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Posts made in November, 2013

Green Light At Intersection? Still A Good Idea To Pay Close Attention

Posted by on Nov 21, 2013 in Motor vehicle accidents

Green Light At Intersection?  Still A Good Idea To Pay Close Attention

I recently came across a sad story in the Orlando Sentinel about a high school teacher who tragically lost her life in a car wreck last week at a busy intersection in Winter Haven. Apparently, Shirelle Baldwin was traveling in her Toyota Camry with a student from her school.  She was traveling north on Highway 17 in Winter Haven, and was preparing to make a left turn on to westbound Highway 92. When the traffic light turned from red to green, she began moving into the intersection.  At that point, a pickup truck traveling eastbound on U.S. 92 ran a red light and crashed into the driver’s side of Ms. Baldwin’s Camry.  Ms. Baldwin was tragically killed. Our hearts go out to the Baldwin family.  The sudden loss of a family member in a car accident is obviously devastating to any family. This tragedy is an excellent example of why it is so important for drivers to keep a close lookout whenever they approach, enter, and cross through an intersection.  Even if every driver does this, it obviously won’t stop every accident from happening.  However, it might just give a driver a split-second to take some kind of evasive action that might turn a fatal collision into something a lot less severe. If you have any questions about an intersection collision or car accident anywhere in Florida, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or download a FREE copy of Kim’s book, Asleep At The Wheel:  13 Mistakes The Insurance Company Desperately Hope You’ll Make After a Florida Car Accident, by clicking...

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Meatball Choking Death Leads To Preschool Lawsuit

Posted by on Nov 5, 2013 in Uncategorized, Wrongful Death Claims

Meatball Choking Death Leads To Preschool Lawsuit

The Insurance Journal recently ran a story that I am sure going to be following into the future.  The story involves a lawsuit filed in Oregon by the parents of a 3 1/2-year-old girl who choked on a meatball during lunch at preschool.  The child experienced respiratory and cardiac arrest and died the next day.  The parents have alleged that the preschool failed to properly observe and supervise the child during lunch. Over the last couple of years, we have represented two preschool children who have suffered serious injuries to their upper extremities — one’s hand crushed by a collapsed folding table and the other losing the tip of a finger when it was caught on the hinge side of a closing door. In all three cases, injuries (and death in the Oregon case) could have been avoided if daycare staff had simply done their jobs and stayed attentive to the children they were being paid to educate and supervise.  For example, it seems reasonable to have a staff member closely monitoring children while they eat in order to make sure that none of the children choke.  In the event that a child appeared to be choking, it would seem reasonable for a staff member to be close enough (and attentive enough) to render aid.  Of course, this assumes that the preschool is being properly staffed for student/teacher ratio to begin with. Even momentary lapses in concentration can have tragic consequences when it comes to small children.  Every parent knows this.  Every worker at a preschool or daycare should know this, too. If you have any questions following an incident at a preschool or daycare, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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In The Bar, Nightclub, or Event Business? Think You Have Liability Insurance Coverage?

Posted by on Nov 4, 2013 in Negligent Security

In The Bar, Nightclub, or Event Business?  Think You Have Liability Insurance Coverage?

If you are involved in the bar, restaurant, nightclub or event business, you might want to sit down before you read this blog post. We frequently get involved in cases working for people who have been injured in bars, or nightclubs, or at special events.  The injuries arise from a variety of situations ranging from falls, incidents with glasses or bottles, fights between patrons, fights with bouncers, shootings, and injuries caused by drunk drivers. Unfortunately, these kinds of things sometimes happen when alcohol is involved, and most (but definitely not all) bar or nightclub owners or event producers do the responsible thing and go out and secure commercial liability insurance.  Most bar or club owners assume that commercial liability coverage is standard from one industry to the next, and also assume that their agent will assist in securing them insurance that will cover most anything bad that might happen in connection with their business. It is usually not until shortly after reporting a claim that many bar and club owners realize that many — and maybe most — modern bar, nightclub, or special event commercial liability insurance policies are chock full of exceptions and exclusions.  For example, many companies attempt to exclude coverage to bars and nightclubs for incidents arising out of alcohol use.  How many incidents that happen in a bar that lead to a personal injury claim do you think do not arise out of alcohol use?  Business owners are often shocked to learn that they have been paying for insurance that is essentially worth nothing to them.  Likewise, many nightclub operators are stunned to realize that their assets are now at risk from a negligence lawsuit because insurance won’t cover a claim. Savvy business owners will stay involved in the insurance procurement process.  They will ask lots of questions — particularly about coverage exclusions.  A wise bar or club owner would probably insist that alcohol-related incidents, and assaults and battery claims be covered — since these are the most frequent claims that we see in our offices as personal injury lawyers.  Nobody injured by negligence in a restaurant, bar, nightclub, or at a special event, wants the business owner to be harmed, but they do expect to be compensated for their damages. If you have any questions regarding liability insurance coverage for a bar, nightclub, or restaurant, or if you have been injured in one, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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