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Posts made in December, 2013

Winter Garden Man Killed Outside Tampa Hotel – So What Did Hotel Know About Danger?

Posted by on Dec 11, 2013 in Negligent Security

Winter Garden Man Killed Outside Tampa Hotel – So What Did Hotel Know About Danger?

I was extremely saddened to see a story on the WESH website about the tragic death of Agustin Osorio at a Tampa Extended Stay hotel last weekend.  Apparently, Mr. Osorio was in the parking lot of the hotel, where he was staying as a guest while working on a construction project, when a man approached him, demanded cash, and shot him. I can only imagine the devastation that Mr. Osorio’s family is feeling.  After all, this man was spending time away from family and friends in Tampa to earn a living, not be killed by an act of senseless violence. If I was a member of the Osorio family, I would want to know what this Extended Stay hotel knew about the crime and violence in the surrounding area.  I would want to know if there had been any robberies, attempted robberies, or other acts of violence on the hotel premises in the past.  Importantly, I would want to know everything that the hotel had in place in terms of security to keep its guests safe from this kind of thing. If the hotel did not take all of this kind of information about danger into account, and take reasonable steps or measures to provide security and protect guests, the hotel (and any business similarly situated) could be held liable for damages (in this case, for wrongful death) by way of a negligent security claim. If you have questions regarding a negligent security, or wrong death, claim, call Winter Park negligent security lawyers Kim Cullen and Robert Hemphill at...

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Fall Didn’t Kill Woman, But Disney Could Be Liable For Wrongful Death Anyway

Posted by on Dec 10, 2013 in Recent News, Theme Park Accidents, Types of Accidents, Wrongful Death Claims

Fall Didn’t Kill Woman, But Disney Could Be Liable For Wrongful Death Anyway

The surviving family of a woman who was injured on the Jungle Cruise ride at Walt Disney World has filed a wrongful death suit against the Central Florida theme park operator, even though the woman was nowhere near death when she left the park on the date of her accident. To a typical layperson, this scenario might not seem right.  But, as a Florida theme park injury lawyer, I think the law on this issue is completely fair and reasonable. According to WFTV.com, the decedent was a mother who broke her leg trying to safely hold her daughter while she entered the Jungle Cruise ride.  Her family believes that someone at Disney should have helped her board, and that their failure to do so represented negligence that was the legal cause of the woman’s original leg injury. The original leg injury was significant, and required the injured woman to be taken from Disney by ambulance to a local hospital.  Her leg required surgery, and less than 24 hours after returning home after her surgery, the young mother suffered a pulmonary embolism (a blood clot) that killed her. Under Florida law if the clot is related to the woman’s surgery, and the surgery was required as a result of Disney’s original negligence, then Disney can be held liable for the wrongful death of the mother — and therefore might have to pay damages to the woman’s surviving husband and children. Any other result would not fairly compensate victims of negligence.  Negligence only has to be one of the causes of the ultimate harm, not the only cause, in order for the careless person to be held liable. If you have any questions regarding a Florida wrongful death case, a theme park accident, or Florida’s intervening cause law, contact Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at...

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“2 Drunk 2 Care” Warrants Punitive Damages For Fatal Crash

Posted by on Dec 5, 2013 in Motor vehicle accidents, Recent News, Wrongful Death Claims

“2 Drunk 2 Care” Warrants Punitive Damages For Fatal Crash

Frequent readers of this blog will know that from time to time I have blogged about accident situations where I have felt that punitive damages were appropriate.  (For more detailed explanation of how punitive damages work, click here.)  One such situation is people who text while driving or otherwise drive while distracted, and the other frequent situation is when at-fault drivers are found to be drunk. I couldn’t help but blog about a young woman from South Florida named Kayla Mendoza.  I first learned about Ms. Mendoza in an article on the WFTV.com website,  but my friend Attorney Matthew Dolman posted a very interesting blog post about her. Apparently last weekend Ms. Mendoza posted on her Twitter account that she was “2 Drunk 2 Care”.  Now, Ms. Mendoza is under suspicion for killing two women in a head-on car crash that occurred shortly after that post.  It seems that Ms. Mendoza had frequent posts on her Twitter page referencing being extremely drunk and/or high. Should Ms. Mendoza’s blood alcohol testing prove that she was over the legal limit for intoxication there is no doubt in my mind the Ms. Mendoza should face punitive damages in connection with the two deaths that she caused.  Matthew Dolman is correct when he says that Ms. Mendoza showed a disregard for life.  This is precisely the kind of attitude and behavior that punitive damages are designed to address. Hopefully, Ms. Mendoza will also face criminal consequences as result of her brazen disregard for the law, and her fellow man. It goes without saying that our hearts go out to the two victims, Marisa Catronio and Kaitlyn Ferrante.  No matter how long I have been doing this kind of work — and its 20 years as of October 2013 — I never get used to the tragedy of young lives lost in such a sudden and unnecessary way. If you have any questions following a Florida car accident involving drunk driving, or a wrongful death, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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