"Ira Leesfield"

Published on: February 10, 2014

Ira Leesfield recognized amidst the release of George Clooney’s The Monuments Men

Appointed by President Clinton to investigate and track down looted Holocaust art and cultural treasures stolen during World War II across Europe, Ira Leesfield was recently recognized by the Miami Herald for the role he played in the U.S. Presidential Advisory Commission on Holocaust Assets from 1998 to 2000.

The release of George Clooney’s latest movie, The Monuments Men, has led many men and women to being honored at various Washington institutions that played major roles in the protection, investigation, and in several cases, rescue of European treasures during and after World War Two.

The Commission made several significant findings, some of which are below:

Published on: July 5, 2013

Health of teenagers injured in Panama City parasailing accident improving amidst questions about potential Parasail operator’s negligence

By Leesfield & Partners

According to the latest reports, both teenagers’ health are slowly improving and their respective doctors are expecting both girls to recover from their traumatic injuries. The family of Sidney Renea Good and Alexis Fairchild, 17-year-old girls from Huntington and Roanoke, Indiana, have shared that their daughters have both suffered head trauma and severe lacerations. However they are both communicating with their doctors and close family members with small hand gestures.

Earlier this week, Sidney and Alexis purchased a parasail ride with Aquatic Adventures in Panama City. While both girls were up in the air, the weather deteriorated and strong winds rolled onto the the shore. The rope of the parasail snapped and both girls, who were riding in tandem, were catapulted onto a condominium near the shore, before hitting a power line or a utility pole. They crashed seconds later on top of an SUV in a nearby parking lot. Both girls were breathing at the scene, but one of them was knocked unconscious.

The statement released by the family of the two girls reads as follows: “Alexis has severe back injuries and Sidney has neck trauma. However, we are fortunately seeing some positive signs from both Sidney and Alexis. Sidney has been responsive to caregivers and has been able to use small movements to communicate including a thumbs up for her parents. Alexis had surgery (Wednesday) on her spine and has also been responsive including a small wave at her parents when she returned from surgery. Our families are incredibly touched by all the support we’ve received from friends at home and from many people we haven’t met before who are praying for our girls. While the situation is still critical we are encouraged by these very small signs of progress. We have heard from so many generous people who have offered to help and we are working to establish a fund for the medical care of both Sidney and Alexis. We will have more information on that to come. Thank you again to all who are thinking of and praying for our girls. Your prayers are working!”

Published on: June 10, 2013

Three people killed by carbon monoxide in North Carolina hotel room in two months

By Leesfield & Partners

Jeffrey Lee Williams and his mother Jeannie Williams were staying in hotel room 225 at the Best Western in Boone, North Carolina, this past weekend. On Saturday, the hotel staff was alerted by Jeannie’s husband that he could not reach his family and asked to go check on them. When they opened the door, first responders found the dead body of 11-year-old Jeffrey. Next to him was his mother Jeannie, who was still alive, but in a deep state of asphyxia. She was rushed to the hospital by ambulance, and as of today, Jeannie is listed in stable condition, still recovering at Watauga Medical Center.

On Monday afternoon, the Watauga County Health Department in charge with finding the cause of this incident advised that carbon monoxide was found in the hotel room where Jeffrey and his mother were staying this past weekend. Initially, the cause of death of the young boy was asphyxia, which leads to believe that something in the hotel room had caused his death.

Local news station WCNC-TV reports today that the hotel room in which the mother and son were staying was situated directly above the swimming pool of the hotel and the gas heater used to heat the water of the pool. The investigation is ongoing and further testings will be conducted in the next few days.

Published on: May 13, 2013

Florida’s ban on texting while driving – A toothless law in need of more bite!

By Leesfield & Partners

On May 2, 2013, the State of Florida approved a bill named the “Florida Ban on Texting While Driving Law”. The new law, which is to come into effect on October 1, 2013, will ban all drivers from texting and driving. We have previously reported on the new bill earlier this year in our post titled: “Florida on its way to ban texting-while-driving? How a worthless piece of legislation will keep roads unsafe”

In the better part of the last decade, the legislator has failed to come to an agreement on a law that would ban texting while driving and pass a law to finally deter and reduce the number of distracted drivers who travel through the populous and dangerous roads of Florida. Today, very little can derail this bill to become law. It only awaits a signature by Florida Governor Rick Scott, which should officially occur in the next few weeks.

texting while driving02.jpg As discussed in our previously-mentioned post, informed proponents of a ban on texting while driving have openly criticized the future law in that it does not go far enough. The main point of criticism is that the Florida legislature has voted to make any violation of the texting ban a secondary offense, or a toothless bite.

Published on: April 10, 2013

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

By Leesfield & Partners

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: January 9, 2012

Students Hospitalized for Carbon Monoxide Poisoning in New York

By Leesfield & Partners

Each year, an average of 61,000 carbon monoxide poisoning incidents occur in the United States, resulting in more than 30% of victims to be treated for carbon monoxide exposure. More importantly, an estimated 480 people die every year because of the silent killer that is carbon monoxide. (Statistics by the National Fire Protection Association can be found here)

This past weekend in New York, forty-two students residing on the Long Island, New York campus of the U.S. Merchant Marine Academy were hospitalized and treated for carbon monoxide poisoning after the gas leak was found after 9 p.m. Sunday night. When the gas leak was discovered, students and residents of the Academy’s Barry Hall were asked to evacuate the building – a total of 150 students were evacuated as a precaution without incident.

The law firm of Leesfield & Partners and our carbon monoxide attorneys are all too familiar with carbon monoxide poisoning incidents and their catastrophic effects on poisoned victims. Recently, Ira Leesfield and Thomas Scolaro represented over a dozen families who had been exposed to carbon monoxide during their stay at a Key West Resort. That incident resulted in the wrongful death of a young man and injuries to several other guests. The investigation led by the Florida Division of State Fire Marshal noted in its report that two of the boilers of the resort had not been inspected where in Florida, boilers of that size and type were required to be inspected every two years. The failure to have these boilers inspected prevented the resort from discovering clear evidence of soot accumulating on the outer part of the shroud that covers the burners, as well as soot found along the bottom wall, floor and behind the boilers.

Investigators also determined that there was a large 90-degree elbow aimed towards the east into the prevailing winds on the roof. This alteration caused a back draft down the exhausting vent preventing the proper exhaust of carbon monoxide. Therefore, as the back pressure increased in the exhaust pipe it reduced the availability of oxygen to the burners causing an incomplete combustion at the burner level. It turned what would normally be a blue flame into a yellow-orange flame causing the creation of carbon monoxide and soot/smoke. This in turn caused an excessive amount of carbon monoxide build up in the boiler room.

To further compound the problem, the carbon monoxide could not escape the boiler room due to the boarding up of the louvers on the boiler room doors, which were designed to permit proper air circulation. This prevented the complete combustion from occurring and prevented the escape of carbon monoxide. As the concentration of carbon monoxide grew in the boiler room it further prevented ambient air from entering the boiler room. During this time, the furnace continued to consume the remaining oxygen in the boiler room until it self-extinguished causing the boilers to automatically shut down.

After several months of litigation, these carbon monoxide victims entered into a confidential settlement with the resort for their injuries.

More recently, Thomas Scolaro represented students who were exposed to carbon monoxide poisoning while sleeping in a university house. The investigation led by the local Fire Department confirmed that, upon entry, readings taken in the main section of the house showed over 200 ppm of Carbon Monoxide. With such elevated and dangerous readings, the investigation halted to let the ventilation process continue. When it was safe to resume, the investigators found that the exhaust pipe for the gas furnace that was heating the house was not exhausting the carbon monoxide, which led to a gas build up throughout the house.

Because our law firm continues to represent victims of carbon monoxide poisoning, Leesfield & Partners became the voice of Florida victims of CO exposure. Due to the relentless efforts of former Florida Justice Association (FJA) President Ira Leesfield, Senate Bill 1822 was adopted, and became effective July 1, 2008.
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