Florida Injury Lawyer Blawg

Published on: April 16, 2014

Tivoli Park Management is to blame for drowning of twin toddlers say residents

Last week, two year-old twin sisters Harmony and Harmani West tragically drowned in the swimming pool of their apartment complex, Tivoli Park, in Deerfield Beach, Florida. Since the incident, while the parents are attempted to cope with their brutal and unfair loss, residents and neighbors have clearly and unequivocally placed the blame on the management company for the family’s loss.

“The doors don’t lock.” Residents said in no uncertain terms that the door and gate to the pool is always open. Lou Pena, a fellow resident at Tivoli Park told police and news reporters that the pool door “never locks. Anyone can go in whenever they want I don’t blame a little child for wandering in it was going to happen sooner or later.”

As discussed last week in our first entry on this tragedy, Florida Law imposes that residential swimming pools be fenced in. At the time of passage of the new law, drowning was the leading cause of death of young children in the state of Florida. The Legislature received testimony of experts throughout the legislative process confirming that constant adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and that when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool will reduce drowning incidents.

Published on: April 9, 2014

Broken lock on swimming pool fence of Deerfield Beach complex leads to the fatal drowning of two twin toddlers

By Leesfield & Partners

Harmani and Harmony West were just 2 years old, yesterday in Deerfield Beach, they drowned in the pool of the apartment complex in which they lived with their mother. The apartment complex, Tivoli Park, has 6 pools and spas according to their website, all of which are gated with a locked door to prevent these exact incidents to occur. Witnesses did tell authorities that the lock on the pool in which the two small children drowned was broken and did not prevent the toddlers to gain access to the water.

According to the responding officers, a couple visiting from North Carolina who was staying at Tivoli Park noticed a girl floating in the pool as the man made its way to the hot tub. He jumped in the pool and dragged the girl’s body out of the pool as quickly as he could. The woman then noticed a second body. The couple called 911 and efforts to resuscitate were undertaken aggressively performed by CPR. One of the girl was taken to Broward Health Medical Center by ambulance, the other by air, but later that night, both girls were pronounced dead at the hospital.

The early investigation of the officers has shown that somehow the twin girls had somehow been able to exit their apartment and walked to the pool area. The pool was gated, but the lock on the gate was broken and the girls ended up in the pool.

Published on: March 6, 2014

Lawsuit filed in case of fatal explosion against Holy Cross Hospital

By Leesfield & Partners

Last August, Adele Bearman went to Holy Cross Hospital to have routine surgery. Leesfield & Partners, Ira Leesfield, said in an interview to the Miami Herald and other news outlet: “While they were doing this rather routine surgery, there was a leak from the oxygen mask into the environment. The surgeon, anesthesiologist, and the hospital employees didn’t communicate with each other. There was an explosion. She literally caught on fire in the operating room.”

A lawsuit was filed on March 4 against Holy Cross and other multiple doctors whom the complaint alleges they were negligent in this action. The complaint reads that “during the operative procedure Mrs. Bearman was supposed to undergo, Dr. Pasternak was the anesthesiologist who was responsible for providing MAC anesthesia to this patient. Dr. Pasternak was providing oxygen, via facemask, at 8 liters per minute at the time. Dr. Bermudez was utilizing electrocautery in close proximity to the flow of oxygen. Dr. Pasternak and Dr. Bermudez failed to communicate with each other concerning the utilization of oxygen via face mask and electrocautery in the proximity with the oxygen and as such created a dangerous, negligent and unsafe condition.”

The complaint further alleges that “during the arterial biopsy performed by Dr. Bermudez, there occurred an operative fire caused by the combination of the presence of excessive oxygen and electrocautery with said fire causing burns to the face and additional burns on the chest, oral and nasal mucosal surfaces of Adele Bearman causing substantial pain, suffering, scarring, disfigurement, loss of ability to enjoy life, and serious bodily injury for which substantial care and treatment was required from her date of injury to her date of death.”

Published on: February 27, 2014

Unsafe and neglected balcony railings lead to fall and catastrophic injuries

By Leesfield & Partners

A month after falling off the balcony at a North Bay Village apartment complex, Jimmy O’Reilly is still at Jackson Memorial Hospital. Critically injured, it is still unknown whether Jimmy will be able to walk again.

In its on-camera investigation, Local 10 asked the same questions attorneys with the firm have been asking; Where were the owner and the property manager? Why were the balconies and railings never fixed despite numerous complaints by multiple tenants?

“This was a recipe for disaster. You have an absentee owner and a property manager that was indifferent to the tenant complaints. Owners and managers must be responsible for maintaining their property. When they are not, and good people are gravely injured, it is our job to hold them accountable to the fullest extent the law allows” attorneys with the firm said.

Published on: February 14, 2014

Will Florida finally pass regulations of the Parasailing Industry?

By Leesfield & Partners

Yesterday, the Senate Committee pm Regulated Industries passed Senate Bill 320 by a unanimous vote of 9 to 0. Members of the Senate Committee had just finished hearing from families who have lost loved ones in parasailing accidents in Florida.

Thumbnail image for harness_parasailing.jpg Among them, the family of Amber May White who tragically died in 2007 while parasailing with her younger sister Crystal. Leesfield & Partners represented the family and a confidential settlement was reached out of court. In 2007, as it is true today, the parasail industry is absolutely unregulated. Despite countless voices begging for this activity to be regulated, the industry has been operating completely free of any rules. Parasail operators are self-regulated, which often translates in utter lack of safety and proper training.

While yesterday was the first optimistic step in the right direction, it is 7 years removed from the fatal accident that has changed the family of Amber and Crystal forever. Click here to learn more about the events in that case and the lawsuit that ensued.

Published on: February 10, 2014

Ira Leesfield recognized amidst the release of George Clooney’s The Monuments Men

By Leesfield & Partners

Appointed by President Clinton to investigate and track down looted Holocaust art and cultural treasures stolen during World War II across Europe, Ira Leesfield was recently recognized by the Miami Herald for the role he played in the U.S. Presidential Advisory Commission on Holocaust Assets from 1998 to 2000.

The release of George Clooney’s latest movie, The Monuments Men, has led many men and women to being honored at various Washington institutions that played major roles in the protection, investigation, and in several cases, rescue of European treasures during and after World War Two.

The Commission made several significant findings, some of which are below:

Published on: November 15, 2013

Ventilator-dependent twin brothers die during power outage

By Leesfield & Partners

In Northern California’s Calaveras County last night, twin brothers Ryan Hall and Joshua Hall died during a local power outage. The two 22-year-old brothers were ventilator dependents and the early investigation revealed that their respective ventilators’ back-up system systems failed when the house lost power.

Ryan and Joshua Hall suffered from muscular dystrophy and relied on their ventilator to breathe for them. Sheriff Gary Kuntz told reporters that the investigation is focused on the reasons why the backup systems failed.

This tragic incident is eerily similar to a case Leesfield & Partners recently handled and successfully resolved after almost three years of litigation, and a $2.5 million wrongful death settlement was reached for the parents and sole caretakers of the 31 year-old man who died.

Published on: October 1, 2013

Florida bans texting while driving – Law in effect October 1, 2013

By Leesfield & Partners

On October 1, 2013, the first law banning texting while driving comes into effect in the State of Florida. This law is a half step in the right direction, but a half step nevertheless.

The Florida legislator has advocated for a ban on cell phone use while driving for several years. The best compromise Tallahassee was able to reach has essentially pulled the teeth of the new law. We described in detail the shortcomings of the new piece of legislation in our previous articles on the topic:

Florida’s ban on texting while driving – A toothless law in need of more bite!

Published on: August 28, 2013

Miami Archdiocese again in the spotlight for more claims of sexual abuse on high school students

By Leesfield & Partners

The Archdiocese of Miami is again making news for the wrong reasons. Three former PACE High School students (Hialeah) have filed a civil lawsuit against the diocese and their alleged abusers, Brother Ken Ward and Father Gustavo Miyares, and, there are more to come.

In the complaint filed this week by Leesfield & Partners, the sexual abuse endured by the three young men is described as occurring repeatedly over several years. Brother Ken Ward was the Dean of Students at PACE High School when the alleged abuse took place. Each student was served several alcoholic beverages by Dean Ward to make them compliant. Ward would use pretexts almost on a daily basis to get the boys in his office, at the time the young men were young teenagers. Ward would ask them to take their clothes off after making sure his door was locked and his blinds were shut. He would observe the students bodies from his desk chair while sipping his alcohol-filled diet coke. Inevitably, Ward would walk to the student standing naked in front of him and began touching his body. The abuse would lead to fondling the student’s genitalia, as well as masturbation and digital penetration, and other unspeakable acts.

According to the three plaintiffs, Ward would repeat his abuse on them on a weekly, if not on a daily basis. One of the plaintiffs was also sexually abused when he was a young child at Immaculate Conception Catholic School, an abuse that lasted from Elementary school through high school. During these early years, he became an altar boy, under the care of Father Gustavo Miyares. The latter slowly groomed the child by inviting him to spend time with the priest. The private meetings turned into a horrific extended-period of numerous unauthorized sexual acts, including touching genitals, and inducement of oral and anal stimulation, even as the plaintiff was a pre-teen child.

Published on: August 14, 2013

Fatal Car2Go Accident downtown Miami

By Leesfield & Partners

At dawn this morning in Miami, a Chevy pick-up truck traveling eastbound on Northeast 15th Street, in downtown Miami, was t-boned by a white Daimler SMART car traveling southbound on Biscayne Boulevard. One of the investigators told the media that it is believed the driver of the SMART car failed to stop at a stop sign or a red light, which was the cause for the two vehicle to collide at such a high rate of speed.

The incident occurred at approximately 4:45am on Wednesday August 14, 2013. The passenger of the SMART car, a young woman in her twenties was fatally injured and died at the scene. The driver of the SMART car was critically injured and rushed to Jackson Memorial Hospital. The condition of the driver of the pick-up truck remain unknown but reporters have shared that there are serious concerns he may have sustained a catastrophic spinal cord injury and may be paralyzed. (Photo on the left courtesy of Miami Herald)

The SMART car involved in this incident, whose driver was supposedly at fault, was a CAR2GO vehicle. According to the company’s website, CAR2GO is a mobility program launched in Austin, Texas back in November 2009. The company provides a fleet of free-floating vehicles distributed all over the city. Individuals who become members of CAR2GO have the ability to use any vehicle from the CAR2GO fleet at any time.