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Posts Tagged "lifeguard"

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

Posted by on Jul 15, 2014 in Motor vehicle accidents, Recent News

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

I read with interest a story that appeared on the WESH.com website regarding a recent Central Florida.jury verdict. Last week a Volusia County jury ruled in favor of a in favor of a 36-year-old woman , and issued a verdict for $2.6 million. The woman, whose name is Erin Joynt, was vacationing in Daytona Beach in 2011 with her family when a full-sized beach patrol pick-up truck ran over her head she laid in the sand on the beach. Ms. Joynt suffers from partial facial paralysis, had a number of fractures, as well as and vision and hearing loss. Ms. Joynt testified at trial that she continues to experience constant pain. The jury divided its award this way: $100,000 for future medical expenses, $500,000 for loss of earning capacity, $500,000 for for past pain and suffering, and $1.5 million for future pain and suffering. As a Florida personal injury attorney, the most interesting aspect of this case will be what happens next with regard to actually collecting on this verdict. Since the jury verdict was against a governmental entity, the local lifeguard agency, many people do not realize that Florida law limits the amount of money that any person who is injured due to the negligence of a governmental employee can collect in a case. As of this writing, the limitation is $200,000 per injured person. Even though a jury of her peers believes Ms. Joynt’s claim is worth over $2 million, likely the only way that Ms. Joynt will ever collect $200,000 will be by pursuing a very complicated procedure called a Claims Bill all the way through the Florida Legislature. If the Legislature passes a bill to provide Ms. Joynt with the money, it will still be up to Governor Rick Scott to sign it. The reality is that our Republican-controlled state legislature very rarely passes Claims Bills. I hope they make an exception for Ms. Joynt. If you have any questions regarding an injury involving a governmental entity, or the Claims Bill process, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Where Was Lifeguard When 13-Year Old Was Drowning In Disney Pool

Posted by on Mar 19, 2013 in Theme Park Accidents

Where Was Lifeguard When 13-Year Old Was Drowning In Disney Pool

So this is how it begins in 2013… I was so sad to read on WESH.com that the 13-year old Missouri boy who was found at the bottom of a swimming pool at the Disney Pop Century Resort was pronounced dead.  Of course it is always tragic whenever a child is lost.  The loss of a child is probably the most devastating experience that a family can go through.  As an Orlando accident attorney who handles child drowning cases, I fear that this is only the beginning of the tragedies that we’ll see in Central Florida this year with drowning accidents. In our experience, drowning accidents are almost always preventable.  In a typical residential drowning case, invariably access to the pool is the issue.  Someone has usually left a sliding door or gate unlocked, and a small child has made his or her way into the pool area. Sometimes it is attractive pool toys left in plain sight of a toddler, and the toys are just too tempting. A resort pool drowning is a bit more unusual. Most of the large resorts, and particularly the ones run by the theme parks such as Walt Disney World or Universal Studios, feature life guards on duty throughout the day.  I know that there is a lifeguard stand in place at the Pop Century pool.  The story on WESH.com failed to mention any involvement, or even the existence of a lifeguard at the Pop Century Resort at the time of this child’s drowning, but a separate media outlet reported that the child had been swimming after lifeguards had already gone home for the day.  As we are currently in prime Spring Break vacation time here in Florida, and there are a huge number of kids wanting to use the swimming pools, I wonder if lifeguards should have been left on duty until later in the evening. Hopefully this family from Missouri has received satisfactory answers from Walt Disney World on this issue. As a father of four children myself, I cannot imagine what they are going through. If you have any questions regarding a Florida drowning accident or wrongful death, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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