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It was one of the most horrific – and deadly – fires in Maine’s history. In 2014, a blaze broke out in a two-story rental unit, killing six people. Soon after, it was alleged the landlord reportedly kept the property in relatively shoddy condition with negligent repairs and poor maintenance – including lack of smoke detectors. fire2

Soon after, there was a rush to file wrongful death lawsuits (five in all) because, as is usually the case, the defendant only has a finite amount of insurance and assets that could cover such claims. But given the large number of deaths, there was a dispute over which family should be the first in line for the payout, if the landlord was indeed found liable for the deaths. (Meanwhile, the landlord faced criminal manslaughter charges.)

Recently, the Maine Supreme Judicial Court settled the issue in Estate of Summers v. Nisbet, closing a legal gap that had existed in the state up to that point.  Continue reading

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A 39-year-old woman who was reportedly drunk when she ran into a 37-year-old pregnant woman and her two children, ages and 3 and 5, on South University Road in Miramar, now faces charges of DUI manslaughter, vehicular homicide and leaving the scene of a motor vehicle accident involving death. highwayexposure

The new charges were filed after the victim’s baby, whom doctors were forced to deliver, died.

Court records show the mother had been nearly six months pregnant with the child and the baby died within just days of the May 7 car accident.  Continue reading

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One year after a tractor-trailer accident rendered him critically injured, trucker Chris Liddy – a father of three, husband and bicycling enthusiast – has died. motherandson

The Orlando Sentinel reported the sad news after a year-long fight for his life that ended recently in a hospice facility in Central Florida. He was just 40-years-old. Friends and family told reporters Liddy loved the open road, whether it was driving his tractor-trailer or bicycling across the state – a hobby he had fervently dedicated himself to in recent years.

The truck accident that caused his injuries occurred last July. According to the Florida Highway Patrol, Liddy’s truck collided with another tractor-trailer on the Turnpike in St. Lucie County one morning shortly after 5 a.m. Investigators later told WPTV NBC-5 that the two trucks were traveling southbound with the other truck a short distance ahead of Liddy. For an undetermined reason, Liddy’s semi struck the rear trailer of the other vehicle. Liddy then struck a median guardrail and jackknifed.  Continue reading

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A 31-year-old habitual traffic offender was arrested following a road rage incident caught on film in which he appears to intentionally run over two motorcyclists before fleeing the scene. tollroad

The Florida Highway Patrol reports the Land O’Lakes man had a nasty exchange with the bikers in the moments before the incident. One of the victims, a 46-year-old Navy veteran, said he feared for his life and the life of his female passenger. 

“You don’t know what’s going through his mind,” the victim told 10 News. “Is he going to put the car in reverse? Is he going to turn around? Is he going to stop and pull out a gun?” Continue reading

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A new report from the Florida Fish & Wildlife Conservation Commission (FWC) reveals a sharp increase in the number of boating accidents in Florida in 2015. boating

The 2015 Boating Accident Statistics Report reveals the Sunshine State had 737 reported boating accidents last year. That is more than 100 more than what was reported in 2014. A spokesman for the agency was quoted as saying most of these crashes and fatalities could have been prevented if operators had been paying attention and if passengers had all been wearing life vests.

Florida has the most registered vessels of anywhere in the country, with 915,713 registered as of last year.

The No. 1 type of accident was collision with another vessel. There were 191 of those, accounting for 26 percent of all boating accidents.  Continue reading

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With summer comes the parade of charter buses in and out of South Florida – whether for senior group outings or athletic competitions or family vacations. bus

These operations are overseen by the Federal Motor Carrier Safety Administration (FMCSA) which reports varying levels of adherence to federal safety laws between carriers. The agency even encourages passengers to, “Look Before You Book” to determine which might be potentially unsafe.

Yet a recent investigation by journalists at CNN revealed that even a company with a “satisfactory” rating may not abide by basic safety rules.  Continue reading

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In Florida car accident litigation, it’s not just the facts that matter. It’s the procedural details. driving

The claim has to be properly stated, served and filed. All the elements have to be there – on time – or else you risk forfeiting your right to assert damages, perhaps forever.

This was the unfortunate outcome for plaintiff in Sorenson v. Batchfelder, recently before the Wisconsin Supreme Court. Although this is an out-of-state case, the same general principles apply.  Continue reading

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A 28-year-old Uber passenger in Orlando was killed in December when the driver allegedly ran a red light and struck a deputy, speeding through the intersection.drivingsleepy

Now, the family of that victim, Corey Allicock, is suing:

  • Uber
  • The Uber Driver
  • The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash. Continue reading

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Generally, if you trip-and-fall in a landscaped area that obviously isn’t intended for foot traffic, the property owner isn’t going to be responsible to compensate you for any resulting injuries.curb1

However, as the recent case of Grimes v. Family Dollar Stores of Florida reveals, when those landscaped areas have well-worn pedestrian tracks indicating it is regularly used as a shortcut, the potentially for liability is increased.

That’s according to Florida’s Third District Court of Appeal. The court conceded there were a number of prior cases (on which defendants relied) that established property owners/ controllers aren’t responsible when pedestrians/ shoppers take a shortcut through landscaped features that aren’t designed for or used by pedestrians. (Specifically, the court relied on Wolf v. Sam’s East, Inc.) Continue reading

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Distraction plays a role in an increasingly large percentage of car accidents in Florida and across the country – fueled mostly by the proliferation of smartphones. driving6

We know those drivers may be held liable if they are distracted and cause a crash. However, an emerging legal trend involves holding accountable those with whom the driver is communicating.

Take for example the recent case Gallatin v. Gargiulo, In that case, a Pennsylvania trial court judge decided that two men who were texting with a driver before and during a fatal car accident could be held liable for resulting wrongful death claims.  Continue reading

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