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Posts made in October, 2013

Will Pine Hills Shooting Lead To A Negligent Security Claim?

Posted by on Oct 15, 2013 in Negligent Security

Will Pine Hills Shooting Lead To A Negligent Security Claim?

Here in Central Florida, over the past year or more there have been rash of shootings in the commercial area on Colonial Drive (Highway 50), between Pine Hills Road and Kirkman Road.  The most recent event was the murder of two men sitting in a Porsche automobile in the parking lot of the Mandarin Plaza shopping center. Mandarin Plaza, as well as several of the other shopping plazas in the area, features at least one nightclub.  According to a story on the WFTV.com website, the owners of the nightclubs (and presumably the owners of the plazas) realize that a lot of criminal activity occurs in the parking lots outside these clubs.  Apparently, some kind of effort is made to provide security, but obviously not enough. A business owner can be held liable for damages if he or she knows (or should know) that his or her business is the site of dangerous or criminal activity and doesn’t take reasonable measures to protect guests, patrons, or visitors.  The amount or level of security must be reasonable in light of what is known about the risk of danger.  Having one security guard on duty might be reasonable when there is little risk of crime, but would likely be entirely unreasonable if the business had been the scene of multiple attacks or murders. Apparently, the victims in the Mandarin Plaza shootings had a social media and community presence that suggested that they were modern-day gangsters.  There might have been more to their killings that just a random act of violence.  In such a situation, there might not be a viable negligent security claim.  Nevertheless, many of the people shot and killed in Pine Hills in this area of Pine Hills are innocent and plainly at the wrong place at the wrong time, and deserve justice. If you have any questions regarding a potential negligent security claim, call Winter Park negligent security attorneys Kim Cullen and Robert Hemphill at...

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Parents At Kissimmee’s Mavericks Charter School Need To Ask About Teacher Sexual Abuse

Posted by on Oct 14, 2013 in Child Sexual Abuse

Parents At Kissimmee’s Mavericks Charter School Need To Ask About Teacher Sexual Abuse

Local Orlando media was ablaze yesterday with stories about Wayne Brown, a 34-year old teacher at Mavericks High School in Kissimmee who allegedly admitted to an explicit relationship with a 16-year old Mavericks student. Apparently, law enforcement was tipped-off by Mr. Brown’s wife, who found inappropriate naked photographs of the 16-year old girl on Mr. Brown’s cell phone.  Investigators told local media they believe there are other child victims. As an Orlando child sexual abuse attorney, and parent of four children, I think it would be reasonable for every parent at Mavericks to carefully question their children in order to determine whether Mr. Brown said or did anything inappropriate or provocative to them at school, or even during an extracurricular activity.  Because Mr. Brown was also identified as a minister, I would also question the youth of his church – particularly if he were involved in the youth ministry. Unfortunately, child sexual abusers are rarely one-time actors, and usually have a pattern of abuse or provocative or risky behavior. If I was a parent at Mavericks, and my child had been abused by Mr. Brown, I would want to immediately get my child into specialized sexual abuse counseling. I would then definitely want to know everything Mavericks did to screen or background check Mr. Brown, and would also want to know how much supervision was being provided to Mr. Brown in his interaction with Mavericks students.  If Mavericks did not perform an adequate background check, or was not monitoring Mr. Brown appropriately, Mavericks could be liable for the damages suffered by any sexual abuse victims of Mr. Brown. If you have any questions regarding a Florida child sexual abuse case, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  ...

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How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Posted by on Oct 7, 2013 in Motor vehicle accidents

How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Various Orlando media outlets have reported that the trailer of a semi truck carrying sand flipped over during a crash and crushed a Subaru being driven by a 36-year old Clermont woman. As an Orlando accident attorney, I thought that this accident might be a good one to use to discuss how comparative fault (also called comparative negligence) is handled in Florida car accident cases. According to the Orlando Sentinel, a young man driving a Honda Civic approached the intersection of State Road 455 and Buckhill Road from the south. At the same time, a tractor-trailer carrying sand was approaching the intersection from the east. Media reports indicate that, while in the process of veering left to try to avoid the Honda, the tractor-trailer actually impacted the Honda, causing the trailer of the semi truck to turn over right on top of a Suburu that was heading west on SR 455. The drivers of both the Subaru and the Honda were seriously injured and airlifted to Orlando Regional Medical Center. video platformvideo managementvideo solutionsvideo player It is easy to anticipate that the driver of the semi truck might try to blame the driver of the Honda for pulling past the stop bar, or for otherwise negligently entering the intersection. At the same time, both the driver of the Honda, and the driver of the Subaru will likely try to blame the truck driver for failing to keep his vehicle under control so as to avoid both collisions. In Florida, accident victims cannot collect damages that arise out of their own negligence. They can only collect the percentage of their damage attributable to someone else’s negligence. In this case, if the truck driver is found to be 50% at fault, the Honda driver suffered $100,000 in damages, the Honda driver would only be able to collect $50,000.  If the truck driver were found 25% responsible, then the Honda driver would only collect $25,000.   There are obviously other factors in play in any accident, but this is roughly how it works. It should be obvious that an extremely thorough investigation should be completed in cases where damages have been suffered but where liability might be disputed. If you have any questions involving a Florida car accident, and particularly one involving disputed liability, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of Kim ‘s book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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