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Posts Tagged "claim"

Dump Truck Owner May Have To Pay After SunRail Crash

Posted by on Oct 12, 2015 in Motor vehicle accidents, Recent News, Uncategorized

Dump Truck Owner May Have To Pay After SunRail Crash

In Florida, the owner of a motor vehicle is ultimately responsible for any damages caused by the operation of the vehicle.  One Central Florida dump truck owner could be on the hook for a lot more than he ever bargained for. The Orlandosentinel.com website actually has the video taken directly from the SunRail train (watch it here) that shows a dump truck parked way too close to the train tracks for the train to pass safely by.  The train engineer does the best he can to slow and/or stop the train, but the truck is just too close to the tracks and there is an obvious collision. According to the article, at least seven (7) SunRail passengers were taken to local hospitals with injuries – hopefully minor ones. In the event that any of these passengers have lingering, long-term physical problems, the ones that do likely have viable personal injury claims against the owner of the dump truck, and perhaps the driver who parked the dump truck, too.  The injured passengers could collect money for their medical bills, lost wages, and even pain and suffering. Many SunRail passengers ride the train to avoid the risk of a car crash on Interstate 4, or Central Florida’s other major roads.   They probably never dreamed they would be involved in a SunRail crash. If you have any questions following a Florida motor vehicle accident — even one involving a SunRail train or other non-highway vehicle, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill.  We represent clients from across Florida.  Every consultation is FREE and no-obligation.  Call us at 407-254-4901, or visit our website at cullen-hemphill.com...

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What Rights Do Adult Victims Of Casselberry Scout Leader Sex Abuser Have?

Posted by on Feb 21, 2014 in Child Sexual Abuse

What Rights Do Adult Victims Of Casselberry Scout Leader Sex Abuser Have?

A slip-and-fall accident inside an Orlando self-storage unit has led to a stunning confession and the arrest of local former Cub Scout and Boy Scout leader on child pornography charges, according to the Orlando Sentinel. Apparently Fleetwood Peeples’ Jr. slipped and fell at his self-storage in Orlando, struck his head, and was found lying in a puddle of blood.  Emergency workers who came to his aid became suspicious when, rather than worrying about his own injuries, Mr. Peeple seemed preoccupied with a camera he has been working with, the security of the contents of his storage unit, and whether his wife would have to be informed be about the existence of the unit. Apparently Mr. Peeples had forgotten that he had asked the EMT’s to grab his camera, and consequently they brought the camera with Mr. Peeples to the hospital.  When questioned about the camera in the hospital, Mr. Peeples admitted that he was using the camera to record images from child pornography magazines he was secretly keeping in his storage unit. When police searched the storage unit they found numerous movies and magazines featuring child pornography.  Most shockingly, police also found more than 100 Polaroid photographs of young boys in lewd and sexually suggestive poses.  When confronted, Mr. Peeples broke down and admitted to police that the photos were of boys he had taken on camping trips as a Cub Scout and Boy Scout leader in Casselberry.  Mr. Peeples also told police that he had molested many of the boys, and forced them to perform sex acts. Interesting to me as a Florida child sexual abuse attorney, the Boy Scouts of America have disavowed Mr. Peeples, and have indicated that he no longer has no ties to the organization.  However, the Boy Scouts don’t say when or why ties were cut with Mr. Peeples, or whether there were ever any questions raised about Mr. Peeples at or near the time he was involved in Scouting. The article indicates that Mr. Peeples’ victims would likely be between 30 and 50 years old.  What rights would these men have if they decided to pursue claims for damages related to their abuse? Due to the Statute of Limitations, the boys who were abused by Mr. Peeples would likely only be able to pursue claims if they could show that the shock of the abuse lead to a repression or inability to remember the events or tie current problems to the abuse, or that there was otherwise some very good reason that they could not assert claims within the typical Statute of Limitations.  Obviously, these circumstances will only apply to a limited number of victims, so there is not likely to be an explosion of claims related to Mr. Peeples’ abuse, although there may be some. Whatever happens, I am glad that Mr. Peeples has finally been caught.  Perhaps this will provide...

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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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