Wrongful Death

December 26, 2016

Family Awarded $26M for Teen’s Wrongful Death on Tour Bus

It was supposed to be one of those memorable nights you look back on fondly with friends years later. Instead, it was the last night of Mason Zisette’s life. The 16-year-old was killed while on a double-decker, open air tour bus in California in the summer of 2014. He was aboard celebrating the 16th birthday of a female friend. As the bus passed under a pedestrian bridge, Zisette stood up. His head struck the bridge. At first, it seemed only like a small bump on his head. But he lost conscious almost immediately. He never woke up. He suffered a traumatic brain injury from which he ultimately died.

Now, following a jury trial that named the girl’s parents, the tour bus company and the driver, his parents have been awarded $26 million in damages. It’s believed to be the largest amount ever awarded in California for the wrongful death of a minor. The bus company was assigned 70 percent of the blame. The girl’s parents shouldered 25 percent of the blame. Zisette, meanwhile, was just 5 percent negligent for his own death.

His parents say the money is not going to bring their son back. However, they intend to use it to help press for legislation that will help change the laws and improve bus safety, which the parents say his sorely lacking. They don’t want another child to suffer the same kind of wrongful death as their beloved son, whom they called “exuberant” and “full of joy.” Continue reading

November 29, 2016

Report: Truck Accident Risk Rises With $740 Billion Backlog of Road, Bridge Repairs

By Ansara Law Personal Injury Attorneys

There are approximately 4,000 large truck and bus crashes annually in the U.S., with most resulting in at least one serious injury or death. These vehicles are prevalent on our nation’s highways, where they cause significant wear-and-tear on the roads. Poor road conditions contribute to about half of all fatal crashes in the U.S., according to a study by the Transportation Construction Coalition, making it a more significant contributing factor than drunk driving, speeding or failure to wear seat belts.

All this makes the latest report from TRIP all the more troubling. TRIP is a national research group based in D.C. The latest study opines a $740 billion backlog in infrastructure spending in order fr our nation’s roads, bridges and highways to be safe. Researchers further noted that the deterioration of roads is going to happen even faster as the rate of vehicle travel continues pick up and local and state governments find themselves coming up short to fully fund needed maintenance and repairs.

The shortfall was tallied by an analysis of data complied by the American Association of State Highway and Transportation Officials (AASHTO), as well as state and federal bridge and road condition information. Continue reading

November 17, 2016

U.S. Supreme Court Declines Review of Florida Workers’ Comp. Ruling

By Ansara Law Personal Injury Attorneys

The U.S. Supreme Court has refused a review of a Florida case that challenge the state’s entire workers’ compensation system. That means the lower court’s ruling in Stahl v. Hialeah Hospital will stand.

The ruling was not wholly unexpected. Stahl was essentially an indictment of the entire workers’ compensation system in Florida. The case stems back to 2003, when plaintiff began working as a nurse at a mid-sized hospital and he suffered a work-related back injury. This occurred just a few months after state legislators had enacted a series of changes to the state’s workers’ compensation program. Two years after his injury, his physician determined that he had reached maximum medical improvement. Unfortunately, that rating – and his injury – was essentially career-ending because, being unable to lift above a certain weight, he could no longer be a nurse. He was then awarded just 12 weeks of impairment benefit income and $5,472 – for an injury that permanently locked him out of his field. Later, the workers’ compensation board determined plaintiff didn’t meet the definition for permanent total disability and his claim for those benefits were denied.

What he argued in his case was that this award of just $5,472 was not adequate for the injury he sustained. Therefore, it could not be the exclusive remedy plaintiff had as recourse. Florida, like so many other states, recognizes an exclusive remedy provision that prohibits injured workers from suing their employer for negligence in exchange for a system of no-fault benefits. However, those benefits are supposed to fairly compensate workers for their losses. It was supposed to be part of a “grand bargain,” but as workers’ compensation protections are being steadily whittled away, it’s more of a bargain for companies and more of a raw deal for workers. Continue reading

November 7, 2016

Florida BUI Laws Come Under Scrutiny

By Ansara Law Personal Injury Attorneys

It was late September when Miami Marlins’ star pitcher Jose Fernandez and two friends were killed in a boat crash off Miami Beach. Now, the latest report from the Miami-Dade County Medical Examiner’s Office is that Fernandez was legally drunk with a blood-alcohol concentration of 0.147, and he also had cocaine in his system. However, authorities have not yet been able to determine who exactly was driving the boat at the time it crashed into a rocky jetty around 3:15 a.m. The two others who died had blood-alcohol levels that were below the legal limit. Fernandez was the owner of the boat.

Last year, according to the Florida Fish & Wildlife Conservation Commission (FWC) there were 737 reported boating accidents, resulting in 55 deaths and 438 injuries. Miami-Dade County had the highest number of accidents and injuries (96 total accidents and 74 injuries and 3 fatalities), while May was the month with the most accidents overall (92). Alcohol or drug use was reported to have played a role in 19 percent of all fatal Florida boating accidents.

A pair of bills proposed during the 2015 state legislative session would have aligned BUI (boating under the influence) with those of DUI (driving under the influence). As it now stands, both first- and second-time offenders of both crimes face the same amount in fines and jail time. However, DUI repercussions are lot more severe than those received for BUI. For example, BUI does not affect a person’s driving record. What’s more, BUI convictions are not considered to be “prior convictions” in future DUI cases. Additionally, BUI convictions aren’t reported to the Florida Department of Highway Safety and Motor Vehicles. To treat these two offenses the same, said state Rep. Gayle Harrell, sponsor of one measure, “just made a lot of sense.” Continue reading

November 3, 2016

Tour Bus Crash Kills 13, Injures Dozens More

By Ansara Law Personal Injury Attorneys

A horrific, pre-dawn bus crash involving a tour bus full of sleeping passengers on their way back from Los Angeles resulted in 13 deaths and dozens of injuries.

Officials told The Washington Post that the bus collided with a tractor-trailer truck that was traveling on the interstate going approximately 5 mph. The bus, which was going much, much faster, slammed into the rear of the truck with such force that the entire front of the bus became enmeshed in the trailer of the truck – a full 15 feet into the back of the rig. Authorities report a total of 13 people were killed and another 31 were seriously injured and taken to area hospitals – all adults with injuries ranging from minor to critical. Of those 13 who lost their lives, 10 were women. One of the three men killed was the driver of the bus.

Now, The Los Angeles Times reports so far two of those families have filed wrongful death lawsuits against the bus company that was chartered to bring them safely home from an L.A. casino. Plaintiffs allege the bus company, USA Holiday, and the driver personally failed to:

Travel at a safe speed;
Brake to avoid a crash;
Properly maintain the bus.

October 28, 2016

$8M Verdict Awarded for Wrongful Death of Disabled Group Home Resident

By Ansara Law Personal Injury Attorneys

Families of loved ones who suffer from disabilities face many difficult decisions regarding their care throughout their lives. If they are unable to live on their own unassisted and can’t be cared for by a relative, arrangements must be made for them to reside in a setting that can best fit their daily needs. In many cases, that is a group home. However, as our injury lawyers have seen in cases past, these centers may not be fully equipped or their staffers properly trained in providing the best care and services.

Recently in Oklahoma, the operator of a group home was found mostly to blame for the wrongful death an adult resident who died of pneumonia in the spring of 2014, shortly after he was relocated to the home. The relocation occurred because the Oklahoma Department of Human Services voted to close his previous residence rather than investing in building repairs. That meant families were forced to find other suitable arrangements, and many worried there weren’t enough facilities in the area equipped to safely care for individuals with such needs. Attorneys for decedent’s estate argued soon after his arrival at defendant’s facility, he was not properly fed, medicated or supervised.

A lawsuit had been filed against the state, alleging 18 former patients of the first group home died suddenly after being forced to leave and find other sources of full-time care. A jury found the state wasn’t negligent. However, the same can’t be said of the administrators who ran the group home or even the doctors and nurses who provided his care. Continue reading

October 23, 2016

$7M Motorcycle Accident Lawsuit Filed by Widow Against Driver, Car Owner, Bar

By Ansara Law Personal Injury Attorneys

The widow of a man killed in a motorcycle accident earlier this year has filed a wrongful death lawsuit against three defendants: The driver of the vehicle, the owner of the vehicle and the bar that served the driver alcohol prior to the crash.

The Times Free Press reports that the fatal accident, which happened in Tennessee in May, occurred when a 33-year-old reportedly left a local nightclub behind the wheel of a friend’s BMW. He reportedly had just been in an argument with his girlfriend when he pulled out into traffic from the parking lot and immediately struck an Ironhorse motorcycle driven by decedent. The 60-year-old rider, who hours earlier had attended his daughter’s high school graduation, was pronounced dead at the scene by first responders. Henry Cofrancesco, the driver of that car. refused to undergo field sobriety tests at the scene, but police obtained a warrant to conduct a non-consensual blood draw. He was arrested four months later on charges of vehicular homicide, DUI, cocaine possession and leaving the scene of an accident/ failure to render aid.

Now, decedent’s widow and child are seeking damages for wrongful death and loss of consortium. The lawsuit alleges staffers at the nightclub knew or should have known how drunk Cofrancesco was and failed to stop serving him and/ or stop him from driving. The owner of the vehicle is accused of negligent entrustment for allowing Cofrancesco to drive the vehicle, despite his state of impairment. Continue reading

October 16, 2016

Vasquez v. American Cas. Co. – Workers’ Compensation and UIM Benefits

By Ansara Law Personal Injury Attorneys

If a worker is struck by an under-insured driver while on-the-job, it can result in a unique situation for compensation. As you probably know, most injuries that arise out of the course and scope of employment are going to be covered by workers’ compensation benefits. However, it can get a bit thorny if you settle with your workers’ compensation carrier based on the assumption you’ll still collect uninsured/ underinsured motorist benefits.

Florida statute gives auto insurers the right to set off its obligation not just by what workers’ compensation actually paid, but by the full amount you were entitled to receive. This is spelled out in Fla. Stat. § 627.727. That’s why it’s so important to have an experienced injury attorney in Fort Lauderdale overseeing your case. You don’t want to undercut your rights with UM/UIM coverage by settling too soon.

There could be other considerations as well. Recently, the New Mexico Supreme Court was asked to resolve an issue from a federal district court concerning state law as it pertained to the UIM benefits a deceased worker’s family was entitled to collect after already receiving workers’ compensation death benefits. The case was Vasquez v. American Cas. Co. of Reading. Continue reading

October 2, 2016

Truck Accident Victim’s Daughters Win $35M Wrongful Death Verdict

By Ansara Law Personal Injury Attorneys

It’s estimated there are approximately 15.5 million large trucks operating in the U.S., including about 2 million tractor-trailers. There are more than 1 million trucking companies and an estimated 3.5 million truck drivers. There is ample opportunity for something to go wrong, and that’s a serious problem when we’re talking about such massive vehicles sharing the roadway with smaller, vulnerable passenger vehicles.

One of those who was unfortunate enough to cross paths with a negligent truck driver was 42-year-old Velma Dismukes. She was a single mother of three girls, ranging in age from 15 to 26. She was employed as a hospice nurse in Texas and she set out one February morning in 2015 to check in on a patient at home. The roads were icy. She took it slow. Unfortunately, the semi-truck that careened into her lane was not.

According to DallasNews.com, the driver picked up the rig from the terminal that morning, set to deliver office supplies from Dallas to a smaller suburb about an hour away. He was well aware of the condition of the roads because he drove himself to the terminal. Nonetheless, he failed to install snow chains on his vehicle. This proved a deadly mistake. Continue reading

August 17, 2016

Great West Cas. Co. v. Robbins – Fatal Truck Accident Lawsuit Insurance Battle

By Ansara Law Personal Injury Attorneys

When it comes to auto insurance coverage following a motor vehicle accident, it’s important to understand that crashes involving semi-trucks are totally different from those involving passenger-style vehicles such as cars, pickup trucks or motorcycles. That’s because if you are struck by a pickup truck, it’s more likely that than not that there will be more than one commercial policy for the defendant and the trucking company.

Trucking carriers are required to carry insurance by the Federal Motor Carrier Safety Administration (FMCSA) and they don’t follow the same rules as those required for passenger vehicles. In general, policies that cover semi trucks are much larger than those that cover passenger vehicles, primarily because it’s well-established that these vehicles tend to cause far more damage when involved in an accident. Typically, you don’t want to settle a truck accident claim too quickly because it’s important to have a good idea to have a better handle on the type and scope of injuries, the necessary treatments involved and the impact it will have on one’s work and home life.

Because it’s not uncommon in these cases for victims to be dealing with more than one commercial insurance company, it’s imperative to seek the assistance of an experienced truck accident lawyer. Continue reading