Fraud on the Court in a Rear-End Car Accident

I have represented thousands of plaintiffs in personal injury cases across the country since 1991, and I believe one of the surest ways a person making a claim for a personal injury can destroy the case is by providing misleadingly incomplete responses to discovery questions about previous claims and/or injuries. Failure to disclose accurate information can often lead to the defense’s asking the court to dismiss a plaintiff’s entire lawsuit and seek sanctions. When insurance is involved–as is usually the case in a Florida car accident claim–there is also criminal exposure for insurance fraud. Recently, a Florida trial court was asked to dismiss the personal injury claim of Edelmiro Duarte, who had sued Snap-On. This case was not handled by our Florida car accident law firm.  Mr. Duarte alleged that he was badly hurt when his car was rear-ended by a delivery truck owned by Snap-On. The accident occurred while Mr. Duarte was sitting in traffic on 1-75. With him in his car, which he was driving, were his girlfriend, daughter, son, and grandson. The evidence suggested that the Snap-On truck hit them at 60 miles per hour–without even applying the brakes. At the accident scene, the Snap-On truck driver failed a field sobriety test and was arrested for driving under the influence and causing serious bodily injury. The injuries were catastrophic. Mr. Duarte’s girlfriend was rendered a paraplegic. She sued Snap-On and settled her claim for many millions of dollars. Mr. Duarte’s son and grandson also sued, obtaining sizeable settlements. Mr. Duarte filed suit for his own injuries, claiming that he lost earnings in the past and future,...

Cruise Ship Injury Lawyer’s Discusses What’s in Store For the Cruising Industry

I recently had the privilege of attending the Seatrade 2017 Expo at Port Everglades in South Florida. The world’s premier convention for the cruise industry, Seatrade draws the major cruise lines’ CEOs, port of call representatives, and vendors who service the cruise industry in everything from deck flooring to uniforms. By far the biggest and most exciting topic at Seatrade 2017 is the exploding growth of the cruise industry in Asia. Southeast Asia seeks to become one of the world’s primary cruise destinations, eclipsing both Europe and the Caribbean. For some perspective, Southeast Asia has more than 25,000 islands, compared with the Caribbean’s 7,000 or so and some 6,000 in Greece–only 227 of which are inhabited. Currently, some of the most popular ports in Asia are Langkawi, Phuket, Halong Bay, and Bali. Ports in both China and India continue to grow as must-visit cruise ship destinations, spurred by the growing demand from Southeast Asia’s increasingly affluent middle class. Many commentators predict that China’s middle class will more than double to 400 million by the end of this decade. With more ships and more ports, those potential passengers will no longer need to fly to Miami or Barcelona to enjoy a cruise. According to the Cruise Line International Association (CLIA), Asia will become the second largest cruise region–with more than 3.8 million passengers. Singapore, for example, enjoyed a 16% increase in passengers from 2015-2016, and Seabourn, the luxury cruise line owned and operated by Carnival, is investing heavily in Asia, christening its largest and newest ship the, Seabourn Encore, this year. Royal Caribbean has likewise announced that it has increased...

River Cruise Accidents: Disney Announces New Fleet of Cruise Ships

European river cruises have traditionally been operated by smaller niche cruise lines, like Viking River Cruises. However, Disney Cruise Line also offers cruises down Europe’s Danube and Rhine Rivers, recently announcing six special Beauty and the Beast-themed cruises set to depart next year, to take passengers through the castle-filled countryside that inspired the film.  Onboard the ship there will be Beauty and the Beast-themed meals and a live production of the film. The highlight will be docking in the romantic French village of Riquewihr, which was purportedly Belle’s hometown in the movie.   Additionally, Disney is offering two adult-only cruises for high-brow foodies, featuring unparalleled dining experiences focused the wine-tasting, -pairing, and -making.  While in port, these gourmet passengers will dine at some of Europe’s most sought after restaurants, bakeries, and craft breweries. Disney partnered last year with two California companies called Amadeus Waterways, Inc. and AMA Waterways, which operate two river cruise ships, the 158-passenger AmaKristina–which sails through France, Switzerland, Germany, and the Netherlands–and the 170-passenger AmaViola–which sails the Danube, taking passengers through Germany, Austria (including a visit to beautiful Salzburg), Slovakia, and Hungary. INJURIES ON A DISNEY CRUISE If you are injured on a Disney ocean cruise ship or while on a Disney River Cruise because of the cruise line’s carelessness, it is important to understand the complex legal hurdles that Disney will require you to clear in order to bring a claim. As with all cruise operators, the timing, place, and method of bringing a claim are contained in the complex legal “small print” found deeply buried in the “terms and conditions” of the passenger ticket....

Suing Publix for a Slip and Fall

Publix is a supermarket chain based in Lakeland, Florida. With over a thousand stores across Florida, and nearly two hundred thousand employees, “shopping at Publix’ is an experience nearly everyone who lives and works in Florida has enjoyed. Moreover, Publix is now expanding beyond Florida, with stores in Georgia, Alabama, South Carolina, Tennessee, North Carolina, and Virginia. One day soon, we may even find Publix in New York City. Since 1991, our personal injury law firm has represented people who have been injured in Publix stores and their parking lots in a variety of cases. The most common is the slip and fall on liquid spilled in one of the aisles or in the produce department. We have seen cases where the liquid came from leaking pipes, spilled samples from vendors, customers who were eating and drinking while shopping, and many other scenarios. PUBLIX HAS A DUTY TO USE ORDINARY CARE Publix, like all Florida businesses, has a legal duty to use ordinary care to maintain its stores in a reasonably safe condition. That means that legally, not all customer slip and falls at Publix are necessarily Publix’s fault.   Take for example the case of Caridad Dominguez, who was represented by another law firm, and claimed to have fallen on a patch of laundry detergent that had seeped out of a bottle that had fallen from the shelf. According to the Court’s record, a Publix manager ran to the spot of the spilled bottle just nine seconds after the bottle fell, right to the bottle, and just four seconds later, while the manager’s back was turned, the lady...

Suing Holland America: Passenger’s Case Dismissed After Suffering Injury in Mazatlan

Cruise ship passengers who are injured while in port on excursions sold by cruise lines face a very difficult legal battle to hold those cruise lines accountable for their accidents.  Take for example the case of Gary Reming and his wife Patricia, who were passengers on a Holland America cruise from San Diego to Mexico. During the cruise, they purchased an excursion tour for the Port of Mazatlan, Mexico, operated by a Mexican company called Tropical Tours. The tour took them to a place called the Cliff Diver’s Plaza, where Mr. Reming fell and sustained very serious injuries when the pavement he had been walking on collapsed beneath him Mr. Reming, who was represented by another law firm, filed a personal injury case under federal maritime law against Holland America in federal court in the state of Washington, claiming that Holland America was negligent. He asserted various theories of liability, including a claim for negligent misrepresentation and deceit. The trial court judge dismissed his entire claim after Holland America moved for summary judgment. Mr. Reming appealed, and the dismissal was affirmed, meaning that he received nothing from Holland America for his accident and injuries.1Reming v. Holland America Line Inc. United States Court of Appeals, Ninth Circuit. October 14, 2016 662 Fed.Appx. 507 2016 WL 5956740 14-35249. Passenger injury cases against cruise lines like Holland America are governed by maritime law–even when the accident occurs off the ship, in port, and on an excursion.  In these types of cases, a cruise line operator’s legal responsibility is to “exercise reasonable care to the passenger under the circumstances.” The trial court found...
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