Articles Tagged with “Leesfield Scolaro”

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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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When a Cape Coral man was left severely injured in an explosion on his outdoor patio because someone had accidentally left a gas grill turned on, his attorneys felt all signs pointed to a cleaning company that had stopped by the day before.

Plaintiffs attorneys Tom Scolaro and Justin Shapiro had a problem, though. No direct evidence actually proved that a cleaning service staff member had been negligent — meaning, technically, it could have been anyone. The premises liability lawsuit that ensued ultimately hinged on a single deposition, as Scolaro and Shapiro found one witness’s lie boxed the defendant into settling the claims for its $2 million insurance policy limit.

Scolaro-and-ShapiroShapiro and Scolaro, partners at Leesfield Scolaro in Miami, represented plaintiff James Dastra. He hired Sparkle and Shine Cleaning Service of SWFL LLC to professionally clean his house about twice a month, including his propane grill on the patio. Dastra’s complaint claimed their last visit put him in serious danger, alleging one cleaner caused highly-flammable propane to leak and build up by inadvertently leaving a burner knob switched on after cleaning it.

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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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Josh was a broken man. Devastated from an unspeakable shooting tragedy that ravaged his family he was disillusioned from having his case turned down by Florida’s most prominent negligent security firm. When his personal family attorney tried to refer Josh to that other firm, he heard things like ‘impossible’, ‘a tragedy but not a case’, ‘likely to lose’, and then he heard ‘NO’. Those sentiments were terrible blows to Josh’s already gaping open-wounds. He felt completely and utterly hopeless.

Luckily, Josh’s well-intentioned family attorney did not take ‘no’ for an answer and reached out to Tom Scolaro having heard of his tenacity and success where others have said ‘no’. Mr. Scolaro understood that this case was previously investigated and vetted and ultimately declined by this top negligent security firm. Having litigated and tried many negligent security cases, he was not going to let another law firm’s decision affect his independent analysis. Mr. Scolaro saw a family man that was hurt and grieving for his loss and promised that he would take a fresh look at everything and turn over every stone. Despite the daunting facts, bad law and a team of expert witnesses that were sure to be hired by the biggest defense firms in the country, Mr. Scolaro had a hunch. On that hunch, the Leesfield Scolaro firm took on the case, immediately filed the lawsuit and began intensive litigation which lasted over a year. Through discovery and depositions, Mr. Scolaro was able to prove that the assailant that killed his own family never should have been allowed to live on the premises in the first place. He successfully argued that the domestic nature of the crime, the cold-hard brutality and the assailant’s resolve to commit the heinous murder was ultimately irrelevant to the fact that he never should have been on the property in the first place. If he was not allowed to be on the property in the first place, he ultimately successfully proved that this incident would not have occurred.

ts-graphic-02Mr. Scolaro understood why the other firm turned down the case. It was a nearly impossible hill to climb but his passion for justice and helping people is all that he sees in front of him. The entire Leesfield Scolaro team takes a personal approach to each case they are working on. Even though we do this day in and day out, it is the client’s only case and it is their most important case. We take that to heart and pursue each case as though it is the only one we have. It is a philosophy that has served the firm and its clients well over the last five decades.

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At the beginning of 2020, a new moped-sharing company was authorized to launch in Miami. South Florida became the latest theater of operation for the Brooklyn-based company, Revel, which is already operational in five States across the country. The app-based business that launched about a year ago is in full flurry and joins the e-scooter businesses that have been allowed to operate across countries and continents for three years.

While the ability to rent a fast-moving mobility vehicle at your fingertips sounds exciting, the disregard to the public’s safety remains incredibly unchecked. As a result, there has been an incredible increase in untrained riders sharing the road with bicyclists, pedestrians, and other motorists.  Much like its predecessors, Revel offers its customers the possibility to rent and ride a moped 24/7 by simply using their free phone-app. The app requires riders to be 21 with a valid driver’s license and a credit card. The app offers free lessons to beginners and requires that all riders wear a helmet included with the scooter.

A quick review of the Help section of the company’s website describes that Revel revokes the $25,000 liability insurance if the rider does not to wear a helmet (It is legal in Florida to ride a 2-wheel vehicle without a helmet if you are over 21). In other words, if a helmet-less Revel rider hits you while crossing the street, Revel will not cover for your injuries, despite their permissible driver’s negligence. Rather, Revel tells us that the rider’s car insurance policy will step in its stead. All good now? Not quite. In Florida, a moped is always excluded from car insurance policies, which means that you were just injured by an uninsured driver. As the victim, you are now responsible for your own medical bills and there is nothing you can do about it.

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On April 5th, the Consumer Product Safety Commission (CPSC) issued a warning to consumers about the Fisher-Price Rock ‘n Play after another infant death, the tenth tragedy in less than 4 years.

The statement warns that infants aged 3 months or older, who are able to roll over while seated unrestrained in the Fisher-Price sleep, will be able to turn to their stomach or on their side and suffocate. CPSC recommends consumers to stop using the product when the infant is three months of age, or as soon as an infant exhibits rollover capabilities.

Needless to say, additional steps must be taken to reach as many consumers as possible. Many parents will continue to use the product unless Fisher-Price reaches out to or attempts to reach out to all of them.

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The E-bike Epidemic.

Like disease bearing mosquitos, E-bikes have taken over the safety and tranquility of the American modern city.  They are everywhere, left randomly on streets, sidewalks and alleys, littering our cityscape with unsightly and unusual dangers.  If you haven’t noticed, greed and stupidity have invaded your everyday life, with a strong promise to make your locomotion more dangerous, fill the emergency rooms with foreseeable hazards, and threaten the overall well-being of the public to fill the coffers of some and the thrills of others.

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Why the E-bike?  There is no good explanation!  Under the present regime, this motorized and bastardized “bike” can travel at speeds up to 30 mph.  But, travel where and driven by whom?  There is no designation or provision as to where these insects may go or land. Do they belong on the street, the sidewalk, in bike lanes, shopping centers, parking lots, malls, or just anywhere they please… Again, no rules!  Can they be driven by an 8 year-old, an 80 year-old, is there training, instruction, guidance, rules or requirements for operation?  Again, no!

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In the Spring of 2018, Leesfield Scolaro launched a new initiative to raise awareness of the dangers of furniture tipping-over on toddlers and young children.  Following the settlement of a horrific wrongful death case against a furniture manufacturer on behalf of a mother who lost her child in a tip-over tragedy, the facebook page @FurnitureTippingOver was created.  The new page provides statistics, helpful information and preventative ways parents can use to make their children’s environment safer.

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Launched this week, the new campaign “Protect Children – Anchor it!” reminds us all that every 17 minutes, a child is injured in a tip-over incident at home.

Help us in raising awareness by reposting and by demanding that furniture manufacturers join us in making our homes safer.

 

 

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On October 15, 2018, the Florida Supreme Court issued its Opinion in DeLisle v. Crane Co., and held that the Florida Legislature exceeded its authority when it adopted Daubert by codifying it into Florida Law under chapter 2013-107, Section 1:

“With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts.”

In reaching this decision, the High Court reiterated the long-established arrangement between the branches of Government to avoid constitutional questions of separation of powers.

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