Attorneys at the Lilly, O'Toole and Brown law firm in Central Florida handle personal injury and accident lawsuits in Orlando, Tampa, St. Petersburg, FL and surrounding communities. Contact our lawyers today for a free consultation. No recovery; no fee!

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The Firm’s Bartow office is located in the Historic E.A. Law Building located just two blocks from the Polk County Courthouse.

News

Fatal Crash on Florida Turnpike

A crash near Wildwood resulted in the death of Thomas Dasher from Citrus County.  Troopers said that the 18-year old man lost control of his pickup on the Florida Turnpike.  The accident slowed traffic on the turnpike for several hours.

Dasher was traveling in the right, northbound lane when his vehicle drifted into the left lane.  The driver nearly sideswiped another vehicle, but when he over-corrected, he caused his pickup to rollover.  His pickup consequently slammed into the guardrail.  The man was not wearing his seat belt and was ejected from his pickup.  He was pronounced dead on the scene.  

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Possible Wrongful Death Lawsuit Against UCF

The parents of University of Central Florida freshman football player, Ereck Plancher, plan to file a wrongful death lawsuit against the university.  Plancher died during a routine conditioning drill in March.  An autopsy report showed that Plancher’s body shut down due to grueling physical activity.

A letter by the family’s attorney was sent to the UCF Board of Trustees and to Alex Sink, the chief financial officer of the Florida Department of Financial Services.  The letter stated the family’s position on the death of their son and intentions to file a lawsuit.  According to the letter, Plancher was participating in a work out, which involved weight lifting, conditioning and agility drills.  Plancher became over-exerted, collapsed and died.  During his participation in the football drills, Plancher experienced exhaustion, dizziness, shortness of breath and other signs of extreme fatigue.  These signs were ignored by trainers and/or coaches.

The letter goes on to say that “as a direct and proximate result of the University of Central Florida's negligence, Ereck Plancher collapsed and died. Please be advised that Enock Plancher, as personal representative of the Estate of Ereck Plancher, intends to pursue all claims and damages entitled to the survivors and the Estate pursuant to the Florida Wrongful Death Act."

At this point, the university has not denied or confirmed negligence regarding the death, which prevents the family from filing the lawsuit.  Under Florida law, the family cannot file a wrongful death lawsuit until the university either denies the negligence claim or six months have passed.

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Volusia County Car Crash Kills 4 People

A car crash on Interstate 95 in Volusia County resulted in four fatalities.  State troopers stated that a motor vehicle was traveling northbound on the highway near the Brevard County line when the driver lost control and the vehicle veered off the road.  The car then flipped over several times, hit a tree and burst into flames.

The driver and three passengers were in the car at the time of the accident.  It is believed that at least two of the victims were adults. 

It is still unclear as to what caused the car to lose control, but there is speculation that it could have been a tire blowout.

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Fatal Pedestrian Accident on Hillsborough Avenue

Last Saturday night, a 15 year old boy was hit and killed when he attempted to cross Hillsborough Avenue.  According to the Florida Highway Patrol, the boy tried to cross Hillsborough Avenue at Belle Chase Circle at approximately 9:45 PM when he was hit by an SUV.

The teenage boy, who was from Vaughn Washington, was taken to St. Joseph’s Hospital where he was later pronounced dead.  The driver was a 27 year old man from Tampa.  He has not yet been charged in connection with the pedestrian accident.

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Two Vehicles Collide in Orlando

Two vehicles collided Tuesday morning at Apopka-Vineland and Kilgore roads.  Three people were sent to the hospital and the intersection was shut down for nearly three hours after the accident.  Neighbors believe it is a dangerous road and many people think there needs to be a traffic signal.

A Florida Highway Patrol trooper stated that speeding could have been a factor in the car crash.  The accident occurred when a white Jeep crossed the median barrier and hit a green Ford SUV.  Two people in the green SUV and one person in the white Jeep were taken to Orlando Regional Medical Center.  One passenger had to be cut out of the car.

The driver of the Jeep was an 18-year old man.  His injuries are serious.  The driver of the Ford SUV was a 44-year old man who also sustained serious injuries.  The passenger of the Ford SUV had critical injuries.  There are charges pending against the 18-year old driver.

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Florida Woman Jumps Into Sinkhole and Drowns

A Florida woman drowned in a sinkhole known for cave-diving.  Pasco County authorities say the woman was drinking with friends before she jumped into the sinkhole on Saturday, August 2, 2008.

The 45 year old woman had been drinking with friends on a private area in Hudson, just north of Tampa.  She then jumped into the water-filled sinkhole that was approximately 20 feet wide.  According to authorities, the woman’s friends performed CPR after finding her floating body.  The woman was taken to the hospital where she was later pronounced dead.

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Orlando Police Officer Involved in Crash on Way to Crime

An Orlando police lieutenant was responding to a robbery call when his unmarked SUV crashed into another car.  While the  top had to be cut off of the SUV to extract the officer, he was admitted to Orlando Regional Medical Center with non-life threatening injuries. 

According to police reports, the other driver had the green light but did not see the SUV's flashing lights. 

The officer is expected to fully recuperate in a few months.

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Teen Killed in Windermere Crash

A 16 year old was killed in Orange County last week.  The boy was driving a 2005 Lexus on Lake Marsha Drive just after 4 in the morning on July 24, 2008, when he failed to correctly navigate a turn and drove off the road's shoulder.

Troopers have determined that speed was a factor in the crash.  His 16 year old passenger suffered only minor injuries and was taken to Orlando Regional Medical Center for treatment.

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Man at Scene of Single Car Accident Denies Driving

An Orlando, Florida, man who crashed into a pole and knocked out power to several area homes could face driving under the influnce charges.  Witnesses report that the driver struck a round-a-bout before crashing.  The passenger side of the car was wrapped around the power pole. 

Neighbors who witnessed the crash saw sparks flying from the pole and rushed to save the driver, fearing that the car would explode. 

The driver, who suffered broken ribs in the crash, denied driving the car to the police.  He is currently only charged wtih driving without a valid license, but an investigation into whether he was drunk at the time is ongoing.

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Gardasil Safe, says FDA, CDC

Merck & Co's Gardasil vaccine has been given the green light as "safe and effective" for protecting women and girls from a virus that causes cervical cancer.  Consumers, doctors, and researchers have raised questions about Gardasil's safety, but both the Food & Drug Administration and the Centers for Disease Control and Prevention say that the most serious adverse events are not linked to the vaccine.

In a recent statement, the FDA and the CDC said that the benefits of the vaccine continue to outweigh its risks.  In the report, the agencies had reviewed 9,700 reports of health problems.  Six percent of the cases involved "serious events," including 20 deaths.  However, it was determined that there was no common pattern to the deaths that would suggest that they had been caused by the vaccine.

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FDA Not Tracking Drug Makers Who Sell Prescription Drugs for Unapproved Use

A new report from the Government Accountability Office is unearthing some ugly news in the medical malpractice and prescription drug fields.  For a long time, doctors have been practicing "off-label" prescribing, prescribing drugs for uses that they haven't been approved by the FDA for.  While this practice is widely accepted and some patients do benefit from it - others are receiving drugs that don't do them much good and end up wasting their money, sometimes also causing harm.

Drug companies are not permitted to promote medications for uses that the FDA has not approved, but they are allowed to distribute scientific articles to doctors that suggest new and unapproved uses for their medications.  This causes a large grey area to emerge between "informing" and "marketing." 

More importantly, from the time that the federal regulators catch a drug company marketing their drugs for "off-label" uses, it takes them about seven months to issue a warning and four more months to get the company to fix the problem.  During those 11 months, a lot more prescriptions are written based on the off-label use.

According to the GAO, the FDA is ill-equipped to catch even the most blatant marketing abuses and "isn't keeping track of how drugs are marketed for off-label uses."  As a result, manufacturers are held largely unaccountable for their actions.

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OC Mayor's Son Charged with Careless Driving

The son of Richard Crotty, mayor of Orange County, has been charged with careless driving after causing a crash that seriously injured a 9 year old boy. 

The crash occurred Wednesday June 25, 2008, on Daetwyler Drive near Judge Road.  According to authorities, a car driven by the Mayor's 17 year old son hit a Lynx bus and then a van.  A child in the van sustained serious injuries and was taken to Arnold Palmer hospital.  The mayor's son and his two cousins, 22 and 18, suffered only minor injuries.

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Baby Uninjured as Dad Crashes into Firehouse

A 5 month old baby is uninjured after his 37 year old father crashed into an Orange County, Florida, fire station.  Troopers have charged the father, who suffered minor injuries in the crash, with careless driving.  None of the firefighters in the house were injured.

The man was heading west on Oak Ridge Road in his Toyota sedan a little after 3 a.m. when he lost control of his car.  Troopers believe he steered left and headed across the eastbound lanes for unknown reasons before colliding with the station.

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Second Hogan Involved in Florida Car Crash

Hulk Hogan's daughter Brooke was involved in a crash on May 26, 2008, when a male teen lost control of his car.  The driver was switching lanes when he crashed into Brooke Hogan's car.  Neither driver was injured in the car and no charges were filed.

The collission occurred in Clearwater, Florida. 

The accident was just weeks after Brooke's brother, Nick was sentenced to eight months in prison on felony reckless driving charges.

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Nine Injured in Orlando Bus Crash

Nine people were injured Wednesday, June 19, 2008, when a Lynx bus collided with a vehicle on Colonial Drive.  The vehicle had zipped out in front of the bus.  Despite the bus driver's best efforts, he collided with the left rear bumper.  The collission caused the vehicle to roll several times, strike a light post, adn coem to rest near the Chevron station.  The final resting spot was a mere 20 feet from a gas pump.

Barbara Jones, spokesperson for the Orlando police, says that the only thing that stopped the vehicle from hitting the pump and causing even more damage was the light pole, which slowed its momentum.

Four adults and a child in the car suffered non-life-threatening injuries.  Four people on the bus were injured also. 

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Four Hurt in Crash with Ambulance

Four people, including a 60 year old woman, were injured in a crash with an ambulance on Friday, June 20, 2008.  A 2008 Toyota sedan was headed north on Edgewood Ranch Road when an ambulance heading east on Old Winter Garden Road smashed into the driver's side door.

The Toyota driver had a green light, but witnesses told Florida highway patrol troopers that the ambulance had its lights and sirens blaring when it entered the intersection.  The ambulance driver suffered minor injuries and had to be transported to the Health Center in Ocoee.  The emergency medical technician riding in the back of the ambulance was also injured in the crash.

Luckily, however, there was no patient in the back of the ambulance at the time of the crash.

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Car Slams Into Pole, Passenger Dead

Police have concluded that speed and wet roads were to blame in a single-car accident on Thursday, May 22, 2008.  According to police, the driver was heade south on Lawrence Silas Boulevard when he lost control of the car and struck a utility pole.  An 18 year old Kissimmee woman died at the scene of the crash.

Apparently the driver was doing at least 60 mph in a 30 mph zone.  The fact that the roads were slick due to the rain did not help.

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One Dead in Orange County Motorcycle Crash

One motorcyclist is dead and another is injured after being hit by a minivan pulling out of a restaurant on Saturday, May 10, 2008.  THe motorcycle was driving down Dixie Highway at about 9 p.m. when the minivan pulled out of the Shack Restaurant, colliding with the motorcycle.  The impact of the crash sent both of the motorcycle's passengers flyign several feet through the air.  One was pronounced dead at the scene and the other was transported to Orlando Regional Hospital.

Traffic investigators had to shut down the northbound lanes of U.S. Highway 1 for a brief time. 

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Cost of Orlando Nursing Home Care Increases 18%

The annual Cost of Care Survey released by Genworth Financial for nursing home care shows that the cost of care in South Florida is up again.  Orlando has seen an 18% increase in the cost of care since 2004.  In Miami, that figure is 28% and the costs are up about 17% nationwide.

A year in a private Miami nursing home costs more than $91,000 now, almost $15,000 more than the national average.  These figures are distressingly high, as the average annual income for a U.S. household is still only $46,201.

Genworth's data is compiled from the cost of care in more than 10,000 nursing homes and assisted living facilities in all 50 states.

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More Than 1/2 of All Americans on Chronic Medication

According to numbers gathered by Medco Health Solutions, a company that manages prescription benefit plans for about one in every five Americans, over half of all insured Americans are taking prescription medicine regularly for chronic health problems.  Leading the way are drugs aimed at lowering high blood pressure and cholesterol.  These problems are often linked to heart disease, obesity, and diabetes, and indicate a steadily declining public health. 

In addition, experts are beginning to blame the constant advertising of the pharmeceutical industry.  Americans purchase more medicine, per capita, than any other country in the world.  Dr. Daniel Jones, president of the American Heart Association and dean of the University of Mississippi's school of medicine, notes that "unless we do things to change the way we're managing health in this county . . . things will get worse instead of getting better." 

 

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Wrong Way Trucker Causes 6 Car Pile-Up

An accident caused by a soapbox truck headed north in the southboundd lanes of Goldenrod Road in Orlando sent five people to the hospital.  After the truck crashed into the first car, a chain reaction occurred, involving a total of six cars.  Eight people were injured, but three did not require hospitalization.

Officials believe that the driver of the soapbox truck had some sort of heart condition.  The Florida Highway Patrol notes that there were no skid marks or any sort of evasive maneuvers evident from the soapbox driver.  The lack of marks is typically indicative of a medical problem.

If the driver did have a heart condition, official say he is unlikely to face charges.

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Man Dies in Orange County Crash

A crash in east Orange County, Florida, killed an Orlando man on Tuesday, April 22, 2008.  Florida Highway Patrol says that the 21 year old driver was heading south on Alafaya Trail just after 7:30 when he swerved into another lane and lost control of his Chevrolet van.  After attempting to pass a slower driver on the left, the van struck the rear of a car, drove up on the sidewalk, hit a concrete wall, and flipped.  Before coming to rest, the van also hit a tree.

A 23 year old man was also injured in the crash and was taken to Orlando Regional Medical Center.  Neither occupant was wearing a seat belt.

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Orlando Motorcyclist Dies in Accident

The Florida Highway Patrol is investigating a Friday night hit and run crash that killed a 30 year old motorcyclist.  The man was riding a 2005 Suzuki motorcycle when he was hit by a white Chevrolet Monte Carlo.  He was pronounced dead at the scene by the Medical Examiner's Office.

The accident occured on U.S. Highway 192 near the Interstate 4 entrance ramp.  The Monte Carlo did not stop and was later seen headed east on I-4.

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Police Cruiser in Three Car Accident

A police cruiser was involved in a crash with two other vehicles in Orlando, Florida, on April 11, 2008.  The injured Orlando officer was transported to Orlando Regional Medical Center while one of the other drivers was taken to Florida Hospital.

Neither injury is believed to be life-threatening, but the crash caused an oil spill on the road.  The accident occurred at the intersection of Narcoosee Road and Moss Park Road.

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Experimental Vaccine May Prevent Prostate Cancer

Scientists at the University of Southern California are experimenting with a new vaccine that may be able to provide long-term protection against prostate cancer.  Current testing on lab mice finds that mice genetically predisposed to the disease can recieve life-long protection if they are vaccinated shortly after birth.

The vaccine works by stimulating an immune response against the prostate stem cell antigen, which is overly expressed in prostate cancer.  During studies, mice who were 8 weeks old and already showing cancer lesions were injected.  By their first birthday, 90% of the injected mice were still alive while all of the control mice had either died or developed large tumors.

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Four Get Cancer From Donated Organs

When 15 year old Alex Koehne died, it was believed that his death was caused by bacterial meningitis.  However, the autopsy revealed that the death was actually attributed to a rare form of lymphoma.

This revelation would be rather unremarkable, except for the fact that Alex Koehne was an organ donor.  His kidneys, liver, and pancreas were all harvested and implanted into waiting patients.  Since that time, two of the patients have died from cancer.  The other two are currently in chemotherapy.

Koehne suffered from a rare form of non-Hodgkin's lymphoma, a blood cancer found in fewer than 1,500 patients in the U.S. each year.  The lymphoma had spread to the donated organs and subsequently infected the donees.

The transplants were carried out at Stony Brook, NYU Medical Center, and the University of Minnesota.  Experts believe that the case is so rare that it would have been difficult to predict this result, however the hospitals are reconsidering their transplant policies.

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Deputy Responding to Crash in Crash of Her Own

An Orange County sheriff's deputy is in recovery following a rollover accident on the Beachline.  While the officer was headed towards a crash scene on I-4 Tuesday night, her own car rolled over on International Parkway in Orange County.

Her injuries are not life threatening. 

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Orlando Girl Getting Ice Cream Hit by Car

A 9-year-old Orlando girl was hit by a car while buying ice cream from the ice cream man on Monday night.  The accident occurred at Ridge Creek Court and Brook Hollow Drive.

The girl's father was an unfortunate eyewitness to the entire event.  She is expected to recover from her injuries.

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Orlando Man Killed in Crash

The Associated Press reports that a 27 year old Ocoee man was killed in an accident on Interstate 4 on Sunday night.  Two of his passengers, a 40 year old woman and a 24 year old man, are currently in critical condition.  A third passenger was riding in the car but is uninjured.

The driver was pronounced dead at the scene of the Interstate 4 accident near the Ivanhoe Boulevard ramp.

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24,000 Munire Furniture Cribs Recalled

Munire Furniture is recalling over 24,000 wooden cribs manufactured between Nov. 1 2005, and Nov. 1, 2007, because of a fall risk.  The model number can be found on a white label on the bottom inside of the right railing.  Cribs being recalled are:

  • Majestic Curved Top Cribs Model #9500
  • Majestic Flat Top Cribs Model #9000
  • Essex Cribs Model # 7100
  • Brighton/Sussex Cribs Model #9100
  • Captiva Cribs Model #5100

The recalled cribs failed to meet federal safety standards because the support brackets on the mattress springs are too long, which prevent the spring from lowering to the lowest position.  This allows children to crawl over the railing, which poses a fall risk.

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Nation's Worst Nursing Homes

The Centers for Medicare and Medicaid Services have released the names of nursing homes with poor inspection records.  The full list, which contains 131 homes, will be updated on a quarterly basis from now on.  The next update will be in April.

The United States has about 16,400 nursing homes, so the 131 on this list represent only a small portion of the nation's homes.  However, the average home had an average of six or seven deficiencies per inspection.  These deficiencies typically included the unnecessary use of medication by patents or inadequate safeguards to protect Alzheimer's patients from day-to-day hazards.

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Katrina Victims' Newest Problem: Toxic Trailers

FEMA is stepping up efforts to get hurricane victims out of the 35,000 trailers with high levels of formaldehyde contamination.  The Center for Disease Control reports that the trailers had, on average, five times the level of formaldehyde contamination that residents of normal homes are exposed to.  In some cases, the level was mroe than 50 times the typical exposure level.

Exposure to heightened levels of formaldehyde contamination can cause respiratory problems.  Although the federal government does not regulate formaldehyde standards in homes, some cases on the Gulf Coast have been bad enough to cause burning eyes and breathing problems.  The problems have been especially bad in cases where the resident had asthma or air pollutant sensitivity.

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15 Year Old Dies in Car Crash

A 15 year old boy from Orlando was tragically killed in a car crash just outside of Orlando.  The boy was a passenger in a Honda sedan driven by an 18 year old that collided with the back of a recreational vehicle while driving east on Rhode Island Woods Circle around 10 p.m.

The Honda overturned and killed the 15 year old.  The driver of the Honda was taken to Orlando Regional Medical Center with serious injuries.

It is unknown whether either of the boys were wearing seatbelts.

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Leyritz's Crash Victim Also Drunk

For months, Florida has been following the saga of Jim Leyritz, the former New York Yankees baseball player accused of manslaughter for a drunk-driving crash.  Toxicology reports show that Leyritz's BAC was 0.18, more than double the Florida legal limit.

But a new page is unfolding in the story.  It turns out that the woman Leyritz hit, who wasn't wearing her seatbelt, was also intoxicated.  In fact, her toxicology reports show that she had more alcohol in her system than Leyritz did.

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Sore Muscles? Don't Overdo the Topical Lotion

CNN Health warns about the overuse of muscle creams, hair removal ointments, and topical vaginal treatment creams.  All of these gels, lotions, and creams are available without a prescription and all carry some risk of overuse.  The proper use of each of these requires you to read the label and not use more than the recommended amount.

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Several Injured in Avon Park Car Crash

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Study: Heart Bypass Better than Stents

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Two Killed in Broward Car Crash

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Florida Legislature Subpoenas Property Insurers Over Hurrican Insurance Pool

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SUV Careens into Central Florida Bedroom, Launches Bed

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Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
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Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.