Articles Tagged with “Leesfield Scolaro”

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TIM-SHORTT-FLORIDA-TODAY

Photographer: Tim Shortt
Media: Florida Today

Last week, two out of four boaters were killed after their airboat flipped in the air while traveling up the St. Johns River in Melbourne, Florida. Eyewitness and fellow airboater Timothy Young told USA Today the airboat “was going kind of fast” and the “back half of the boat was sitting kind of low” before the incident occurred, suggesting operator error may not be the sole cause for the tragedy.

Like in any boating incident, the Florida Fish and Wildlife Conservation Commission (FFWCC) is in charge of the investigation and finding out whether the driver was negligent or whether the incident was precipitated by some sort of maintenance issue or mechanical failure.

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https://www.floridainjurylawyer-blawg.com/wp-content/uploads/sites/257/2017/11/medical-appointment-doctor-healthcare-40568.jpeg-300x200.jpgTurned down by other law firms, a young widow whose husband had been abhorrently ignored by ER doctors at a Florida Hospital turned to Leesfield Scolaro for help. Ten months later, Partner Thomas Scolaro and Attorney Mason Kerns were able to secure a multi-million dollar settlement during the claim’s pre-suit period, for the loss of her husband and for her young son’s loss of his father.

Earlier this year, Scolaro and Kerns reached another multi-million dollar settlement on behalf of an adolescent girl whose doctor failed to recognize that his patient had sustained a stroke. The doctor’s unbelievable failure to diagnose caused delay in administering known effective treatment. Due to this physician’s negligence, our 17-year-old client was left with permanent cerebral sequelae which have drastically altered the quality of the remainder of her life.

These catastrophic medical malpractice cases were the main target of previous Administrations who actively sought (and succeeded to) limit the recovery of medical malpractice victims through arbitrary and unconstitutional laws. Indeed, since 2003, Justice for medical malpractice victims has been very hard to obtain due to insurance company-friendly laws. Governor Jeb Bush at the time forced the passage of statutory caps for plaintiffs who had been victims of medical malpractice, limiting the monetary compensation they rightfully deserved. The preeminent argument was that malpractice insurance premiums for Florida doctors were skyrocketing and causing good doctors to flee the state as a consequence.

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This week, Partner Justin Shapiro won a $36.6 million verdict on behalf of the parents of a skateboarder struck and killed by a distracted driver. That skateboard verdict follows a very recent jet ski settlement in Key West by Thomas Scolaro and Justin Shapiro in the amount of $2.88 million. “In the last decade, recreational injuries from all sources have skyrocketed, in spite of our law firm’s attempts urging remedial and protective legislation” says, Ira Leesfield, founding partner.

Leesfield Scolaro’s long-term interest in protecting the public from dangerous and unregulated recreational activities began over 25 years ago when Ira Leesfield took on the motorcycle and ATV industries, rounding up over $100 million in settlements and verdicts including a $19.8 million verdict against American Honda in Erie, Pennsylvania. The motorcycle sidestand defect has long been remedied. “3-wheeler ATV’s” have been totally replaced by the more stable 4-wheeler.

However, new activities and enticements have sprung up, including exotic water sports such as jet ski, parasailing, zip-lining, scuba diving, boating collisions, and an entire resort industry promoting “fun” while disregarding safety.

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Since 2014, Leesfield Scolaro has represented multiple victims of accidental gun discharge, including by “drop fire” where a loaded firearm discharges upon impact with the floor without the trigger ever being pulled.

The increase in accidental gun discharge cases has gone hand-in-hand with the increase in gun sales in the United States – and the numbers are telling. Between 2006 and 2016, the number of firearms processed by the National Firearms Act Branch (NFA) which maintains the National Firearms Registration and Transfer Record has skyrocketed. In 2006, the NFA processed 296,127 firearms. In 2016, that number jumped by 850% with 2,538,397 processed firearms.

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Why has this unprecedented increase in gun sales resulted in the explosion of accidental gun discharge cases in last decade?

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Ira Leesfield, founder and managing partner of Leesfield Scolaro, P.A., was recently reappointed by Florida Senators Bill Nelson and Marco Rubio to serve on the Federal Judicial Nominating Commission (JNC) representing the Southern District Conference for the duration of the 115thCongressional term.

The JNC performs a critical public service in helping to identify the most qualified candidates to serve as U.S. District Court Judges in Florida. The JNC’s recommendations guide which prospective nominees will be forwarded to the White House for the President’s consideration.

As a member of the JNC, Mr. Leesfield will play an active role in this thorough review process.

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Boating season is upon us, kicked off during Memorial Day weekend only days away.  During the last weekend of Spring, South Florida will once again become the boating capital of the world for many weeks to come, and each year around this time Ira H. Leesfield, renews its boating safety warnings to the public and businesses who partake in recreational boating.

Focusing on boat tours, South Florida offers a wide range of attractions that entertain countless visitors and locals alike.  Zipping through the Star Islands aboard a speedboat, gliding on an Airboat in the Everglades, renting a mini catamaran off Key Biscayne, touring the Florida Keys on a jet-ski, paddle-boarding with friends off the Bay, parasailing along North Miami Beach, kitesurfing or windsailing along Coral Gables and Coconut Grove, these are just a few available attractions where visitors rely on the experience, training, and competence of tour operators for their ultimate safety.

Unfortunately, there is no avoiding boat accidents at this time of year, yet, incomprehensibly, none of these accidents should ever occur.  Whether a boat tour operator drives its vessel too fast, in a careless manner, causing injuries or death to its passengers, or whether a boat capsizes due to the overloading of passengers, or even whether two vessels collide due to alcohol consumption or lack of training, every single boat accident is avoidable.

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Steady growth and continued client satisfaction marks the 40th anniversary of Leesfield Scolaro, P.A., as our statewide practice expands.  This year, trial lawyers Mason Kerns and Adam T. Rose joined the Leesfield Scolaro team.

2-panel-Texas-mailer_Final-1_resize-236x300 2-panel-Texas-mailer_Final-2_resize-236x300The firm continues to serve the State of Florida as our offices from Key West and Central Florida attract local and out-of-state business.    A recent influx of clients and cases from the great state of Texas has allowed our firm to serve longtime co-counsel and friends with high value recent results.   See “Texas Cases from Texas Places” (right).  Texas visitors combined with clients and referrals from 26 other U.S. states, Canada, United Kingdom and around the world, have reinforced the firm’s cases from other places.

We have been fortunate to bring about outstanding results for clients nationwide and around the world, including:

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Time RunningGenerally, Continuances favor the Defendant—Not You.  As a plaintiff, you are not compensated until settlement or trial.  Meanwhile, your bills are adding up, your future remains uncertain, and the phrase “the wheels of justice turn slowly…” is not exactly soothing.

Why, then, is your lawyer agreeing to the defendant’s motion to continue the trial to a future date?  It should be noted that there are valid reasons for a plaintiff to agree to, or ask for, a continuance. Issues and exigencies are part of litigation. And you don’t want your attorney to be forced to try your case with inadequate preparation.
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The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate cases based on their clients’ impressions without broadening their imagination and looking at the entire picture.

Our firm was recently contacted by a mother in reference to a potential medical malpractice case for her 12-year-old son. Our client’s concern was that her son underwent surgery to repair his fractured femur (thigh bone) with metal rods, and the metal rods ultimately broke free from the bone, requiring a painful second surgery. Our client thought this complication occurred because the first surgery was done negligently. Our firm investigated and concluded that the complication was likely an inherent risk of surgery rather than negligence.

Untitled-2.jpgFor many lawyers, the evaluation would have ended there. However, our firm inquired further and asked how the boy’s leg was fractured. Our client believed that was a dead end. She explained that the injury occurred when a 13-year-old girl accidentally fell on him at the girl’s house. As we learned more, it was discovered that the girl, who was much larger than the boy, had been physically harassing him for several days with unwanted horseplay. The girl’s father, who was supposed to be supervising them, knew of this abuse and failed to prevent it or separate the children. Our firm made a claim against the father’s homeowner’s insurance policy under a Negligent Supervision theory. Within just days of receiving our lawsuit, the insurance carrier offered their full policy limits of $300,000, to compensate our client’s son.

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This past weekend, Alexis Musumeci (24) and her sister Brittany Musumeci (23) were killed when the vehicle they were in was crashed head-on by a vehicle driven by Admerson Cleber Eugenio Vicente (23).

sisters.jpgThere is no sense in explaining away why this incident occurred. It should never have happened. Last March, Vicente had his driver’s license revoked for 5 years for multiple traffic violations which included operating a motor vehicle on a suspended license and without insurance. Vicente’s license had been suspended after he was arrested and convicted for driving under the influence (twice over the legal limit)

Obviously, despite his serious run-ins with the criminal justice system, Vicente was again behind the wheel of a vehicle last Saturday, inexplicably driving on the wrong side of I-95, when he collided head-on with Alexis and Brittany’s vehicle.

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