Articles Tagged with “Thomas Scolaro”

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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.

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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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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 830 Brickell Plaza, home of the future second tallest building in Miami (57 floors and 724 feet tall), a horrific incident occurred at the construction site. Reports relay that six construction workers were injured when a crane carrying a heavy load of rebar malfunctioned and crash to the ground. The steel bars were being transferred from a flatbed of an 18-wheel truck when the crane gave way. This resulted in several worked becoming trapped under the rubble, and at least two of them were impaled by the steel bars.

830-Brickell-Plaza-300x142For every construction site incident, OSHA is in charge of the official investigation and will have “final say” in determining the causes or contributing factors. In parallel, every single company working at the side will also launch their own private investigation, which undoubtedly will point to additional or different results. Such is the reality of construction cases when you have layer upon layer of different subcontractors.

Ultimately, we will all come to an understanding as to what happened and how it happened. Incredibly however, within hours of the incident, Miami Fire Rescue Lt. Pete Sanchez declared that “something malfunctioned and it came loose”. While we all understand this statement is hardly buttressed by any physical evidence, it is solely based on second- or third-hand knowledge, likely to have come from a company statement, either the general contractor, or the subcontractor who employs the crane operator. It is important to stress upon the reader that construction site incidents take years to fully investigate and that rushing to make an out-of-bounds statement, when the dust has not even settled, is irresponsible at best.

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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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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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zachary-jacksonIt has now been two months since the horrific death of 9-month old Zachary Jackson.  In the afternoon of July 17, 2018, Zachary was found unresponsive inside the home of Joseph and Debbie Dodd.  Earlier that day, Zachary’s mom had dropped her infant at the Dodd Family Daycare, in Clermont, Florida.  That was the last time she saw him alive.  At 4:22 p.m., when Zachary was discovered, he was in a car seat, blue, and unresponsive.

Today, the Lake County Sheriff’s Office continues to investigate what happened inside the home that caused Zachary’s death.  The owners of the daycare were also interviewed by DCF investigators immediately after this happened.  The Dodds said that earlier in the day Zachary tried to climb out of his playpen and fell, however their story did not match Zachary’s injuries.

Attorney Thomas Scolaro spoke exclusively with Amanda Castro of ClickOrlando.com about this situation and released the following statement on behalf of the family:

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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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