Wrongful Death

He died doing what he loved. A heart transplant technician, who worked for the Mayo Clinic in Jacksonville, joined a cardiologist and a helicopter pilot on the morning of December 26 to set off to Gainesville to procure a heart that became available for transplant. Shortly after the takeoff of the Bell 206B helicopter, it crashed, killing everyone onboard. The heart recipient never received the heart. The technician’s family has filed a wrongful death lawsuit against the helicopter company for operating the helicopter in a negligent manner. A lawsuit will allow for discovery so the family and their lawyer can determine when the helicopter was last serviced. Other questions remain, such as what were the weather conditions? What about the health of the pilot? Who made the final decision to fly under foggy conditions?

The National Transportation Safety Board (NTSB) reports that the Bell helicopter dropped and hit a 50-foot tree before it crashed in a remote wooded area. The family of the pilot says he was a decorated pilot in Vietnam and flew about 200 missions of this type a year.

Our condolences go out to everyone involved here. There are no winners in this tragedy – Mayo Clinic loses a cardiac surgeon, the pilot is lost to his family, and also the heart transplant technician to his family. Let’s not forget about the person who was waiting for a viable heart to gain a chance for a healthier life.

A Jacksonville wrongful death lawyer at Farah & Farah is available to consult with you or a family member who has lost someone due to the negligence of others. The law gives the victim a right to pursue civil litigation against the wrongdoer. Ultimately, it will be up to a jury to decide if it was a reasonable decision to fly that morning and if a reasonable person would have made the same choice under the same circumstances. Farah & Farah can help you understand the reasonable standard in a complimentary consultation on your case. Call us at 1(800) 533-3555 to start the conversation.

Source: http://jacksonville.com/news/crime/2012-01-23/story/family-sues-company-whose-helicopter-crash-killed-transplant-mission

A toddler was tragically killed by a family member when he was run over by a pickup truck driven by a family member New Year’s Eve day. News 4 Jax.com reports the three-year-old boy’s aunt was attending a two-day family event at Pomona Park in Putnam County where they were involved in a mud bogging event which is where people drive ATV’s off-road.

According to a Florida Highway Patrol (FHP) report, the little boy was playing in the dirt behind the truck with a toy truck when his aunt backed a pickup into the boy. Family members rushed him to Putnam Community Hospital, but he later passed away. The FHP says charges will be filed against the aunt.

Our condolences go out to all of the family members and friends of this young boy for their tragic loss.

Keep Kids Safe Around Cars

The nonprofit group Kids and Cars.org is working to keep kids safe both in and around motor vehicles. According to the group, in 2010 there were 1,362 children involved in accidents with cars that did not involve a traffic accident. Among those children, there were 239 fatalities. California, Texas, and Florida led the nation in U.S. child non-traffic fatalities with 184 fatalities in Florida alone between 1990 and 2010.

Large Vehicle Dangers and Children

The problem is partially due to the fact that cars are getting larger, thus creating a larger blind spot. That’s one reason newer vehicles now come equipped with rear cameras. A little one has no idea a car represents danger, and Kids and Cars reports that in the U.S. at least 50 children are backed over by a driver every week resulting in two fatalities. These usually involve a larger vehicle such as an SUV, a van, or a truck. The average age of the child victim is one to two, and what’s most tragic is that in the majority of these cases, the person behind the wheel is a close relative.

If you have lost a loved one in an accident that you believe was caused by the negligence of another party, the wrongful death lawyers in Florida of Farah & Farah can help you receive compensation for things such as funeral expenses. To see how our law team can help you during this difficult time, call (800) 670-8815.

Source: http://www.news4jax.com/news/Accident-at-family-gathering-kills-3-year-old/-/475880/7425884/-/aegm8oz/-/index.html; http://jacksonville.com/news/crime/2012-01-02/story/fhp-releases-more-details-putnam-toddlers-death-after-relative-backed

A sad story to report from Lake County, Florida where a ten-year-old boy was hit by a car and killed as he stood on the side of the road as his father had instructed him to do. He and his father were on County Road 44A near West Elderado Drive in Eustis around 8:30 p.m. Saturday, September 24. They collided with a downed tree at a curve in the road. The father told him to wait on the shoulder but tragically when another vehicle came around the curve and tried to avoid hitting the same downed tree, it swerved and instead struck the young boy. Troopers say the second car was driven by a 73-year-old man from Mount Dora who will likely not face any charges.

Rural Roads and Rain
The rural stretch of road was dark, reports the Orlando Sentinel, and thunderstorms had just passed through the area leaving the pavement wet and slick. His father knew they would have to move their vehicle after it hit the tree and instructed his son to stand off on the opposite side of the road away from where their truck was stopped so he could call a friend. Unfortunately, the man who came around the corner veered to the right where the boy was standing. He was taken to a local hospital where he died.

The boy was a ball boy for the Christian Home and Bible School’s basketball team in Mount Dora where his father is the varsity basketball coach.

Our sincere condolences go out to everyone who mourns for the loss of this child. It serves as a reminder to slow down when there are no street lights and it has been raining. You have no idea what lies ahead and with slick roads it may be difficult to stop.

Source: http://www.wftv.com/news/29295172/detail.html

One of two 15-year-old Orlando brothers who were struck by a hit-and-run driver on their way to school Wednesday, November 3, has died from his injuries sustained in the Florida car accident. The teen died at Arnold Palmer Hospital for Children after he and his brother were hit on Valencia College Lane in front of their home around 6:30 a.m., reports The Orlando Sentinel. The other brother was seriously injured and is recuperating at home.

Fortunately, a retired Orange County firefighter noticed a 2001 Grand Am in an Orlando Publix grocery store parking lot with a damaged hood, shattered windshield, and dented right fender. The front of the vehicle was smeared with blood and police have questioned a 29-year old suspect. Even though he has not been charged, law enforcement says a car part at the scene of the collision with the teens matches the Pontiac.

Our sympathies go out to the friends and family of this young man who was just beginning his life. Let’s hope his brother has a full recovery.

Liability Issues
The article reports the driver has a history of traffic and criminal convictions which include reckless driving, speeding, DUI, and resisting an officer. He was reportedly driving without a license.

Farah & Farah attorneys have an extensive background representing clients who have been injured by the irresponsible behavior of others on the road. A Florida wrongful death claim can be filed against the at-fault driver to cover the cost of a funeral, loss of companionship, and related damages. Our Florida wrongful death attorneys will also seek compensation for related medical costs for anyone who is seriously injured by a reckless driver. Our door is open to discuss your case.

The driver of a day care center van is facing negligent manslaughter charges for the wrongful death of 2 1/2-year-old Haile Brockington, who was found dead after spending six hours in the back of the Delray Beach day care vehicle last August, according to The Palm Beach Post News.

The owner of Katie’s Kids Learning lost her license to operate a child care facility over this tragic and totally preventable death.

Haile is the latest of 49 children who died this year after they were left unattended and forgotten in vehicles across the country. In 2009, 33 children lost their lives when the temperature inside the van or car caused hyperthermia or overheating and eventually death.

How can Florida fight this frightening trend? Tennessee and Wisconsin require an alarm be installed in any vehicle that is being operated by child care providers who have at least six passengers onboard. The alarm forces the caretaker to search the entire van before moving to the back of the vehicle to turn off the alarm. To prevent such a tragedy from occurring, safety experts suggest the driver put a book or purse in the back seat next to the child so he or she remembers to retrieve the little one when they get out of the car.

It sounds incredible that anyone would leave a child in the car causing a wrongful death, but it happens all the time, generally when drivers are under stress and distracted.

The Florida wrongful death attorneys at Farah & Farah are always available to offer advice during a complimentary consultation on a wrongful death or personal injury case.

A Trinity, Florida man was taken into custody by the Florida Highway Patrol Tuesday, September 21, for causing a crash that killed his wife, according to Tampa Bay Online.

Philip Billitteri, 58, had a blood alcohol level of 0.194, more than twice the limit for impairment, when he was in a Florida car accident on April 30. FHP charged him with DUI manslaughter in the crash that killed his wife, Sherry, 66.

Troopers accuse Billitteri of driving his Chrysler PT Cruiser and turning from Trinity Boulevard onto Tamarind Boulevard. He is alleged to have cut off a pickup truck which hit the right side of the cruiser. The Chrysler was sent spinning and Sherry Billitteri was partially ejected from the vehicle. She was not wearing her seat belt. She died about three hours later in Bayfront Medical Center in St. Petersburg.

Her husband was wearing his seat belt and had minor injuries. The pickup truck driver also had minor injuries.

Billitteri was taken to Land O’ Lakes Jail on Monday on charges of DUI manslaughter which is a second degree felony and can carry a 15 year prison term. He was also charged with DUI and two counts of DUI with property damage.

The Florida Highway Patrol reports that alcohol-related fatalities decreased from 1,169 in 2008 to 1,004 in 2009.
About one-third of the more than 3,000 road deaths in our state annually involved alcohol and the FHP estimates the number could be closer to 40 percent.

If you or a loved one has been involved in an accident with a motorist who was driving under the influence, you may seek compensation for medical costs, property loss, expenses, and lost wages from the at-fault party. Call an experienced Florida wrongful death accident attorney to answer your questions.

A report has been issue detailing the dangers of parasailing that led to the death of a Georgia woman on vacation in Clearwater Beach.

Alejandra White, 27, and Shaun Ladd were parasailing above the beach on Sunday, September 5, when the tether connecting their harness to a towboat broke, according to WRDW. Ladd fell into the water and White was dragged by the runaway parachute into the beach area and onto a volleyball court where she hit a post. She was hospitalized but died days later. Ladd was not injured.

White and Ladd, who were engaged, were from the Atlanta area.

Bay News 9 reports the parasailers were about 50-feet above the water when a winch attaching them let loose and they slipped to the end of the line. That’s what caused it to snap according to a preliminary report from the Fish and Wildlife Conservation Commission. Fortunately for Ladd, he was able to release himself from the line.

The U.S. Coast Guard is also investigating and has the parasail vessel and all equipment involved secured as part of its investigation.

Parasailing Accidents
The Parasail Safety Council estimates that in the U.S. over the last 10 years there have been 384 accidents which resulted in 22 deaths and 78 serious injuries.

In 2001, on Clearwater Beach, a mother and her teenage daughter were killed when the line broke in a storm and in 2007, a teenage girl died in south Florida.

That highlighted the fact that the industry falls under little regulations concerning, for example, when not to take customers out on the water. In this case, witnesses report there was a big storm filling the horizon accompanied by strong winds.

As we write this story, the head of the Parasail Safety Council, Mark McCulloh, writes, “I no longer believe that voluntary regulations are working, or will ever work.”

This is not the last we will hear about this industry and certainly not the last we will hear about this Florida wrongful death.

A family of four was killed in St. Petersburg Sunday, August 1, after an allegedly intoxicated driver sped through a red light and into their vehicle. The driver has now been taken into custody. Demetrius Jordan, 20, will be charged with four counts of DUI manslaughter and with injuring his passenger. He is also charged with underage drinking.

The Florida Highway Patrol interviewed witnesses who said that Jordan was traveling at a high rate of speed just before 1:00 a.m. when he ran a red light and his 2001 Chevrolet Impala hit the 2010 Ford Fusion being driven by Elroy McConnell, 51. Also in the Ford were McConnell’s three sons, 19-year-old Kelly McConnell, 24-year-old Nathan, and 28-year-old Elroy McConnell III, from Orlando, Miami and New Orleans. The family was vacationing in St. Petersburg and returning home from a movie. All were killed at the scene in this Florida drunk driving accident while Jordan and his passenger suffered serious injuries, according to News 4 Jax.

Suncoast Pinellas TBO.com reports that the oldest McConnell son had a small child of his own. His wife and son had joined the Pinellas County gathering.

Our sincerest condolences go out to the McConnell family and friends. The loss of this close family is almost indescribable.

Records show that Jordan was supposed to lose his license last week for failing to pay a fine after running a stop sign on June 30. WFTV finds that Jordan had seven traffic citations, with three in June alone, but was never arrested. He is being held on $90,250 bail, reports TBO.com. St. Petersburg police report Jordan admitted he had been drinking hard alcohol, a caffeinated beverage called Four Loko, and smoking marijuana before the crash. Police reported he slurred his words and had bloodshot eyes.

TBO.com reports Jordan may have been going at least 80 mph on Dr. Martin Luther King Jr. Street at 22nd Avenue North, at an intersection where the speed limit is 35 mph.

Experts who reconstruct the accident site can determine the approximate speed each vehicle is traveling depending on the degree of crumpled metal on the cars and skid marks. If you need to prove your case with the help of an accident reconstructionist, an experienced Florida wrongful death accident attorney can be your best ally in investigating your case.

Parents should be aware that there have been two recent deaths of Florida children in the dental chair after receiving “conscious sedation.” That is a semi-awake condition that the child is put into with the help of drugs or gas. According to Health News Florida, in one case, Tampa dentist R. Andrew Powless sedated Cory Moore Jr. who died February 19, 2009. The family of Moore has filed a lawsuit against Powless, who does business as Florida Special Care Dentistry.

The parents charge that Powless should have known that Moore had eaten before the procedure, which is strictly prohibited because of the dangers of aspirating your food. That is exactly what happened to the 9-year-old boy. Not only did he choke on his food but the staff delayed in recognizing that the boy was choking. Moore’s mother says she told the staff the boy had eaten before the appointment, according to the lawsuit, which also says that the staff failed to provide “appropriate instructions” to the boy’s mother.

The other death involved a 5-year-old from Cedar Key, Dylan Shane Stewart, who died in the chair of a Gainesville dentist, Ronnie Grundset about two weeks ago. He too received conscious sedation. That death is under investigation. The boy was reportedly sedated with a substance chloral hydrate, which is an older drug that is commonly used.

The American Academy of Pediatric Dentistry says that sedatives are used in children when there are a large number of cavities, the child is special needs, or they or their parents are just nervous and anxious. Pediatric Dental Health reports that conscious sedation is sometimes used when insurance companies refuse to pay for general anesthesia. It is essential that youngsters who undergo conscious sedation be monitored for any complications so they can be treated quickly and appropriately with emergency drugs and equipment.

Known complications of conscious sedation include oxygen desaturation, airway obstruction, apnea, vomiting, and cardiac arrest, among other reactions. A published study in Pediatrics in 2000 finds that inadequate skills of the resuscitator are a key to injury and death during a non-hospital conscious sedation, along with the effects of the medication on the child’s respiration. If you or a family member has suffered an adverse reaction to conscious sedation, let an experienced Florida injury attorney investigator uncover what went wrong so that you can hold the at-fault party responsible.

Most people have heard by now about the horrible and tragic accident at SeaWorld in Orlando that led to the death of a trainer. The incident took place on Wednesday, February 24, when a killer whale named Tilikum, attacked a trainer during a show at the Orlando attraction. The 40 year-old trainer was known to be experienced at her job; however, she was dragged around by the whale in front of the horrified visitors and died in front of them.

A former animal trainer who has turned into an animal advocate, says he wrote a letter to SeaWorld three years ago warning them that there would be an accident with the show mammals. “Happy animals don’t kill their trainers,” he said. Deeply intelligent and highly social, Tilikum, a 23-foot, 6-ton male, was involved in two previous fatalities.

Elsewhere in the captive mammal world, a part-time trainer was grabbed and drowned in 1991 at Sealand in British Columbia. The same whale was shipped to SeaWorld in Orlando where a naked dead man was found laying on the orca’s back. He had slipped into the facility at night and died of hypothermia.

It is indeed tragic and shocking that the SeaWorld trainer in the aforementioned accident was the third person who died at the hands of this specific killer whale. The autopsy report was released the first week of April. According to reports, the trainer suffered blunt force trauma and drowning in addition to other very severe injuries.

It would be advisable for establishments that put on similar animal shows to revaluate the condition in which their subjects are being handled to ensure that accidents like these stop now. Wrongful death incidents that could have been prevented are some of the most tragic. Our hearts and deepest sympathy go out to this woman’s family and anyone else who has lost a loved one due to an animal attack.

Source:http://www.nationalledger.com/ledgerdc/article_272631151.shtml