Articles Tagged with Adam Rose

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Last week, the driver of a scooter was fatally injured in an incident with a UPS driver in Miami Beach. The reports at the time have collectively made a point to say that the operator of the scooter was not wearing a helmet, almost impuning them. Florida drivers know full-well that helmets are not required to operate a motorcycle or a scooter/moped. Whether in the court of public opinion or court of law, not wearing a helmet is not a reason to accuse an innocent driver of wrongdoing, without knowing all facts surrounding an incident, including this latest fatal collision.

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Read Ira Leesfield and Justin Shapiro’s article published in Trial on ways to approach litigation involving e-scooters and sharing services.

Let us be very clear. In general, when a scooter operator -not wearing a helmet- is thrashed by another vehicle, the focus is not and never should be on the helmet. The one and only cause for the incident in that scenario is the negligent, often reckless driver of the at-fault vehicle, who expressed utter disregard for other motorists on the road. Defense attorneys attempt to take the focus away from the main thing, which is their client’s negligence. The strategy is to appeal to the general population’s biases against motorcycles, scooters and mopeds in general, which makes us look for a reason to blame the victim. For the past 45 years, Leesfield Scolaro has litigated countless cases while representing families whose spouse, child or parent was killed by another vehicle, including commercial trucks.

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Everyday 1,000 people go to emergency rooms across the country to treat for dog bite injuries, and approximately 15,000 people need to be hospitalized with life-threatening injuries every year. Florida has a 40% dog ownership rate, and many owners have more than one dog. Consequently, it is not uncommon for guests, bystanders, neighbors and relatives to be bitten while visiting the home of a dog owner. When injured, where can the victim turn to? What about insurance exclusions?

Below are five different scenarios – five cases handled by Leesfield Scolaro – which resulted in the victims receiving compensation despite low odds of recovery.

Florida Law

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Partner Justin Shapiro has recently represented a family whose minor son (JD) was ran over by a distracted motorist as he was about to board a school bus. After a arduous legal battle, the family ultimately prevailed and settled against the at-fault driver and the school district for the school bus driver’s negligence.

Like every weekday, JD reported to the designated gathering area on the corner of the intersection just before 6:00 a.m. At approximately 6:10 a.m., the school bus arrived on the opposite corner of the intersection and stopped in the middle of the road. It was pitch dark outside as there were no street lights in the area. Despite the long line of buses situated “bumper-to-bumper” ahead of the bus, the driver initiated the flashing lights and signaled the children to cross the street and board the bus. There was no designated crosswalk from the gathering area to the corner where the bus stopped. Relying on the driver’s direction, JD and the other children began to cross the street.

school-bus-TOP-300x258At that time, a motorist traveling southbound in the direction of the group of children could not see the mobile traffic devices on the school bus due to the heavy traffic and numerous school buses in the northbound lane with their headlights on. Tragically and inevitably, the vehicle crashed into the child at a high rate of speed. JD was left unconscious, laying motionless on the ground. He was airlifted to the hospital, diagnosed with severe traumatic brain injuries from which he and his family will never recover.

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Once again, the team at Leesfield Scolaro has achieved important success for passengers who become ill or otherwise require evacuation from cruise ships for medical needs.

In the matter of the Estate of Jeffrey Eisenman v. Carnival Cruise Lines, former Chief Judge James Lawrence King has denied the defendant’s Motion to Dismiss and further denied defendant’s  Motion for Summary Judgment against plaintiffs’ claim for intentional infliction of emotional distress.  Jeffrey Eisenman was seriously ill while ship was docked at port.   The family purchased evacuation insurance and pleaded with the Captain and medical crew to  transport Mr. Eisenman to a location with adequate medical facilities.  The cruise line refused to evacuate and set sail for Puerto Rico, 21 hours away.   Mr. Eisenman died 14 hours later during the voyage.   His family was grief stricken.  To make matters worse, the cruise line refused to have Mr. Eiseman’s body removed from the ship, forcing family members to stay onboard with their deceased father for the entire cruise.  The Eiseman case joins five other seven figure recent results obtained by the firm for failures to provide adequate medical care or otherwise make proper arrangements to obtain appropriate medical attention.   These failures resulted in passenger deaths, and life altering conditions, which were avoidable and unnecessary.

Additional cases include:

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After settling a claim on behalf of their client whose son was fatally injured in a furniture tip-over incident at home, attorneys Thomas Scolaro and Adam Rose filed a lawsuit against the entities behind the safety standards that the furniture industry lives by. American Home Furnishings Alliance (AHFA) represents approximately 230 furniture manufacturers and distributors, and over 120 suppliers to the furniture industry worldwide. American Society for Testing and Materials (ASTM) has 30,000 members worldwide overseeing more than 12,500 product safety and technical standards. The Furniture Safety Subcommittee within ASTM oversees the furniture stability standard, F2057-19.

In 2017, Meghan DeLong retained Leesfield Scolaro to file a wrongful death lawsuit following the death of her 2-year old son, Conner, in a furniture tip-over incident. In their testing, our experts discovered that the dresser in question would tip-over 100% of the time they replicated a young child climbing atop the very piece of furniture. Inversely, the defendant manufacturer argued that the dresser’s design satisfied ASTM’s voluntary standards, including tip-over prevention standards, and that their experts’ testing results showed 0% occurrence of the dresser tipping over. How could these two findings be true?

The answer is found in the ASTM standards themselves. The voluntary standard ASTM F2057-14, Standard Safety Specification Clothing Storage Units, establishes requirements for free-standing clothing storage units, (CSU) such as dressers, chests, and armoires, in the United States, and is intended to minimize the hazards associated with tipover. In practice however, the testing methods implemented by the furniture industry and approved by ASTM F2057-14, do not take into account dozens of crucial human factors that, if taken into account, render most pieces of furniture dangerous, thus defective.

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In the recent months, Leesfield Scolaro represented a family whose 2-year-old child lost his life in a furniture tip-over incident that occurred in the toddler’s bedroom. Despite the family’s endless love, care, and attention, the tragedy could not have been avoided. Millions of people put their trust in industries to abide by safety guidelines to prevent needless incidents, and yet every single day nearly two children will have to be hospitalized from furniture incidents – and hundreds will lose be fatally injured. It was no different in our case. The manufacturer was trusted by our clients to be a safe and adequately designed piece of furniture. That dresser was even compliant with all the industry standards in effect, but when an industry self-regulates, tragedies seem to repeat themselves.

tip-over-for-fb-300x216Attorneys Thomas Scolaro and Adam Rose’s relentless pursuit for justice resulted in a $17.5 million settlement.  Since then Leesfield Scolaro started its own campaign with ‘Anchor it!’, but most importantly the family has pursued legislative change and began funding an awareness campaign nationally to prevent similar tragedies from impacting others. An arduous mission which one day, hopefully soon, will deliver on its promise. Unfortunately, parents do not have the luxury to wait for legislative change, and Leesfield Scolaro has had to litigate countless defective product cases on behalf of grieving families who have lost their most precious life.

This week, Thomas Scolaro resolved a long and difficult product liability case on behalf of clients who lost three members of their family, including two small children. Several claims against several manufacturers were litigated, experts in many different fields were retained, legal strategies were developed, weighed against the facts, and ultimately proved to be correct, resulting in an overall 8-figure confidential settlement.

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Since 1976, victims of negligent truck drivers have placed their trust in Leesfield Scolaro’s trucking attorneys to fight for them. In 2020, Attorneys Thomas Scolaro, Adam Rose and Thomas Graham have recovered a combined $5million for two clients whose lives were impacted by reckless truck drivers. The experience and determination displayed in these two cases is what separates Leesfield Scolaro, the longest-established personal injury firm in South Florida, from other firms with fewer trials under their belt.

leesfield-trucking-practice-1024x646Our history with trucking cases dates back to five decades ago when Ira H. Leesfield, founding partner, settled a $5.3 million case on behalf of a young woman who was catastrophically injured by a distracted Winn-Dixie truck driver. At the time, this was the largest settlement ever obtained in South Florida and the creative lawyering was the central feature in the Miami News. That settlement today (with inflation) would equate to around $13,000,000. Our past trucking cases include a $8,650,000 settlement on behalf of teenagers, $3,000,000 settlement in Orange County, $1,000,000 above the policy limits on behalf of an injured truck driver, $7,995,467 arbitration award, $5,350,000 settlement obtained on behalf of a bicyclist in Key West.

Since the 1980s, our trucking accident practice has grown exponentially. In 1983, Ira H. Leesfield, in coordination with the Association of Trial Lawyers of America National College of Advocacy, started a workshop for fellow attorneys on the topic of “Motor Vehicle Litigation” which included in large part how to litigate trucking cases in the face of life-altering damages. Over the years, with an immaculate track record, out-of-state attorneys referred their Florida-based trucking cases to our firm. Today, with well-over $300 million recovered on behalf of clients injured on the road – not just trucking accident victims – our clients know that our vigorous our aggressive representation will produce the best results, leaving zero dollar on the table.

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Leesfield Scolaro’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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004-TextingLawA new study revealed that 92% of motorists use their phone while operating their vehicle.  That reality must sink in.  Whether you are in traffic, stopped at a red light, making 60mph on the highway, a pedestrian walking across an intersection, a bicyclist on a Sunday morning run, or in an Uber, understand that you are simply 100% at risk of injury.  More and more, motorists see being in a moving car as being in a moving elevator: an opportunity to check emails, respond to texts, send a snap, read a story on Facebook, take a selfie to post on Instagram.  The obvious difference is one is potentially deadly.  This reality will remain true until we all operate self-driving vehicles.

For the last time, Floridians are undeniably on notice: Florida is the second-worst state for distracted driving.  The Department of Highway Safety and Motor Vehicles’ statistics show that a distracted driving-related accident will occur every 10-12 minutes in Florida.  That adds up to almost 50,000 crashes involving distracted-driving, and the consequences are life-altering, causing 3,500 catastrophic injuries and 233 deaths in 2016.

Just a few days ago, Ira H. Leesfield and Adam Rose published an op-ed titled “Texting while driving is nothing to ‘LOL’ about” in the Daily Business Review stressing the urgency of public officials to act before more lives are lost and affected by this behavioral epidemic.

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