"Ira Leesfield"

Published on: May 3, 2012

The injustice behind “Stand your ground” Law

Written by Ira H. Leesfield – Article Published in the Daily Business Review

Florida’s “STAND YOUR GROUND” law not only distorts criminal justice for the victims of this special interest statute, it essentially eliminates civil liability for acts of aggression which would otherwise be compensable in the civil justice system. With the unnecessary death of Trayvon Martin last month in Sanford, the State of Florida is once again at the forefront of national and world attention. This time, it is not ‘hanging chads” which have made Florida the most curious state in the country. Now it is the “kill at will and with impunity” law that has erupted in international skepticism.

The law, Florida Statute Section 776.012, allows individuals to use deadly force if they reasonably believe it is necessary to prevent death or great bodily harm. It embraces a subjective standard, often with no witness or victim testimony. Such force was once only permitted inside one’s home (“castle”). But Florida’s legislature, lobbied relentlessly by the National Rifle Association and other “law and order” groups, in 2005, changed the law. Now, individuals no longer have a duty to retreat from danger but instead have a license to kill when they feel threatened with serious injury.

There is no question that the law has created unintended consequences over the years as perpetrators have been encouraged to escalate dangerous confrontations and take the law into their own hands. According to the Florida Department of Law Enforcement, the number of “justifiable homicides” in Florida has nearly tripled since the law passed. The Trayvon Martin case is one in a long line of cases where the “Stand Your Ground” defense could immunize a suspect for a highly questionable homicide.

The media frenzy surrounding “Stand Your Ground” has focused on criminal prosecution. But the law has a substantial and detrimental impact on civil claims for wrongful death and personal injury as well. One only need to recall the O. J. Simpson criminal acquittal followed by the guilty verdict in the civil case. Generally, an action for civil damages does not depend on the defendant being convicted in criminal court because civil cases have a different burden of proof. However, under “Stand Your Ground,” there can be both criminal and civil immunity, and therefore, insult is added to injury with no accountability for civil damages. What does this mean for the families of Trayvon Martin and others who were gunned down under unwitnessed suspicious circumstances? Must the “Stand Your Ground” defense fail in criminal court before a civil action may be pursued? Does the finding of immunity in criminal court bind the civil court?

Florida law complicates the issue, and there are currently no reported court opinions applying civil immunity in “Stand Your Ground” cases. However, civil court judges may be implored to apply a criminal court’s finding of immunity.

In 2010, the Florida Supreme Court held that in criminal cases, a judge, not a jury, should determine whether the defendant’s conduct was justified under “Stand Your Ground,” and the defendant has the burden of proving his entitlement to immunity by a preponderance of the evidence. In doing so, the Supreme Court removed perhaps the most crucial factual inquiry from the civil jury: whether the defendant’s conduct was “reasonable.” If the criminal judge finds that the defendant is immune from prosecution at an evidentiary hearing, the civil judge in a subsequent case for damages might feel compelled to consider the immunity issue previously adjudicated closing the door on the civil case. Unfortunately, the criminal judge who made the initial finding of immunity might not have known that he was also preventing a civil remedy for the surviving family in a subsequent wrongful death action. Even worse, §776.032, Fla. Stat., includes harsh provisions requiring the civil plaintiff to pay attorneys fees and costs incurred by a defendant who is found to be immune. This deters injured parties from even testing the legal theory.
Continue reading

Published on: January 9, 2012

Students Hospitalized for Carbon Monoxide Poisoning in New York

By Leesfield & Partners

Each year, an average of 61,000 carbon monoxide poisoning incidents occur in the United States, resulting in more than 30% of victims to be treated for carbon monoxide exposure. More importantly, an estimated 480 people die every year because of the silent killer that is carbon monoxide. (Statistics by the National Fire Protection Association can be found here)

This past weekend in New York, forty-two students residing on the Long Island, New York campus of the U.S. Merchant Marine Academy were hospitalized and treated for carbon monoxide poisoning after the gas leak was found after 9 p.m. Sunday night. When the gas leak was discovered, students and residents of the Academy’s Barry Hall were asked to evacuate the building – a total of 150 students were evacuated as a precaution without incident.

The law firm of Leesfield & Partners and our carbon monoxide attorneys are all too familiar with carbon monoxide poisoning incidents and their catastrophic effects on poisoned victims. Recently, Ira Leesfield and attorneys at Leesfield & Partners represented over a dozen families who had been exposed to carbon monoxide during their stay at a Key West Resort. That incident resulted in the wrongful death of a young man and injuries to several other guests. The investigation led by the Florida Division of State Fire Marshal noted in its report that two of the boilers of the resort had not been inspected where in Florida, boilers of that size and type were required to be inspected every two years. The failure to have these boilers inspected prevented the resort from discovering clear evidence of soot accumulating on the outer part of the shroud that covers the burners, as well as soot found along the bottom wall, floor and behind the boilers.

Investigators also determined that there was a large 90-degree elbow aimed towards the east into the prevailing winds on the roof. This alteration caused a back draft down the exhausting vent preventing the proper exhaust of carbon monoxide. Therefore, as the back pressure increased in the exhaust pipe it reduced the availability of oxygen to the burners causing an incomplete combustion at the burner level. It turned what would normally be a blue flame into a yellow-orange flame causing the creation of carbon monoxide and soot/smoke. This in turn caused an excessive amount of carbon monoxide build up in the boiler room.

To further compound the problem, the carbon monoxide could not escape the boiler room due to the boarding up of the louvers on the boiler room doors, which were designed to permit proper air circulation. This prevented the complete combustion from occurring and prevented the escape of carbon monoxide. As the concentration of carbon monoxide grew in the boiler room it further prevented ambient air from entering the boiler room. During this time, the furnace continued to consume the remaining oxygen in the boiler room until it self-extinguished causing the boilers to automatically shut down.

After several months of litigation, these carbon monoxide victims entered into a confidential settlement with the resort for their injuries.

More recently, the firm represented students who were exposed to carbon monoxide poisoning while sleeping in a university house. The investigation led by the local Fire Department confirmed that, upon entry, readings taken in the main section of the house showed over 200 ppm of Carbon Monoxide. With such elevated and dangerous readings, the investigation halted to let the ventilation process continue. When it was safe to resume, the investigators found that the exhaust pipe for the gas furnace that was heating the house was not exhausting the carbon monoxide, which led to a gas build up throughout the house.

Because our law firm continues to represent victims of carbon monoxide poisoning, Leesfield & Partners became the voice of Florida victims of CO exposure. Due to the relentless efforts of former Florida Justice Association (FJA) President Ira Leesfield, Senate Bill 1822 was adopted, and became effective July 1, 2008.
Continue reading

Published on: December 22, 2011

Leesfield & Partners Names University of Miami Law Student Recipient Of Its Annual FAWL Scholarship

By Leesfield & Partners

Miami-based trial law firm Leesfield & Partners announces that it has awarded a $1,000 scholarship to third-year University of Miami law student Kayla Pragid. The annual scholarship is granted in association with the Florida Association for Women Lawyers (FAWL) and is presented each year to a law student that demonstrates the highest standards of excellence in both academics and contributions to the community.

Kayla is currently ranked in the top 2.5% of her class and has been recognized on the Dean’s List for all semesters enrolled. She is a member of the University of Miami Law Review and serves on its Moot Court Board. She has received numerous academic awards and is the Co-Founder and President of the Democratic Law Students Association and a past member of the Executive Board of the Miami Law Women Association.

Justin Shapiro, Carol Finklehoffe, Ira Leesfield, Kayla Pragid, and Patricia Kennedy (Left to Right)

Kayla has demonstrated a commitment to volunteerism, dedicating her time as a Writing Dean’s Fellow at the University of Miami, where she assists students with their writing skills. Additionally, she volunteers regularly at the Health and Elder Law Clinic, which provides free legal aid to indigent clients in the Miami area. There, her efforts are largely focused on assisting with guardianship issues and other legal matters on behalf of Miami’s Haitian community.

Kayla received a bachelor’s degree from Boston University. Having coped with both of her parents battling cancer Kayla is also passionately involved with the American Cancer Society and the Susan G. Komen Breast Cancer Foundation.

“Kayla was selected for this scholarship based on her exemplary academic performance and a demonstrated interest in helping improve the lives of those around her,” said Patricia Kennedy, a shareholder with Leesfield & Partners who oversaw the scholarship selection process. Read more about Kayla Pragis here.

FAWL is a professional organization dedicated to promoting the advancement of women in the legal profession. Its membership is comprised of lawyers, judges, and professionals within the business community. This year marks Leesfield & Partner’s 16th consecutive year of participation.
Continue reading