Articles Tagged with Carlos Macias

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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.

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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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