Wrongful Death

Published on: August 21, 2012

Lawsuit Filed Against Orange Lake Country Club Following 11-Year Old Girl’s Electrocution Death

Family of 11-year old girl who died by electrocution at Orange Lake Resorts’ mini-golf course seeks $27 million in damages

MIAMI – August, 2012 – In the wake of the death of 11-year-old girl, Ashton Jojo, Florida-based trial law firm Leesfield & Partners has filed suit against Orange Lake Country Club. In June, Ashton was retrieving a golf ball from a pond at Orange Lake Resorts’ mini-golf course when we she was electrocuted and died.

The wrongful death claim was filed in Orange County, Florida, and is seeking $27 Million in damages. Under Florida’s Wrongful Death Act, these damages include the mental pain and suffering of Ashton’s parents, the loss of Ashton’s companionship, medical expenses, funeral costs, etc. The suit states that upon being electrocuted by the highly energized water in the pond, Ashton was unable to move and collapsed in the energized water, thus suffering continuous electrocution.

Published on: August 17, 2012

Deadly Parasail Accident in Pompano Beach – “There’s no due diligence, no inspection. You just take your chances,” Ira Leesfield says to Miami Herald

By Leesfield & Partners

In light of the latest parasailing tragedy that took place two days ago in Pompano Beach, a new push for safety regulations of the parasailing industry is to be expected and encouraged by all, especially Floridians who have become the forced audience of so many fatal accidents, all of which preventable.

When Ira Leesfield represented the White family, in 2007, after the death of Amber and the catastrophic brain injury to Crystal, her sister, Leesfield & Partners engaged in a national awareness campaign which included appearances on the Today Show, and Inside Edition. The goal was not only to bring attention to the dangers associated with parasailing when precautions are not taken (they almost never are), but also and most importantly to push legislators in Florida and in other coastal states to pass laws and safety regulations at once. Two drafts of the Amber May White Act were introduced before the Florida legislators in 2007 and 2008, but both failed.

The death of Kathleen Miskell, a 28-year-old woman from Wethersfield, Connecticut, will once more sound the alarm to all who want to hear it. The self-imposed safety measures that the parasailing industry claims to be following are insufficient, inadequate and simply intolerable. On a daily basis, these unregulated businesses, often manned by incompetent and inexperienced individuals, place their customers in danger. The equipment used for parasailing is never inspected, the ropes used to tug the chute with one, or two, sometimes even three people, are improper and overused. Companies often use the same chute regardless of the weight or the number of people they are sending up hundreds of feet in the air. Yet, there is no accountability. Ira Leesfield reiterated his concerns to the Miami Herald, concerns that grow stronger with each and every parasailing victim Leesfield & Partners represents.

Published on: August 16, 2012

License of boat captain involved in parasailing death and brain injury of tandem passengers revoked

By Leesfield & Partners

Last November, Bernice Kraftcheck and her daughter, Danielle Haese, were on a cruise ship parasailing excursion off the coast of St. Thomas. The tour operator, Caribbean Water Sports & Tours, sold a tandem ride through Celebrity Cruise Lines, to the mother and daughter couple and offered to take them up on their parasail for $80 each.

Five minutes in the air, the catastrophe occurred. The rope pulling the couple broke and the chute plummeted down in the water. While they were in the water, the boat continued to pull the chute, causing Bernice Kraftcheck to be violently pummeled by the waves before being rescued. Bernice did not survive her injuries. Danielle did survive, but sustained serious brain damage.

Leesfield & Partners filed a $30 million civil lawsuit in February, 2012, against multiple defendants, including the boat captain and the parasailing operator for their respective negligence.

Published on: August 16, 2012

Latest Pompano Beach parasailing incident results in the death of Kathleen Miskell

By Leesfield & Partners

Yesterday, August 15, 28-year-old Kathleen Miskell from Wethersfield, Connecticut, was killed in a parasailing incident that took place in Pompano Beach, Florida. The early details obtained by the investigators of the Florida Fish and Wildlife Conservation Commission, and Pompano Beach Fire Rescue who were rushed to the scene, point to the young woman’s harness breaking when the parasail was already up in the air and tugged by the boat. As soon as the harness broke, Kathleen Miskell fell approximately 150 to 200 feet into the ocean. She was pronounced dead at Broward Health North.

Stephen and Kathleen Miskell were parasailing as a tandem at the time of the incident. They had purchased a parasail ride with Waveblast Watersports, Inc., a parasail and jet ski rental company that operates in Pompano Beach, and out of the Sands Harbor Resort.

A history of Parasailing Incidents

Published on: July 13, 2012

Wrongful death lawsuit filed in accidental electrocution case

By Leesfield & Partners

This week, Leesfield & Partners filed two electrocution lawsuits in Palm Beach and Monroe County. These filings follow a long list of resort tort cases handled by Leesfield & Partners, where over the past three decades, Ira Leesfield has represented countless victims and their families who were fatally injured caused by conditions or acts of negligence by property owners.

In Florida, a property owner has a non-delegable duty to maintain its premises in a reasonably safe condition so as to prevent injuries to business invitees and members of the public.

In the first electrocution filed this week, Alan Bazinet was shocked to death while working on electrical components of an apartment. Unbeknownst to him, the general contractor of Castilla & Godoy turned on the main breaker of the apartment in question without checking to see if anyone was in the apartment. As a result of turning the breaker on, Bazinet sustained a 110 volt electrical shock that caused injury and burnt his fingers.

Later that day, while the 52-year-old was still working on electrical outlets in the apartment, the main breaker were once again turned on. This time, the severe electrical shock caused Alan Bazinet to fall over the top of the cabinet where he was working. He was later found unresponsive by a handyman working on the job site. Alan was rushed to the local hospital where he was pronounced dead. Read the complaint here.
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Published on: July 2, 2012

Medical condition to blame in fatal accident by new Marlins’ Stadium

By Leesfield & Partners

On Saturday June 30, 2012, a family visiting Miami from Lawrenceville, Georgia, spent the afternoon at the new Marlins stadium. They watched Miami beat Philadelphia in what would be their last moment as a family.

Minutes later, as they were walking back to their car, on the sidewalk, a minivan driven by Raul Ortega Arias came hurling down at them. The vehicle was going too fast, none of the family members had time to escape. In the end, 13-year-old Adriana Diaz, 14-year-old Franklin Diaz, and 53-year-old Esther Terrero de Diaz, were killed in this unbelievable tragedy. 10-year-old Magdeline Diaz was also critically injured in the crash and she is still listed in critical condition.

While police officers who responded to the scene initially told media that the cause of the accident was unknown, several news outlet have reported that Arias lost control of his vehicle after suffering some sort of medical condition. The 67-year-old driver was also killed in the accident.

Published on: June 29, 2012

Code violation responsible for the fatal electrocution of 11-year-old guest at Central Florida Resort

By Leesfield & Partners

The incredibly tragic event that occurred at the Orange Lake Resort on Wednesday could and should have been avoided. That is essentially what Orange County code enforcement officers confirmed after their on-site investigation of the miniature golf pond that took the life of Ashton Jojo.

Ashton was playing miniature golf when her golf ball ended in one of the courses’ pond. She reached in to retrieve her ball that was submerged under a foot of water, and was electrically shocked as soon as she touched the water. A guest attempted to pull her out, but injured himself in the process. One of the witnesses began to perform CPR on the child. Ashton still had a pulse at that time, but once the EMS arrived and rushed her to Celebration Hospital, she stopped breathing and ultimately died.

The investigation quickly revealed that the pond’s electrical breakers were improperly installed or replaced. Allen Morton with the Orange County’s Division of Building Safety told media that for a water feature such as the pond in question, ground fault interrupter (GFI) breakers are required by code, but upon inspecting the wiring and the electrical pump, non-GFI breakers were used.
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Published on: June 28, 2012

Autopsy confirms electrocution caused the death of 11-year-old Orlando Resort guest

By Leesfield & Partners

An autopsy performed on the young Ashton Jojo, who died yesterday at a Central Florida resort, confirmed that the 11-year-old was fatally electrocuted.

As we reported earlier today, Ashton and her family were staying at a Kissimmee resort. Ashton was playing miniature gold, located on the premises of the resort, when she reached into a pond to retrieve her golf ball. As soon as she came in contact with the water, the young girl began to scream. Despite the aid of another guest, and a resort employee, Ashton could not be saved and she became unresponsive before EMS arrived on the scene.

Today, Orange County code enforcement officers inspected the site where the incident occurred and found numerous violations which would explain what happened. Among these violations, inspectors found that electrical breakers had been improperly replaced. According to Allen Morton of the Orange County Division of Building Safety. GFI breakers are also required for hot tubs and swimming pools.

Published on: June 28, 2012

Electrocution suspected in death of 11-year-old – Latest Resort Tort Incident in Florida

By Leesfield & Partners

Ashton Jojo, an 11-year-old guest at an Orlando / Kissimmee Resort with her parents and young brother, died on Wednesday after she attempted to retrieve her golf ball from a pond while playing miniature golf.

As soon as the young Ashton reached inside the pond to get her golf ball, “she screamed as if she was in distress” said the Orange County Sheriff’s Office in a released statement. Christopher Burges, also a guest at the same resort, rushed to the rescue of the little girl when he heard the screaming, but as he grabbed the girl’s arm, he too became injured, and was unable to save her. Ashton was rushed to Celebration Hospital in Kissimmee where she later died.

Ashton’s family, from New York, was in Central Florida on vacation, where they celebrated Ashton’s eleventh’s birthday last Friday. Another witness to this tragic event told reporters that one of the Resort’s employees mentioned that the electricity to the pond may have had a “short”. By the time EMS arrived on the scene, the 11-year-old was not responding. The grandmother of one of Ashton’s friends spoke to reporters and said the girls asked her to go golfing with them, and she regrets saying no. “I wish to God that I would of gone because I might of made a difference and I’m going to have to live with that.”

The investigation is still ongoing and Deputies of the Orange County Sheriff’s Office have not confirmed the cause of death. If electrocution turns out to be what caused young Ashton’s death, this incident will be yet another resort tragedy that could have been avoided.

Resort tort incidents occur every year in Florida, whether in Orlando / Central Florida, or in Miami or the Florida Keys, in South Florida. Throughout the state of Florida, Leesfield & Partners have represented countless victims of acts of negligence attributed to resort employees. Recently, Thomas Scolaro settled a claim against a Time-Share / Central Florida Resort for injuries one of its guests sustained while she was using a jacuzzi. Due to some electrical malfunction, the suctioning system of the tub began to pump unexpectedly and caused catastrophic spinal damage to a healthy young woman.
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Published on: June 12, 2012

Food poisoning resulting in the death of healthy 32-year-old mother

By Leesfield & Partners

It seems like every single year, a food borne outbreak occurs in multiple states around the country that leaves avid restaurant-goers and supermarket chains scrambling to find out what caused the latest epidemic. Again this year, the Centers for Disease Control and Prevention (CDC) has announced last week that a new E. Coli outbreak is currently underway and related cases have been identified in six States so far: Alabama (2), California (1), Florida (1), Georgia (5), Louisiana (4) and Tennessee (1).

Thus far, officials have yet to identify the product responsible for this latest round of food poisoning. The level of emergency was raised to an all-time high when Maelan Elizabeth Graffagnini, a 21-months-old infant died in New Orleans. Officials announced that the young child died from complications of E. Coli O145. (one of six types of shiga toxin-producing E. coli).

Florida residents have not been spared by these latest headlines and while the risk of contracting the latest food born bacteria is relatively low, Floridians should constantly remain careful about what and where they eat, in particular, South Floridians.

According to the Florida Division of Hotels and Restaurants, South Florida has received more restaurant violations than anywhere else in the State. The cities of Miami, Fort Lauderdale, and Boca Raton, rank in the Top 10 violating cities in the last 12 months. Miami leads the way with 37,048 violations alone this past year. Put all three cities together, and South Florida restaurants are responsible for more than 54,000 violations in one year, which represents more than a third of all violations among the top 10 violating cities.

As mentioned above, the city of Miami is the worst violator of all, with over 100 new violations each day on average. The consequences for consumers is usually mild symptoms of food poisoning, a long night of indigestion and a groggy feeling the next 48 hours. Unfortunately, in some instances, the result can be a lot more tragic, as we recently found out.

Leesfield & Partners has represented several victims of food poisoning and settled multiple claims, but none of them were more tragic than the most recent incident. A young woman of 32, a mother of 2 young children aged 2 and 14, picked up a beef chimichanga with salsa, guacamole, lettuce, cheese and chips one evening at a popular Mexican restaurant in Miami.

She ate her dinner and went to bed that night feeling fine, but she woke up violently ill sometime between 2 and 2:30AM. For the rest of the night and through the entire next day, she experienced symptoms of food poisoning, including vomiting, sweating, nausea, cramps, chills, and diarrhea. She was so sick that she could hardly get herself out of bed. Early that morning, a family member saw her go to the bathroom to throw up yet again. They spoke and they both agreed at that she ate something bad from the Mexican restaurant. A few hours later, she decided to report the restaurant to the Health Department, and filled out an online complaint form.
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