Articles Posted in Personal Injury Law

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Hot Coffee movie poster“Eye-opening indictment of the way big business spins the media.” –Variety

“Stunning debut … Sends audiences out of the theater thinking in a brand new way.” –Washington Post

“Entertaining, informative … vividly illuminating.” –Hollywood Reporter

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A shooting spree left one person dead and seven injured inside a downtown Miami nightclub. Nocturnal Nightclub, in Miami’s Park West Entertainment District, has allegedly hosted “gangster parties” and has lax security, according to neighboring club owners, reported The Miami Herald. Miami police confirmed that the club had been rented by a promoter for the evening and no metal detectors were used.

The shooting occurred inside the club around 3:00am on a Sunday in a crowded second-floor room. Investigators suspected a rival confrontation sparked the shooting and not an alcohol-induced argument. The shooter had a seven-year criminal record including burglary, grand theft, forgery, petty theft, resisting arrest and assault and battery.

Shootings, stabbings and other acts of violence have routinely occurred in the Park West Entertainment District, located just south of Interstate 395 and just west of Biscayne Boulevard. Nocturnal has reportedly been more lax on security than other clubs in the area, some say due to financial troubles.

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A bill unprecedented not only in Florida but nationally has been proposed in our State.

The past state legislative session attempted to split and pack the Florida Supreme Court and remove the power of the independent judicial nominating commissions to nominate appellate judges. It would require more than a majority vote for merit retention. This is a serious threat to judicial independence in Florida.

The proposed legislation would politicize judicial selection, revoking the freedom judges currently have to decide cases fairly and impartially, relying only on the facts and the law. The new legislation would no longer protect them from the pressures that judicial independence is designed to keep at bay, including political, legislative, special interest, media, public, and financial pressures.

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In an editorial published yesterday in The St. Petersburg Times, a doctor not surprisingly endorsed the accountability of expert witnesses who could testify against her in a medical malpractice case, while also endorsing the new law that weakens accountability requirements for doctors.

This is hardly a balanced or objective argument.

Dr. Madelyn E. Butler’s assertion that the new legislation “makes Florida a friendlier place to practice medicine” is tantamount to saying it’s now easier for doctors to make major medical mistakes in Florida that injure or kill patients, and not have to answer for them.

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Safety policies and procedures at hotels and resorts are keys to the safety of both guests and employees.

A simple light bulb change in the pool area of the Stonewall Resort and Conference Center in West Virginia resulted in a debilitating foot and ankle injury for a resort-employed electrician, who fell about 20 feet onto concrete, reported the West Virginia Record. The employee claims he received an electrical shock when changing the bulb, causing the fall from an extension ladder.

As a general rule, property owners have a duty to keep their premises in a reasonably safe condition to protect against dangers of which the owner is aware, should be aware, or might reasonably foresee.

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More concerns regarding the healthcare and welfare of Florida citizens are in the spotlight with yet another reform bill passed last Thursday in the Florida Senate’s budget committee.

The Medicaid reform bill seeks to expand the role of HMOs, doctor- and hospital-based networks, and other managed-care companies, allowing them almost full control of managing the Medicaid system, in order to reduce long-term costs, reported the Miami Herald.

Scalpel.jpgThe bill also proposes to limit lawsuits against some private medical school personnel, developmental-disability group homes and nursing homes.

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Would you want to be treated by a doctor with 3 or more medical malpractice convictions?

Florida Senate Bill 1676 is aiming to allow for just that.

Citing concerns that the physician’s practice environment in Florida is hindering the attraction of doctors to practice in Florida, the bill seeks to reverse Amendment 8 (s.26, Article X) which prohibits people who have been found to have committed three or more incidents of medical malpractice from being licensed by the State of Florida to provide health care services as a medical doctor.

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A family has filed a civil lawsuit in U.S. District Court after their son died while free diving at The Homestead, a resort in Utah.

Free diver.jpgThey say the resort and its business partner, The Crater, Inc., were not in compliance with Utah law that cites safety regulations for geothermal pools at resorts, because they did not employ a lifeguard, according to The Salt Lake Tribune.

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Welcome to Florida.jpgDespite the dirty beaches, health issues, and lawsuits resulting from the Gulf oil spill last year, overall tourism increased in Florida by 2%, reports the Sarasota Herald-Tribune. The rise follows a two-year drop in visitors of nearly 4%.

Visit Florida, the state’s tourism bureau, estimates that a total of 82.6 million visitors traveled to Florida in 2010. Visitors spend $60 billion annually in Florida and generate 22% of the state’s total sales tax revenue. The tourism industry provides about one million jobs in Florida.