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In the Spring of 2018, Leesfield & Partners launched a new initiative to raise awareness of the dangers of furniture tipping-over on toddlers and young children.  Following the settlement of a horrific wrongful death case against a furniture manufacturer on behalf of a mother who lost her child in a tip-over tragedy, the facebook page @FurnitureTippingOver was created.  The new page provides statistics, helpful information and preventative ways parents can use to make their children’s environment safer.

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Launched this week, the new campaign “Protect Children – Anchor it!” reminds us all that every 17 minutes, a child is injured in a tip-over incident at home.

Help us in raising awareness by reposting and by demanding that furniture manufacturers join us in making our homes safer.

 

 

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On October 15, 2018, the Florida Supreme Court issued its Opinion in DeLisle v. Crane Co., and held that the Florida Legislature exceeded its authority when it adopted Daubert by codifying it into Florida Law under chapter 2013-107, Section 1:

“With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts.”

In reaching this decision, the High Court reiterated the long-established arrangement between the branches of Government to avoid constitutional questions of separation of powers.

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zachary-jacksonIt has now been two months since the horrific death of 9-month old Zachary Jackson.  In the afternoon of July 17, 2018, Zachary was found unresponsive inside the home of Joseph and Debbie Dodd.  Earlier that day, Zachary’s mom had dropped her infant at the Dodd Family Daycare, in Clermont, Florida.  That was the last time she saw him alive.  At 4:22 p.m., when Zachary was discovered, he was in a car seat, blue, and unresponsive.

Today, the Lake County Sheriff’s Office continues to investigate what happened inside the home that caused Zachary’s death.  The owners of the daycare were also interviewed by DCF investigators immediately after this happened.  The Dodds said that earlier in the day Zachary tried to climb out of his playpen and fell, however their story did not match Zachary’s injuries.

Attorney Thomas Scolaro spoke exclusively with Amanda Castro of ClickOrlando.com about this situation and released the following statement on behalf of the family:

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Experienced personal injury lawyers know all too well that dangerous conditions exist all around us as soon as we leave our home. Over the past four decades, Leesfield & Partners’s trial attorneys have seen unsuspecting members of the public suffer horrific injuries as a result of just about every conceivable construction defect, building code violation, and failure to use the slightest degree of care in maintaining premises.

In many premises liability cases, inspection of the injury location is the defining moment of the case. The attorney brings his or her wealth of experience to the scene to evaluate the conditions, and equally important, the retained experts conduct their scientific testing. The vast majority of trial lawyers appreciate the importance of site inspections; however, the need to conduct inspections immediately is often lost. Trial lawyers must do everything possible to secure their inspection as quickly as possible, which may dictate the strategy of their representation. In many cases, the failure to conduct an immediate inspection may jeopardize crucial evidence or even doom the case altogether.

IMG_3525_resize-300x200Take for example a case our law firm recently resolved involving a negligently maintained bathtub surface at a Days Inn hotel. Our client turned on the water, took one step onto the tub surface, and slipped immediately, resulting in a significant hip fracture. Our client reported to us that the shower surface was so slippery it felt like she stepped onto ice. She explained that the anti-slip coating on the surface appeared to be excessively worn and neglected. By the time the client contacted us, weeks had already passed, and the bathtub surface remained in service for other guests. Under the law, we would not be able to arrange an expert inspection of the tub until a lawsuit was filed. Accordingly, we refused to delay by trying to resolve the case without litigation. We immediately filed our lawsuit and, with the lawsuit, served on the hotel a Notice of Inspection for the earliest possible date the rules of procedure allowed. Later, when the hotel’s attorneys asked to postpone the unilaterally scheduled inspection, we respectfully declined in the interest of our client. The inspection proceeded just weeks after we were retained, and our expert engineer confirmed the hotel’s failure to comply with industry standards for slip resistance. The most crucial evidence in the case was preserved, and the hotel ultimately settled with our client for $675,000. Had we not aggressively pursued an immediate inspection, the hotel would have had a valid argument that a later inspection would not be representative of the conditions at the time of our client’s fall due to “months and months” of continued wear and tear by continued use, scrubbing, cleaning solutions, and so on.

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Leesfield & Partners’s continued growth welcomes our newest lawyer, Thomas D. Graham. Tom is admitted to the Florida and Pennsylvania Bars bringing new perspectives to our practice as he continues the Firm’s tradition of high level advocacy. As an Assistant State Attorney, Tom completed over 25 jury trials and 100 bench trials, and will continue his trial practice which now will be directed towards civil justice and protecting victims of negligence and wrongdoing.

Although Tom is experienced in admiralty, maritime and cruise ship litigation, he also is committed to the complete array of cases handled by our Firm. An added plus, is his admission to the Pennsylvania Bar where we actively represent and protect Pennsylvania travelers to the Sunshine State. Tom is active in numerous associations and leadership activities, now joining the American Association for Justice (“AAJ”) and its New Lawyers Division.

Our firm remains active in statewide litigation, resolving cases from the Panhandle to the Florida Keys. We are particularly proud of the recent influx of cases from Florida’s Gulf Coast and appreciate the opportunity to co-counsel serious matters with lawyers from that region.

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Collapse of Garage on Miami-Dade College Campus in 2012

Whether a developer is trying to make a delivery deadline on a construction project, or cut costs because the project was under-budgeted at inception, or hire fewer workers in the face of safety, typically construction incidents stem from developers, contractors, and subcontractors cutting corners.  In recent memory, a garage collapse on Miami-Dade College campus in 2012, which caused injuries to eleven people, including four fatalities, ended in multi-million dollar settlements with the victims and Miami-Dade College.  Four years later, the rebuild of the same garage collapsed again, injuring two workers.

In an article titled “Identifying Root Causes of Construction Accidents”, published in the Journal of Construction Engineering and Management, several causes were discussed and ultimately identified after studying thousands of different cases.  The authors concluded that one of the top three causes stems from management procedures which create and fail to identify, rectify and remove unsafe conditions that exist on and around a construction site.  The other two causes were linked to workers lacking sufficient training or knowledge.

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Over the Christmas holiday weekend, 107.3 million Americans will be in transit.  Leesfield & Partners wishes everyone a safe holiday and best wishes for the new year.

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For more information, the Travel Tort Division will represent all clients involved in transit incidents, regardless of the method of travel.  This includes motor vehicles, airplanes, boats, and trains.

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2-panel-Texas-mailer_New_Proof-236x300Leesfield & Partners, through its leading verdicts and results, has established a 43-year reputation representing injured clients throughout Florida, nationally and internationally. Our goal remains to resolve cases and bring financial security to injured clients. Representative of 2017 are the following results: (This is a partial list with the full compilation found in our website at this link)

A 14-year-old boy from Miami-Dade County who sustained extensive injuries to his leg caused by the defective bicycle bar handle manufactured in China. This case is set for trial.

A 61-year-old Miami Beach resident awarded $450,000 as a result of his toe being crushed and amputated when a negligently installed marble counter at a residential building collapsed on his foot.

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Photographer: Tim Shortt
Media: Florida Today

Last week, two out of four boaters were killed after their airboat flipped in the air while traveling up the St. Johns River in Melbourne, Florida. Eyewitness and fellow airboater Timothy Young told USA Today the airboat “was going kind of fast” and the “back half of the boat was sitting kind of low” before the incident occurred, suggesting operator error may not be the sole cause for the tragedy.

Like in any boating incident, the Florida Fish and Wildlife Conservation Commission (FFWCC) is in charge of the investigation and finding out whether the driver was negligent or whether the incident was precipitated by some sort of maintenance issue or mechanical failure.

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https://www.floridainjurylawyer-blawg.com/wp-content/uploads/sites/257/2017/11/medical-appointment-doctor-healthcare-40568.jpeg-300x200.jpgTurned down by other law firms, a young widow whose husband had been abhorrently ignored by ER doctors at a Florida Hospital turned to Leesfield & Partners for help. Ten months later, Partner Thomas Scolaro and Attorney Mason Kerns were able to secure a multi-million dollar settlement during the claim’s pre-suit period, for the loss of her husband and for her young son’s loss of his father.

Earlier this year, Scolaro and Kerns reached another multi-million dollar settlement on behalf of an adolescent girl whose doctor failed to recognize that his patient had sustained a stroke. The doctor’s unbelievable failure to diagnose caused delay in administering known effective treatment. Due to this physician’s negligence, our 17-year-old client was left with permanent cerebral sequelae which have drastically altered the quality of the remainder of her life.

These catastrophic medical malpractice cases were the main target of previous Administrations who actively sought (and succeeded to) limit the recovery of medical malpractice victims through arbitrary and unconstitutional laws. Indeed, since 2003, Justice for medical malpractice victims has been very hard to obtain due to insurance company-friendly laws. Governor Jeb Bush at the time forced the passage of statutory caps for plaintiffs who had been victims of medical malpractice, limiting the monetary compensation they rightfully deserved. The preeminent argument was that malpractice insurance premiums for Florida doctors were skyrocketing and causing good doctors to flee the state as a consequence.

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