"Ira Leesfield"

Published on: April 10, 2013

Florida on its way to ban texting-while-driving? How a worthless piece of legislation will keep roads unsafe

On April 8, 2013, the Florida Judiciary Committee approved by unanimous vote a bill (SB 52) that would ban texting while driving statewide for the first time in Florida. The bill cleared The Senate Transportation Committee last February, cleared the Senate Communications, Energy, and Public Utilities Committee in March and this week cleared the Senate Judiciary Committee. The bill can now be taken to Florida’s Senators for a final vote.

If the bill passes the Senate and the House, this will mark the first time that a ban on texting while driving becomes in effect (on October 1, 2013) after several years of futile attempts to ban texting behind the wheel.

While any ban on texting and driving is a step in the right direction, the proposed law is so meaningless in its reach that it will sadly create absolutely no incentive or deterring effects to dissuade drivers to stop texting while driving throughout the State.

Published on: March 13, 2013

Make the right call on texting and driving

By Leesfield & Partners

TEXTING AND DRIVING Make the right call on texting and driving

By Ira H. Leesfield

After years of false stops and starts, a bill to curb texting while driving is finally building momentum in the Florida House. The current bill would impose a $30 fine for anyone texting while driving, and a $60 fine for doing so again within the same five-year period. Texting would still be allowed when stopped or at a red light.

Published on: August 28, 2012

Awareness of Florida Resort Torts heightened in fatal electrocution case of young child

By Leesfield & Partners

Ira Leesfield pushes for national attention as he appeared on Nancy Grace.

https://www.youtube.com/watch?v=dkMMPooQHhs

Published on: June 1, 2012

Florida still refuses to ban texting while driving

By Leesfield & Partners

Aaron Deveau is currently on trial, facing criminal charges including motor vehicle homicide by negligent operation, negligent operation of a motor vehicle, being an operator under 18 using a mobile phone, being an operator reading or sending an electronic message, driving over marked lanes, and two counts of negligent operation and injury from mobile phone use.

This Massachusetts criminal case could be the first landmark case in the controversial topic of texting while driving, after the 17 year-old-teenager, Deveau, collided head-on with a pickup truck on Feb. 20, 2011, and killing 55-year-old Donald Bowley.

Had this accident occurred in Florida, Aaron Deveau would be freely walking down the streets of the Sunshine State with the comforting knowledge that he will never face criminal charges. The victim’s family on the other hand would only have a civil remedy against the negligent teenager.

In 2010 the state of Massachusetts has passed a law banning the use of mobile phones while operating a motor vehicle. A contrario, Florida is one of only six states in the country which continuously refuses to ban the practice of texting and driving. In fact, this year marked the 7th year in a row that the Florida legislature could have voted on a total or partial ban of the use of handheld mobile phones while driving and adjourned without producing a single distracted driving law.

Map of USA - Texting and Driving Ban.jpg

Image above courtesy of the Insurance Institute for Highway Safety

Ira H. Leesfield, as Senior Managing Partner of Leesfield & Partners, has continuously been an advocate in favor of a total ban of the use of mobile phones when driving a motor vehicle. Recently, Ira Leesfield highlighted the main concerns and legal theories under which plaintiffs could attempt bringing civil cases against negligent drivers who caused injuries while using their cell phone: Driving + Cell Phones = Bad Call.

In an article published in the Miami Herald, Texting and driving a costly business risk, Ira Leesfield warned the corporate world of the dangers of having employees driving and using their cell phones. In 2007, an article published in the American Bar Association’s The Brief, Tort Trial & Insurance Practice Section, in which Ira Leesfield analyzes and discusses remedies and tactics for handling motor vehicle collision cases arising from cell phone use and distractions. This article can be downloaded here.
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Published on: May 3, 2012

The injustice behind “Stand your ground” Law

By Leesfield & Partners

Written by Ira H. Leesfield – Article Published in the Daily Business Review

Florida’s “STAND YOUR GROUND” law not only distorts criminal justice for the victims of this special interest statute, it essentially eliminates civil liability for acts of aggression which would otherwise be compensable in the civil justice system. With the unnecessary death of Trayvon Martin last month in Sanford, the State of Florida is once again at the forefront of national and world attention. This time, it is not ‘hanging chads” which have made Florida the most curious state in the country. Now it is the “kill at will and with impunity” law that has erupted in international skepticism.

The law, Florida Statute Section 776.012, allows individuals to use deadly force if they reasonably believe it is necessary to prevent death or great bodily harm. It embraces a subjective standard, often with no witness or victim testimony. Such force was once only permitted inside one’s home (“castle”). But Florida’s legislature, lobbied relentlessly by the National Rifle Association and other “law and order” groups, in 2005, changed the law. Now, individuals no longer have a duty to retreat from danger but instead have a license to kill when they feel threatened with serious injury.

There is no question that the law has created unintended consequences over the years as perpetrators have been encouraged to escalate dangerous confrontations and take the law into their own hands. According to the Florida Department of Law Enforcement, the number of “justifiable homicides” in Florida has nearly tripled since the law passed. The Trayvon Martin case is one in a long line of cases where the “Stand Your Ground” defense could immunize a suspect for a highly questionable homicide.

The media frenzy surrounding “Stand Your Ground” has focused on criminal prosecution. But the law has a substantial and detrimental impact on civil claims for wrongful death and personal injury as well. One only need to recall the O. J. Simpson criminal acquittal followed by the guilty verdict in the civil case. Generally, an action for civil damages does not depend on the defendant being convicted in criminal court because civil cases have a different burden of proof. However, under “Stand Your Ground,” there can be both criminal and civil immunity, and therefore, insult is added to injury with no accountability for civil damages. What does this mean for the families of Trayvon Martin and others who were gunned down under unwitnessed suspicious circumstances? Must the “Stand Your Ground” defense fail in criminal court before a civil action may be pursued? Does the finding of immunity in criminal court bind the civil court?

Florida law complicates the issue, and there are currently no reported court opinions applying civil immunity in “Stand Your Ground” cases. However, civil court judges may be implored to apply a criminal court’s finding of immunity.

In 2010, the Florida Supreme Court held that in criminal cases, a judge, not a jury, should determine whether the defendant’s conduct was justified under “Stand Your Ground,” and the defendant has the burden of proving his entitlement to immunity by a preponderance of the evidence. In doing so, the Supreme Court removed perhaps the most crucial factual inquiry from the civil jury: whether the defendant’s conduct was “reasonable.” If the criminal judge finds that the defendant is immune from prosecution at an evidentiary hearing, the civil judge in a subsequent case for damages might feel compelled to consider the immunity issue previously adjudicated closing the door on the civil case. Unfortunately, the criminal judge who made the initial finding of immunity might not have known that he was also preventing a civil remedy for the surviving family in a subsequent wrongful death action. Even worse, §776.032, Fla. Stat., includes harsh provisions requiring the civil plaintiff to pay attorneys fees and costs incurred by a defendant who is found to be immune. This deters injured parties from even testing the legal theory.
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Published on: December 22, 2011

Leesfield & Partners Names University of Miami Law Student Recipient Of Its Annual FAWL Scholarship

By Leesfield & Partners

Miami-based trial law firm Leesfield & Partners announces that it has awarded a $1,000 scholarship to third-year University of Miami law student Kayla Pragid. The annual scholarship is granted in association with the Florida Association for Women Lawyers (FAWL) and is presented each year to a law student that demonstrates the highest standards of excellence in both academics and contributions to the community.

Kayla is currently ranked in the top 2.5% of her class and has been recognized on the Dean’s List for all semesters enrolled. She is a member of the University of Miami Law Review and serves on its Moot Court Board. She has received numerous academic awards and is the Co-Founder and President of the Democratic Law Students Association and a past member of the Executive Board of the Miami Law Women Association.

Justin Shapiro, Carol Finklehoffe, Ira Leesfield, Kayla Pragid, and Patricia Kennedy (Left to Right)

Kayla has demonstrated a commitment to volunteerism, dedicating her time as a Writing Dean’s Fellow at the University of Miami, where she assists students with their writing skills. Additionally, she volunteers regularly at the Health and Elder Law Clinic, which provides free legal aid to indigent clients in the Miami area. There, her efforts are largely focused on assisting with guardianship issues and other legal matters on behalf of Miami’s Haitian community.

Kayla received a bachelor’s degree from Boston University. Having coped with both of her parents battling cancer Kayla is also passionately involved with the American Cancer Society and the Susan G. Komen Breast Cancer Foundation.

“Kayla was selected for this scholarship based on her exemplary academic performance and a demonstrated interest in helping improve the lives of those around her,” said Patricia Kennedy, a shareholder with Leesfield & Partners who oversaw the scholarship selection process. Read more about Kayla Pragis here.

FAWL is a professional organization dedicated to promoting the advancement of women in the legal profession. Its membership is comprised of lawyers, judges, and professionals within the business community. This year marks Leesfield & Partner’s 16th consecutive year of participation.
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