Florida Injury Lawyer Blawg

Published on: January 21, 2015

Fatal hit and run of two bicyclists in Key Biscayne

Early this morning, two bicyclists were ran over by a motor vehicle in Key Biscayne. Police has advised that the driver who struck the bicyclists fled the scene, yet investigators have since indicated that the alleged driver was currently in custody.

There are very few details to date about the incident other than it occurred at around 5:30 A.M. and that the fatally struck bicyclist was in the right lane of the Rickenbacker Causeway near Crandon Park Marina. The other bicyclist, whose health condition remains unknown, was transported by ambulance to the hospital. Both families have a civil claim against the driver, and any other potential and non-obvious defendants.

Sadly fatal accidents of bicyclists in Key Biscayne is nothing new to authorities and to our law firm. In 2012, Aaron Cohen was on his bicycle on the Rickenbacker Causeway with his friend Enda Welsh, when he was also struck by a motorist, Michele Traverso. Much like today’s incident, Traveso fled the scene only to surrender himself 18 hours later. By the time Traverso was in custody, police could no longer garner evidence that Traverso was intoxicated at the time of the incident, and therefore could not possibly charge him with a DUI. Traverso was ultimately sentenced for less than two years behind bar for leaving the scene of a fatal accident.

Published on: December 22, 2014

A year of growth in many ways

By Leesfield & Partners

We hope you noticed that Leesfield & Partners is now Leesfield & Partners, recognizing Tom Scolaro’s 15-year career at our firm which began as a law clerk and research assistant. Tom has excelled in every way recognized by the trial bar and fully earned his placement as a named partner.

During his career, Tom has tried numerous multi-million dollar verdicts, setting records throughout the state through his proactive and highly assertive litigation and trial skills. According to Founding Partner, Ira Leesfield, “Tom is a trial lawyer who consistently says ‘give me the ball.” He works tirelessly and never complains. His productivity demonstrates an understanding that the firm’s clients need to get their cases resolved: timely, but resolved fully.

The announcement of Leesfield & Partners has been well received with responses coming from Europe, Canada and throughout the United States, and, of course, from all points of Florida.

Published on: October 13, 2014

Fatal boating collision during holiday weekend in Miami

By Leesfield & Partners

On Saturday night, a two boats were involved in an accident off Biscayne Bay, one mile off Matheson Hammock in Coral Gables, Florida. The Florida Fish and Wildlife Conservation Commission which is investigating every single boating accident in the region has relayed minimal information through its spokesperson, Jorge Pino. What the public knows thus far is that a 68-foot motor yacht traveling north along the coast collided with a 27-foot pleasure boat that was navigating south along the coast.

Three occupants of the smaller boat fell into the water and were injured in the accident. All three were pulled onto the yacht by some of the 21 passengers on board. Among the three injured people, Maria Del Valle, 29, was critically injured. She was initially taken to Mercy Hospital for treatment before being transported to Jackson Memorial Hospital, where she tragically died.

Maria Del Valle was the mother of four children, with the youngest child being just 14-months-old, according to the FWC. The father of her youngest child, Maykel Perdomo, 33, is among the injured people who were on the small boat and thrown into the water. He is said to be in stable condition at this time. The third person involved is Dayron Baralt, 23, who was still in critical condition yesterday. His status remains unknown at this time.

Published on: September 29, 2014

Addressing the Perils of Parasailing – by Ira H. Leesfield

By Leesfield & Partners

Among all water-based recreation activities that Floridians participate in year-round, parasailing has proven to be the most dangerous. By the very nature of parasailing, accidents invariably result in either catastrophic injuries or death. Leesfield & Partners with other key advocates have been at the forefront of promoting the passage of laws and regulations to increase parasailing safety. After numerous articles and blogs, answers have finally come with the recent passage of the White-Miskell Act, and, now, this week’s release from the NTSB’s Special Investigation Report: Parasailing Safety.

Promoting parasail safety has become a priority of mine since 2007 while representing the family of two teenage-sisters, injured and killed during a flawed parasail ride. This was national news and rightly so. Witness videos and photos showed the boat towing the parasail as it was pushed ashore due to strong currents and very high winds, and on the end of the towing rope, you could see the two sisters in the parasail, dangling dangerously high up in the air, at the mercy of the elements. Seconds later, the towing rope snapped and both girls were catapulted against several buildings, dragged across rooftops, and falling lifeless into palm trees.

After speaking with members of the Coast Guard, it became clear that human error was the common denominator in almost every single parasailing accident. Faulty equipment, inadequate weather-tracking equipment, operator error, or lack of training are always contributing factors of parasailing tragedies. There was no protection from the State of Florida nor did the Federal Government have any regulation in place to safeguard the public from irresponsible operators at the time. For years, the parasailing industry was a modern version of the wild wild west: Buy a boat, a rope, a chute, you are in the parasailing business! Things had to change.

Published on: August 13, 2014

4-year-old child killed by dog in Miami

By Leesfield & Partners

Dog bite cases are among the saddest and most tragic cases when representing victims and families in personal injury cases. Today in Miami, a four year-old was apparently mauled to death by a dog at 12301 SW 230th Street. The details of this horrific incident have yet to be known or released by Miami-Dade responding police officers. It seems that the identities of the dog or the dog owner are unknown at this time. A still photograph taken by a helicopter shows a teddy bear laying on the grass, and a small size sheet draped over the child’s tiny body.

The dog laws in Florida favor all victims of dog bites, making the dog owner strictly liable for the injuries the dog inflicted upon the victim. In cases involving a child younger than 6-years-old, Florida Law disposes that the child cannot be held responsible for any comparative fault. There is a standing comparative negligence question regarding the parents and the potential lack of supervision of the child which may or may not have contributed to the child falling a victim of the animal.

The tragedy of losing a child under such ignominious circumstances is even worse knowing that, so far, the dog owner and the dog are unidentified. Even if the police recovered their identity, the parents of the small child will be in an extremely difficult position to recover for their unspeakable loss.

Published on: July 7, 2014

Fatal boating collision on takes four lives

By Leesfield & Partners

In May, Ira Leesfield underlined the increased dangers in all water-related activities, including boating, during national holidays when he wrote: “Memorial Day boating and water sports highlight safety issues in the Florida keys.” This past weekend, during the 4th of July festivities, tragedy struck when three boats collided, resulting in the death of four people, and seven more severely injured.

Investigating officers for the Florida Fish and Wildlife Conservation Commission have released several answers as to what exactly happened on Friday night at around 10:40pm. Fish and Wildlife spokesman Jorge Pino said yesterday that it is typical for boaters to go out on the bay to watch the July 4th fireworks from the water. When the fireworks end, it is also typical that the majority of these boats sprint back to land, and the dark conditions always make heightened the dangers of a potential boat collision or accident. It would only take a leap to hear the investigators look to the operator of the Contender as the potential responsible person for the three-boat collision.

According to witnesses aboard the Carrera, the Contender was “coming straight toward” them at high speed and crashed into the Carrera before any evasive maneuvers could be undertaken by either captains. The Contender spun out of control after the first impact and ended its course after colliding with a third boat, the Boston Whaler.

Published on: June 24, 2014

South Florida Roads: Six fatalities under 24 hours

By Leesfield & Partners

In less than 24 hours, South Florida roadways have witnesses four motor vehicle accidents which caused the death of six people. While the number of traffic accident fatalities is in somewhat decline in the State overall, last weekend’s events are a brutal reminder that traffic safety remains the greatest cause for unnatural deaths in Florida.

In Miami Beach, a woman was killed while crossing the street at Rue Granville and Normandy Drive. She was struck by a car on Sunday night and was emergently transported to the hospital. She succumbed to her serious injures at the hospital.

Earlier that day, two women crossing Alligator Alley were killed when they were struck by an SUV near mile marker 63. According to the driver of the vehicle who struck them, the police said the deceased were walking along the median of Alligator Alley and began crossing the road in the direction of their car that was parked in a rest area along the road. The driver of the SUV was unable to avoid them and after hitting the windshield, they both died at the scene.

Published on: June 18, 2014

Children poisoned by carbon monoxide at Daycare sent to Hospital

By Leesfield & Partners

Yesterday, 72 children and 10 adults were emergently transferred to the hospital after a carbon monoxide leak was discovered at a daycare facility. Among all the small children, five were clearly more affected by headaches and vomiting. The authorities advised that the leak at “Les Petits Explorateurs” daycare in Quebec was contained and thankfully a tragedy had been avoided. The investigation continues as to how the leak had occurred the first place.

Carbon monoxide poisoning occurs after inhalation of carbon monoxide, a toxic, odorless, tasteless, and colorless gas. Minimal exposure can affect a person in many ways, including fatigue, headaches, nausea, and vomiting. If carbon monoxide poisoning is prolonged over a significant period of time, severe symptoms and health risks will occur such as losing consciousness, permanent brain damage, and death.

In 2008, a Florida law finally passed with the help of Ira H Leesfield, which requires that every building for which a building permit is issued for new construction on or after July 1, 2008, and having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes. (Fla. Stat. § 553.885)

Published on: June 13, 2014

Settlement in personal injury construction case involving toppled crane and operator error

By Leesfield & Partners

Construction cases are among the most complex and difficult to win often for factual reasons, and always for legal reasons.

This week in Hallandale, a horrific construction site incident occurred when Christopher Ricci, 27, was killed after a crane toppled and fell on him in the Golden Isles neighborhood of Hallandale Beach. At the time, Christopher Ricci was working on a sea wall. “The crane started to topple over. Construction workers noticed what was taking place and they took off running” said Hallandale Beach police Capt. Sonia Quinones. Christopher took off running as well according to witnesses, but he was fatally hit by the boom before he could run for safety.

Leesfield & Partners successfully resolved a very similar case than the tragic Hallandale incident of Thursday morning.

Published on: June 4, 2014

Electrocuted workers in Miami Beach in critical condition at Ryder Trauma Center

By Leesfield & Partners

On 69th Street and Harding Avenue in Miami Beach, two men working on an apartment complex renovations and repairs were violently electrocuted when they came into contact with a power line.

The two workers’ identities have yet to be released by the authorities, but some of the facts of this incident seem to be without dispute at this early stage. The two men were in the bucket of a cherry picker. A Miami Beach resident whose window was close from where the incident took place, Greg Maas, woke up to loud screams outside his window. When he looked out into the street, he saw the two men laying flat at the bottom of the bucket.

Photo courtesy of wsvn – 7News