South Florida Car Accident Lawyer Blog

A wreck that critically injured one man and sent him and three others to the hospital this morning began when the car he was in ran into the back of a tractor trailer, spun into the median wall and hit another car on the way, Florida Highway Patrol spokesman Lt. Tim Frith said.

The wreck snarled morning traffic, at one time prompting the closure of all southbound lanes of Interstate 95 where it passes over Linton Boulevard in Delray Beach. The highway has since reopened.

The crash happened at 6:11 a.m., FHP reports.

Three people were traveling in the Mercury sedan when it hit the tractor trailer. A man traveling as a passenger in the car was the most seriously injured, but the driver and another passenger also went to Delray Medical Center, Frith said.

Frith did not release the passengers' names, but did say the car had Kentucky plates.

As the car spun into the median concrete barrier, it hit a Toyota. The driver in that car was taken to the hospital as a precaution, but is expected to be released today, Frith said.

The truck's driver was unharmed, he said.

The Florida Highway Patrol used an airplane Thursday night to track down drivers racing on the Palmetto Expressway.

This month, two people died after a Camaro came apart and was torn into two during a race down Interstate 95, according to police.

FHP used a plane Thursday night to fly over drivers on the Palmetto and check their speeds. That allowed troopers on the ground to drop the checkered flag on six people, police said.

The fastest one was going 103 mph, accordingThis month, two people died after a Camaro came apart and was torn into two during a race down Interstate 95, according to police.

FHP used a plane Thursday night to fly over drivers on the Palmetto and check their speeds. That allowed troopers on the ground to drop the checkered flag on six people, police said.

The fastest one was going 103 mph, according to police.

Southbound traffic on Federal Highway was reduced to a single lane Friday morning when a landscaper trimming trees from a cherry picker was struck by a passing 18-wheel tractor trailer.

The landscaper was trimming tree branches in front of the Boston Market restaurant at 2421 N. Federal Highway around 9 a.m., an official said.

"The driver of the 18-wheeler didn't see him in the trees and clipped the bucket," said Pompano Beach Fire Rescue Shift Battalion Chief Jorge Rossi. "The bucket fell about 15-feet and shattered."

Rossi said the landscaper was wearing a safety lanyard that attached him to the bucket and that the man fell straight down.

"He was a little dazed," Rossi said of the landscaper's condition when responders found him. "He has a concussion and facial injuries and right now, he's stable. It could have been a lot worse."

The landscaper was taken to North Broward Medical Center. The truck driver stopped after the collision and talked with a Broward Sheriff's deputy, Rossi said.

The Broward Sheriff's Office has not yet released the identities of the driver and landscaper.

On March 19, 2006, plaintiff's decedent Lorraine Swavely, 62, a retiree, underwent surgical drainage of her pericardium, which is the thin protective sac that surrounds the heart. The pericardium had accumulated an excessive amount of fluid, and the condition could have compromised the function of her heart. Thus, Swavely underwent a "pericardial window" drainage, which was performed by Dr. Zhandong Zhou, at Cardiac Surgery Associates of CNY, P.C., in Syracuse. During the procedure, Zhou unintentionally punctured the right ventricle of Swavely's heart. A respiratory ventilator was not immediately available, and Swavely suffered bleeding that caused anoxia and the death of her brain. She died March 22, 2006.

Swavely's oldest son, William Swavely, acting as the administrator of his mother's estate, sued Zhou and Cardiac Surgery Associates. The estate alleged that Zhou failed to properly perform the surgery, that his failure constituted malpractice and that Cardiac Surgery Associates was vicariously liable for Zhou's actions.

The estate's counsel claimed that the puncture occurred after Zhou had successfully, safely and adequately drained Lorraine Swavely's pericardium. He contended that Zhou wanted to ensure that he had drained all of the pericardial fluid.

Defense counsel contended that Swavely's injury was a common, known risk of the procedure that Zhou performed. He argued that the injury could not have been prevented.

Swavely's estate sought recovery of wrongful-death damages that included damages for Swavely's conscious pain and suffering.

The jury rendered a defense verdict. It found that Zhou departed from an accepted standard of medical care, but it determined that the departure was not a substantial cause of Swavely's death.

Judge James Murphy denied plaintiff's counsel's motion for judgment notwithstanding the verdict. Plaintiff's counsel has appealed.

Safety concerns cut short an annual pumpkin smash-and-slide staged by students at an Ohio high school.

In a tradition going back to 1969, juniors and seniors from Chagrin Falls High School near Cleveland take pumpkins to the top of a hilly street, smash them on the pavement and use the mess to slide down on sleds or trash can lids.

WEWS-TV reports that what's known as the pumpkin roll began Thursday morning just after midnight but was brought to an early end by police about 45 minutes later. Officers said there were too many hillside collisions and minor injuries this year.

One student told the television station her leg got caught between three sleds

Three people were taken to local hospitals Wednesday after a two-vehicle collision on Fairfield Drive near Pond Valley Drive.

The driver of a Pontiac Montana was taken by helicopter to Baptist Hospital.

"She had some pretty serious injuries," Florida Highway Patrol Trooper Mike Black said.

An 18-year-old and a child who were traveling in a Jeep sport utility vehicle were taken by ambulance to Sacred Heart Hospital.

The accident happened about 3:30 p.m. as the Jeep was headed south on Fairfield Drive.

The SUV went into the northbound lane after traffic in front of the vehicle came to a stop, Black said.

The vehicle collided head-on with the van, which was traveling in the northbound lane, Black said.

The names of the injured were not immediately available.

The Highway Patrol is investigating.

On March 4, 2007, plaintiff Raul Villalobos, 30s, a machine operator, was walking in the parking lot of Escapade 2001, a Dallas nightclub, when he was struck by an unmanned car. The standard shift car, which had a remote-controlled starter system, had been driven by to the club Juan Aparicio and parked by employees of Classic Valet Inc. The remote starter had been installed by Surround Sound Inc.

Villalobos sued Classic Valet and Aparicio, claiming negligence, and the Escapade Club Corp., claiming premises liability. Villalobos claimed that Classic Valet had negligently parked the car in first gear and without engaging the parking brakes, allowing it to roll forward and strike him when the remote starter was engaged. The plaintiff claimed Aparicio negligently started the car and failed to inform Classic Valet or Escapade of the remote starter. The plaintiff also claimed Escapade failed to provide proper barriers to protect pedestrians in the parking lot.

Classic Valet claimed that Aparicio started the car, while Aparicio claimed that Classic Valet employees did. Escapade claimed the parking lot was safe and argued Villalobos was intoxicated and had left the designated pedestrian area of the parking lot.

Classic Valet named Surround Sound as a third-party defendant, claiming negligence. Classic Valet claimed Surround Sound violated industry standards by installing a remote starter in a standard shift car.

Surround Sound denied negligence. Surround Sound claimed no industry standards exist concerning the installation of remote starters in standard shift cars.

Villalobos fractured his right ankle, which required internal fixation and claimed soft-tissue injuries to his right knee. He claimed the ankle fracture continues to cause him pain and difficulty walking, and that the surgery left a 7-inch scar. He sought $33,000 for past medical expenses and an unspecified amount for past and future pain and suffering, physical impairment and disfigurement.

Judge Ken Tapscott issued a directed verdict for Surround Sound. The jury found Aparicio 10 percent liable and Escapade 90 percent liable, and Classic Valet and Villalobos not liable. The jury awarded Villalobos $78,000.

Raul Villalobos

$33,000 Personal Injury: Past Medical Cost

$15,000 Personal Injury: Past Physical Impairment

$10,000 Personal Injury: Past Pain And Suffering

$10,000 Personal Injury: Future Pain And Suffering

$5,000 Personal Injury: Past Disfigurement

$5,000 Personal Injury: Future Disfigurement

A student from Seminole Ridge High School remains in serious condition after being struck by a bus Wednesday morning.

Palm Beach County Sheriff's Sgt. John Churchill said Ryan Garcia, 17, of Loxahatchee, was flown to St. Mary's Medical Center in West Palm Beach.

Churchill, a traffic homicide investigator, said Garcia was crossing Seminole Pratt-Whitney Road in a crosswalk, from east to west, when he was struck by the school bus.

A release by the Sheriff's Office later in the day said the bus was exiting the school and turning left onto northbound Seminole Pratt-Whitney. When the light turned green, the driver accelerated but did not see Garcia.

The driver has been identified as Johnny Burroughs Sr., 54, of Belle Glade.

Teri Barbera, spokeswoman for the Sheriff's Office, said Garcia's injuries were mostly in the ear area and are not considered life threatening.

No students were on the bus at the time of the accident, which took place at 4601 Seminole Pratt-Whitney Road, near the high school.

Lighting, fog and Garcia's dark clothing contributed to the accident, according to an investigation report.

A man was killed Wednesday night when the motorcycle he was driving crashed into the back of a van, police said.

The accident happened shortly before 9:45 p.m. near Pines Boulevard and 96^th Avenue.

According to police and witnesses, Anthony Thomas Mignone, 27, was riding a 2008 Honda motorcycle westbound on Pines Boulevard when it collided with an eastbound 2000 Dodge van that was making a left turn on 96^th Avenue.

Mignone, who lived in an apartment along the 1200 block of Southwest 134^th Way in Pembroke Pines, was taken to Memorial Regional Hospital in Hollywood where he died from his injuries, police said.

The driver of the fan, Rashford L. Johnson, of Pembroke Pines was not hurt.

An investigation into the crash continues, police said.

Three major wrecks on Interstate 595 in the last four weeks have served as a major wakeup call for commuters.

It's not going to get any easier.

From now until 2014, I-595 will offer narrower lanes in spots, little or no shoulders and changing traffic patterns as Broward's only east-west expressway is modernized with more than $1 billion in upgrades.

All it takes is one wreck to sour the day of thousands of drivers. Friday morning, for example, westbound I-595 was shut for nearly three hours after two separate pileups between the Pine Island Road and Nob Hill Road exits.

Ground zero for construction is near Pine Island Road and near the interchange with Florida's Turnpike. But by the end of the year, the entire 10.5-mile stretch of I-595 from east of State Road 7 to I-75 will be a work zone.

"The lanes have shifted and it's been challenging just staying in your lane and keeping track of where the lane is going," said John Sternal of Plantation, who commutes daily on I-595. "If this is only the beginning I'd hate to wonder what the commute will be like when the work is at full-speed."

Crashes on I-595 have increased 10 percent from March to September this year, compared with the same period in 2009. Construction began on February 26, 2010.

From March to September 2010, there were 272 crashes. For the same seven months in 2009, 247 crashes were recorded.

Two months, June and July, are responsible for most of the spike. In August, accidents decreased. And in September, there was only one more than last year. Numbers for October aren't available.

I-595 Express, a concessionaire headed by Spanish construction giant ACS Infrastructure Development, is rebuilding I-595 with reversible express lanes, crisscrossing ramps and new outside lanes to ease merging between interchanges.

In July 2009, the concessionaire took over running and maintaining I-595 for the next 35 years.

It now is responsible for everything from filling potholes, repairing guardrails and removing graffiti to picking up litter, monitoring traffic cameras and displaying messages on electronic signs. It also operates the Road Rangers around the clock on I-595, with a goal of responding to wrecks and disabled vehicles within 15 minutes. So far, officials say the courtesy patrol trucks are responding in less than five minutes.

The I-595 concessionaire is relying on an initiative that was developed by Florida's Turnpike in 2004 that gives towing companies bonuses for clearing major wrecks in 90 minutes or less, or charges them penalities if they don't.

It's called Rapid Incident Scene Clearance and it's usually reserved for wrecks involving big rigs and hazardous fuel spills that close or block lanes for an extended period.

It's been deployed three times on I-595 since July 2009, but not for any of the three wrecks this month that closed one side of the highway or blocked more than one lane.

Only minor injuries were reported in each case. But the impact on traffic was much more severe.

In the two pileups that occurred Friday, officials said it took longer than 90 minutes to reopen the westbound lanes because hazmat crews had to clean up 30 gallons of chlorine spilled from a pool-cleaning truck involved in the first wreck.

The truck was one of three vehicles involved. Five other vehicles crashed in a second pileup in an attempt to avoid the first crash. The pool truck driver and four drivers in the second pileup all were cited with failure to use due care.

Although the pileups occurred in the construction zone, troopers said construction itself was not a factor.

On October 19, a dump truck overturned in the median of eastbound I-595 at the Hiatus Road overpass after the truck's left front tire blew and the driver lost control. It took longer than 90 minutes to open all lanes because there was structural damage to the bridge.

On October 8, a horse trailer jackknifed on eastbound I-595 at Hiatus Road. The highway was reopened in 90 minutes.

Both the October 8 and 19 crashes occurred in an area that's not actively under construction.

"There are some circumstances such as when there is a fatality that we have to wait until troopers are finished gathering evidence before we are allowed to touch anything," said Catherine Werner, operations supevisor for Jorgensen Contract Services, a subcontractor in charge of operations and maintenance of I-595.

"In other instances involving a hazmat spill or if there is structural damage, we can't open all lanes" in 90 minutes, she said.

Natalia Diaz, who drives I-595 from Weston to Plantation, said on-looker delays can just be as maddening for drivers on the opposite side of the highway where all lanes are open. Curious drivers slow down to look at the accident scene and the cleanup.

"Many of the shoulders are closed and it restricts emergency vehicles from getting to accident sites in an efficient manner," she said.

The normal posted speed limit on I-595 is 65 mph. But if workers are present and if lanes are closed, the 55 mph speed limit applies. Typically, this occurs only at night.

Fines automatically are doubled if you get pulled over for speeding in the construction area. A driver ticketed for going 15 to 19 mph over the speed limit will get a $405 fine. If caught going 20 to 29 mph over the speed limit, you'll face a fine of $455.

Florida Highway Patrol Sgt. Mark Wysocky said recent accidents are a reminder that drivers need to be patient and pay attention to signs.

"There are several different areas where lanes have been shifted," he said. "Not all areas are under construction and we're going to see a lot more."

A construction worker is dead after being struck at about 8 p.m. Monday night while setting up a lane closure on U.S. Highway 98 near the intersection of Woodlawn Beach Road.

The driver who struck 42-year-old Darrell D. Perkins left the scene, but was found early Tuesday morning and charged with DUI manslaughter, driving while license was suspended in an accident involving death and leaving the scene of a fatal crash, according to a Florida Highway Patrol medial release.

Wanda S. Wallace, a 50-year-old Gulf Breeze woman, has been booked into the Santa Rosa County Jail.

Perkins and other construction workers were closing the left inside lane at the time of the accident. He had just set up a reflective barrel and was walking away when he was struck. He was propelled forward by the impact, the report said.

Perkins was pronounced dead at the scene.

The car that struck him drove away, but left the left side mirror and paint chips at the scene.

The car and driver were later located at 1947 Diplomat Street in Gulf Breeze.

Wallace was not injured in the crash.

A man who accidentally ran over and killed his girlfriend's 2-year-old child with his truck Monday evening in Lake County was distraught, according to the Florida Highway Patrol.

Charges are still pending for Jose Baizabal, 26, of Clermont, who killed Natalie Santiago when she darted out in front of his 2002 Dodge pickup around 7:20 p.m.

"The Lake County Sheriff's Office had their chaplain comfort both the mother and her boyfriend who were devastated, according to troopers who were on the scene," Montes wrote in an e-mail to the Orlando Sentinel.

The investigation is ongoing, and it is still undetermined if any charges will be filed, said Sgt. Kim Montes of the highway patrol. It is unlikely that any criminal charges will be filed, she said. If Baizabal is charged with anything, it will happen after the investigation is complete, which would take up to 90 days, Montes said.
Baizabal had been helping the toddler's mother move her belongings and didn't know the girl was outside, according to a highway patrol report. He pulled his pickup truck forward and the left front side of the vehicle ran over the 2-year-old girl, according to the report.

Natalie died at South Lake Hospital from her injuries.

The accident happened on Buckhill Road at County Road 455, near Clermont.

Attempts to reach Baizabal or the girl's mother were unsuccessful.

"This is truly a tragedy and a reminder to other parents about the dangers of small children around vehicles," Montes said.

Nationally, 187 children have died this year through September 2010 in accidents specifically related to being hit or run over by a vehicle, according to KidsandCars.org, a Kansas-based organization looking to prevent children from being hurt or killed in such accidents.

And the number of accidents involving children being killed because they were hit by the front of a vehicle — like in this Clermont case — have risen above any other kind of related deaths, including being hit from a vehicle moving backward, said Janette Fennell, founder and president of KidsandCars.org.

"This year, by itself, the number one cause of death [in these type of accidents] had to deal with frontovers," Fennell said. "It's frightening."

Fennell said it's easy for people to misunderstand how someone could pull forward with a vehicle and not see a small child. With large vehicles, such as Baizabal's pickup truck where the driver's view is high off the ground, it becomes difficult to see a small child darting in front of the car, Fennell said.

Also, children may think they are easily visible to the driver.

"They don't have the cognitive ability to know they're putting themselves in danger," Fennell said of young children like Natalie. "They think, 'I can see the truck so he must be able to see me. It's a very naive and impulsive thing to do, but it happens all the time."

A silver sedan rammed into a carwash business Monday, slightly injuring a worker's leg, a fire-rescue official said.

Broward Sheriff Fire-Rescue responded about noon to the site in the 3500 block of West Oakland Park Boulevard, said Mike Jachles, a fire-rescue spokesman.

Paramedics treated the employee at the scene, Jachles said.

The car went through one wall at the business and came to a stop after striking another wall inside.

Paramedics also evaluated a man in his 20s for a shoulder injury, while Fort Lauderdale police detained him in handcuffs. It was unclear whether the handcuffed man was the driver. He also didn't need to be taken to the hospital, Jachles said.

Fort Lauderdale police are investigating.

The plaintiff was taken from the scene via ambulance to a hospital in North Carolina. Nine days later he was airlifted to a Level-1 trauma center in Tampa. The plaintiff suffered fractures to his thoracic and lumbar spine. He underwent a fusion with screws from T-9 through L-2, as well as a decompressive laminectomy at each level in addition to bone grafting from his hip to the spine.

The plaintiff suffered nerve damage to his left leg and ankle as a result of the accident. He claimed that the leg muscles have atrophied to about half of their original size. He underwent an unsuccessful surgery in Texas, where nerves were taken from other parts of his body and implanted in the leg. The plaintiff spent about two months total in the hospital, followed by about six weeks of inpatient rehabilitation and about one year of outpatient rehabilitation. The plaintiff claimed that despite treatment, he walks with a permanent limp and suffers from daily pain and an overall decreased range of function and motion. He also visits a pain management doctor for follow-up care.

The plaintiff claimed that he is at greater risk for degeneration and arthritis in the future. Plaintiff's counsel contended that the plaintiff will likely be using a walker by the time he is 40, with his condition eventually degenerating until he is confined to a wheelchair. They also contended that the plaintiff is a candidate for a future ankle fusion, removal of hardware from the spine and another spinal fusion at the upper and lower levels of the vertebrae. In addition, plaintiff's counsel contended that the plaintiff will need future physical therapy, adaptive care such as wheelchairs and continued pain management.

Defense counsel argued that the plaintiff had made a good recovery and pointed to videos and Facebook postings of the plaintiff engaging in sports, such as volleyball, post-accident.

The jury found Idlewild 95 percent negligent and the teenager's mother 5 percent negligent. Thus, the $5 million verdict was reduced to $4.75 million.

J. J.

$224,405 Personal Injury: Past Medical Cost

$1,000,000 Personal Injury: Future Medical Cost

$1,000,000 Personal Injury: Past Pain And Suffering

$2,775,595 Personal Injury: Future Pain And Suffering

Post-trial motions are pending

A driver was killed overnight in a single-car crash in Palm Bay that split the car apart, police said today.

Mauro Rene Delatorre, 23, of Palm Bay, was thrown from his 1995 Honda Civic during the 1:15 a.m. crash on Minton Road at Americana Boulevard, officers said.

The Honda was speeding south on Minton when it crossed the concrete median and hit a concrete pole and a power pole at the southeast corner of the intersection with such force that the car broke into two pieces, police said.

A bicyclist was struck by a vehicle Saturday afternoon.

Santa Rosa Beach resident Margaret K. Roth, 51, was taken to Sacred Heart Miramar Beach with minor injuries.

Roth stopped on the southeast corner of County Roads 30A and 83 at about 1:25 p.m. According to a media release from the Florida Highway Patrol, Roth was on the sidewalk trying to decide which route to take.

William S. Smith, 60, a resident of Winchester, Tenn., had stopped on County Road 83 in his 2008 GMC 4-door. He was waiting to make a left turn onto C.R. 30 A.

As Roth entered the crosswalk, Smith made his left turn and struck Roth's bike. According to the release, the impact knocked Roth off of her bike.

Smith was not injured in the wreck. He was wearing his seatbelt. According to the FHP report, he was cited for failure to yield the right of way to a pedestrian entering the crosswalk.

The Miami-Dade Police Department is searching for the driver who hit and killed a pedestrian early Saturday.

That victim has been identified as 26-year-old Jerrick Moore.

Police said Moore was crossing Southwest 117th Avenue near 187th Street when he was hit by a car. The car then left the scene of the crash.

Moore was airlifted to Ryder Trauma Center at Jackson Memorial Hospital where he died.

Witnesses at the scene were able to provide police with a description of a car that they said was stopped on the shoulder of the road immediately after the crash. However, they were not sure if the driver of that car was responsible for the crash or just witnessed it.

Police said that vehicle was a silver Lexus or Infiniti.

A 20-year-old woman was arrested after she allegedly attacked her live-in boyfriend.

About 8:30 p.m. Sept. 16, the boyfriend Alisha Monique Williams walked out of their apartment on Airport Road to “cool off” from an argument, but she followed him into the parking lot and they kept arguing, according to an Okaloosa County Sheriff's Office arrest report. Williams got into their black Ford Expedition and began chasing him.

The boyfriend later told lawmen he was in fear for his life of being hit by the vehicle and took off running, the report said. Williams crashed the SUV into some palm trees in the middle of the apartment complex. The man wasn't hit.

Williams later said she did not intend to hit him with the vehicle, only to catch him and hit him with her fist, the report said. She said her boyfriend had hit her prior to the chase.

Williams was charged with aggravated assault with a deadly weapon without the intent to kill.

U.S. health officials say fatal car crashes involving teen drivers fell by about a third over five years. Thenumber of teen deaths dropped dramatically from about 2,200 in 2004 to 1,400 in 2008.

The Centers for Disease Control and Prevention says several factors might explain how more lives are being saved. Cars are

safer and many states have tougher driver's license laws that limit when teens can drive.

The new report looked at accidents with drivers who were 16 or 17. Deaths rates varied widely by state. Wyoming had the highest death rate and New Jersey and New York the lowest. The fatality rate among teen drivers has been dropping since 1996.

On July 2, 2006, plaintiff Sang Mook Lee, 43, a professor at Seoul National University, was on a joint field trip with Seoul National University and the California Institute of Technology (Caltech) when a Ford E350 van, driven by Lee, lost control and rolled over on Soda Lake Road at Carrizo Plain in rural San Luis Obispo County.

Lee and his wife, Hee-Jung Kim, sued Caltech and Ford Motor Company. They alleged against Ford that the 1998 E350 Econoline van was defective in design because it lacked adequate crash-worthiness to protect occupants from roof crush in a rollover. Lee presented evidence that Ford had no roof strength standard for its large 12 and 15 passenger vans and that the strength-to-weight ratio of the roof of Econoline vans was less than 1.5.

Against Calthech, the plaintiffs claimed that the van following Lee had contributed to the rollover.

In addition, Quigley Motors Inc., the 4-wheel drive manufacturer for the Ford E350 vans, settled with the plaintiffs prior to trial for $825,000. Kim also settled with Ford for $25,000 and Caltech for $50,00 prior to the beginning of the trial, leaving only Lee as the remaining plaintiff at trial.

Both Ford and Lee claimed that the Caltech van following Lee in the caravan of field trip vehicles lightly impacted Lee's van while in a dust cloud, causing Lee's van to lose control and roll over. Both parties further claimed the following van impacted Lee's van a second time after the rollover. Lee and Ford claimed the dust conditions immediately before the rollover were so thick and the impact was so slight that the driver and the front passenger of the following van could not see, hear or feel the alleged impact that caused Lee's van to roll over.

Caltech agreed that a post-rollover impact occurred between Lee's van and the following van, but witnesses and Caltech's expert testified that no pre-roll impact occurred. The driver and front passenger of the following van both testified that they never felt, heard or saw their van impact Lee's van prior to the van rolling, and that the dust was not bad enough to prevent them from seeing the van a few feet away.

According to defense counsel for Caltech, Caltech's accident reconstruction expert testified that Lee's and Ford's experts ignored available evidence demonstrating that Lee had driven the van off the road and over-corrected, thereby losing control and rolling the vehicle. According to the plaintiff's counsel, the defense expert did not give this opinion. Rather, plaintiff's counsel claimed the expert did not even do a reconstruction of the movement of the vehicle prior to the rollover and instead simply offered the opinion that there was no contact between the van driven by the other driver and the van driven by Lee.

Lee further claimed that Caltech should have trained its drivers on how to operate the Ford E350 vans on dirt roads in dusty conditions. Caltech witnesses testified that all drivers of the Ford E350 vans were given an orientation to the vans and were only allowed to drive if they were properly licensed.

Ford contended that Lee's injuries occurred from the action of Lee's body "diving" into the roof before it deformed in the rollover, and therefore, the design of the roof was not a cause of the injury.

Lee sought recovery of damages for medical bills and pain and suffering.

Ford contended that Lee's injury occurred from "diving" before the roof deformed in the rollover, and therefore the design of the roof was not a cause of the injury.

The jury rendered a mixed verdict. It found that Caltech was not liable, that Ford was 65 percent liable and that Lee was 35 percent liable, with damages totaling $4,697,347.

After reduction for comparative fault and the inclusion of the prior settlement from Quigley Motors and the settlements for Lee's wife, the plaintiffs recovered a total of $3,953,275.55.

Sang Mook Lee

$1,247,347 Personal Injury: Past Medical Cost

$1,200,000 Personal Injury: Future Medical Cost

$750,000 Personal Injury: Past Pain And Suffering

$1,500,000 Personal Injury: Future Pain And Suffering

Her life ended just as she found happiness in South Florida, reveling in long runs in the sun and spending time with her new boyfriend, whose family she was eager to meet.

Amanda Elizabeth Antinoro, 25, moved with her mother from New York to Hollywood in February. The runner in training for an upcoming Virginia marathon met her boyfriend in May, volunteered with groups that help turtles and feral cats, and moved into her own apartment near Fort Lauderdale beach last week.

Just before 7 a.m. Sunday, on her way to a beachside jog, Antinoro was crossing State Road A1A at East Sunrise Boulevard when a car struck her. She was rushed to Broward General Medical Center, where she died that evening.

"In my mind, I picture that the last thing that she saw was the beach and the sunrise," said her grieving mother, Elizabeth Antinoro, 51, of Hollywood.

A 2009 Honda driven by Whitney Bryce Gibbs, who will turn 27 on Friday, was in the right southbound lane of A1A when it struck Antinoro, Fort Lauderdale police spokesman Frank Sousa said.

Gibbs, who has a prior DUI conviction and faces a pending DUI charge from last year, stayed at the scene and waited for officers to arrive. No charges from Sunday's crash have been filed against him, and the investigation may take six months to a year.

Elizabeth Antinoro described how her eldest daughter will never become a registered dietitian, as she had hoped.

Amanda Antinoro, a native of Fairport, N.Y., obtained a bachelor's degree in communication and psychology in June 2007 from University at Buffalo-theState University of New York.

Antinoro planned to enroll in graduate school to become a dietitian, but in the meantime, she had two jobs, as a café employee and a restaurant hostess in the Fort Lauderdale area.

She had proven herself as a runner by participating in two full marathons, covering the 26.2 miles in about 4.5 hours each time. She ran races in Rochester, N.Y., Naples and Fort Myers, and won awards and trophies for her age group.

She volunteered with animal-friendly groups, including Dania Beach-based Cat Pals, a cat rescue and feeding organization.

"Anything that possesses a heartbeat, she always put before herself," said her boyfriend, Andrew Morgan, 26, of Dania Beach.

This past weekend, as Morgan was returning from his hometown of Chicago, he told Antinoro his parents were looking forward to meeting her. "It made her happy to know that," he said.

It was unclear where Gibbs, the driver, was headed when his car struck and killed Antinoro. The Hilton Fort Lauderdale Beach Resort, where he works, is a half-mile south of the site.

Born in Columbus, Ohio, Gibbs obtained a bachelor's degree in political science from Florida State University in 2007. He was living in a Lauderdale-by-the-Sea condo as recently as last year. A woman at his listed address said Wednesday he no longer lives there.

A separate DUI case from November is pending against Gibbs in Miami-Dade County, and he has pleaded not guilty.

His Coral Gables attorney, Michelle Estlund, could not be reached for comment Thursday despite a message left with an aide at her office.

He has one prior DUI conviction from a hit-and-run case involving property damage in Tallahassee, state records show.

While his driver's license was valid at the time of Sunday's crash, Gibbs lost his license in 2006 because of the Tallahassee DUI and got it back in February 2009, the records show.

Gibbs declined to comment Wednesday through a co-worker at the Hilton, where he works as a manager, according to Gibbs' online work profile. He tried to have hotel security remove a reporter from the premises.

Through the week, news of Antinoro's death spread to her friends across the country.

Emily Dygve, a special-education teacher in Falls Church, Va., said she "will be extremely missed."

"She was caring, kind, hilarious, beautiful, and the best friend anyone could ask for," she said.

When Antinoro died at the hospital, she bequeathed one last expression of her giving nature.

"She donated all her organs," Elizabeth Antinoro said. "She was able to help a lot of people."

Aside from her mother, Antinoro is survived by her father, Tony Antinoro, of Fairport, N.Y.; her brother, Frank, 23; and her sister, Carly, 20.

Antinoro's body will be flown to Fairport, N.Y., and a public viewing is scheduled for Sunday. Instead of flowers, the family requests donations to Cat Pals Inc.

Anyone with information about the crash can call Traffic Homicide Investigator Donald Goedke at 954-828-5754 or Broward County Crime Stoppers, anonymously, at 954-493-TIPS (8477).

The westbound lanes of Interstate 595 near South Nob Hill Road reopened shortly before 10:45 a.m. Friday following the cleanup of chlorine and acid that spilled from a pool-cleaning truck in one of two earlier accidents the ultimately involved eight vehicles, the Florida Highwat Patrol said.

The pool-cleaning truck was one of three vehicles that crashed in the first pile-up before 8 a.m. in the westbound stretch of Interstate 595 between South Pine Island and Nob Hill roads, according to FHP Sgt. Mark Wysocky. The second pile-up, involving five vehicles, occurred immediately after in the same area, he said.

The westbound lanes of I-595 were closed as environmental-protection officials made sure the chemicals could be safely removed.

No one was seriously hurt in the two accidents, Wysocky said, adding that he was unaware of anyone being taken to the hospital.

Closing the westbound lanes of 595 during the morning rush caused massive delays for motorists in both directions as curious eastbound drivers slowed down to look at the accident scenes and the clean-up.

The cause of the collisions is under investigation

A 31-year-old Winter Haven woman was struck and killed by a hit-and-run driver Wednesday morning in Haines City, according to the Polk County Sheriff's Office.

Jacquelin Adele Sleght of 703 Lake Dexter Drive was struck about 8 a.m. as she walked west on Hinson Avenue after leaving a home on Wren Road where she worked as a home health-care provider.

She died at the scene, according to reports.

Sleght was struck by either a 2001 to 2005 light-colored Ford Ranger or Mazda B2200 pickup, reports said.

The vehicle has damage to the passenger side headlight, turn signal and side mirror, Wood said. The truck was last seen traveling west on Hinson Avenue.

The accident was reported by a passing driver, who called the Haines City Police Department about 8 a.m., officials said.

Haines City police requested the assistance of the Polk County Sheriff's Office and sheriff's homicide investigators are now handling the case, Wood said.

The Sheriff's Office asks that anyone with information call 863-298-6200.

'Desperate Housewives' star Eva Longoria Parker was involved in a minor traffic accident in Hollywood on Wednesday. Los Angeles Police Sgt. Kara Silverstein says the actress was heading east on Hollywood Boulevard at about 7:30PM when another driver made an unsafe left turn into a parking lot and hit Longoria Parker's car. Silverstein says the actress complained of pain but was not seriously hurt.
The accident is under investigation, and it is believed Longoria had just left her restaurant, Beso, when the accident occurred.

Longoria Parker plays the role of Gabrielle on ABC's long-running hit 'Desperate Housewives.'

Police have ruled out any possibility that texting while driving was to blame for the fatal car crash of Beverly Hills plastic surgeon Frank Ryan. "His Jeep drifted to the right, ran off the roadway, and overturned down a rocky embankment," the California Highway Patrolsaid in a statement. "There was no evidence of any other contributing factors in the cause of this collision."

Ryan, 50, the plastic surgeon known for Heidi Montag'ss dramatic 10-procedure makeover, was killed in a one-car accident in late August. The accident occurred off the Pacific Coast Highway near Malibu. Ryan was reportedly trapped in the vehicle with major head injuries and died at the scene.

Before the accident, Ryan had been hiking with his border collie, Jill, and shared a photo on Twitter. At the time, California Highway Patrol believed Ryan was texting before the crash, but officials issued findings without any mention of texting and driving.

The 17-year-old senior who lost a leg in a crash at Archbishop McCarthy High School Wednesday is identified as Palida Pongpluempitichai, of Hollywood.

The girl's leg was severed after a Toyota Corolla driven by Marie Baguidy, 71, of Pembroke Pines traveled in reverse from a road at the north exit of the school onto a sidewalk, officials said.

Pongluempitichai did not see the car coming that hit her before striking a concrete post, according to a press release from the Broward Sheriff's Office.

Another student, Aaron Herrera, 15, of Pembroke Pines was standing with the girl but saw the Toyota approach and was able to dive out of the way, the release states.

Herrera was treated for a minor hand injury at Memorial Hospital West, where Baguidy was also taken as a precaution, according to Broward Sheriff's spokesman Mike Jachles. He said Baguidy was on school property to pick up two grandchildren.

Officials are not releasing information about Pongluempitichai's condition. She was acting as an ambassador to eighth-graders visiting from a half-dozen Miami-Dade and Broward schools when the incident occurred. She was flown by helicopter to Memorial Regional Hospital in Hollywood.

"She is lucky to be alive," Jachles said Wednesday afternoon.

The private high school at 5451 S. Flamingo Rd. is operated by the Archdiocese of Miami. A prayer service was held at 9 a.m. Thursday in the high school's student center,

Archdiocese spokeswoman Mary Ross Agosta said counselors would be available for students, teachers and administrators at the school.

This has been a tough month for the Archbishop McCarthy community.

On Oct. 5, former students Kevin Anthony O'Connell and Ian Michael Guckian, both 18, died in an early morning car crash near Miramar Parkway. The best friends shared a funeral Mass.

"The student body is traumatized and in shock, realizing this is a tragic accident," Ross Agosta said after the injured were transported to hospitals.

Broward Sheriff homicide detectives are investigating the cause of the crash, Jachles said.

On Sept. 1, 2007, plaintiff Blake Hunt, 17, a high school student, sustained a paralyzing injury while he was scrimmaging with a football team in the city of New York's Public Schools Athletic League.

Hunt sued the league's operator, the Public Schools Athletic League; its parent organization, the Department of Education of the City of New York; the operator of the field on which the incident occurred, the New York City Department of Parks & Recreation; and the field's owner, the city of New York. Hunt alleged that the PSAL negligently failed to properly instruct him, that the Department of Education of the City of New York was vicariously liable for the PSAL's failure, and that the city and the New York City Department of Parks & Recreation failed to properly maintain the playing field.

Hunt's counsel ultimately discontinued the claim against the city of New York. The matter proceeded against the remaining defendants, though Hunt's counsel did not pursue the claim against the New York City Department of Parks & Recreation.

Hunt's counsel claimed that Hunt's accident was a product of Hunt using an improper technique while tackling another player. He contended that Hunt was not properly instructed, as a result of not having attended all of the 11 practice sessions that the PSAL requires before a student is allowed to participate in a scrimmage against another team. Hunt had missed the first five days of practice, which involved only conditioning and readiness training. When he joined the team, he had to undergo the five days of conditioning and training. Thus, when the 11 practice sessions were complete, Hunt had only been involved in one of the six intra-squad full-contact scrimmages that were part of the 11-session regimen. Hunt's counsel contended that Hunt should not have been permitted to participate in the inter-squad scrimmage that ultimately led to his injury.

Defense counsel contended that Hunt had been well-coached and had received tackling training earlier that summer, in a state-commissioned program. He claimed that Hunt's injury occurred during a routine tackle and was thus a natural consequence of the game of football, and he contended that Hunt assumed the risk of such an injury.

Hunt sought recovery of damages for his past and future pain and suffering.

During the trial, the parties negotiated a settlement. Hunt recovered $8 million.

A Callahan man was killed Tuesday afternoon after the vehicle he was riding in struck trees and flipped in Nassau County, the Florida Highway Patrol said.

Russell E. Strawser, 23, was riding in a southbound vehicle on U.S. 301 near Newcomb Road about 4:30 p.m. when the driver, Kyle M. Lewis of Hilliard, lost control, the Highway Patrol said. The vehicle traveled onto the west shoulder, struck trees and flipped.Both Strawser and 24-year-old Lewis were ejected.

Strawser was pronounced dead at Shands Jacksonville hospital, the report said.

The driver was also taken to Shands and was in serious condition.

Neither man was wearing a seat belt, the FHP said.

A pedestrian suffered critical injuries and was airlifted Tuesday afternoon after a car knocked her through a Jacksonville business' window, according to Times-Union news partner First Coast News.

The news report said the crash occurred at the Tire Kingdom on San Jose Boulevard while service was being performed on the woman's car.

The driver did not comment to First Coast News, and police are still investigating.

A 55-year-old woman suffered serious injuries after she fell out of a motor home that was traveling on Interstate 10.

About 4 p.m. Tuesday, three people from Midland City, Ala., were heading westbound on I-10 a few miles from the U.S. Highway 331 exit in a 1975 Dodge motor home when Sharon R. Glover walked to the rear of the motor home to use the restroom, according to the Florida Highway Patrol. Glover somehow fell out of the vehicle and slid 100 feet on the paved emergency lane before hitting the grass shoulder.

“It is unknown if the passenger opened the wrong door or leaned on the door,” an FHP news release said.

The driver, 50-year-old Bonnie J. Rickett, noticed that Glover had fallen out of the motor home and pulled off the road about a quarter mile west of where she hit the ground, the release said. Glover was taken to Sacred Heart Hospital in Pensacola with serious injuries.

Rickett was not under the influence of alcohol, but Glover had been drinking, the release said. Another passenger, 53-year-old Stanley J. Rickett, was also in the motor home.

No charges are pending.

All lanes of eastbound Interstate 595 and all lanes of Hiatus Road re-opened Tuesday evening. Traffic had been detoured for several hours after a dump truck rolled over during a crash.

The crash occurred in the eastbound lanes of I-595 near Haitus Road.

Investigators said the left front tire blew out causing the driver to lose control.

From Sky 10 overhead, the truck could be seen lying on its side and partially hanging off an overpass. The truck's front wheels could be seen lying on the street below.

The cab of the dump truck caught fire in the crash. The Town of Davie Fire-Rescue Department put out the fire, and rescuers extricated the driver from the truck, officials said.

Debris from the dump truck spilled over the interstate.

A construction worker was injured when he was hit by a piece of concrete that fell off the bridge. He was taken to the hospital with minor injuries.Investigators said the left front tire blew out causing the driver to lose control.

From Sky 10 overhead, the truck could be seen lying on its side and partially hanging off an overpass. The truck's front wheels could be seen lying on the street below.

The cab of the dump truck caught fire in the crash. The Town of Davie Fire-Rescue Department put out the fire, and rescuers extricated the driver from the truck, officials said.

Debris from the dump truck spilled over the interstate.

A construction worker was injured when he was hit by a piece of concrete that fell off the bridge. He was taken to the hospital with minor injuries.

Former San Diego Charger linebacker Junior Seau told investigators that he fell asleep at the wheel before crashing his SUV off a cliff in Carlsbad, police said.

Carlsbad police told the Los Angeles Times in a statement Monday night that "it is believed that Seau fell asleep at the wheel." Police said there was no evidence that Seay was intoxicated at the time.

Just before 9 a.m. Monday, Carlsbad police received a 911 call about a vehicle crash near the cliffs at Carlsbad Boulevard and Solamar Ave. Police and rescue personnel found Seau in a silver 2004 Cadillac Escalade on the beach below the cliffs.

Seau was taken to Scripps La Jolla Hospital for treatment of injuries that are not believed to be life threatening.

Seau crashed after being released from jail, where he was booked on felony domestic violence charges, according to Oceanside police. The 12-time Pro Bowler was arrested shortly after midnight after he allegedly assaulted his 25-year-old live-in girlfriend during an argument at the couple's Oceanside home, Lt. Leonard Mata said .

Seau was not at the home when officers arrived, but called his girlfriend a short time later and agreed to come back to the residence, Mata said. Shortly after midnight, he returned and was arrested without incident. The woman's injuries did not require medical treatment, Mata said.

Seau was booked into the Vista jail on felony charges of spousal assault at about 3 a.m. He posted bail and was released from jail at about 5 a.m., police said.

Helicopter video clearly showed the tire marks left by the Escalade when it left the roadway and drove off the cliff. The SUV, which was remove from the beach and placed on a flatbed tow truck, showed heavy front-end damage and damage to the passenger side of the vehicle.

Seau played college football at the University of Southern California and was drafted by the Chargers in 1990. He played for the Chargers through the 2002 season and was traded to the Miami Dolphins in 2003. Seau announced his first retirement in 2006, but he signed with the New England Patriots days later.

Seau has not officially retired from professional football, though early this year he announced his intention to do so in the near future

Traffic on eastbound Okeechobee Boulevard near Benoist Farms is back to normal, after a being shut down for a few hours because of a fatal motorcycle accident early this morning.

The accident happened before 7 a.m. when the motorcycle driver, traveling eastbound on Okeechobee at a high rate of speed, somehow lost control and went into a ditch. He went airborne and was thrown from the motorcycle, West Palm Beach Police Sgt. Matthew Bessette said.

The man, who is apparently in his 20s, died at the scene, Bessette said.

He said a construction worker called police after finding the body.

The man has not been identified pending notification of next of kin, Bessette said.

The accident forced the Palm Beach County Sheriff's Office to reroute eastbound traffic onto Southern and Northlake boulevards, causing delays for morning commuters.

Traffic reopened late Monday on U.S. 1 at the Parker Bridge after a rollover crash closed the bridge for several hours.

All lanes were open as of 8 p.m., Florida Department of Transportation spokeswoman Meredith Cruz said.

A Jeep Grand Cherokee was southbound about 11:15 a.m. when it hit the wall and turned on its side, Public Safety Director Robert O'Neill said. He said investigators don't yet know what caused the accident.

The lanes were blocked while workers replaced a device that lessens damage if a vehicle strikes the wall, Cruz said. She said the device did its job, but a spare had to be installed.

The driver, the sole occupant, was struck by construction materials and other items that flew around inside the SUV, O'Neill said.

He said the man was conscious and alert and was taken by Trauma Hawk to St. Mary's Medical Center in West Palm Beach.

There may be more people sporting white outfits at work, and especially around schools, Tuesday.

The Department of Highway Safety and Motor Vehicles is encouraging Floridians to take part in a so-called White Out during this National Teen Driver Safety Week in an effort to educate teens and their parents about staying safe behind the wheel.

The agency is asking Floridians to show support by wearing a white shirt on Tuesday.

Traffic crashes are the number one killer of teens in Florida and in the country.

According to the Florida Traffic Crash Statistics Report 2009:

•772,910 teens are licensed to drive in the Sunshine State.

•29,485 crashes involved teens last year.

•153 teens died.

•19,292 teens were injured.

•Florida's teen drivers are twice as likely to crash as their parents and three times as likely to crash as their grandparents.

•Teens represent five percent of Florida's driving population, but they are involved in more than nine percent of Florida's vehicle crashes.

On Tuesday, West Broward High School in Pembroke Pines and Olympic Heights High School in Boca Raton are conducting White OutTeen Crashes news conferences during which safety advocates will discuss teen driving habits.

The 13-year-old Florida girl who fell about 100-feet to the ground from an amusement park ride in Wisconsin is finally going home after nearly three months of hospital care.

Teagan Martitold The Miami Herald she misses her pets and looks forward to returning to her Parkland home Monday. Marti still can't walk and is using a motorized wheelchair.

Her lawyer says he's reached a settlement with Extreme World in Wisconsin Dells but he couldn't release any details. The court still has to approve it.

The Wisconsin Department of Commerce has said the operator at the top of the Terminal Velocity did not follow protocol when Marti fell July 30. The report says Marti was dropped before the cage in which she was riding reached the top and before a net was in proper position.

A Middletown, Ohio man is in critical condition after being ejected from his vehicle.

Ryan C. Duff, 33, was driving his 1997 Honda motorcycle eastbound on Lewis Turner Boulevard around 5:30 Sunday, according to a Florida Highway Patrol media release.

Duff then got behind a Fort Walton Beach couple turning into the left-hand turn lane but failed to slow down.

He struck 60-year-old Donnie Byrd's 2005 Buick SUV causing his motorcycle to slid approximately 97 feet after hitting the vehicle.

He was thrown 12 feet from his motorcycle, the release said. He was taken to Sacred Heart Hospital in critical condition.

Byrd and his passenger, 60-year-old Betty Byrd, also of Fort Walton Beach, were not injured.

Charges are pending an investigation.

Four people were injured when an ambulance was involved in a crash in Davie on Monday morning.

One patient and three paramedics were in the back of the Davie Fire Rescue ambulance when it was involved in a crash on Griffin Road near 100th Avenue. The ambulance was taking the patient to a hospital at the time.

Police said a Ford Explorer hit the side of the ambulance, which rolled onto its side.

The patient and the three paramedics were taken to Memorial Regional Hospital as a precaution for minor injuries, police said. The driver of the Explorer was not seriously injured.

A witness told Local 10 that the patient was bleeding from the head and that two of the paramedics were "pretty banged up."

It is unclear whether the ambulance's lights and sirens were on at the time of the crash.

Griffin Road was closed in both directions.

October 17th-23rd is national teen driver safety week, and troopers say traffic crashes are the number one killer of teens in Florida and the U.S.

In an effort to "white out" teen car crashes, the Department of Highway Safety and Motor Vehicles encourages Floridians to show their support and wear a white t-shirt on Tuesday, October 19th.

Officials hope to educate teenagers and their parents on how to stay safe behind the wheel.

Reports show teens ages 15 to 19 have the highest crash rate of any age group in the sunshine state.

Investigators have identified the man struck and killed while crossing Interstate 95 in Lake Worth as 31-year-old Baryon Galindo.

The fatal accident happened at 6:30 a.m. Saturday.

Galindo, of Lake Worth, was crossing the southbound lanes walking west to east just south of 10^th Avenue North, said Lt. Tim Frith, of the Florida Highway Patrol.

Ernesto Rivero, 47, of Lake Worth, was driving a Lincoln Town Car, and swerved to try and avoid hitting Galindo, Frith said. But, the back of the car hit Galindo and knocked him to the roadway, state troopers said.

Then, a Ford Mustang driven by Juan Ramos, 44, of Orlando, ran over Galindo, troopers said.

Galindo died at the scene.

State troopers ask anyone with information to call Corporal Anibal Monroig at 561-357-4112.

A collision between two cars led to a chain reaction and ultimately, a five-car crash, police said.

The incident happened at 5:40 p.m. Saturday at the intersection of Riverside Drive and North University Drive, Coral Springs Police Lt. Joe McHugh said.

"One car hit one, and the others hit each other," McHugh said. "There were minor injuries, and just two people were transported."

A man was killed Saturday night after the back tires of his pickup truck came loose near Royal Palm Beach, authorities said.

The man, whose name has not been released, was driving a 2000 Chevy Silverado south on C Road when the accident happened, according to the Palm Beach County Sheriff's Office.

As the driver tried to turn east on Collecting Canal Road, the back tires of the truck came loose and he lost control of the vehicle, the Sheriff's Office said. The Silverado slammed into a pole and flipped over into a canal.

Two passengers, ages 35 and 22, both of Greenacres, were able to get out of the overturned truck and suffered minor injuries, the Sheriff's Office said. Two other passengers, ages 25 and 26, both of Lake Worth, also made it out of the wreck alive

The driver was trapped behind the wheel and died at the scene.

A pedestrian died Thursday morning after being hit by a taxicab in northwestern Miami-Dade County.

The cab hit the pedestrian at about 4 a.m. on Northwest 27th Avenue near Northwest 38th Street, according to Miami-Dade police.

"He was struck in the middle of 27th Avenue in the southbound lanes," said Detective Bobby Williams, of the Miami-Dade Police Department.

The pedestrian, a 28-year-old man whose identity has not been released, was pronounced dead at the scene.

Police said the driver of the cab left the scene but later returned.

"He's being very cooperative. He's being interviewed by our investigators," Williams said.

Police said they do not know why the victim was walking in the area at the time.

"We're going to be talking to, obviously, his family members. We're going to be talking to witnesses in the area, find out if there were any businesses open here in the area," Williams said.

The investigation continues.

A man who sued after being struck in the face by a strip dancer's shoe at the Cheetah nightclub, seriously injuring his eye, has won a $650,000 judgment.

Plaintiff's counselsaid Thursday that while the club's insurance company agreed to the amount, getting the money to Cheetah's patron Michael Ireland still is not a done deal and may require more litigation.

Ireland, a roofer, has experienced chronic double vision since stripper Sakeena Shageer's shoe made contact with his eye at the suburban West Palm Beach club in September 2008,his lawyersaid.

"When this case was first filed, many people criticized it simply because it occurred at a strip club,"he said. "But we feel the $650,000 settlement goes to show that this was a serious case with serious injuries."

Shageer said she was walking along the bar, with her feet near patrons' heads, when she spun around in reaction to someone touching her,he said. Shageer struck Ireland accidentally, he said.

Shageer did not respond to a phone message seeking comment.

Counselsaid he was not sure precisely what kind of shoe Shageer was wearing except that it was a platform with a metal heel.

The registered agent of the Cheetah's parent company, Joe Rodriguez, did not respond to a message seeking comment. A manager at the club Thursday said he could not comment whether dancers are still allowed to shimmy on the bar.

Plaintiff's counselcould not either. "No, no. I wouldn't know about that," he said.

He is expecting another round of litigation in the case, since he does not anticipate the nightclub's insurance carrier to just pay the $650,000 judgment. He said they were forced to sue the Cheetah and Shageer after the insurance company wouldn't pay.

Ireland suffered broken bones around his eye and in his nose and now has permanent double vision and frequent dizziness, his lawyer said.

Strip club lawsuits have centered on the hazard of sky-high platform shoes strippers frequently wear.

In New York, a man sued after a stripper giving him a lap dance swiveled and smacked him in the face with her shoe. A Broward man sued after a woman's stiletto flew off during a pole dance, shattering a mirror and cutting him.

One of two restaurants that allegedly served drinks to a Stuart woman who killed a Jupiter motorcyclist later that evening in 2001 has settled a lawsuit filed by the man's widow.

The attorney for the widow, Denise Toral, who has since moved with her 12-year-old daughter out of Florida, confirmed that a settlement was reached with Outback Steakhouse one of the two remaining defendants. Neither plaintiff's attorney or defense have discussed the discuss terms of the settlement, whichare sealed.

"This has been devastating to her ,"plaintiff's counselsaid.

The lawsuit, which also named as a defendant the former Stuart nightclub Salsa's, was filed in 2003 by Toral after her husband, Robert J. Toral, was killed in a head-on collision with a 1993 Dodge driven by Maureen C. Moran, then 25, on Sept. 7, 2001, on Dixie Highway between Salerno and Compass roads.

Toral's friend who was riding alongside him, Carl Erickson, then 66, was seriously injured.

Moran was convicted of DUI manslaughter in December 2003 and was sentenced to more than 14 years in prison. She is currently incarcerated at the Hillsborough Correctional Institution and scheduled for release Feb. 14, 2016, the Florida Department of Corrections website says.

Outback and Salsa's, Toral's suit alleged, violated a duty "not to knowingly serve alcoholic beverages to persons habitually addicted to the use of any and all alcoholic beverages."

During her 2003 sentencing, Moran admitted being an alcoholic and claimed to have no memory of the collision.

Prosecutors said she'd spent the evening drinking at Outback and later at Salsa's. Two hours after the collision, her blood-alcohol level was 0.24, according to lab reports. Florida's legal limit for adults is 0.08.

Plaintiff's couhsel, a former president of the Palm BeachCounty chapter of Mothers Against Drunk Driving, said the case against Salsa's would not be dismissed and will remain on court dockets indefinitely.

Salsa's has since closed and another nightclub, Déjà Vu, now operates in that location, 715 N. U.S. 1.

Early in the lawsuit, Salsa's was represented in the case by a Stuart, but Salsa's went out of business and dropped that counsel. Since then, Mario Suarez was listed as the agent for Salsa's, but court documents mailed to his Jensen Beach address were returned as undeliverable.

A television remote truck carrying a reporter and producer from WPLG Ch. 10 flipped onto its side after an apparent collision with a Jeep Friday morning outside the Kathleen C. Wright Administration building, headquarters of the Broward County School District.

The accident happened shortly before 9 a.m. near the intersection of Southeast Third Avenue and Southeast Sixth Street.

The two WPLG employees and the female driver of the Jeep were transported to Broward General Medical Center, according to Matt Little, a spokesman for Fort Lauderdale Fire Rescue.

In a live report, WPLG identified its two employees as reporter Nikki Mohan and technician David Silver and indicated their injuries were not serious.

According to Little, the white television truck was heading to a downtown location where firefighters were taking part in a training program that involved a controlled burn at a vacant building.

Right before the crash, Israel Canales, a manager with the Broward County School District, said he was on the 10^th floor of the District's Southeast Sixth Street headquarters preparing for a conference call when he heard brakes and a loud bang.

"I heard the TV truck fall on its side," Canales said. He looked out the building windows and saw the top-heavy TV van with a satellite pole facing west on Southeast Sixth Street, lying on its right side. The van's left side fender was dented behind the rear left wheel.

The Jeep, its front grill dented and the hood folded, was headed east, toward the School District's parking garage, Canales said.

"The lady driving the Jeep is a School District employee," he said of the woman who he said seemed composed, though a bit shaken after the impact of an airbag. "She was very put together. We moved her to the back seat. Paramedics and police got here pretty quick."

The accident scene is just east of Southeast Third Avenue. Eastbound traffic was blocked on Southeast Sixth Street as responders cleaned the scene of broken glass and fluids.

A 48-year-old man died after he crashed his motorcycle into a pickup truck on State Road 30A Wednesday afternoon.

About 4:30 p.m., Doyle Chappell of Panama City Beach was riding his 2003 Harley Davidson east on S.R. 30A behind a 2005 Chevrolet pickup truck driven by 65-year-old Jeffrey Lee Rozhon, also of Panama City Beach, according to a Florida Highway Patrol news release.

Rozhon slowed down to make a right turn onto Kelly Street, and Chappell began to brake, the release said. Chappell's Harley traveled into the shoulder and went about 140 feet before crashing into the back of the pickup truck.

Chappell was taken to Bay Medical Center, where he was pronounced dead, the release said. He was not wearing a helmet. It is not yet known if he was under the influence of alcohol.

Rozhon was not under the influence.

No charges are pending.

A two-county pursuit ends with three arrests, three officers injured in a chase that began in Boca Raton and ended in Oakland Park.

A teen driver struck a Boca Raton police officer with a car Wednesday evening and led authorities on a two-county pursuit down Interstate 95 that ended in Oakland Park, officials said.

The incident began at about 5:30 p.m.during a surveillance operation in the parking lot of LA Fitness, at 4950 Technology Way in Boca Raton, according to Boca Raton police officer Sandra Boonenberg.

"It's an area known for a lot of auto burglaries," she said.

Officers saw a white Pontiac moving from parking spot to parking spot and they tried to make a traffic stop, she said.

"The officer gets out of his car, approaches the suspect vehicle, they take off and hit him," Boonenberg said.

The officer was taken to the hospital as a precaution but is expected to be OK, she said.

The suspects sped northbound on I-95 to Boynton Beach Boulevard, then they turned around and went southbound on I-95 into Broward where the Florida Highway Patrol and Broward Sheriff's Office deputies joined the chase.

During the pursuit, the teen driver struck a Broward Sheriff's Office patrol car near the Cypress Creek Road exit, and the deputy ended up crashing into the concrete divider of the highway. The deputy was taken to a hospital with injuries that were serious but not life-threatening, said Broward Sheriff's Office spokesman Mike Jachles.

The teen driver struck another Sheriff's Office patrol car moments later, causing minor damage to that car. That deputy was not injured, Jachles said.

Deputies laid spikes on the roadway to disable the suspect's tires, and the car eventually stopped on the side of the highway, just north of Oakland Park Boulevard.

There, authorities arrested the driver, age 15, and two passengers, ages 15 and 16.

A third Broward Sheriff's Office deputy was injured as he and other deputies broke the car's windows to take the teens into custody after they refused to get out of the car, Jachles said.

The teens face numerous felony charges, he added.

"When you intentionally strike a law enforcement officer and flee, that's it. All bets are off," Jachles said. "Somebody who has no regard for human life, let alone a police officer's, needs to be taken off the streets."

Traffic authorities are at the scene of a fatal crash on State Road 520 in Orlando this morning.

The crash happened about 6:30 a.m. about a half mile east of Maxim Parkway. S.R. 520 remains partially blocked until the road is cleared.

A broken water main on Clarke Road has closed the road between A.D. Mims and Hackney Prairie roads. Emergency vehicles and residents of the area can get through but all other drivers will be asked to take detours, according to the city of Ocoee.

Traffic was being detoured Thursday morning in the northbound lanes of Hiatus Road at Washington Street because of an accident involving a car and an SUV.

Pembroke Pines Police Capt. Bryan Davis said some people were injured, including a child, but none of the injuries were life-threatening. He said the crash, which happened shortly before 6:30 a.m., involved a right-of-way violation by one of the vehicles.

The northbound lanes of Hiatus Road were closed as first responders tended to the accident victims and an investigation was taking place.

A 22-year-old Niceville woman died early Tuesday after the car she was riding in crashed into a utility pole.

Robyn Rogers was pronounced dead after a 1994 Mercury sedan ran off the road about 4:30 a.m. on U.S. Highway 98 near the Donut Hole restaurant, according to the Okaloosa County Sheriff's Office.

The Sheriff's Office identified the driver as 20-year-old Franziska C. Schroff of Lola Circle in Destin. She refused medical treatment at the scene.

There were “some indications” that Schroff was under the influence of alcohol, but investigators are waiting for test results, said sheriff's Capt. J.D. Peacock. There also were indications that Rogers wasn't wearing a seat belt.

Eastbound lanes of U.S. 98 between Benning Drive and the Donut Hole were shut down for about four hours after the wreck while Gulf Power crews inspected the power pole.

Charges are pending an investigation.

Rogers and Schroff worked together as hostesses at Harry T's, according to Paula Mitchell, a manager at the restaurant. She said everyone who worked at Harry T's loved Rogers.

“She was a wonderful girl. She was super sweet,” Mitchell said. “She's so young. It's not fair … It's just gonna break all our hearts.”

Franziska Schroff's mother, Ute Schroff, said her daughter and Rogers were close friends.

“I tried to talk to my daughter. She's in shock. She wouldn't even talk to me. She's in complete denial,” Schroff said.

Ute Schroff said she feels horrible that Rogers died at such a young age. She is struggling with how and when to address Rogers' family, and said she's praying about it.

“ I feel so bad for you guys because your daughter's dead, my daughter's not dead,' ” Schroff said. “It could have been reversed.”

Ten children have been taken to the hospital after their school bus was struck by a car in the Ocala area.

The Florida Highway Patrol reports that a 2008 Mustang ran a stop sign and hit the bus in the Marion Oaks community in Marion County this morning.

Sixty-five children were riding on their way to Dunnellon Elementary School.

Marion County Fire Rescue officials say 10 of the children complained of neck and back pains and were taken to area hospitals as a precaution. The others were transported on another bus to school.

The driver of the Mustang was charged with failure to stop at a stop sign and failure to have proof of insurance.

A pedestrian was struck by possibly two cars Wednesday morning on westbound State Road 84, Davie police said.

The incident happened at 9:03 a.m. in the 3200 block of S.R. 84, in front of a marina, said Police Sgt. Greg Gasse.

This stretch of S.R. 84 is located just east of State Road 7. Traffic was slow through the area.

The pedestrian, a male in his 20s, was transported to Broward General Medical Center in Fort Lauderdale.

Not wearing seat belts may have contributed to the death of the driver in a Tuesday night crash on eastbound Interstate 595 near Interstate 95.

Alcohol may have also played a factor in the crash that sent two other men to the hospital with serious injuries, according to the Florida Highway Patrol.

Germice Antoine Jones, 20, of North Lauderdale, was pronounced dead at Broward General Medical Center after the 6:48 p.m. crash of a 2002 Chevy sedan that Jones drove into a concrete center wall, police said.

Because of the impact of the crash, the sedan overturned and Jones was thrown from the wreck onto the left shoulder of the interstate, according to a news release by FHP.

Passengers O'Neal Tyrone Mason, 21, of Miramar, and Derrick Javon Cooper, 21, of Lauderhill, also were not wearing seat belts and treated at Broward General Medical Center for serious injuries, the release states.

FHP is investigating the crash and any factor that alcohol may have played in it, Sgt. Mark Wysocky said.

A Marianna couple was taken to Tallahassee Memorial Hospital Monday night after their Harley Davidson motorcycle struck a deer at about 7:30 p.m.

James K. Rogers, who is 61, was driving northbound on State Road 71 when a deer ran into his path, according to the Florida Highway Patrol press release.

The collision ejected him and his passenger, 52-year-old Marilyn H. Rogers.

Neither was wearing a helmet and both suffered head injuries, the release said.

James was listed in serious condition immediately following the wreck, while Marilyn was in critical condition.

A single-vehicle crash involving a fatality shut down the eastbound lanes between Benning Drive and the Donut Hole for more than four hours Tuesday morning.

The accident, which involved the car hitting a power pole on the eastbound side, occurred around 4:30 a.m., according to dispatch records.

Two local young women were in the vehicle. The passenger was killed, but the driver was mobile, according to Sgt. Jay Jones with the Okaloosa County Sheriff's Office.

Early Tuesday morning, traffic was rerouted temporarily into two-way traffic in the westbound lanes

A Jacksonville Sheriff's officer was injured Monday afternoon after a vehicle struck the cruiser he was in, Times-Union news partner First Coast News reports.

The unidentified officer was westbound on Fort Caroline Road between St. Johns Bluff and Monument roads about 4 p.m. when the cruiser was struck from behind, the news report said. The cruiser then struck the car in front of it.

The driver who struck the police car was not identified in the news report; charges are pending.

Two motorists died shortly before noon today on Aloma Avenue, according to the Florida Highway Patrol. The 11:35 a.m. crash happened when the driver of a speeding Mustang coupe lost control in the eastbound lanes, struck two trees in the median and flipped into the path of an oncoming Kia van near Ellendale Drive, said FHP spokesman Sgt. Jorge Delahoz.

Both drivers died. The wife of the van's driver suffered serious injuries, according to Orange County Fire Rescue.

Ryan Daniel Burns, 28, of Winter Park, caused the crash by speeding and making aggressive lane changes before he lost control of his white, 1989 Mustang, according to FHP.

State driving records show Burns driver's license was cancelled last week for failing to complete a substance abuse treatment program. His license was suspended last year after he caused a two-car crash on Interstate-4 in LakeMary. For that crash he was charged with driving under the influence, when his blood alcohol level was 0.112 percent, records state.

The victims in Monday's crash were Loren Scott Bezoff, 40, who died, and his wife, Tami, both of Orlando, according to FHP. Tami Bezoff was transported to Winter Park Memorial Hospital, according to Fire Rescue.

The Bezoffs were driving westbound on Aloma when struck by Burns' car, according to FHP.

A third vehicle, a 2010 Toyota SUV, was struck by debris from the crash. No one was injured in that vehicle, according to FHP.

A tire blowout appears to have set in motion the wreck of a day laborers' van, killing one man and injuring five others on Monday on Interstate 95, according to the Florida Highway Patrol.

The crash crippled the morning commute by closing a span of highway just south of Indiantown Road for about three hours.

The men all lived in Fort Pierce and were reported to be headed for 45th Street in West Palm Beach when they crashed at 6:35 a.m. just south of the Indiantown Road exit, according to the Highway Patrol.

Jose Aguiniga Gil, 38, died at the scene. He was not wearing a seat belt, Highway Patrol spokesman Lt. Tim Frith reported in a news release.

The five others who were in the van were sent to area hospitals, Frith said. They were Jose J. Calixto-Aguilar, 48, who was driving; Enrique Morales, 68, who was taken by helicopter to St. Mary's Medical Center; Martin Gomez, 53; Adrian Magana, 36; and Juan C. Hernandez Serrato, 41.

The men were in a 1999 Dodge Grand Caravan headed south in a construction zone when the left rear tire tread separated and the driver lost control, according to the Highway Patrol.

The van veered off the road, slammed into a temporary retaining wall and then flipped, ejecting Gil onto the grass shoulder, according to the Highway Patrol. The van came to a stop blocking the middle and right lanes. The wreck closed the interstate for about three hours while investigators worked and the wall was repaired.

One person died and four more were hurt after the driver of a stolen car tried to get away from North Miami police but only traveled a few blocks before crashing into several trees.

The crash happened shortly after 4 p.m. along Northeast 127th Avenue. Minutes earlier, an officer tried to stop the car for a traffic violation, North Miami Police Maj. Neal Cuevas said.

The officer didn't know the car had been stolen from Miami Shores on Oct. 8, Cuevas said. But the driver saw the officer's vehicle and sped up, heading west for about two blocks.

"About Northeast Fourth Avenue, the car crossed over the median, struck a tree, kept going westbound in the westbound lane, then hit a tree in the median again," Cuevas said.

After striking several trees and a water pipe, the car came to a rest near Northeast Third Avenue. Five people — four men and a woman — were inside, Cuevas said.

One passenger, Schnider Lucce, 18, of North Miami, died at the scene. The woman was taken to Jackson North Medical Center with injuries that were not life-threatening. The other three men, including one who police believe was the driver, were taken to Jackson Memorial Hospital's Ryder Trauma Center.

On Aug. 15, 2008, plaintiff Adelaide Mealy, 81, who had lower extremity paralysis since 1952 when she contracted polio, was being moved by her husband, Donald Mealy, in a Guldmann Lift System sold and installed by B-Mobile Inc. The system utilized a ceiling mounted track that used an electronic hoist which lifted a polyester sling where the occupant sat. As Donald Mealy was positioning his wife over the commode in the bathroom, one of the four straps failed and Adelaide Mealy fell to the floor, sustaining bilateral hip fractures.

In June 2006, Adelaide Mealy was being lifted in a portable Hoyer Lift to be transferred when it tipped over and she fell to the ground, sustaining a right hip fracture. That fracture healed in a non-union of the bone. Due to her paralysis and severe osteoporotic bone, the orthopedic consult recommended that for the August 2008 fall Adelaide Mealy not undergo surgery for the same reason. Both hips healed with non-union of the bone and the right hip broke at a different location, leaving a bone fragment.

Adelaide Mealy sued B-Mobile, Guldmann Inc., A/S, which was doing business as Guldmann Inc. and V. Guldmann, alleging negligence, product liability, strict liability and breach of warranty. The case went to trial against Guldmann Inc. and B-Mobile.

Plaintiff's counsel argued that Guldmann had the sling manufactured in China with specifications that called for the straps to be sewn with polyester thread utilizing a CNC computerized sewing machine in a very specific double square pattern. The four straps on the subject sling, one of which failed, were sewn with Nylon-6 thread on a non-computerized sewing machine with a square pattern and an X in the middle. Counsel argued that Nylon-6 was a poor and defective thread to use because it absorbed water and then lost its tensile strength over time and stretched until it eventually and suddenly failed.

Defense counsel conceded that Nylon-6 was improper thread but claimed that its vendor sewed all of its lift slings with polyester thread with a computerized machine. No other slings located were made the way the subject sling was found after the failure and no reports of Guldmann sling failures were filed with the Food and Drug Administration, which monitors such data. Counsel argued that the sling was modified after installation by someone on behalf of the plaintiffs.

Defense counsel conceded that 24-hour attendant care was required but claimed that it was from Adelaide Mealy's polio, heart problems, arthritis, excessive weight, severe osteoporosis and glaucoma. Per the medical records, Adelaide Mealy had the same problems after the August 2008 fall that she did before and after the January 2006 fall.

The parties stipulated that medical expenses incurred were $75,177.99 and that Adelaide Mealy's collateral source benefit, Secure Horizons Medicare Plan, only paid $21,671.31 for complete satisfaction of the bills.

The court found that the sling was defectively manufactured and held that the defendants were 100 percent jointly and severally responsible. The court concluded that Adelaide Mealy would require 24-hour attendant care since the accident and will require such care for the following two years, as a result of the accident. The court reduced the cost of care by 20 percent, equaling the amount of time the husband spent attending to his wife before the fall.

The court invited the defendants to bring a post-decision motion to reduce the award for past medical care by the amount of collateral source benefits, if warranted under case law. The defendants subsequently filed a motion to reduce the medical award to the amount actually paid. The court denied the motion, ruling that the defendant was not entitled to the benefit of Adelaide Mealy's collateral source pursuant to the Collateral Source Rule.

After the plaintiff rested, the defense made a motion pursuant to CCP 631 as to Adelaide Mealy's claim and Donald Mealy's claim for negligent infliction of emotional distress and loss of consortium. The court denied the motion as to Adelaide Mealy but granted the motion as to Donald Mealy's claims. The court awarded defense counsel $436.40 in costs for Donald Mealy's claim. Donald Mealy is appealing the decision as to his claims. Adelaide Mealy's judgment has been satisfied.

Adelaide Mealy

$75,178 Personal Injury: Past Medical Cost

$5,956 Personal Injury: costs

$229,950 Personal Injury: attendant care

$150,000 Personal Injury: past non-economic loss

$100,000 Personal Injury: future non-economic loss

At about 10:45 p.m. on March 24, 2005, plaintiff Kevin Kirk, 52, a computer programmer, presented to the emergency department of St. Luke's Cornwall Hospital, in Newburgh. Kirk reported that he had experienced transient episodes of blurred vision. He also reported that his right hand was numb. He was examined by Dr. Syed Abubaker and a nurse, Karen Rittberg.

Kirk's symptoms quickly resolved, and a CT scan did not reveal abnormalities. Abubaker concluded that Kirk had suffered a transient ischemic attack, which is commonly termed a "mini-stroke." Abubaker contacted Kirk's treating doctor, Perla Andin, who arranged Kirk's transfer to the hospital's telemetric monitoring area. Andin also requested a neurological evaluation. She indicated that the study could be performed during the ensuing morning.

At about 2:30 a.m., Abubaker and Rittberg reassessed Kirk's condition, and they did not detect any neurological abnormalities. Kirk was transferred to the telemetric monitoring area. After some 20 minutes had passed, Kirk was examined by another nurse, Andrea Riggs. She noted that his speech was slurred, that he seemed confused and that his right side was weak. The symptoms were reported to the emergency department, and Riggs was told that Kirk's prevailing symptoms were not present when he was being examined by Abubaker and Rittberg. Riggs contacted Andin, who determined that Kirk had to undergo an immediate neurological consultation. Andin selected neurologist Dr. Rene Mosada.

At about 4:45 a.m., Mosada examined Kirk. Mosada considered the administration of a clot-resolving medication, a tissue plasminogen activator. However, the activator must be administered during the three hours that follow the onset of the symptoms of a stroke. Mosada determined that the activator could not be safely administered. Further observation was recommended.

Kirk's symptoms worsened. During the morning of March 26, 2005, doctors observed that Kirk was not responding to commands. His right arm and leg were flaccid, and tests revealed that he had suffered a full stroke. Kirk retains some paralysis and other effects of the stroke. He claimed that the damage could have been prevented by prompt diagnosis and treatment of his stroke.

Kirk sued Abubaker and Rittberg; their employer, Hospital Emergency Licensed Physicians, P.C.; Andin; Andin's employer, New Windsor Medical, P.C.; Mosada; Mosada's employer, Kingston Neurological Associates, P.C.; Riggs; St. Luke's Cornwall Hospital; and a company that provided oversight of the hospital's emergency department, Med Excel, USA Inc. Kirk alleged that the doctors, the nurses and the hospital's staff failed to timely diagnose his stroke, that the failures constituted malpractice, that Hospital Emergency Licensed Physicians and Med Excel were vicariously liable for the actions of Abubaker and Rittberg, that Kingston Neurological Associates was vicariously liable for Mosada's actions, and that New Windsor Medical was vicariously liable for Andin's actions.

Kirk's counsel ultimately discontinued the claim against Med Excel. The matter proceeded to a trial against the remaining defendants.

Kirk's counsel suggested that Kirk's stroke was caused by a clot that traveled to his brain. She claimed that a tissue plasminogen activator could have relieved the clot, and she contended that prompt treatment would have greatly limited the stroke's effects. She claimed that the drug could have been safely administered during the first six or seven hours of Kirk's hospitalization. She contended that Kirk's doctors and nurses failed to properly assess and address his symptoms.

Defense counsel contended that a tissue plasminogen activator is a dangerous drug that can cause death and/or a cerebral hemorrhage. They also contended that the drug would not have benefitted Kirk.

Mosada contended that he could not assess the safety of the administration of a tissue plasminogen activator. He claimed that Riggs reported that she could not accurately determine the time of the onset of Kirk's symptoms, and he further claimed that Abubaker merely noted that Kirk's first two examinations were concluded prior to midnight. Abubaker acknowledged that he and Mosada had communicated, but he contended that all discussions were concluded prior to Kirk's transfer to the telemetric monitoring area. Riggs contended that she determined that Kirk's symptoms began at or after 2:51 a.m., and she claimed that Mosada was aware of that determination.

Andin contended that she appropriately determined that an immediate neurological evaluation was necessary. She claimed that she was not required to undertake further action.

Defense counsel also challenged Kirk's counsel's contention that Kirk's stroke was caused by a clot that traveled to his brain. They claimed that the stroke was a result of a circulatory obstruction that was caused by a dissection of Kirk's left internal carotid artery. They noted that the damage was confirmed by an angiography. However, Kirk's counsel claimed that the test also demonstrated that the dissection did not fully interrupt the flow of blood.

After plaintiffs' counsel rested the case, the parties negotiated a settlement. The defendants' insurers agreed to pay a total of $4 million. Judge Victor Alfieri will determine each insurer's obligation.

On Sunday, October 10, 2010 the Leon County Sheriff's Office responded to a motorcycle crash near the intersection of South Adams Street and Four Points Way. When they arrived, deputies discovered two people critically injured. LCSO's Traffic Homicide Unit responded and conducted the investigation, which included conducting witness interviews, forensic examinations and the reconstruction of the scene.

Witnesses stated Toney Kilpatrick, 38, was operating a green Kawasaki 125cc motorcycle northbound on the St. Marks Bike Trail. Near the intersection of the bike trail and Four Points Way, the motorcycle struck a culvert. After striking the culvert, the motorcycle struck Dikeesha Johnson, 35. Johnson was a pedestrian in the crosswalk at the intersection.

Both Kilpatrick and Johnson were transported to Tallahassee Memorial Hospital where they later died as a result of the injuries sustained in the crash.

As mourners held a roadside candlelight vigil Sunday night for a teenager who was killed while crossing Aloma Avenue, neighbors complained that pedestrians must risk their lives every time they step into the busy highway.

"There is nowhere to cross," said Stormy Torres. "The cars do not stop. They just speed by."

Torres spent 10 minutes working her way across the street, pushing a stroller containing her two toddlers. Five minutes waiting to start across. Five minutes on a small concrete divider in the middle of the four-lane road, cars speeding by all the while.

Finally she was able to cross safely over so that the family could attend the vigil for neighbor Kason Bailey, 16, who was struck by two trucks and killed late Friday when he tried to cross Aloma in front of the Aloma Plaza near Tangerine Avenue.

No charges have been filed against the two drivers whose vehicles struck Bailey. The Florida Highway Patrol said Matthew McAdams, 47, and Marc Felix, 31, both of Winter Park, will not be charged.

About 300, including many teenagers, attended the memorial service. Kason Bailey and his twin brother, Kalef, who was consoled by friends during the vigil, were familiar faces at Winter Park High and in the neighborhood of apartment complexes along the stretch of Aloma near Forsyth.

"I have known them since second grade," said Haley Johnson, 16, who brought a bouquet of sunflowers for a makeshift shrine decorated with balloons and stuffed animals and lighted by dozens of candles.

Johnson, who lives in the neighborhood, said everyone dodges cars to get across Aloma because no traffic lights are nearby.

"There should be a light. The lights are too distant," said Aleja Martinez, who lives in the same apartment complex as Bailey.

Neighbors point out that a crosswalk was added recently, but only amounted to some white marks painted on the road and signs cautioning motorists that there was a crosswalk. No traffic light was installed, making the path useless, neighbors complain.

"The cars are supposed to stop when they see somebody, but they don't," said Mary Ivin, who lives in the Santa Barbara apartments.

One lane of traffic on the four-lane highway did stop for the woman with her baby stroller in the middle of Aloma Avenue on Sunday night, but she hesitated, knowing that cars in the second lane might not.

They didn't — and she had to wait until that lane cleared before crossing.

One person died, but up to 17 others survived a collision Saturday between a passenger van and a car in Hollywood.

The accident happened on North Federal Highway and Arthur Street at 7:20 a.m.

There were 15 people in the COSAC Foundation van belonging to the Homeless Voice shelter run by Sean Cononie in Hollywood. Five passengers in the van were transported to the hospital, Cononie said.

"We're lucky compared to the other car," he said.

One passenger in the other vehicle died, according to Police Sgt. Manny Marino. The driver ended up in the intensive care unit at Memorial Regional Hospital but with no life-threatening injuries. A second passenger was unharmed.

The name of the woman who died has not been released.

"We felt [bad] for the lady," Cononie said. "We're a little depressed over it. There's not much we could do for her at the scene."

Cononie said his shelter staff has first-responder training and is equipped with trauma and cardiac kits and an ambulance to provide medical outreach to the homeless community.

"I was outside [the shelter] and I heard the accident," he said. "Our van had just left."

The cause of the crash was being investigated.

A 10-year-old girl was killed in a collision between a car and a truck early Sunday, the Palm Beach County Sheriff's Office said.

Khonii Louis, of Loxahatchee, was flown to St. Mary's Hospital, where she died as a result of a severe neck injury at about 3 a.m. Sunday, deputies said.

The child was in the back seat of a 2004 Honda with Claire Louis, 11, and Shiin Louis, 67, who was driving. The three live in the same Loxahatchee home, but their exact relationship was unclear.

Deputies said Shiin Louis was driving west on Northlake Boulevard near 140th Avenue North, west of West Palm Beach, when she collided with a stopped Ford F-250 pickup truck at about 2 a.m. Sunday. The truck's driver, Mark William Bradley, of West Palm Beach, was not injured.

Bradley, who turned 45 on Saturday, may have been under the influence of alcohol, deputies said. Investigators said the lack of seat belt use may have contributed to the severity of the accident.

Shiin Louis was wearing a seat belt, but it was unclear Sunday if the two girls were.

Deputies ask any witnesses to call investigator V. Fazzino at 561-681-4537.

A motorcyclist died this morning after colliding with a car in Loxahatchee, authorities said.

The man, whose name wasn't immediately made public, was riding near 4060 Seminole Pratt-Whitney Rd. about 11 a.m. when he collided with the back end of a Honda, said Teri Barbera, Palm Beach County Sheriff's Office spokeswoman.

The motorcyclist was flown by helicopter to St. Mary's Medical Center, where he died, Barbera said.

More information wasn't immediately available.

A Panhandle man on a cross-country bike ride to raise awareness and funds for victims of this year's massive Gulf oil spill has been struck and killed by a passing vehicle

Roger Grooters began his ride across America Sept. 10 in
Oceanside, Calif. The 66-year-old man's family tells the Pensacola
News Journal that he was just days from finishing his 3,200-mile
journey when he was hit by a truck outside of Panama City on
Wednesday morning (Oct. 6).

The funeral is planned for Monday in Gulf Breeze near Pensacola

The cause of a school bus crash that claimed the life of the driver is released.

Ava Mathis died on August 30th when the school bus she was driving crashed just before her last stop.

The Florida Highway Patrol released a report that says some of the children were standing up and being disruptive and Mathis wanted them to settle down.

Capt. Mark Welch with FHP says, "Buses have mirrors on them so the driver can monitor the children. She looked in the mirror to see what the kids where doing. When she did, that she ran off the road."

FHP says its legal department has advised not to release the tape because children's faces are seen on the video.

When 2 1/2-year-old Haile Brockington was found dead, strapped and forgotten in her car seat for nearly six hours in the back of a Delray Beach day-care center van, public outrage toward the van's driver and center's owner was palpable and action was swift.

The driver of the van, Amanda Inman, was charged on Aug. 23 with negligent manslaughter.

Weeks later, Kathryn Muhammad and Barbara Dilthey - co-owners of Katie's Kids Learning Center - lost their Southwest 10th Avenue center's license due to more than $200,000 in state dollars being pulled from the day-care.

But, child safety advocates say, the larger issue remains: What to do about children mistakenly being left in sweltering vans.

Indeed, just two weeks after Haile's death, another child was left unattended in a day-care's locked van in Brevard County.

They may find an answer, however, in laws a handful of other states facing similar tragedies have already passed.

Tennessee and Wisconsin, for example, now require that all vehicles from childcare providers that transport six passengers or more, have a child safety alarm system installed that prompts the driver to inspect all seats before leaving. Arkansas requires the same for vehicles with seven or more passengers.

As simple as it sounds, it's an idea that's caught on with at least one state lawmaker.

"I think people are still in the mourning process and they haven't come up with ideas," said state Rep. Mary Sachs, whose district encompasses the neighborhood where Haile lived, "but we really need to something about this.

"I don't see why can't we do this for a children," said Sachs, who told The Palm Beach Post earlier this week that she will sponsor a bill next spring requiring the alarms in Florida and name it in honor of Haile Brockington.

No easy passage

But if Wisconsin state Sen. Spencer Coggs' experience is any indication, passing a law - even one geared toward saving children from such a horrific death - may prove difficult.

In June 2005, 2-year-old Asia Jones was found dead in her day-care center's van after seven hours.

An outraged Milwaukee community demanded that someone pay for Jones' death. But unlike in Haile's case, the van driver could not be charged because there were no state laws regarding drivers removing kids from the vans.

As a result, Coggs introduced two bills: One made it a penalty - $25,000 in fines and/or 10 years in prison - to forget a child that later died. The other mimicked a 2005 Tennessee law that requires safety alarms in day-care vans.

The idea was simple: An alarm sounds after drivers turn off the vehicle. It remains on for one to four minutes, forcing the driver to physically walk to the back to turn it off. If ignored, an external car alarm kicks in, alerting passersby that the vehicle has not been checked.

Still Coggs, who fought opposition from the day-care operators, wasn't able to push through legislation until spring 2009 . That's when 10-month-old Jalen Knox-Perkins died in after being left in day-care van.

"People presume that they will never neglect children," Coggs said, "and yet, we had several children left in day care vans."

For that reason, Coggs said, he wouldn't give up.

"I don't want to have children die trying to prove that people can think," he said

Within a month of it being introduced, Wisconsin Gov. Jim Doyle signed a bill requiring childcare providers to install the safety alarms.

"We made a very simple case: How much is human life worth?" Coggs said.

While no one keeps specific data on how many children die from being left in childcare center vehicles, dozens of children die after being left in cars every year.

Safe Kids Palm Beach County launched the "Look Before You Lock" campaign in August as the number of kids deaths in unattended vehicles increased.

Program director Kelly Powell, citing ggweather.com, says 49 children have died forgotten in cars so far this year. According to the website, built by a meteorology adjunct professor of San Francisco State University, 43 and 33 children died in 2008 and 2009, respectively.

In personal situations, Powell recommends drivers place something like a purse or a briefcase in the back seat that will make them go there before leaving the vehicle.

In the case of day-care vans, Powell believes the alarms would play the same role.

"Anything that is going to help you remember, would definitely make a difference," Powell said. "Sometimes we just forget."

Tana Ebbole, chief executive of the Children's Services Council - which is looking into ways of improving early care education - says the task force should consider the alarms.

"If it's something that forces drivers to be conscious and check the whole van for kids," Ebbole says, "I think a mere $250 investment is a small price to pay."

'Had I known about it sooner'

Katie's Kids co-owner Muhammad agreed.

In the two months since she received the phone call that sent her into a legal battle and forced her to close one of her four day-care center locations, she has not only fired all employees that were involved with the Haile incident, but while seeking ways to make her vehicles safer, she came across the Kiddie Voice safety alarms.

Muhammad said she's been in talks with her insurance company about installing them in her 13 vehicles.

All the paperwork and protocol is not enough protection, she said. The alarms, she adds, would keep everyone more alert and point out those that aren't doing their jobs.

"It (the idea) is just not out there," she said. "It's something that had I known about it sooner, I would have installed."

The Tennessee-based designer of one of the safety alarm devices, Alex Wiley, said his Kiddie Voice was in response to two children who were forgotten in two different day-care vans in the same day in 1999.

"Too many angels had died," said Wiley, whose Kiddie Voice retails at $249.

But Wiley says that without a law, it isn't easy to convince day-care operators to invest in the alarms.

"From my research, I found that these people really love those children," he says, "but the problem is that any little distraction is a fatal one."

Ahorse was euthanized Friday morning after it suffered serious injuries in a trailer crash on Interstate 595 that snarled eastbound traffic for nearly 90 minutes, officials said.

Annie Carter, 21, the horse's owner, was frantic at the accident site, in the eastbound lanes of Interstate 595 at Hiatus Road, according to her father, Trevor Grosholz, who wasn't involved in the crash but rushed to the site.

"It was tough not to cry watching her like that," he said.

He told her he loved her. "What else do you say to a daughter who is hysterical about her horse?" he said.

The mare was the only animal being trailered in a truck from Broward County to Orlando before 6:30 a.m., when the vehicle jackknifed in the eastbound lanes of the highway, causing it to strike a wall, Grosholz said.

Carter, a passenger, and the driver, a horse stable owner whose name wasn't released, weren't hurt, Grosholz said. The two were taken to an area hospital to be evaluated, said Braulio Rosa, a fire-rescue spokesman.

Because the back portion of the trailer was overhanging a roadway barrier leading to a drop of at least 15 feet, Davie Fire Rescue personnel cut the front portion of trailer in order to free the horse, which was in pain with metal atop it.

A doctor determined the horse had serious injuries, including a leg fracture that would prevent it from ever standing again, essential for a horse's livelihood, Grosholz said. The horse was sedated and then euthanized.

Carter had the horse for about two weeks and was taking it to family property in Orlando, where she was going to pick up another one of her horses and return it to Broward.

She "is a horse fanatic, so she could have a horse for an hour and still feel the same way about it," Grosholz said. "She was crying hysterically."

Authorities are still investigating the cause of the crash, Rosa said. Davie has a large horse population, so firefighters were well-equipped to free the horse, Rosa said.

The eastbound lanes of Interstate 595 at Hiatus were closed shortly after 6:30 a.m. as the horse trailer was towed by a truck. For nearly 90 minutes, eastbound traffic was restricted to a single lane on the shoulder of 595. By 9 a.m., all eastbound lanes were reopened.

Two pre-teen children were hospitalized Wednesday afternoon in a school bus crash at Florida 16 and County Road 16A.

Lt. Bill Leeper of the Florida Highway Patrol said the injuries were not serious. The children were taken to Orange Park Medical Center as a precaution.

The accident occurred when a car tried to make a U-turn, and the driver did not see the bus, Leeper said.

Clay County Sheriff's spokeswoman Mary Justino said the bus was transporting students from Charles E. Bennett Elementary School.

A teenage girl is hospitalized following a melee outside Norland Senior High School during which she was struck twice by a getaway car from which shots had been fired, WSVN reported.

The incident happened about 6 p.m. Wednesday after a fight that broke out on school grounds spilled into a street outside the school, the station reported.

During the fight, shots were fired from a car. No one was hit by bullets, but Danisha Williams, 17, was hit twice by the car as it attempted to flee from the scene, according to WSVN.

At the hospital, Williams' mother told the station that her daughter was hurt while she was trying to break up the fight.

The abandoned getaway car was found late Wednesday, WSVN reported.

Can adding new layers of technology really fix a problem created by technology?

Software developers and hardware makers are rushing to help people stay connected via their phones while driving, even as states ban driving and texting or talking on the phone without a hands-free device.

"Technology doesn't typically go backward. It's like Pandora's Box: Once someone knows they can do something, it's difficult to get them to stop doing it," said Chris Hassett, CEO of Boston-based AdelaVoice, which just released StartTalking, a smartphone app that allows texting using only voice commands.

A study released last week by the Highway Loss Data Institute found no decrease in crashes in California, Louisiana, Minnesota and Washington after those states approved driving-while-texting bans.

"Teenagers and others are now holding their phone in awkward positions so they don't get ticketed while they do the same dangerous behavior," Hassett said.

Michigan's ban on texting while driving went into effect July 1 and carries a $100 fine for a first offense.

U.S. Secretary of Transportation Ray LaHood, a fierce proponent of legislation to limit distracted driving, slammed the Highway Loss Data Institute study, calling it misleading.

"We have a national law against drunk driving. People are also required to wear seat belts. But if the number of fatalities in a state goes up one year, would it now pass as research to say that seat belt and anti-drunk driving laws are to blame?" LaHood wrote on his official blog.

Yes, it's ironic to add technology to the car to make technology less distracting. But here are some of the slickest solutions that, if used properly, could help keep you safer on the road.

STARTTALKING

This Android-based smartphone app touts itself as the world's first 100 percent eyes- and hands-free texting application.

Drivers turn on the application before starting the car and can control texting functions -- including drafting a new message -- through voice commands.

And, unlike other similar applications, it can run in the background without forcing the phone's display to be illuminated, saving on crucial battery life.

The app also allows you to send replies as audio recordings. An iphone version is planned for the first quarter of 2011.

www.starttalking.com

Cost: Free

BLUEANT Q2 SMART BLUETOOTH HEADSET

This sleek Bluetooth headset announces the caller's name when you get an incoming call so you don't have to pick up your phone to know who is calling. Answer with a click on the headset, which rests comfortably in your ear.

This headset also has a dedicated smartphone app, Vlingo, that can read incoming text messages and e-mails into your ear as you're driving. While the app is free to download, unlocking those features will cost you $10.

Vlingo is available for Android, iPhone, BlackBerry and Nokia platforms.

The headset and app also allow you to use voice commands while driving to update your Facebook status or call a specific contact in your address book.

www.myblueant.com

Cost: $129.99

SMS REPLIER

This smartphone app offers a way to send automated replies to your contacts while your car is moving, kicking in automatically when you reach 15 m.p.h.

Incoming callers and texters receive an automated reply such as: "I'm driving right now, can I call you back when I'm off the road?" You can also customize replies to tell people you're at work, in class, etc.

For safety reasons, you can also define a set group of five contacts that will bypass the auto-reply and allow your phone to ring (your child's school, for example).

SMS Replier is available for Android, BlacBerry and Windows Mobile smartphones. iPhone and Palm versions are expected soon.

www.smsreplier.com

Cost: $19.95

CELLSAFETY

Marketed toward parents of teens, this solution completely disables a phone's texting feature while it's in motion.

The app will also alert the parent instantly if a child exceeds the speed limit.

This feature is part of a suite of controls that includes GPS tracking, alerts when your child's phone leaves a defined perimeter and monitors text messages.

CellSafety is available on Android, BlackBerry and Nokia phones.

www.websafety.com

Cost: $9.99 a month percell phone; family pack available for $39.99

On June 15, 2009, plaintiff's decedent Justin Clinton, 10, was riding his skateboard past the rear of a home owned by Ricky and Christy George when he was attacked by their dogs. He died of his injuries. The two dogs, a pit bull mix and an American bulldog, were euthanized.

Serenia Clinton, individually and on behalf of her son's estate, sued the Georges, claiming negligence and strict liability. Plaintiffs' counsel argued that the dogs escaped their yard through a fence that was poorly maintained fence. There were three witnesses to the attack who came to Justin's aid. Plaintiffs' counsel argued that the Georges were aware the dogs had previously attacked humans and that these dog breeds were abnormally dangerous.

The Georges claimed that the dogs had never behaved aggressively, that the dogs were not positively identified as the attacking dogs and that a third unidentified dog was involved in the attack. Defense counsel argued that the destruction of the dogs constituted spoliation of evidence.

Plaintiff's counsel countered that the three witnesses identified the Georges' dogs as the attackers.

Justin Clinton

$2,000,000 Wrongful Death: pain and suffering

Serenia Clinton

$4,600 Wrongful Death: Funeral Burial Expense

$1,500,000 Wrongful Death: Past Loss Of Society Companionship

$1,500,000 Wrongful Death: Future Loss Of Society Companionship

$1,000,000 Wrongful Death: Past Mental Angiush

$1,000,000 Wrongful Death: Future Mental Angiush

$16,000 Wrongful Death: past medical expenses

A 60-year-old truck driver from Lakeland was killed early today in a fiery crash at a busy Plant City intersection.

The semi-truck hit a pole, flipped and caught fire just before 1 a.m. on Trapnell Road at Highway 39 in Plant City, according to authorities.

A Tennessee woman was arrested for child abuse after a witness told Alachua County deputies the woman had intentionally hit a child in the face twice with a car door.

A Duval County jury is scheduled to begin deliberating today in the case of a motorist accused of running another driver off the Buckman Bridge in a drug-addled haze.

Sasha Pringle, 32, is charged with DUI manslaughter in the death of Luma Kajy, 41, a mother of two who plunged 76 feet from Interstate 295 to the St. Johns River as authorities said Pringle swerved all over the highway Feb. 27.

Both the prosecution and the defense rested Tuesday after hearing a jailhouse phone call recording of Pringle saying she never made contact with Kajy's GMC Yukon. There also was a 911 recording from Pringle's husband calling for help after his wife stormed away during an argument.

Chris Pringle testified Tuesday he told dispatchers his wife was not fit to drive and was zigzagging all over the road. He described her beat-up blue Honda and the route he thought she'd be heading.

“If you need someone to be a witness, I'll witness it,” Chris Pringle said during the recorded conversation with authorities.

Steve Kohn, a motorist who spotted the erratic driver, called 911 and followed her to an apartment complex where police eventually came to arrest Pringle.

State investigators did not find evidence of alcohol use in Pringle's toxicology exam, but she did test positive for marijuana as well as a mix of painkillers and anti-anxiety drugs that Bruce Goldberger, a forensic scientist from the University of Florida, told the jury was in the “toxic range.”

Pringle's lawyers spent the past two days in court arguing that her Honda did not actually hit Kajy's Yukon. Investigators were not able to determine any physical evidence, such as paint scrapings, that would prove the vehicles connected. However, one investigator testified that the intensity of the Yukon's dive into the river could have tainted the initial crash evidence.

Another investigator, crash reconstructionist George Ruotolo, said there was no question Pringle was at fault. He said Kajy went off the bridge as she tried to steady the Yukon when the Honda swerved toward it.

In a recorded phone call form the jail played for the jury Tuesday, Pringle's voice shook as she tried to explain to her husband that she did not run Kajy off the road.

“I didn't hit anyone. I would have felt it,” Pringle said. “That car pulled to the right and I corrected.”

Pringle did not testify.

A Sanderson woman was killed after she was ejected from a truck she was riding in Tuesday night, according to the Florida Highway Patrol.

Cyndle Cherie Ireland, 21, was riding in an eastbound truck driven by David K. Starling, 21, of Macclenny about 10:50 p.m. on Arnold Rhoden Road near Wiremill Road in Baker County when, for unknown reasons, the truck went into the ditch, the Highway Patrol said. The truck spun and struck a culvert, causing the truck to flip. It came to rest on its roof.

All of the occupants, including a second passenger, were ejected.

Ireland was pronounced dead at the scene, the report said.

The other passenger, Sierra Desiree Williams, 22, of Jacksonville, suffered serious injuries and was taken to Shands at the University of Florida.

The driver suffered limited injuries.

None of the three was wearing a seat belt, the FHP said.

In 2007, plaintiff Glen Kroeger, 50, an air conditioner repairman, was driving his full size van on Wickham Road in Melbourne when his vehicle was struck head-on by a box truck driven by Christopher Bevis and owned by C&G Homes Inc. Bevis was using his cell phone at the time of the accident. He was convicted of reckless driving on Aug. 2, 2010.

Kroeger sued Bevis and C&G. He alleged that Bevis was negligent in the operation of his vehicle and that C&G was vicariously liable for Bevis' actions.

The defendants did not appear at trial, and a default judgment was entered. The matter subsequently proceeded to an inquest that addressed damages and causation.

Prior to the accident, Kroeger worked as a repairman earning between $40,000 and $50,000 each year. The plaintiff alleged that as a result of his injuries, he will never be able to return to work again.

Plaintiff's counsel contended that Kroeger is still undergoing some therapy, but all indications are that his brain injury is permanent. He also asserted that the plaintiff often needs someone to watch him throughout the day.

Kroeger's wife sought recovery of damages for the loss of consortium based upon her husband's injuries. She claimed that she still works part-time at an automobile auction, but that she spends much of her time caring for her husband.

The court awarded the plaintiffs a total of $14.4 million. Kroeger was awarded $10.4 million and his wife was awarded $4 million.

Glen R. Kroeger

$2,000,000 Personal Injury: Future Medical Cost

$400,000 Personal Injury: FutureLostEarningsCapability

$3,000,000 Personal Injury: Past Pain And Suffering

$5,000,000 Personal Injury: Future Pain And Suffering

Marie Kroegr

$4,000,000 Personal Injury: loss of consortium

A 24-year-old Orlando man has died after the vehicle in which he was a passenger veered off a road and struck a tree.

Daniel Llanos was the second passenger in a 2005 Mitsubishi Lancer that crashed about 2:36 a.m. on U.S. Highway 192 near Black Lake Road in Osceola County.

Jovany Neftali Rosa, 25, of Orlando, was behind the wheel of the vehicle as it traveled west on U.S. 192 in the right lane before veering right and entering the north shoulder of the road, according to the Florida Highway Patrol.

The front right of the vehicle then struck a palm tree.

Rosa and another passenger, Rafael Frias, 25, of Orlando, suffered minor injuries in the crash. Rosa was transported to Celebration Hospital, while Frias was taken to Orlando Regional Medical Center.

Llanos, who was not wearing a safety belt, died at Celebration Hospital, according to the highway patrol.

Investigators are still trying to determine why the crash happened. Charges are pending.

A Fort Walton Beach man is being charged with DUI causing property damage and careless driving for a Monday night accident at Eglin Parkway and Yacht Club Drive.

John E. Hoppe, who is 59, was northbound on Eglin Parkway when he failed to stop for trafficand ran into the back of a Harley Davidson motorcycle driven by 29-year-old Jeremy G. Bauer, according to the Florida Highway Patrol media release.

Bauer avoided injury by jumping off of his motorcycle when it was rear-ended.

The incident happened at around 10:45 p.m.

Bauer said that as he was waiting for the light to change, he looked into his rearview mirror and saw that he was about to be hit by a Buick. As the 1989 Harley Davidson flew forward on impact, Bauer jumped up.

Bauer was wearing a helmet at the time of the wreck, but he did not need it. The Shalimar resident said he landed on his feet.

“I'm lucky that I didn't get hit by the car,” Bauer said.

The bike, which overturned and slid forward, did not fare well. Bauer's initial inspection noted a broken rearview mirror, bent fender, damaged rear wheel, broken handlebar and busted tail light.

“It has to go to the shop. We had to drag it (out of the street),” Bauer said.

Hoppewas uninjured. The car sustained a little bit of damage to its front left side.

Authorities are searching for three burglars who crashed in West Boca as they fled the crime scene Tuesday morning.

The crash happened around 10:30 a.m. at Boca Pointe Drive and Southwest 18th Street, according to the Palm Beach County Sheriff's Office.

A witness to the nearby burglary was following the three suspects as they fled in a Chrysler Sebring. Soon after, the men crashed into a white BMW and a white Infiniti, causing at least one car to flip over.

The men ran away, and the Sheriff's Office set up a perimeter in the area. No one was injured.

A tragic accident in Tallahassee sends a pregnant woman and a child to the hospital and apparently a faulty emergency brake is to blame.

Rachel Malphurs says two of her young daughters were in the care of a babysitter and the sitter's boyfriend when her two year old accidentally knocked the gear shifter of the parked car into neutral.

Malphurs says there were no keys in the ignition at the time and the emergency brake was on, but it did not work properly. That's when she says the pregnant woman picked up her 15 month old child and the two were struck by the vehicle. The two were taken by ambulance to Tallahassee Memorial Hospital.

"Accidents happen, I can't blame anybody for it, it was a malfunction with the vehicle itself, there was no neglect involved, I mean they were doing what they were supposed to, they were taking care of the kids," said Malphurs.

The child's leg was broken and the sitter's un-born baby is doing well, but the extent of her injuries is unknown at this time. We have made several attempts to get a statement from the Tallahassee Police Department, but they say the incident is under investigation and they cannot release any details at this time.

Malphurs says officers told her they are calling it an accident and said no charges will be filed.

On Jan. 19, 2004, plaintiff's decedent Jerry Carswell, a 61-year-old high school track coach, went to CHRISTUS St. Catherine Hospital in Katy for treatment of kidney stones. He died on Jan. 22. His family claimed that Carswell died of respiratory depression and arrest as a result a failure to monitor him following the administration of painkilling drugs.

Carswell's family, individually and on behalf of his estate, sued CHRISTUS Health for medical malpractice alleging negligent treatment. The family also claimed fraud, breach of fiduciary duty and interference with the right to internment. The family claimed that Carswell, who had impaired liver function and therefore an imparied ability to clear drugs from his system, was injected with an combination painkillers Demerol and Phenergan and left unattended for an 90 minutes in violation of the nursing standard of care.

The family claimed that hospital representatives then persuaded his wife to sign a release allowing the autopsy to be performed by a Christus-employed pathologist with representations that it would be "as good as" an exam by an independent pathologist. The family also claimed that the hospital representatives said the county Medical Examiner's Office would not take the case and a private pathologist would be too expensive. The family claimed that the hospital fraudulently obtained the wife's consent to do the autopsy.

The family claimed that the hospital tried to hide things from the family and discarded urine and blood samples taken from Carswell and did not timely disclose that his heart was retained for further study. The wife discovered 18 months after filing suit that her husband was buried without his hear. Plaintiffs' counsel argued this constituted spoliation of the evidence and interference with the right to internment.

Defense counsel argued that the painkiller dosages given to Carswell were reasonable and not large enough to be fatal, and no standard of care was violated. Defense counsel maintained that Carswell died of unrelated causes. Defense counsel argued that any statements made to his wife concerning the autopsy were true and the autopsy was complete and appropriate. Defense counsel argued that the blood and urine samples were discarded as part of normal procedure and were irrelevant, as the drugs could not have been the cause of death.

The court fined Christus Health $250,000 for failure to timely disclose the blood and heart tissue samples. An appeal of the sanction was denied before trial. Defense counsel was barred from arguing that Carswell died of a sudden cardiac arrhythmia.

Estate of Jerry Carswell

$1,000,000 Personal Injury: actual damages

$1,000,000 Personal Injury: punitive damages

A new policy bans on-duty Florida Highway Patrol troopers from using hand-held cell phones while driving, a measure aimed at keeping the roadways safe using officers as an example, authorities said.

The ban went into effect Monday for the state's 1,650 troopers. The Department of Highway Safety and Motor Vehicles considers the policy proactive since Florida has no prohibition against holding a cell phone while talking and driving. Eight other states, including California and New York, have such bans.

"Don't wait on a law to tell you to do something you know you should be doing," said David Westberry, spokesman for the DMV, which oversees state troopers, "When you get behind the wheel, pay attention."

Troopers may use their cell phones only with a hands-free device.

"Members must be able to maintain both hands on the steering wheel while the vehicle is in motion," the policy states.

Local South Florida agencies, such as the Palm Beach and Broward County sheriff's offices, are considering similar bans, officials said.

The policy also requires troopers to pull over when using a GPS device or to use it in voice-activated mode.

Law enforcement agencies around the country have adopted similar bans.

In July, the Boise [ Idaho] Police Department barred employees from using cell phones and other handheld devices to text or e-mail while driving the agency's vehicles. This came after the Idaho Legislature failed to enact a ban.

Westberry said troopers spend most of their day behind the wheel and should be alert.

"This is their office, this is where they do business," he said. "Certainly they have the ability to handle that responsibility, but they [should not] be distracted."

It is difficult to track the number of trooper-involved crashes caused by cell phone distractions, Westberry said, because the cause of the distraction is not always noted on tickets. Westberry said he was unaware of any trooper-involved fatalities in Florida caused by cell-phone distractions.

Banning cell phone use without a hands-free device is a good idea, said Richard Mangan, a criminal justice professor at Florida Atlantic University.

"You're trying to respond to an emergency call, if you're using the cell phone there's diversion in terms of where attention lies," Mangan said.

Liability is a concern, too, he said. In the early 1990s, that's part of what led to bans against high-speed chases for minor infractions.

"If I were the parent of a kid hit by a [police] cruiser and the information came out that that person was using a cell phone, I certainly would be filing a lawsuit," Mangan said.

Safety is the name of the game, Westberry said, and troopers should adhere to it, too.

In a bolded note, the new policy states:

"Personal communications on cellular telephones or other wireless communication devices distract from the member's attention to duty and awareness."

Two teenagers were killed early Tuesday when the car they were in went out of control and slammed into a house, WPLG Ch. 10 reported.

According to the station, the incident happened about 2 a.m. near Southwest 172nd Avenue and Miramar Parkway.

The car was heading south on 172nd Avenue at a high rate of speed when it went out of control, spun into the northbound lanes and hit a tree before slamming into the house, WPLG reported.

No one inside the home was hurt, the station reported.

No other information was immediately available.

A Hillsborough County man was killed in a head-on collision about 6:30 a.m. Sunday on Heckscher Drive at River Crest Drive, according to the Florida Highway Patrol.

David Reyes, 42, of Riverview, was killed after drifting into the oncoming lane of traffic and striking a car driven by Dawn Miller, 35, said Highway Patrol Lt. Bill Leeper.

Miller, whose address was not available, was then struck in the rear by Nicole Demarco, 27, of Louisiana.

No information was available on whether any of those in the accident were wearing seat belts.

The road was closed in both directions following the accident.

A 3-year-old panther has died after being hit by a car in southwest Florida.

The body of the female panther was found Friday on Ochopee. It's the 15th panther to die this year.

The remains will be sent to the Florida Fish and Wildlife Conservation Commission's Wildlife Research Lab in Gainesville for necropsy.

A man was hospitalized with life-threatening injuries early this morning after losing control of his car on Interstate 4 and driving off the highway at the Orange Blossom Trail bridge, police said.

David Benjamin Schaefer, 22, of Orlando, was driving east, at a high rate of speed, and passed multiple vehicles as he approached South Orange Blossom Trail about 3 a.m., Orlando police reported.

Schaefer lost control, struck the concrete barrier wall on the left shoulder, flipped and traveled along the top of the barrier wall, and then fell onto the run-off under the bridge, police said.

Schaefer's Honda then overturned multiple times while rolling down the hill.

Schaefer, of Orlando, was thrown out of the Honda during the roll-over. He was transported to Orlando Regional Medical Center.

Orlando police said charges are pending. It is not immediately unknown if alcohol was involved.

All southbound lanes of I-95 were shut down early Sunday morning at Ives Dairy Road as crews investigated a deadly crash.

At 5 a.m. Sunday morning only one lane was getting by.

Florida Highway Patrol said three people were in the car when it crashed into a pole.

Witnesses say they saw the car drag racing, along with at least three other cars.

Two people died at the scene. A third victim was airlifted to Jackson Memorial Hospital.

A 14-month-old girl died Sunday after her father left her in a hot car for hours, police said.

According to investigators, the toddler's father left her in a car parked outside Holiness Born Again Church in Miramar while he attended services.

Officers believe the toddler was in the car for at least three hours.

The child was found unresponsive and transported to Memorial Regional Hospital where she was pronounced dead.

Charges have not been filed against her father.

Three people were taken to a hospital Saturday after a car crashed into an Oakland Park business.

The victims were inside the Discount Beauty Supply store, at 872 E. Oakland Park Blvd., according to the Broward Sheriff's Office. Oakland Park Fire Rescue took them to Holy Cross Hospital.

The driver was not hurt and the victims' injuries did not appear to be life-threatening, according to sheriff's spokeswoman Dani Moschella. The storefront was damaged.

A 9-year-old child was hit by a car and seriously injured Sunday evening in DeerfieldBeach, the Broward Sheriff's Office said.

Deputies and Deerfield Beach Fire Rescue responded to the crash, at 1250 SW Sixth Terrace, just after 5 p.m.

The child, who was not identified, was flown to Broward Medical Center with serious injuries, officials said.

Tampa Police say a bicyclist was killed in a collision involving three cars, making the victim the sixth cyclist to die on Tampa Bay area roads in the past two months.

The fatality happened early Friday morning (10/1). The victim was
described as a female in her mid-50s. The unidentified woman died
at the scene.

Police say the victim's body came to rest near a red, cinder
block house that was struck by a Nissan SUV with enough force to
loosen some cinder blocks. Police found the bike wedged beneath the
SUV.

Other details, including the names of the drivers, haven't been
released.

The woman's death happened just hours before a vigil was
scheduled for the recently killed cyclists.

St. Lucie County Fire District crews were donning special protective suits Friday morning along Interstate 95 to deal with an apparent suicide by poisonous chemicals, officials said. after encountering a car with a person inside and a sign on the window stating, "Do not open hydrogen sulfide," a fire district spokeswoman said.

Crews about 7 a.m. went to a rest stop on northbound Interstate 95 at just north of Orange Avenue, Fire District spokeswoman Catherine Chaney said. There they encountered a person in a car with a sign reading, "Do not open hydrogen sulfide."

Hydrogen sulfide is a flammable and poisonous gas with an odor of rotten eggs.

Chaney said the incident is a possible suicide attempt. She said crews smelled a "chemical odor."

The fire department's hazardous materials team is on scene to decontaminate the vehicle before detectives of the St. Lucie County Sheriff's Office can begin their investigation, according to St. Lucie Sheriff Ken J. Mascara.

"Fire district haz-mat team members are approaching the situation with caution because the gas produced inside the car may be poisonous and volatile. It may take a considerable amount of time to render the scene safe," according to a news release from Mascara.

There was no immediate information on the identity of the victim or the vehicle, Mascara said.

Clickorlando.com is reporting that a 200-pound black bear was struck and killed by four vehicles near Deland.

None of the motorists were killed.

On June 14, 2007, plaintiff Rocio Landeros, 16, a student; her sister, plaintiff Marta Perez, 25, a rehabilitation aide; and a friend, Jeanette Beltran, were in a vehicle at the intersection of Gosford and Shafter roads in a rural area of Kern County just south of Bakersfield, when they were struck by a vehicle operated by Gustavo Davalos Torres, a farm worker for Palla Rosa Farms.

Torres was to found to have had a blood alcohol level as high as 0.16. He was driving his work pickup back to the company yard when he ran a stop sign, striking the plaintiffs.

Rocio and Perez sued Torres and Palla Rosa Farms, alleging that Torres was negligent in the operation of a motor vehicle and that Palla Rosa was vicariously liable for his actions. They also had a cause of action for punitive damages against Torres based on his driving while intoxicated.

Beltran settled during mediation for $1 million.

Palla Rosa Farms settled out before trial for $5 million with Rocio and Perez.

The defense argued that Rocio was not a licensed driver and as such, she was not an insured driver per Proposition 213. The trial judge ruled by way of the plaintiffs' motion in limine that Rocio was an insured driver as she was a permissive user of an insured vehicle.

The brain injuries affected Rocio's ability to have normal function of the left side of her body, which resulted in limited use of her left hand and a dropped left foot. The brain injury also affected her vision and her cognitive abilities, leaving her with impaired memory and judgment. She also suffered a personality change.

The plaintiffs claimed that Rocio would need at least attendant care for the rest of her life.

The defense contended that with a lot of intensive rehabilitation Rocio would be able to become self-sufficient and possibly live independently.

Perez suffered lacerations to her head, as well as slight bleeding in her brain. She was off work for six weeks.

Both plaintiffs sought recovery of damages for pain and suffering, medical costs and punitive damages, as well as lost earnings.

The jury found for the plaintiffs and awarded $31,669,208 to Landeros and $79,386.55 to Perez, for a total verdict of $31,748,594.55.

With the addition of the $5 million settlement from Palla Rosa Farms, Rocio and Perez recovered a total of $36,748,594.55.

Rocio Landeros

$1,106,208 Personal Injury: Past Medical Cost

$7,000,000 Personal Injury: Future Medical Cost

$13,000 Personal Injury: Punitive Exemplary Damages

$1,100,000 Personal Injury: FutureLostEarningsCapability

$1,000,000 Personal Injury: Past Pain And Suffering

$21,000,000 Personal Injury: Future Pain And Suffering

$450,000 Personal Injury: homemaker expenses

Marta Perez

$1,400 Personal Injury: Punitive Exemplary Damages

$40,000 Personal Injury: Past Pain And Suffering

$37,987 Personal Injury: past economic damages

Police said a vehicle this morning rear-ended two mounted volunteers and Orlando police horses on their way to the opening of the Amway Center in downtown Orlando.

Sgt. Barbara Jones of the Orlando Police Department said one of the volunteers suffered non-life-threatening injuries and rescue crews transported the patient to a local hospital. The other volunteer declined medical attention.

Officials returned the horses to the Police Department's stable, where a veterinarian will evaluate their injuries.

Jones said one horse suffered injuries to his hind area and another had a mouth wound.

Reports show the accident happened on Church Street and Norton Avenue sometime around 8 a.m. as the volunteers headed toward the Amway Center.

Jones said the volunteers and OPD horses, Captain and Peanut, were traveling east and riding side by side on the right hand lane of Church Street as they approached Norton Avenue.

The driver of a Lincoln Town Car was behind the officers and traveling about 25 mph when she struck the horses and volunteers.

She told officers she didn't see the horses because the sun's glare was in her eyes and her visor was down. The driver's name was not released and it is unclear if she will face charges in the incident.

A Hollywood firefighter was fighting for life at Hollywood Memorial Regional Hospital Thursday after a skimboarding accident.

According to a spokesperson for the city of Hollywood, the man was skimboarding -- a sport in which a person glides across the water's surface on a small board -- near Nebraska Street on Hollywood Beach.

But just after 3 p.m., witnesses said he took a tumble and was knocked unconscious.

Other off-duty Hollywood firefighters happened to be nearby.

"It was very sad, because he looked so lifeless," said Althea Wilson, a witness.

"They were the first on the scene and they were able to administer immediate medical care to him," Raelin Storey, a Hollywood city spokesperson, told Local 10's Janine Stanwood.

Storey said the man's vital signs came back and he was transported to the hospital in critical condition with a neck injury.

It was not immediately clear how those injuries could affect the firefighter's mobility.

"He has a tremendous amount of support among the Hollywood firefighters and his family. And so, there are a lot of people pulling for him," Storey said.

"I'm praying that a miracle happens for him because he deserves it. I'm sure he's done a lot of miracles in his life, too," Wilson said.

Todd Cooper was returning Wednesday from a family dinner at Five Guys Burgers and Fries, his 11-year-old daughter and three younger children in the car with him.

Behind the wheel of a Honda Accord on Pomeroy Street at about 7 p.m., the 36-year-old father was turning on a green light onto westbound Kanner Highway when an eastbound Oldsmobile didn't stop at the red light, according to the Florida Highway Patrol. The Oldsmobile, driven by Michael Opsincs, 26, slammed into the 1996 Honda in a "T-bone" manner and left it in two pieces.

Brianna Cooper, 11, died after being taken to Martin Memorial Hospital South in Port Salerno, while Bryce Cooper, 9, and 3-year-old twins Briley Cooper and Brandon Cooper sustained critical injuries. The latter three eventually were transferred to St. Mary's Medical Center in West Palm Beach, said Scott Samples, public information coordinator with Martin Memorial Health Systems.

"She was special," Howard Marder, Todd Cooper's brother-in-law, said of Brianna on Thursday outside the Cooper home on Southwest Regal Terrace west of Interstate 95. "She also had the ability to, when needed, kind of fill in for her mom, also. It was a big family and she cared for those children, too, when needed."

The rear of the Honda also hit a 2009 Hyundai that was westbound on Kanner Highway and stopped at the light. Kevin Bonura, of Stuart, was driving, and his wife, Lisa Bonura, was the passenger. Neither was injured.

Brianna was a sixth-grade student at Dr. David L. Anderson Middle School, while Bryce is a third-grade student at Crystal Lake Elementary School, said Cathy Brennan, Martin County School District public information officer. She said grief counselors were at both schools Thursday to give extra support to students, faculty and staff.

"The schools are focusing on making sure that all of the students who are friends and know the children who are involved have all the support that they need," Brennan said. "Our hearts, our thoughts and our prayers are with the family."

Marder said Todd Cooper works at a number of jobs, while his wife, Cindy Cooper, works for a doctor in the Jensen Beach area. He said Todd and Cindy married in 1998.

Marder said Todd Cooper sustained a broken breast bone and cuts.

"They're very tight in this community," Marder said. "The whole thing right now for the whole family is kind of surreal."

Dennis McKenna, 54, said he knows the Cooper family well, saying Todd Cooper always spent time with his family and took care of them.

"Brianna had a way of her that she was a star," McKenna said. "Brianna had a way of her that she was an angel."

He said Brianna worked on the safety patrol when she attended Crystal Lake Elementary.

"She would take our children out of the car and send them off into school," McKenna said. "When Brianna got off the bus and she wasn't a safety officer, she was still a role model for these little kids.

"She was a good kid. It didn't have to happen this way," McKenna said.

Todd Cooper sustained serious injuries and was taken to Martin Memorial Hospital South. He was wearing a seat belt. Samples said he was in good condition.

FHP Lt. Tim Frith said Briley and Brandon were properly restrained in child safety seats.

Opsincs was wearing his seat belt and sustained minor injuries. He was taken to Martin Memorial Medical Center in Stuart. Samples said he was treated and released.

Charges are pending.

Marder said a fund to help with funeral arrangements for Brianna has been established at Seacoast National Bank, and a fund to help with the family's financial needs has been established at Bank Atlantic.