"Leesfield & Partners"

Published on: April 8, 2016

Creative Lawyering Yields Another Great Result for Injured Child

The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate cases based on their clients’ impressions without broadening their imagination and looking at the entire picture.

Our firm was recently contacted by a mother in reference to a potential medical malpractice case for her 12-year-old son. Our client’s concern was that her son underwent surgery to repair his fractured femur (thigh bone) with metal rods, and the metal rods ultimately broke free from the bone, requiring a painful second surgery. Our client thought this complication occurred because the first surgery was done negligently. Our firm investigated and concluded that the complication was likely an inherent risk of surgery rather than negligence.

For many lawyers, the evaluation would have ended there. However, our firm inquired further and asked how the boy’s leg was fractured. Our client believed that was a dead end. She explained that the injury occurred when a 13-year-old girl accidentally fell on him at the girl’s house. As we learned more, it was discovered that the girl, who was much larger than the boy, had been physically harassing him for several days with unwanted horseplay. The girl’s father, who was supposed to be supervising them, knew of this abuse and failed to prevent it or separate the children. Our firm made a claim against the father’s homeowner’s insurance policy under a Negligent Supervision theory. Within just days of receiving our lawsuit, the insurance carrier offered their full policy limits of $300,000, to compensate our client’s son.

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.

Published on: July 5, 2013

Health of teenagers injured in Panama City parasailing accident improving amidst questions about potential Parasail operator’s negligence

By Leesfield & Partners

According to the latest reports, both teenagers’ health are slowly improving and their respective doctors are expecting both girls to recover from their traumatic injuries. The family of Sidney Renea Good and Alexis Fairchild, 17-year-old girls from Huntington and Roanoke, Indiana, have shared that their daughters have both suffered head trauma and severe lacerations. However they are both communicating with their doctors and close family members with small hand gestures.

Earlier this week, Sidney and Alexis purchased a parasail ride with Aquatic Adventures in Panama City. While both girls were up in the air, the weather deteriorated and strong winds rolled onto the the shore. The rope of the parasail snapped and both girls, who were riding in tandem, were catapulted onto a condominium near the shore, before hitting a power line or a utility pole. They crashed seconds later on top of an SUV in a nearby parking lot. Both girls were breathing at the scene, but one of them was knocked unconscious.

The statement released by the family of the two girls reads as follows: “Alexis has severe back injuries and Sidney has neck trauma. However, we are fortunately seeing some positive signs from both Sidney and Alexis. Sidney has been responsive to caregivers and has been able to use small movements to communicate including a thumbs up for her parents. Alexis had surgery (Wednesday) on her spine and has also been responsive including a small wave at her parents when she returned from surgery. Our families are incredibly touched by all the support we’ve received from friends at home and from many people we haven’t met before who are praying for our girls. While the situation is still critical we are encouraged by these very small signs of progress. We have heard from so many generous people who have offered to help and we are working to establish a fund for the medical care of both Sidney and Alexis. We will have more information on that to come. Thank you again to all who are thinking of and praying for our girls. Your prayers are working!”

Published on: May 16, 2013

County truck responsible for 7-vehicle crash and critically injured victims

By Leesfield & Partners

On May 15, 2013, County employee Alfredo Menendez was placed on leave for ramming his county truck into several stopped vehicle, causing a pileup accident at the intersection of Flagler and Lejeune Road in Miami. According to reports in the local media, witnesses saw the county truck run a red light and crash into a vehicle before swerving off the road and slam into a bus bench on Lejeune Road. The violence of the crash and the speed at which the county truck is alleged to have been traveling at the time caused a chain reaction of collisions which involved a total of seven vehicles.

Paramedics confirmed that three people were waiting at the bus stop at the time of the crash. Ambulances and firefighters were dispatched to the scene immediately. In all, five people – including the county truck driver – were transported to Jackson Memorial Hospital. One victim, 80-year-old Transito Lopez, reportedly lost a leg in the accident. His family has yet to visit with their relative who is said to be in critical condition and in a coma.

While the police investigation is still ongoing, several witnesses have come forward and shared what they saw. One person whose vehicle was involved and damaged in this accident said that the driver was not paying attention: “Very simple, that truck was on the phone, it was obvious he didn’t see the red light. How can you be going 60 miles 300 yards before a red light.”

Published on: April 10, 2013

Florida on its way to ban texting-while-driving? How a worthless piece of legislation will keep roads unsafe

By Leesfield & Partners

On April 8, 2013, the Florida Judiciary Committee approved by unanimous vote a bill (SB 52) that would ban texting while driving statewide for the first time in Florida. The bill cleared The Senate Transportation Committee last February, cleared the Senate Communications, Energy, and Public Utilities Committee in March and this week cleared the Senate Judiciary Committee. The bill can now be taken to Florida’s Senators for a final vote.

If the bill passes the Senate and the House, this will mark the first time that a ban on texting while driving becomes in effect (on October 1, 2013) after several years of futile attempts to ban texting behind the wheel.

While any ban on texting and driving is a step in the right direction, the proposed law is so meaningless in its reach that it will sadly create absolutely no incentive or deterring effects to dissuade drivers to stop texting while driving throughout the State.

Published on: March 14, 2013

13-year-old boy drowns at Disney’s Pop Century Resort in Central Florida

By Leesfield & Partners

Last Sunday, 13-year-old Anthony Johnson was rescued by his family from drowning in a Disney Resort pool near Orlando, Florida. Yesterday, the Orange County Sheriff’s Office announced that Anthony had not survived and had been pronounced dead two days later.

Anthony, from Springfield, Missouri, was spending spring break vacation with his family in Central Florida. On Sunday evening, Anthony and friends were playing in the pool of Disney’s Pop Century Resort. Moments later, Anthony was found by his cousin at the bottom of the pool, in just 4 feet of water. Anthony’s father performed CPR until paramedics arrived on scene and took over the resuscitation efforts.

It is unclear at this time what may have cause Anthony to drown. Local news ABC15 reported that there were no lifeguards on duty at the time of the incident and signs “swim at your own risk” were posted. The Sheriff’s office investigation has just begun and could reveal some important elements of answers to explain the family who just lost their young son what may have caused him to drown.

Published on: March 13, 2013

Make the right call on texting and driving

By Leesfield & Partners

TEXTING AND DRIVING Make the right call on texting and driving

By Ira H. Leesfield

After years of false stops and starts, a bill to curb texting while driving is finally building momentum in the Florida House. The current bill would impose a $30 fine for anyone texting while driving, and a $60 fine for doing so again within the same five-year period. Texting would still be allowed when stopped or at a red light.

Published on: August 28, 2012

Awareness of Florida Resort Torts heightened in fatal electrocution case of young child

By Leesfield & Partners

Ira Leesfield pushes for national attention as he appeared on Nancy Grace.

https://www.youtube.com/watch?v=dkMMPooQHhs

Published on: June 1, 2012

Florida still refuses to ban texting while driving

By Leesfield & Partners

Aaron Deveau is currently on trial, facing criminal charges including motor vehicle homicide by negligent operation, negligent operation of a motor vehicle, being an operator under 18 using a mobile phone, being an operator reading or sending an electronic message, driving over marked lanes, and two counts of negligent operation and injury from mobile phone use.

This Massachusetts criminal case could be the first landmark case in the controversial topic of texting while driving, after the 17 year-old-teenager, Deveau, collided head-on with a pickup truck on Feb. 20, 2011, and killing 55-year-old Donald Bowley.

Had this accident occurred in Florida, Aaron Deveau would be freely walking down the streets of the Sunshine State with the comforting knowledge that he will never face criminal charges. The victim’s family on the other hand would only have a civil remedy against the negligent teenager.

In 2010 the state of Massachusetts has passed a law banning the use of mobile phones while operating a motor vehicle. A contrario, Florida is one of only six states in the country which continuously refuses to ban the practice of texting and driving. In fact, this year marked the 7th year in a row that the Florida legislature could have voted on a total or partial ban of the use of handheld mobile phones while driving and adjourned without producing a single distracted driving law.

Map of USA - Texting and Driving Ban.jpg

Image above courtesy of the Insurance Institute for Highway Safety

Ira H. Leesfield, as Senior Managing Partner of Leesfield & Partners, has continuously been an advocate in favor of a total ban of the use of mobile phones when driving a motor vehicle. Recently, Ira Leesfield highlighted the main concerns and legal theories under which plaintiffs could attempt bringing civil cases against negligent drivers who caused injuries while using their cell phone: Driving + Cell Phones = Bad Call.

In an article published in the Miami Herald, Texting and driving a costly business risk, Ira Leesfield warned the corporate world of the dangers of having employees driving and using their cell phones. In 2007, an article published in the American Bar Association’s The Brief, Tort Trial & Insurance Practice Section, in which Ira Leesfield analyzes and discusses remedies and tactics for handling motor vehicle collision cases arising from cell phone use and distractions. This article can be downloaded here.
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