and get some information on the issues.

There is an election for a Circuit Judge position this year, with two candidates. Nathaniel White and John Radabaugh are the candidates, and both are very well qualified to serve in one of the toughest jobs in the legal field. Look at their websites, literature and reputation. Talk to friends familiar with the candidates and cast a well-informed vote for the person you think will better serve the Tenth Circuit.

There are a lot of countries in the world that don’t have the right to vote, so take a moment and be thankful for what we have.

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11/17/2008
Wendy Ohlman
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11/17/2008
Bob Grode, Attorney
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Ask The Hard Questions When Choosing A Lawyer

People search for attorneys lots of different ways. The most common is through friends and family who have dealt with lawyers before.
Also commonly used is advertising like radio and TV commercials or the phone book. But how do you know you have the right attorney?
In Polk County, Lilly, O’Toole & Brown has more Board Certified Civil Trial Lawyers than anybody else. 50% of the attorneys are currently Board Certified by the Florida Bar in Civil Trial, again a distinction no other law firm in Polk County can take credit for.
So when you meet with a lawyer make sure they have the credentials to back up what they are saying. Is the firm they work with capable of handling your claim? Will they go to trial if necessary to protect your interests? With advertising lawyers always suggest you contact them to get free information about their credentials. Take the time to do that and you will see that experience matters.
Some of the lawyers used to work with insurance companies and understand how the insurance company evaluates a case. Others have varied backgrounds in business and finance and still others have long standing ties to the community. Get that free information and find out if the lawyer is the one for you.

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11/17/2008
Wendy Ohlman
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