Attorney Blog

First Chinese Wall Jury Verdict Comes From Florida

kcullen@cullen-law.com (Blog Author)33979 — Wed, 23 Jun 2010 08:00:00 EST

A Dade County jury recently awarded a Coconut Grove family $2.4 million in the first jury verdict in the United States involving defective Chinese drywall. Courts around the country had previously issued legal rulings in insurance cases involving Chinese drywall, but this was the first jury verdict against one of the companies that imported the poisonous building material.

The verdict came against Banner Supply Co., one of several companies that imported drywall from China during the building boom in the middle of the last decade. Although Banner insisted that it had no idea that the Chinese drywall was dangerous, evidence was introduced at trial that the Chinese company that made the wall board had warned Banner of the potential danger. The jury ultimately placed 55% of the blame on Banner, and the remainder of the fault on the Chinese company and one other.

The plaintiffs moved into their Coconut Grove in 2008, and have soon found themselves experience health problems. They moved out of their home and asked Banner to compensate them for renovating their home, for their inconvenience, and for the diminished resale value of their now-stigmatized home. Banner refused to pay for anythign more than renovation costs. The jury awarded substantially more.

This case highlights the importance of the court system in making sure that injured or damaged people are able to be made whole by recovering the full measure of their damages. Many corporations talk about justice and responsibility, but few are wiling to accept FULL responsibility for their actions. Without an open courthouse door, people like this Coconut Grove family would have no way to make a large corporation pay.

Self-Confessed Pedophile Church Worker Admits To Sexual Contact With Boys

kcullen@cullen-law.com (Blog Author)33252 — Fri, 11 Jun 2010 08:00:00 EST

Orlando resident Jerry Nickelson confessed to FBI agents that he had sexual relations with at least seven underage boys over the past 20 years. Mr. Nickelson apparently made these relevations while under investigation for multiple counts of possession of child pornography. Mr. Nickelson had been a pastor in a death ministry at First Baptist Church of Central Florida, but the Orlando Sentinel reported that the church insisted that Mr. Nickelson did not work with children at the church.

Interestingly, Mr. Nickelson told investigators that he had been "diagnosed" with pedophilia back in 1993 and had received counseling twice, but that he was still attracted to underage boys.

As we have previously discussed here, here, and here this story seems to repeat itself over and over. In our experience representing children who are the victims of sexual abuse, the people who perform these acts generally do not do it on a "one time only" basis. In our experience, these sexual predators keep seducing and abusing children until they are caught and put in jail.

Similarly, we see a lot of these offenders working around churchs, daycares, schools, and youth programs. Just because the church in this story said Mr. Nickelson's ministry didn't involve children, it would very unusua in our experience if he had not had regular contact with children during his activities at the church. It would be interesting to know what steps the church took to find out about Nickelson's background and prior "diagnosis" back in 1993.

Uninsured Motorist Who Killed A Man Is Finally Identified By DNA

kcullen@cullen-law.com (Blog Author)33251 — Fri, 11 Jun 2010 08:00:00 EST

A former Ocoee woman, Tiffany Tweedy, was finally arrested after DNA evidence suggested that she was involved in a fatal crash on Apopka-Vineland Road in Orlando back in November. On November 14, 2009, a motorcyclist was side-swiped and killed by a Chevrolet Suburban in a motorcycle vs. automobile accident. The driver of the Suburban got out of the vehicle, removed the license plate, and fled on foot. All that eyewitnesses could say was the the driver had mulitple piercings and had long hair.

Florida Highway Patrol troopers were able to salvage DNA from a steering wheel cover and styrofoam cup left in the vehicle. This evidence eventually led to Ms. Tweedy, who was arrested at her new residence in Oklawaha.

Local media is reporting that Ms. Tweedy had no valid drivers license at the time of this crash. This is horrible news for the survivors of this wrongful death victim. Without a valid drivers license it is difficult to conceive of how this driver could have bodily injury liability insurance coverage to pay the damages caused by Ms. Tweedy. Similarly, since the decedent was on a motorcycle, he will likely have no access to Uninsured Motorist benefits. Unfortunately, it looks like the only justice that the family of the dead motorcyclist will enjoy is whatever is meted out by the criminal justice system.

Lynx Bus Crash On Highway 50 Highlights Challenges Faced On Bus Accident Cases

kcullen@cullen-law.com (Blog Author)33108 — Tue, 08 Jun 2010 08:00:00 EST

Local media are reporting a crash on Highway 50 in Orlando involving a Central Florida Lynx bus and a smaller automobile. Evidence at the scene and from eyewitnesses indicates that the smaller vehicle rear-ended the Lynx bus. There was significant damage to the front of the small car. 13 people were reported injured -- 12 of them from the bus and the driver of the offending car. Fire rescue and several ambulances were dispatched to the scene. Several bus passengers were taken by ambulance to local hospitals.

When I read the story and wrote about it on my website, I started feeling bad for those bus passengers. Based upon experience handling bus accident claims, I know that bus accident victims face challenges that people injured in regular car accidents do not have to face.

For example, since a bus is not defined as a "motor vehicle" under certain Florida statutes and automobile insurance policies, injured bus passengers do not have access to Personal Injury Protection (PIP) in order to get their medical bills paid, like car crash victims do. Additionally, it sounds like there were more than 10 people injured in this bus accident. Unfortunately, each of the passengers is going to be vying for compensation out of the same pot of liability insurance carried by the rear-ending driver (if she carried any at all.)

Hopefully, the majority of the folks involved in this crash had group health insurance or some other access to quality medical care. I am also hopeful that the negligent driver had a large enough insurance policy to fully and fairly compensate each injured passenger.

Florida Drivers Have A Lot Of Room For Improvement

kcullen@cullen-law.com (Blog Author)32380 — Thu, 27 May 2010 08:00:00 EST

A new study published by GMAC Insurance that included Florida drivers indicates that 20% of all of the drivers on the road today could not pass a standard, written driver's test. This means some 41 million drivers. Test results this year show that fewer drivers know traffic signs than knew them last year.

Drivers from Idaho and Wisconsin did best on the tests, while drivers from New York did the worst. Florida's drivers ranked 43rd.

Tested drivers seemed to have the most difficult time with signs and safe following distances. Older drivers tended to better on the tests, than younger drivers, and men seemed to do better on the tests than women.

As an Orlando car accident attorney who has had an opportunity to take hundreds of depositions of at-fault drivers in car accident case s over the last 17 years, I can tell you that these results are not very surprising to me. Florida has several factors that seem to go hand-in-hand with problem drivers. We have a more transient population than most states. Many people are new to the area, and therefore unfamiliar with the roads. Rapid growth in Florida has lead to poorly planned and congested roads. As a state, we clearly need to do a better job of educating and training our drivers.

DeLeon Springs Drunk Driver Kills Two, Injures Two Others

kcullen@cullen-law.com (Blog Author)32318 — Thu, 27 May 2010 08:00:00 EST

The Associated Press is reporting that a DeLeon Springs man had been drinking when he ran a stop sign on Grand Avenue in DeLeon Springs and crashed into an SUV being driven by a younger (19-year old) DeLeon Springs man.

The drunk driver of the pickup truck, and a 22-year old woman riding as a passenger in the SUV were both tragically killed in the accident. The driver of the SUV, and the drunk driver's 17-year son, who was traveling as a passenger in the pickup with his father, were both injured and taken to Halifax Medical Center and Fish Hospital, respectively.

This is another tragic reminder of what can happen when alcohol and driving are combined. I've written about a couple of alcohol-related accidents here, and here, and here. There is simply no excuse for not calling a friend or calling a cab if you are too drunk to drive. The stakes are too high when a 4,000 lb. vehicle is involved.

New Smyrna Rear End Semi Crash On I-95 Causes Death

kcullen@cullen-law.com (Blog Author)32314 — Wed, 26 May 2010 08:00:00 EST

An Edgewater man was killed last night when his SUV was rear-ended by a semi-tractor trailer being driven by a Kansas truck driver. The crash occurred on Interstate 95, near State Road 44 and the New Smyrna Beach exit. The passenger in the SUV was seriously injured and was taken to Halifax Regional Hospital where the Orlando Sentinel reported she was in critical condition.

The Florida Highway Patrol is reporting that both vehicles were travelling in the outside lane of travel at the time of the crash. It is not currently known why the collision occurred. Regardless of the reason, our hearts go out to the family of the Edgewater man.

Although we do not currently know the cause of this crash, we do know that this crash reportedly occurred between 4:00AM and 4:15AM on a relatively rural stretch of I-95. It is probably safe to assume there was not a lot of traffic on I-95 at that hour, and it is unlikely that the Edgewater man was trying to make a sudden and unexpected stop on the Interstate. A reasonable explanation for this crash is inattentiveness or lack of alertness by the truck driver. It would be interesting to know how long this truck driver from Kansas had been driving at the time of the crash. It would be interesting to see the last time that this truck driver had a full night's sleep. This information is critical to the investigation of any trucking accident. Let's hope that the families of these most unfortunate people in the SUV get the information they need.

Young Mother Killed, Child Injured Allegedly Due To Street Racing

kcullen@cullen-law.com (Blog Author)32152 — Mon, 24 May 2010 08:00:00 EST

A 22-year old woman was killed and her 4-year old daughter was seriously injured in a head-on crash on Goldenrod Road in Orlando, near Curry Ford Road. Local television station WFTV is reporting that several eyewitnesses to the crash believe that the driver who hit the young woman was street racing down Goldenrod Road and lost control of his vehicle. The Florida Highway patrol is reporting that none of the individuals involved in the crash was wearing a seatbelt, and that they have not decided whether to charge the offending driver.

The 4-year old little girl suffered a broken cheek, fractured jaw, and her left leg was broken in three places. The driver of the vehicle that allegedly caused the crash is in critical condition in the hospital.

This story highlights the dangers of street racing. Street racing is obviously incredibly dangerous -- not only for the street racer, but also for anyone unfortunate enough to happen upon an area where a street race is going on. There have been attempts to curb and discourage street racing over the years, but stories like this one keep cropping up. Perhaps it is time for the Florida Legislature to take a fresh look at this problem and make the penalties for street racing even stiffer.

Confounding Crossroad: Rouse Road and Colonial Drive - Orlando, Florida

kcullen@cullen-law.com (Blog Author)32101 — Mon, 24 May 2010 08:00:00 EST

It is unusual that we ever get a real-life illustration of how our client's accident happened, but it happened to us last week. We were out in east Orange County by the University of Central Florida signing up a new client. He described how he he was heading east on Highway 50 (Colonial Drive) toward downtown Orlando, and approached the intersection of Hwy 50 and Rouse Road. He said a car in the oncoming left-turn lane attempted to turn left in front of him seemingly without ever seeing him. There was a big crash, ambulances, etc.

I was having a tough time visualizing the crash from his description, so I asked him to ride with my assistant, Terry McCamie, and me and show us the intersection. As I drove down Highway 50, I clearly saw the turn lanes. Multiple cars were backed up in both directions, most trying to get into the Super Walmart located at that intersection. As I came up to the intersection, the first car in the oncoming turn lane nudged out -- apparently trying to see into my through lane and see if the way was clear to turn left. Unfortunately, the nudging out took the car almost half of my lane. I had to take evasive action just to avoid the same kind of accident that badly injured by new client a couple of weeks before!!

I'm not sure whether it is impatient drivers, a crowded intersection, or what, but for all Orlando drivers who are reading this please be careful at (or better off, avoid completely) the intersection of Rouse Road and Highway 50. Something is going on there that is seemingly making this intersection very dangerous.

New Study Confirms Link Between Brain Injury and Depression

kcullen@cullen-law.com (Blog Author)32079 — Mon, 24 May 2010 08:00:00 EST

A new study published in the Journal of the American Medical Association confirms that patients who suffer traumatic brain injuries are much more likely than the general population to suffer with clinical depression. Researchers from the University of Washington discovered that people who have suffered traumatic brain injury (TBI) are eight (8) times more likely than the uninjured people to suffer with depression. And the researcher believe this number is conservative.

Doctors are seeing the study as validation for what they've seen going on with their patients for years. For example, the Los Angeles Times quoted David Hovda of the UCLA Brain Injury Research Center as saying, "Major depressive disorder can have severe consequences for recovery from TBI.

One interesting piece of the research revealed that the severity of the brain injury was a poor predictor of whether the brain-injured person would suffer with depression. While most of the people who suffered very serious brain injuries had significant depression, many who had mild and moderate brain injuries also were significantly depressed. Researchers found that people who were depressed before their brain injuries, or who had prior psychiatric problems, had are higher rates of post-injury depression. Similarly, patients who were involved in litigation were more likely to be depressed than those who were not.

This study mirrors our experience representing brain-injured people. Depression has been a very common consequence of brain injury with our clients. In fact, in one case the depression after a very serious brain injury became so severe that our client took her own life with an overdose of the several medications she was taking. Further, it has been our frequent experience that the litigation process tends to aggravate brain injury-related depression -- making our clients' conditions worse in many ways. It is my belief that this is known by insurance companies and the lawyers that represent them, and is but one more tactic used to put more pressure on our clients to give in and resolve their claims.

Red Light Cameras Become Legal Throughout Florida

kcullen@cullen-law.com (Blog Author)31875 — Wed, 19 May 2010 08:00:00 EST

Governor Charlie Crist brought some uniformity across the state of Florida when he recently signed into law a measure legalizing red light cameras across the state.

Beginning on July 1, 2010, all cities and counties in Florida are free to install red light cameras and begin issuing citations by mail to those drivers captured by still photograph running red lights. The citation will feature a fine of $158, of which $75 will go to the local government and $83 will go to the state. Out of the state's portion will be carved out $10 for health care, and $3 for the Miami Project to Cure Paralysis.

As I have previously written, the measure is expected to raise $29 million for the state of Florida this year, and as much as $95 million per year by 2014.

Vehicle owners will have to pay the fines unless they can prove that someone else was driving their vehicle, or that they were order by a government official to drive through the intersection.

Personally, I am torn about this law. While I am very much in favor of any measure that will make roadways safer for my family, I also dislike the Big Brother-type mentality that remote cameras placed everywhere seem to convey. How do you feel?

Florida Eliminates Statute of Limitations On Child Sex Abuse Cases

kcullen@cullen-law.com (Blog Author)31874 — Wed, 19 May 2010 08:00:00 EST

Child sexual abuse victims in Florida received historic good news on May 11, 2010, when Governor Charlie Crist signed into law Florida House Bill 525 which eliminated the statute of limitations on both criminal and civil claims relating to children under the age of 16.

The new law goes into effect and applies to any claim that would not have been barred by the existing statute of limitations as of July 1, 2010.

The main opponent lobbying against the new law was the Catholic Church.

This significant change in the course of Florida law allows abused kids to hold their abusers accountable for all of the damages that they haved caused. Since the psychology of child sexual abuse many times leaves victims unable to comprehend or even remember the abuse for many years after it occurs, the new law will help eliminate the injustice inherently associated with child sexual abuse.

The new law will help us in our fight to make children across Florida safe from sexual predators. Call us at 407-254-4901 with any questions.

Sanford Child Molester Case Show Why Child Sex Abuse Cases Are So Tough

kcullen@cullen-law.com (Blog Author)31871 — Wed, 19 May 2010 08:00:00 EST

A three-year prison term is waiting for Jeffrey DePew after he plead no contest to charges arising from alleged rape and molestation of a nine-year old girl. Mr. DePew, a 29-year old man, was offered a deal by Seminole County prosecutors because they claimed that they had no evidence to corroborate the nine-year old girl's claims. Nevertheless, prosecutors said they believed the girl's account of being raped twice, and molested once.

This case gets a reaction from me for a couple of reasons. First, it highlights a huge challenge that plaintiffs face in almost all child sexual abuse cases. This case -- like many similar cases -- amounts to a child's word versus an adult's word about what happened. Testifying in court is notoriously difficult for children under ideal circumstances. When a child is facing his abuser, the stress and anxiety felt by the child in giving testimony becomes exponentially worse -- and arguably worsens or aggravates the original abuse. Any caring parent would think twice about putting his child through something like this -- even when there is every indication that the child is telling the truth.

Second, my visceral reaction is that three years is too light a sentence for a man facing credible charges of raping and molesting a nine-year old girl. As a lawyer I can understand the challenges faced by the State Attorney's office in this case, but three years is the best they could do? Further, an article published by the Orlando Sentinel indicates that Mr. DePew will not be designated as a sex offender in the future. Really?

I am going to hope that I never see Mr. DePew's name in a news story again -- and particularly in a story involving a mentoring organization, a youth sports league, or a youth ministry. Unfortunately, in our experience, this is all too likely.

Lakeland Church Youth Worker Charged With Sexual Abuse

kcullen@cullen-law.com (Blog Author)31238 — Sun, 09 May 2010 08:00:00 EST

A 45-year old Lakeland man who worked in youth programs for the Church of Christ was arrested over the weekend and charged with lewd molestation. Michael Winborn is accused of inappropriately touching the genital area of two girls aged 9 and 11, under their clothes. According to a report from the Polk County Sheriff's Department, Winborn has been friends of both girls' parents through church for over 10 years.

The Lakeland Ledger reports that Winborn was extremely involved in youth activities at the church, serving in the church's youth programs, as a song leader, bible study leader, and coordinating trips for the youth at the church. Winborn is also attending the Florida School of Preaching through the church. It is unknown whether Winborn will be able to continue on his path to be pastor.

This story seems to be repeating itself again, and again in Central Florida. In our experience, these stories almost all have the same general theme. Usually it is a very nice man -- unmarried and without kids -- who becomes very interested in some kind of very youth-oriented activity. This person throws himself into the organization and quickly ingratiates himself with both kids and adults alike. He seems so nice, and so responsible, and so harmless, that the adults quickly begin to trust him. Before long, tragedy strikes. The adults almost always look back and see plenty of little things that -- if they had been paying close attention -- should have set of alerts (maybe not screaming siren and bell-clanging alerts -- but alerts nevertheless).

Of course, we demand that all organization background check people who will be working with children. We don't know if the Church of Christ did that with Michael Winborn. In addition, we should all demand that organizations that cater to children supervise all interactions with children by an adult. This means not only reporting if something abusive is scene. To us, it also mean acting on a gut feeling. If something doesn't "feel" right, then our children deserve for us to remove that adult from the situation.

Click for more useful information about child sexual abuse claims.

Former Palm Bay Scout Leader Arrested On Child Pornography Charges

kcullen@cullen-law.com (Blog Author)31140 — Thu, 06 May 2010 08:00:00 EST

Local media outlets are reporting today that Adam Brigham, a former Palm Bay Boy Scout troop leader, was arrested on federal child pornography charges. If convicted, Mr. Brigham faces 120 years in prison.

Apparently, law enforcement attention became focused on Mr. Brigham late last year when a New Hampshire police officer posing as a 14-year old boy on the Internet received requests from Mr. Brigham on MySpace for sexually explicit photographs. Apparently, Mr. Brigham made several requests from different boys -- all, in reality, police officers.

New Hampshire authorities eventually began working in cooperation with local Florida law enforcement. A search warrant was executed upon Mr. Brigham's residence early this year, but the results of that search were not reported by local media. Apparently, the Brevard scouting organization cut ties with Mr. Brigham after the search warrant was executed. A Brevard County sheriff's deputy involved in the investigation indicated that Mr. Brigham had a history of being involved in activities across Brevard County where teenagers would be involved like sporting events and road races.

I would be very, very surprised if Mr. Brigham's activities with teens were limited to requesting photographs on the Internet. His profile -- and especially his involvement in youth organizations and activities when he had no children of his own involved -- is unfortunately consistent with almost every child sexual abuse case we've handled. Here is one example of a case we handled, and a child we were able to help get the counseling and follow-up care she needed after the abuse. More information is here. I would estimate that interviews with the parents and children involved in Mr. Brigham's scouting group would yield more incriminating information. It will be interesting to see how this case develops.

Cocoa Semi Accident Injures Six And Closes I-95

kcullen@cullen-law.com (Blog Author)31105 — Wed, 05 May 2010 08:00:00 EST

A blown tire on a semi tractor-trailer caused a chain reaction on Interstate 95 that resulted in a 3-vehicle collision, six injured, and I-95 completely shut down for hours today outside of Cocoa in Brevard County. The Florida Highway Patrol reported that an empty car carrier was traveling northbound on I-95 when one of its tires blew. The driver of the large truck lost control of his vehicle, crossed the median, and crashed into a passenger vehicle carrying several passengers, including a three-year old child. A pickup truck was also impacted.

Several passengers had to be removed from their vehicles by the jaws of life. Video recorded at the accident scene demonstrated vehicles that were absolutely demolished. Injury victims were taken by life flight and ambulance to local trauma centers. The baby was takend to Arnold Palmer Children's Hospital in Orlando.

At this point we do not know why the truck's tire blew, or what exactly lead to the truck driver losing control of his vehicle. In our experience, poor maintenance and/or lack of inspection are commonly causes of tire blowouts. Trucking companies have more stringent requirements that automobile owners regarding keeping records of maintenance and repairs. It will be interesting to see what we learn about this particular truck's maintenance, inspection, and repair record.

Pill Mill Pain Clinics Spreading Potential Trouble Across Florida

kcullen@cullen-law.com (Blog Author)31055 — Wed, 05 May 2010 08:00:00 EST

I recently read a very interesting article in Time Magazine about the almost viral proliferation of pain clinics in South Florida and the potential problems that accompany them. Most alarming to me was the suggestion that these clinics are spreading northward from Dade and Broward County and may soon be here in Orlando and Orange County.

According the Thomas Collins, the Time correspondent, there are now more pain clinics in Broward County, Florida, than there are McDonald's restaurants. There are 115 pain clinics in Broward County and the consensus is that one clinic is busier than the next. The chief reason that pain clinic waiting rooms are buzzing: oxycodone. The nation's top 25 oxycodone-dispensing doctors are in Florida -- 18 of those are in Broward County.

There is no system to tell whether the patients at these clinics have had oxycodone prescribed to them elsewhere, so drug abuse and overdoses are becoming more of a problem. I previously blogged about this physician-assisted problem here. In 2008 there were 3,750 deaths in Florida attributed to prescription drug overdoses, and increase of 1,000 deaths in just two years before. These deaths by overdose dwarf the number of death by overdose from cocaine and heroin.

Drugs are so easy to get in South Florida that people are driving down from as far away as Kentucky and Ohio to get their oxycodone. The Florida Legislature has created a pilot program to try to track prescriptions, but tough budget times have kept them from funding the program.

Until we see some kind of legal crackdown, these pain clinics are going to proliferate. Because there is no kind of background check or criminal check required of pain clinic owners, many of the wrong kinds of people are now getting into this kind of business. Wise consumers would be smart to avoid these kinds of clinics. We'll keep our fingers crossed that Orange County government will be proactive on this issue. What do you think?

Tire Blowout Rollover Accident With Injuries Closes SR 408 In Orlando

kcullen@cullen-law.com (Blog Author)30994 — Mon, 03 May 2010 08:00:00 EST

A rollover accident on State Road 408 in Orlando closed the road to traffic for several hours on Monday. Local media outlets are reporting that Jearles House, of Orlando, was traveling eastbound on SR 408 when her vehicle overturned on the highway as a result of a blown tire.

Ms. House was extracted from her SUV by fire rescue and was taken to Orlando Regional Medical Center for treatment. A female passenger in her vehicle apparently walked away with no injuries. Traffic was stopped for over one hour while the wreckage and debris were moved, and repairs were made to the roadway itself.

We wish Ms. House the best with her injuries, but she is really fortunate that she was not killed. Tire blowouts - particularly those on the highway -- can easily be fatal. Tire blowouts happen for a variety of reasons, and it is very important for the victim of an accident caused by a tire blowout to salvage and keep as much of the tire as possible. Many times a close inspection of a blown tire will demonstrate faulty manufacturing or poor maintenance of the tire. Other times improper inflation of the tire is the culprit.

Tire blowout cases are very difficult to pursue. An injured consumer would be wise to consult with an attorney experienced in handling this kind of case, and working with the experts that are oftentimes essential to success in these claims.

Deaths From Police Chase On Highway 50 Leave Heavy Hearts

kcullen@cullen-law.com (Blog Author)30864 — Fri, 30 Apr 2010 08:00:00 EST

Friends and relatives of Amanda Taylor grieved Thursday as they remembered her in a memorial service at Aloma Baptist Church in Winter Park. Ms. Taylor was killed in a violent car accident on Highway 50 in Orlando last Saturday night when the car she was riding in was hit by a vehicle being driven by Jose Maisonet-Maldonado. Ms. Taylor's friend, Francesca Jeffrey was also killed in the crash, and a male friend in the car, James Leconte, was injured.

Mr. Maisonet-Maldonado had apparently been on something of a crime spree in Orange County earlier in the day. Hours before the deadly crash, he had stabbed and attempted to run over his girlfriend with a car.

Media reports are mixed about whether Mr. Maisonet-Maldonado was being chased by Orange County Sheriffs deputies at the time of the crash. It has been reported that Mr. Maisonet-Maldonado's vehicle was travelling at an extremely high rate of speed (perhaps up to 100 mph) at the time of impact. It is difficult to imagine why he was travelling so fast if he was not being chased.

Law enforcement agencies have specific rules about conducting high speed chases that are designed to protect bystanders and other members of the community from out-of-control vehicles fleeing a chase. It will be interesting to see whether the Orange County Sheriffs deputies involved in this situation followed department protocols.

While it is always sad to hear about young lives tragically lost, the loss of Amanda Taylor hits particularly close to home for this firm. One of my long-time legal assistants, Stacie, attended high school with Amanda and played on the softball team with her at Pine Castle Christian Academy. Stacie remembers Amanda as an always happy, smiling, and uplifting person. It certainly sounds like the world would be a better place with more Amanda Taylors in it.

Statewide Red Light Cameras: Revenue Source Or Safety Measure?

kcullen@cullen-law.com (Blog Author)30749 — Thu, 29 Apr 2010 08:00:00 EST

The Florida Legislature has passed a bill that would make red light cameras legal across the state. Florida Governor Charlie Crist must now decide whether to sign the bill into law.

Red light cameras act as sort of passive law enforcement. These cameras are programmed to automatically activate if a vehicle is in an intersection after a traffic light shows red. Special software reads the tag number of the cars in the intersection and issues traffic tickets to the offending car owner. Some cities and counties across Florida have been using red light cameras for years, however recent court decisions have brought the legality of the practice into question.

As a result, the state of Florida has gotten into the act and created a traffic statute that authorizes the cameras across the state. If Governor Crist signs the bill into law, beginning on July 1st violators will be fined $158.00, with no points or impact on insurance rates. Supporters claim that the measure will save lives and prevent injuries. Drivers who ran red lights allegedly caused 5,607 personal injuries in 2008.

However, it is the revenue stream that makes me wonder what the real motivation behind the movement is. Economists believe that the new law will generate approximately $29 million for the state of Florida this year alone. Similarly, economists believe that local governments will receive $10 million each year. I have previously written about this topic in our March newsletter, Life, Liberty, and the Law, which you can read here.

What do you think? Are red light cameras good safey policy, or primarily a source of revenue?

Fail: Florida House Says No To Texting While Driving Ban

kcullen@cullen-law.com (Blog Author)30630 — Tue, 27 Apr 2010 08:00:00 EST

Reports out of Tallahassee today indicate that the Florida House of Representatives has decided that it will not bring a proposed ban on texting while driving up for a vote this year. The Florida Senate is poised to pass an identical measure that would punish drivers for texting behind the wheel, and Governor Crist has repeatedly expressed an interest in signing such a measure into law.

As many of you know, I believe that distracted driving, and particularly texting while driving, is a serious danger that only continues to get worse with technological advances. I have previously posted about distracted driving on several occasions: here, here, and here.

Apparently, there is little sense of urgency about this problem in Tallahassee. Representative Ellyn Bogdanoff, of Fort Lauderdale, was the committte chair responsible for moving the ban on texting through the Florida House. She called the proposal "intellectually dishonest", and seemed to feel that texting while driving is no worse or different than other distractions that drivers face in their cars. She suggested that the difficulty in enforcing a ban on texting while driving wouldn't be worth the effort to pass such a law.

I disagree with Representative Bogdanoff on this one. Even if the ban on texting while driving would be difficult to enforce, if a new law made a driver think twice and put his phone down and not cause an accident, the "effort" to pass the law would be well worth it. I know the people that we have represented who have been injured by distracted drivers would have appreciated there being some reason for texting drivers to think twice before doing so.

On a side note, I think it would be interesting to see who is lobbying against the texting while driving ban, and similarly interesting to see which legislators mobile phone companies have been contributing to in legislative this session. Such information could provide a clue about why this measure is having trouble getting to the floor of the Florida House.

Learn The Worst Mistake Anyone Can Make In a Personal Injury Case

kcullen@cullen-law.com (Blog Author)30597 — Mon, 26 Apr 2010 08:00:00 EST

Contrary to what may be popular belief, dishonesty and lies do not go hand-in-hand with personal injury cases. In fact, in my opinion the most critical mistake any accident victim can make is to be dishonest or to lie about any issue in the case -- big or small.

Credibility may be the most valuable element to any personal injury plaintiff's case. Insurance companies have spent a lot of money and years of effort to convince potential jurors that every person who claims a personal injury due to the negligence of another should be viewed with skepticism at best, and scorn at worst. The moment that an insurance company or a juror determines that a personal injury claimant has lied -- about any issue -- then every aspect of the claim becomes suspect. I discussed this issue in more depth in my book, Asleep At The Wheel, which can be ordered here.

One of my recent cases unfortunately offers an insiders view of what happens when a client tries to hide the truth about his case -- even from his lawyers. I recorded a video about the experience -- which I hope never to have to deal with again. I have no patience for anyone that would lie to try to get money in a personal injury case, and I don't want anyone like that around my law practice. My clients do not need to lie or stretch the truth to make fair recoveries in injury claims.

If you have any questions about how to talk to a lawyer, or how you should answer questions posed by insurance adjusters or lawyers, call me at 407-254-4901.

13 Hurt In Two Major Accidents in Orlando and Daytona Beach

kcullen@cullen-law.com (Blog Author)30517 — Mon, 26 Apr 2010 08:00:00 EST

Seven people were hurt in a serious crash at the intersection of Oak Ridge Road and Rio Grande Avenue in Orlando, and six people were hurt in a 3-car wreck on International Speedway Boulevard in Daytona Beach, on Saturday night.

The accident on Oak Ridge involved two cars, and two of the occupants were reportedly seriously injured. Two children were also involved in this crash, but apparently their injuries were minor. The property damage to the vehicles was significant enough that fire rescue personnel had to use the "jaws of life" to extricate vehicle passengers.

In Daytona Beach, a white mid-sized sedan was travelling down International Speedway Boulevard when it attempted to make a left-hand turn on to Williamson Boulevard. For whatever reason, the driver of the white sedan apparently did not see an oncoming silver truck and turned right into the truck. The truck was forced into another vehicle in the crash. Several people were taken by ambulance to Halifax Medical Center. Two people were reportedly in critical condition, although the several children involved in the crash were unhurt. It is not known whether charges have been issued.

These stories remind us that we all must use the utmost care when operating our vehicles - particularly when we have children on board.

Eustis Hit-And-Run Driver Injures 3, Knocks Out Power To 2,000

kcullen@cullen-law.com (Blog Author)30516 — Sun, 25 Apr 2010 08:00:00 EST

Local media reported a serious crash in Eustis involving a hit-and-run driver, two flipped vehicles, three significant injuries, and 2,000 Progress Energy customers without power in the early morning hours Friday. The collision occurred at Orange Avenue and Center Street in Eustis at approximatley 1AM.

Apparently, the offending driver was operating his vehicle at a high rate of speed, ran a red light, and crashed into the accident victims. The energy involved in the crash was enought to push the victims' car into a curb, flip it, and cause it to take down a power pole. This caused a power outage in the Eustic area which luckily only lasted a short time.

The three occupants of the victims' vehicle were transported from the scene to local hospitals. The driver of the offending vehicle apparently fled on foot and has not bee apprehended.

Although we have no information about the identities of the injured parties, we hope that had selected Uninsured Motorist benefits when they purchased their automobile insurance. Uninsured Motorist benefits are designed to compensate a driver who has been hit and injured by a driver who has no insure, or does not have enough insurance to provide adequate compensation. Uninsured Motorist coverage can regularly be applied to hit-and-run accident.

Our free book, Asleep At The Wheel, contains a lot of useful information about Uninsured Motorist coverage and other topics that concern accident victims. The book can be ordered for free here. Or, you can call Kim at 407-254-4901.

Motorcyclist Seriously Injured In Crash At New State Road 50/State Road 436 Overpass

kcullen@cullen-law.com (Blog Author)30354 — Thu, 22 Apr 2010 08:00:00 EST

Cliffod Mayo, 29, was seriously injured in a crash early on April 22nd when his motorcycle was hit by a construction vehicle at the new State Road 50/State Road 436 overpass in Orlando. Apparently Mr. Mayo was making his way down Highway 50 when a large construction truck being operated by Mervin Butts negligently pulled into Mr. Mayo's path.

The force of the impact caused Mr. Mayo to be ejected from his motorcycle and on to the surface of Highway 50. Although some media outlets reported that Mr. Mayo had been killed in the accident, information received in our office from a family member indicates that Mr. Mayo thankfully survived this crash. The Florida Highway Patrol is reporting that charges are pending against Mr. Butts.

Those of us who live in Central Florida know that traffic has been affected by this large construction project for more than a year. Road construction always creates some potential for accidents because traffic lanes are often altered, there are often additional barriers and other obstacles in place, and most importantly, there are construction vehicles moving in and out of construction areas. Road construction operations have a duty to plan for this, and to train and remind their employees of this ever-present danger.

Our thoughts go out to Mr. Mayo and we hope for a speedy recovery from his injuries. I have written a book that answers many questions that people have after a devastating automobile accident. A free copy of the book, Asleep At The Wheel is available here.

Woman Dies, Others Seriously Injured In U.S. 27 Crash Near Clermont

kcullen@cullen-law.com (Blog Author)30199 — Tue, 20 Apr 2010 08:00:00 EST

Garnet Kohn was riding along as a passenger of Wendy Schell heading south down U.S. Highway 27, nearing the Four Corners where Orange, Lake, Osceola, and Polk Counties meet, when a car driven by Frank Glow, 83, pulled out in front of them. The crash was so severe that it caused Ms. Kohn's wrongful death later at the Orlando Regional Medical Center.

Media reports indicate that Mr. Glow and his passenger, Margaret Davis, also of Clermont, were both seriously injured. Ms. Schell was reported to have been seriously injured, as well.

Media and police reports are silent as to why Mr. Glow pulled into the path of Ms. Schell's Nissan. Mr. Glow was exiting the Sienna Ridge subdivision at Margaux Drive and was attempting to turn right into the same lane of travel as Ms. Schell. Those who know the area know that that intersection is very flat and wide open and traffic can be seen for hundreds of feet in every direction.

Our hearts go out to the family of Ms. Kohn.

Passenger Killed, Others Injured In Rearend Crash At Colonial and Goldenrod

kcullen@cullen-law.com (Blog Author)30066 — Fri, 16 Apr 2010 08:00:00 EST

Gloria Harness was killed last night as she sat at the red light of Colonial Drive and Goldenrod Road in Orlando. As Ms. Harness sat as a passenger in her friend Tyne Deacon's car, their car was rear-ended by a car being driven by Mark Hunt. Mr. Hunt was going so fast that his vehicle hit Ms. Deacon's then also hit a care being driven by Derrow Jean.

Ms. Harness was pronounced dead at the scene, whie Ms. Deacon and her minor daughter, Brianna, were injured at the scene both taken to the hospital for treatment.

According to media reports, the Florida Highway Patrol suspects that Mr. Hunt may have been intoxicated at the time of the crash. Charges are being reserved until alcohol tesing returns.

Our hearts go out to the Harness and Deacon families. If Mr. Hunt was drunk, there is no excuse for him driving that way. Florida law states that he can be held liable for punitive damages if he was drunk. It is will interesting to see how his insurance company deals with these issues.

Intoxicated Driver Finally Facing Charges For Wrongful Death Of Pedestrian

kcullen@cullen-law.com (Blog Author)29982 — Wed, 14 Apr 2010 08:00:00 EST

It took awhile, but the wheels of justice finally turned, and may soon bring closure to the family of Richard KIose. In July 2009, Mr. Klose was killed as a pedestrian by a car being driven by David Lanier, as Mr. Klose attempted to cross Old Canoe Creek Road in St. Cloud, Osceola County.

Mr. Lanier initially told investigators the Mr. Klose walked out in front of him, but there was nothing that he could do to avoid him. However, police determined that Mr. Lanier had cocaine and Xanax in his system at the time of the crash and initially charged him with DUI manslaughter. Because the initial blood test was not designed to reveal the amounts of cocaine and Xanax in Mr. Lanier's system, and because there is no legal standard for driving while intoxicated due to cocaine and Xanax, the State Attorney chose to drop all charges.

However, police were bothered by the wrongful death of Mr. Klose and refused to let go of the case and instead sent Mr. Lanier's blood samples to the University of Florida for testing. The blood test results from UF are much more comprehensive, so the State Attorney has decided to re-open the case against Mr. Lanier. An arrest warrant has been issued, but Mr. Lanier cannot currenlty be found.

We certainly hope that Mr. Lanier can be located, and that he will have to answer for what he has done. In our experience, many drivers who hit and kill pedestrians get a free pass for their carelessness. After all, the next best eyewitness in the pedestrian wrongful death case -- the pedestrian -- can't very well testify for himself. Drivers need to keep a constant lookout for everything going on around them, including pedestrians.

4-Car Accident Shuts Down Highway 408

kcullen@cullen-law.com (Blog Author)29979 — Wed, 14 Apr 2010 08:00:00 EST

Local media outlets are reporting a 4-car accident on State Road 408, at the I-4 interchange. The crash occurred during the morning rush hour, and caused State Road 408 to closed for hours.

More than one vehicle was damaged to the extent that drivers and other occupants were trapped in their cars. One of the accident victims was an Orange County sheriff's deputy who had to be freed from his vehicle by Orlando fire rescue officers.

Several people complained of personal injuries and were taken by ambulance to Orlando Regional Medical Center.

Central Floridians recognize this area as a high-traffic, high-congestion area - partcularly during rush hour. Drivers should drive defensively in this area, and should refrain from cell phone use or texting or anything else that might distract them from safe driving.

Here's what traffic looked like after the crash:

Orlando Catholic Dioceses Settles Stalking Priest Lawsuit

kcullen@cullen-law.com (Blog Author)29840 — Sun, 11 Apr 2010 08:00:00 EST

The Catholic Diocese recently paid an undisclosed amount of money to a woman who used to live in Lakeland to settle a lawsuit she brought involving a priest she said was stalking her. The Orlando Diocese fought the case for almost 4 years, even though the priest pleaded guilty to criminal charges for the underlying acts 3 years ago.

Walter Fisher (formerly known as Wladyshlaw Gorak) was a priest originally from Poland. His first job in the United States was as a priest in Newark, N.J. He transferred to Orlando in 2003. Discovery in the woman's lawsuit against the Diocese revealed that other priests and church employees had concerns about Father Fisher's interactions with women. Somehow the Orlando Diocese claimed that it didn't know about this history.

The victim from Lakeland allegedly began complaining about advances made by Father Fisher to the senior paster at her church, Father Matthew Mello of the Catholic Church of the Resurrection. However, Father Mello never did anything about Father Fisher. Finally, Father Fisher broke into the victim's home, overpowered her, and ripped off her clothes before she escaped in October 2004.

The Orlando Diocese finally removed Father Fisher from the ministry in December 2004, but not until after he had assaulted and battered the victim.

Organizations such as the Catholic Church can be held liable when their employees sexually assault people who are connected to the organization. These claims almost always involve negligent background checking or negligent supervision.

DJ-ing While Driving Is A Really Bad Idea

kcullen@cullen-law.com (Blog Author)29789 — Sat, 10 Apr 2010 08:00:00 EST

The Florida Highway Patrol is reporting that a major three-car automobile accident this afternoon on I-95 in Brevard County was caused by a driver who was distracted while trying to find a CD to insert in her car stereo. This highlights a campaign we've been on for months to reduce accidents due to distracted driving.

Apparently Quiara Miller, and her passenger, Ashley Douthit, were travelling southbound on Interstate 95 in Brevard County when Ms. Miller got distracted, lost control of her car, entered the grassy median, and overcorrected. Ms. Miller's overcorrection sent her into the northbound lanes of I-95 where she collided with a truck being driven by Patrick McClain, and another vehicle being operated by Virginia Lee. Apparently Ms. Miller and Ms. Douthit were both taken by emergency services to Parrish Medical Center in Titusville, but only Ms. Douthit's injuries were considered to be serious. For Ms. Douthit's sake, we hope that Ms. Miller was operating her car with adequate automobile insurance.

Searching for items in a car while traveling at high speeds down the interstate is obviously distracting, and obviously dangerous. We have previously discussed distracted driving in other posts here, here, and here. There is truly no substitute for an attentive and alert driver.

3rd Disney Bus Crash In Last Two Weeks

kcullen@cullen-law.com (Blog Author)29452 — Sun, 04 Apr 2010 08:00:00 EST

Walt Disney World bus drivers have had diffficult March and April 2010. Yesterday, an 80-year old Walt Disney World bus driver was cited for careless driving after crashing into the rear-end of a Chevrolet SUV that was stopped and waiting at a red light. The SUV was hit hard enough that it was pushed into another Disney vehicle waiting at the same traffic light. We don't know about injuries at this point.

Just before Easter, a different Disney bus driver was involved in an accident that took the life of a 9-year old boy, Chase Brubaker of Redington Beach in Pinellas County. Depending upon who you believe, the boy either veered his bicycle off the sidewalk and into the path of a Disney bus, or a Disney bus driver lost control of his bus and got up on the sidewalk. Either way, this is a wrongful death that did not have to happen. This is obviously a tragic, tragic loss for this family.

A week or so before that, Disney bus driver, Jean Valentin, was charged after rear-ending a distressed bus that was stopped just off of an exit with its hazard lights flashing. The Disney bus driver and seven of his passengers received serious injuries. Several of the Disney bus passengers said that they saw Mr. Valentin handling his cell phone or a radio shortly before the crash. Investigators also noted that there were no skid marks at the scene, suggesting that the driver was not paying enough attention to apply his brakes before the impact.

Disney's response to these stories has been to insist that it is continously auditing its procedures to make sure that its operations are safe. We hope that this is true, and not just lip service. This number of significant accidents in such a short time period seems like more than a coincidence.

3rd Disney Bus Crash In Last Two Weeks

kcullen@cullen-law.com (Blog Author)29451 — Sun, 04 Apr 2010 08:00:00 EST

Second Wrong Way Accident In Two Days Takes Life

kcullen@cullen-law.com (Blog Author)29377 — Thu, 01 Apr 2010 08:00:00 EST

It is difficult to understand how any driver can drive the wrong way down a major, crowded highway. Undoubtedly, the family of Efrain Ojeda is trying harder than anyone to understand how this could happen to their loved one.

Mr. Ojeda was killed while driving his van westbound on Highway 192 in St. Cloud. He was hit head-on by a vehicle being driven by John Roach. Mr. Roach was operating his vehice eastbound in the westbound lanes of travel. Not only was Efrain Ojeda killed in the crash, but one of his passengers, Jamile Gonzales, was also seriously injured.

At this point, nobody knows why Mr. Roach was driving the wrong way down Highway 192, but in our experience this kind of driving behavior is often associated with driving under the influence of alcohol or drugs. We hope this is not the case, but if it is, Mr. Roach would face exposure to punitive damages.

This is the second wrong way crash in Central Florida in the last few days. We discussed the wrong-way accident that occurred on Interstate 95 here. We hope this is coincidence that we stop seeing.

First Chinese Wall Decision Great News For Homeowners

kcullen@cullen-law.com (Blog Author)29244 — Tue, 30 Mar 2010 08:00:00 EST

Homeowners in Florida who are struggling with chinese drywall problems got some good news out of Louisiana this week when a judge there ruled that standard homeowner's policies should cover the damage caused by the faulty building material.

Louisiana and Florida are currently the epicenter of chinese drywall issues. Due to a shortage of drywall and a residential housing boom in Florida and reconstruction following Hurricane Katrina, cheap chinese drywall was imported to these states. Homeowners who had home built with chinese drywall soon began to complain of a sulphuric acid smell, and corroding appliances and wire and metal work in their homes. Because of confusion and difficulty identifying the actual manufacturers and importers of the bad drywall, many homeowners have had no choice but to resort to filing homeowner's insurance claims.

Insurers -- fearing having to pay a mounting number of claims -- have fought tooth-and-nail to avoid paying any claims. They have raised several policy exclusions -- language in insurance policies designed to limit the coverage available to the insured -- as excuses not to pay. The decision from the court in Louisiana is the first time a judge has ruled on these exclusions.

In this instance, the trial judge invalidated every policy exclusion raised by the AIG-family insurance company involved in that case. The insurance company has vowed to appeal. Read more about the case here.

We salute the judge in Louisina for closely studying the issues and issuing a courageous ruling. We handle insurance dispute cases. Call us at 407-254-4901 with questions.

Wrong Way Driver Causes Fiery Crash on I-95

kcullen@cullen-law.com (Blog Author)29243 — Tue, 30 Mar 2010 08:00:00 EST

Michael Lima never knew what hit him. He was travelling north from Ft. Lauderdale on Interstate 95 in Brevard County, near the Volusia County border. Unknown to him, Harry Brown, of Astor, had made a huge mistake. Somehow Mr. Brown had entered the Interstate on an exit ramp, and was traveling down the Interstate in the wrong direction.

Florida Highway Patrol records indicate that Mr. Brown somehow traveled 11 miles in the wrong direction before he crashed into to Mr. Lima, causing Lima's vehicle to roll into the median and burst into flames. Both men were taken by emergency transport to local hospitals.

At this point, only Mr. Brown knows why he got on Interstate 95 by way of an exit ramp, and why he never realized what he was doing over the course of 11 miles and simply turned around.

In our experience, the explanation usually has something to do with alcohol or drug use. In fact, we satisfactorily resolved a case a few months ago involving a drunk driver on a stretch of Interstate 95 near where this fiery crash occurred.

Accident victims may not know that in Florida they can collect punitive damages from a driver who causes an accident due to intoxication. Of all the automobile accident cases we handle, perhaps the most gratifying are those against drunk drivers. There is simply no excuse for drunk driving in our opinion.

Sexual Predators Continue to Strike Across Central Florida

kcullen@cullen-law.com (Blog Author)29044 — Sun, 28 Mar 2010 08:00:00 EST

Sexual predators continue to be a threat to children across Central -- from Ocala to Cocoa and all parts in between. Here I discuss a couple of recent stories -- one involving a church and the other involving a private school. Unfortunately, these types of settings are commonplace in the sexual abuse cases we've handled. I discuss a couple of things that any business or organization can do to reduce the risk of sexual abuse to a precious child.

Another Needless Volusia Motorcycle Tragedy

kcullen@cullen-law.com (Blog Author)28986 — Fri, 26 Mar 2010 08:00:00 EST

Whenever I read a story like the one I read today out of Ormond Beach involving a motorcyclist killed on U.S. 1, I wonder when the car-driving public in Volusia County is going to wake up and realize that Volusia County is perhaps the motorcycle-riding capital of the world, and that every driver in Volusia County needs to check -- and doublecheck -- for motorcyclists every time they take to the local roads.

Apparently, Eddie Coggins was riding his motorcycle northbound on U.S. 1 when Elizabeth Rothwell pulled out from Plantation Bay Road directly into Mr. Coggins direction of travel. Mr. Coggins tried to lay the bike down, but wound up being killed in the accident. There is no indication that Mr. Coggins was speeding or operating his motorcycle in anything but a reasonable manner.

Unfortunately, our experience with motorcycles accidents is that very few of them feature minor injuries. We have seen more wrongful deaths from motorcycle accidents than we'd like to remember. The same goes for amputations and serious head injuries.

All Florida drivers -- and particularly those in Volusia County -- need to remember to look for motorcyclists (and bicyclists, for that matter) every time they attempt to pull into traffic, change lanes, or make a turn. Nobody wants to be experiencing the kind of grief the Coggins family and Ms. Rothwell are experiencing right now. Our prayers go out to both families.

Daytona Car Accident | Wrongful Death of 4-year Old

kcullen@cullen-law.com (Blog Author)28891 — Wed, 24 Mar 2010 08:00:00 EST

There was a tragic story out of Daytona Beach this past weekend involving the wrongful death of a 4-year old who was hit by a car while walking on the sand of Daytona Beach. Ellie Louise Bland, here vacationing from England with her family, was walking on the beach holding hands with her great-uncle when she was hit by a Lincoln Town car begin driven by Barbara Worley. Apparently after Ellie was hit, several bystanders began yelling at Ms. Worley. Ms. Worley panicked, hit her accelerator instead of her brake pedal, and actually ran over the little girl – killing her.

The thing that strikes me about this story, is that it could so easily have been avoided. I agree with the Orlando Sentinel’s Scott Maxwell that it is time for Daytona Beach (and all Florida beaches, for that matter) to ban driving on the beach. Florida’s beaches are some of the best family vacation destinations anywhere in the world. Why wouldn’t we want them to be as safe as possible for children? Allowing drivers on the beach – regardless of the slow speed – just invites problems when we know that distracted children will be running around.

Additionally, from an environmental perspective, why wouldn’t we want some of Florida’s most valuable assets (the beautiful beaches) to be protected from pollution and the other negative effects of road traffic?

While the beach traffic on Daytona Beach doesn’t have a safety record any worse than the city’s other roads, it has had a recent history of fatalities in recent years. In our view, even one fatality is too many.
If you have any questions or suggestions regarding making Central Florida’s roads safer, call Kim Cullen at 407-254-4901 or visit his website at www.cullen-law.com.

Arrests Across Florida For Automobile Insurance Fraud

kcullen@cullen-law.com (Blog Author)28506 — Wed, 17 Mar 2010 08:00:00 EST

This week the State of Florida made multiple arrests in connection with insurance fraud. In one story, a Zurich Insuranc Company adjuster and several of his friends were arrested in connection with approximately $240,000.00 worth of fictitious injury and property damage claims -- claims where no automobile accident ever happened.

The other story involved the arrests of 19 people (4 in Orlando) in connection with staged accidents and Personal Injury Protection (PIP) fraud.

Orlando injury attorney Kim Cullen has prepared a video where he discusses these arrests. Check is out here.

Overdose Deaths Increasingly Linked to Physicians

kcullen@cullen-law.com (Blog Author)28298 — Mon, 15 Mar 2010 08:00:00 EST

I have recently become aware of a trend that is very disturbing. Apparently, more and more physicians are becoming involved in cases of overdoses of strong prescription drugs. This problem was first brought to my attention by Attorney Kay Van Wey, of Dallas, Texas. Kay called me during an investigation of the wrongful death of one of my former clients by overdose.

My client had suffered a horrible brain injury in Orlando and had relocated to Las Vegas so that she could be closer to her parents during her painful and troubled recovery. Unfortunately, she got involved with the wrong doctor - a doctor who prescribed her hundreds and hundreds of pills -- from very strong pain killers to psychotropic drugs. She became hooked -- with the doctor's knowledge, and eventually overdosed.

Today I read two stories that sounded eerily familiar -- one from Washington, D.C., and one from West Palm Beach. In Palm Beach County, Dr. Sergio Rodriguez was finally indicted on several charges of murder, as well as drug trafficing. According to investigators, numerous people across Florida died from overdoses from pain-killers and other medicine Dr. Rodriguez prescribed.

It is not difficult to imagine that Dr. Rodriguez will attempt to escape his criminal problems by claiming that the deaths were purely accidents -- that he didn't mean to do it. In such an instance, the doctor may be help responsible to the families for money damages in the civil courts for the wrongful deaths he has caused. It will be interesting to see if Dr. Rodriguez is every held liable. If you have any questions about wrongful deaths from overdoses, call Attorney Kim Cullen at 407-254-4901.

Innovative New Traffic Sign May Mean Fewer Car Accidents

kcullen@cullen-law.com (Blog Author)28291 — Mon, 15 Mar 2010 08:00:00 EST

We are always looking for innovative ways to make driving safer. When you have seen as many people's lives destroyed by car accidents and personal injuries as we have, you realize how important it is for city and county governments to approach road and traffic design with an open mind.

We liked this video from the recent TED conference featuring Gary Lauder, a venture capitalist. Gary is a big fan of roundabouts (and we are, too, because they remarkably lower the incidents of car accidents and serious injuries), but realizes that they are very expensive to build. Instead, he has proposed an elegant solution to reduce intersection accidents.

Sexual Abuse Allegations Lead to Shut Down of Green Isle Ranch

kcullen@cullen-law.com (Blog Author)27889 — Mon, 08 Mar 2010 08:00:00 EST

Under the category of "its about time", the Orlando Sentinel has recently reported that the Green Isle Ranch, a facility for troubled youth in the Clermont area, is closing its doors. In my opinion this could not have happened soon enough. Unfortunately, it appears that several children were sexually abused at the facility -- before anyone took the positive step of shutting the place down.

Apparently, the home organization that had been running the Green Isle Ranch -- Bridges of America -- felt like the facility couldn't weather the bad publicity generated by revelations about the sexual abuse. This negative publicity seemed to have been hurting registrations, as the facility was housing only six children when it was designed to host 32.

While allegations of sexual abuse involving six different children in late 2009 are serious enough, the facility had been previously shut down by Lake County Sheriff's officials in 2008 following reports of maltreatment of the children, as well as serving rancid food. There was definitely a failure of management, as well as negligence in the supervision of these children.

It appears that Bridges of America has done a favor for any child that may ultimately have found himself a resident of Green Isle Ranch. Hopefully the at-risk kids in Central Florida will find a place that it better-suited to their needs. Its seems a hearty "good riddance" is appropriate for the Green Isle Ranch.

Distracted Driver Almost Kills Hero

kcullen@cullen-law.com (Blog Author)27758 — Fri, 05 Mar 2010 08:00:00 EST

There is a new story about a driver distracted by her cell phone, with catastrophic consequences. I have been blogging about this topic for some time now, see here and here. In this instance, paramedic Chad Lowery was working a motorcycle accident scene when a driver distracted by her cell phone plowed right into him.

Lowery suffered a serious neck injury. His injury is such that he has to use a hard cervical collar, and has been ordered by his doctor not to lift anything as heavy as his 8-month old doctor. Obviously, in a physical job like paramedic, Lowery is have a difficult time getting back to work. The Lowery family is going to be living with the consequences of this careless driver's actions for a long time -- if not forever.

Fortunately, the Florida Legislature is addressing this troubling car accident trend. There are reportedly 17 different bills before Florida lawmakers addressing cell phone use in cars, and most importantly, the more dangerous texting while driving.

In Florida, drivers are responsible for safely operating their vehicles, and can be held liable if the engage in careless or negligent activity behind the wheel. Call Kim Cullen if you have any questions - 407-254-4901.

Bar Can Be Liable For Overzealous Bouncer

kcullen@cullen-law.com (Blog Author)27756 — Fri, 05 Mar 2010 08:00:00 EST

Christopher Monette went out to have a couple of beers with his brother in Daytona Beach. Little did he know that by the end of the night, he would be in the hospital diagnosed with a serious brain injury. According this this article, Monette got a little rowdy at The Doghouse bar in Daytona Beach, when a Doghouse employee named "Lurch" approached him and began to escort him out. Apparently, some exchange ensued, and Lurch ended up dropping or tossing Monette out of the bar and on to his head so violently that Monette was later diagnosed with a brain bleed.

To make matters worse, at the time of this attack at the Doghouse, Lurch was purportedly out of jail on bond for an attack earlier this year on a customer while he was working at another Daytona Beach nightclub called the Colliseum.

Unfortunately for the owners of the Doghouse, businesses are responsible for the actions of their employees in the course and scope of their employment. In situations like this one, the business owners of the Doghouse had a duty to background screen Lurch to make sure that he would be safe to have around its customers. Even a cursory background check should have revealed that Lurch (also known as Nathaniel Phelps) was facing charges for beating up a woman at the Colliseum.

Certainly, bar employees sometimes have to be firm with rowdy customers, but this level of violence is unexcusable. This isn't Patrick Swayze in Roadhouse, after all. The owners of the Doghouse should have done their homework before hiring Lurch. We have successfully handled cases against bars and nightclubs across Florida.

Osceola Teacher Sexually Abuses High School Student

kcullen@cullen-law.com (Blog Author)27670 — Wed, 03 Mar 2010 08:00:00 EST

What is it these female high school teachers and their male students? This week the Osceola County Sheriff’s Office arrested Dellys Serano, a teacher’s aide at New Beginnings School in Kissimmee, and charged her with unlawful sexual activity in connection with her sexual relationship with a 16-year old student. Ms. Serano is a 36-year old married woman.

Apparently suspicions arose when Ms. Serano began regularly giving rides to her parramore and a friend. She also openly purchased things for the boy she was having sex with including snacks, lunches, cigarettes, and even an air-soft pistol. She also regularly texted with the boy, including an offer to have “birthday sex” with him.

This is actually Ms. Serano’s second stint with an Osceola County school. She was previously a science teacher at Celebration High School until the summer of 2006, when her contract was not renewed at Celebration.

As always in cases involving the sexual abuse of a child in a school or any other supposedly safe facility, it will be interesting to see what kind of background check was completed by New Beginnings before Ms. Serano was hired. As this post is being prepared, new allegations are surfacing that Ms. Serano had a sexual relationship with a student at her old job at Celebration. If this information was somehow not divulged or was hidden in any way, it would seem that Osceola County Schools might be facing some big problems.

Additionally, it will be interesting to see what kind of supervision was applied to Ms. Serano, and what kind of interaction she had with the boy under the watchful eyes of her supervisors.

If you have any questions about legal rights in connection with claims of child sexual abuse, call Attorney Kim Cullen at 407-254-4901.

Social Media Could Trip Up Your Personal Injury Claim

kcullen@cullen-law.com (Blog Author)27500 — Mon, 01 Mar 2010 08:00:00 EST

More and more insurance companies are performing social media searches on personal injury accident victims, trying to get information to use against claimants. We just recorded a new video blog designed help accident victims navigate this emerging trend in insurance claims handling practice. Click here to check it out.

YMCA Deserves Credit For Admitting Responsibility For Sexual Abuse Incident

kcullen@cullen-law.com (Blog Author)27443 — Sat, 27 Feb 2010 08:00:00 EST

One of our local Orlando stations ran a story about the sexual abuse of a 7-year old girl by a 13-year old boy on the premises of the Tangelo Park YMCA. According to the story, the 13-year old boy was serving some kind of sentence imposed by the teen court, which included some kind of service time at the YMCA. Apparently, the 13-year old boy was left unsupervised and given access to other children. He followed a 7-year old girl into a bathroom and sexually abused her there.

To the great credit of the Tangelo Park YMCA, the facility has admitted legal liability for what happened to the little girl. They have admitted that the 13-year old was never cleared by the facility to be a volunteer there, and that a staff member unilaterally allowed the 13-year old unsupervised access. The parents of the child are obviously distraught that a juvenile offender would be allowed this kind of access to their daughter. Apparently, the YMCA and the parents are trying to work out some kind of settlement over the child's damages.

The reason that I am crediting the YMCA is that, all too often in these kinds of cases, we find that facilities and organizations that have been accused of negligent supervision or negligently exposing kids to dangerous people or situations often take extremely defensive and unreasonable positions about liability. The more common responses we see from defendants are denials and attempts to cover everything up. It is very refreshing to read about an organization that realizes that it has done something wrong and steps up and admits it.

Shard Of Glass In Your Salad? 'Get Over It'

kcullen@cullen-law.com (Blog Author)27441 — Sat, 27 Feb 2010 08:00:00 EST

We have recently accepted two new clients who have been injured by foreign objects in food. One client was eating a burger at McDonalds and bit into a very s harp piece of bone causing his tooth to break and requiring dental work. The other client was eating a salad at Crispers Restaurant (owned by Publix) when he bit into a large piece of glass, causing him to require a visit to the emergency room for a deep cut in his mouth. Both clients immediately reported the incidents, and both clients were fortunate enough not to have swallowed these dangerous shards, and were able to save enough of the foreign objects to show them to McDonald's and Publix, respectively.

The attitudes demonstrated by the claims representatives for these two companies has been basically that our two clients need to just "get over it". Neither McDonalds nor Crispers seems to want to take any responsibility for the fitness or wholesomeness of the food that the companies are selling. They seem to want to blame our clients or anyone else for the dangerous food they have served. This amounts to nothing more than adding insult to injury. Neither of our client asked to have their mouths torn up when they sat down to each their lunches.

Unfortunately for these companies, the law in Florida is that restaurants are responsible for taking all reasonable steps to serve wholesome food to customers. This includes making sure that sharp pieces of bone and shards of glass are removed from food.

Theme Park Accidents Lead to Business As Usual

kcullen@cullen-law.com (Blog Author)27440 — Sat, 27 Feb 2010 08:00:00 EST

I just read a piece by Nick VinZant at local news Channel 13 here. The gist of the piece is that accidents with injuries or death at any of the Orlando-area theme parks have very little, if any, impact on the traffic or visitation of the parks. A professor from the University of Central Florida was interviewed and said he thought Sea World should expect no short or long term consequences as the result of the recent death of a killer whale trainer following an encounter with a killer whale. The professor did note that sometimes the theme parks institute their own changes in procedure, but not always.

This has also been our experience with handling injury cases at the theme parks and water parks. Theme parks seem slow to institute changes to safety policies and procedures. In our experience, the local theme parks and water parks are very difficult to convince that they've done anything careless or negligent. Even when we convince them that they were negligent and get them to settle claims, they routinely force confidentiality provisions into settlement agreements and general releases. Of course, the affect of these confidentiality provisions is that the public-at-large never learns about the dangerous condition.

No wonder the parks never see descreasing attendance numbers.

Controversial decision about red-light cameras sparks debate in Tallahassee

kcullen@cullen-law.com (Blog Author)27284 — Wed, 24 Feb 2010 08:00:00 EST

Miami-Dade Circuit Court Judge Jerald Bagley has issued an Order finding that a Miami-Dade County town cannot issue citations based upon evidence from red-light cameras. Essentially, Judge Bagley found that the red-light cameras could not be used to replace a law enforcement officer issuing a traffic citation based upon a violation of Florida law. The judge ruled that only the State of Florida can pass traffic laws. Cities around Florida have been trying to avoid this by issuing city code violations instead of formal traffic tickets. This practice may have to end.

This issue is far from dead. Florida legislators have shown an interest in passing a state-wide law approving the use of red-light cameras. Legislators see these tickets as a cost-effective way to raise revenue as the proposed law requires local governments to share the revenue from new red-light camera violations with the State.

Drivers running red lights are a huge safety issue. Drivers running through yellow or red lights can cause serious car accidents resulting in spinal injuries, brain injuries, broken bones or scarring. Red-light camera seem like a reasonable way to encourage drivers to stop at red lights as they are supposed to.

Pedestrian Deaths From Car Crashes Can Be Avoided With Education

kcullen@cullen-law.com (Blog Author)27128 — Tue, 23 Feb 2010 08:00:00 EST

Metroplan Orlando announced this week that it is launching a comprehensive program to educate Central Florida drivers about how to avoid pedestrians and the often fatal accidents that occur when automobiles collide with pedestrians. This effort should be congratulated and supported in any way possible. Metroplan Orlando's own study estimates that there is one automobile versus pedestrian fatility each week in the Orange County, Seminole County, and Osceola County metropolitan area. In fact, just yesterday a woman in a wheelchair was struck and killed by a hit-and-run driver.

Local law enforcement obviously supports this effort, and recognize that it is a difficult undertaking to remind drivers to look out for people crossing the roadway at busy intersections and heavy commercial areas. According to law enforcement statistics the most dangerous roadways for pedestrians are Semoran Boulevard just east of Highway 50, Highway 50 in Orlando, and Orange Blossom Trail in Kissimmee and Orlando.

Although sometimes pedestrians are at fault for crossing against traffic lights, or crossing in impermissible locations, many of today's drivers are too distracted by cellular telephones, texting, and even surfing the internet on their phones. In our experience, this increasing level of driver distraction is a contributing reason why automobile versus pedestrian fatalities are on the rise.

Sexual Abuse In Clermont Facility For At-Risk Teens Didn't Have To Happen

kcullen@cullen-law.com (Blog Author)27126 — Tue, 23 Feb 2010 08:00:00 EST

Unfortunately, stories like the one that came out of Clermont last week about a facility called the Green Isle Children's Ranch are becoming too frequent. From looking at its website, it appears that the Green Isle Children's Ranch holds itself out as a place where broken, at-risk children can go to find safety and comfort in a Christian-based environment. Apparently, in November 2009, at least five teenaged residents came forward reporting that they had been sexually abused by another teenaged resident.

It goes without saying that any allegations of sexual abuse are extremely serious. Isolated incidents are one thing, but these allegations involve six teenagers. A press release issued by the Green Isle Ranch after local television news honed in on this story insists that the residents of the facility receive outstanding counseling, care, and attention. Further, Green Isle Ranch insists that the children are under direct adult supervision day and night.

Although we admittedly don't yet know the whole story, it is difficult to imagine that sexual acts involving six children could happen if the children were under direct supervision day and night. To the contrary, in our experience handling dozens of claims involving negligent supervision, it is usually a distinct lack of supervision that leads to sexual abuse. In our experience, facilities often lose sight of the fact that the children they are charged with caring for many times have deep-seeded emotional and psychological problems that make it very likely that their behavior will be inappropriate, and often in the form of sexually acting out. We certainly wish facilities charged with caring for troubled teens would fulfill their promises.

Webster Car Crash Kills Two

blog@www.cullen-law.com (News Author)15721 — Wed, 23 Jun 2010 08:00:00 EST

Two senior citizens were in serious condition at Lakeland Regional Hospital after being involved in a serious automobile crash in Webster, Sumter County, Florida, last Sunday.

Orlando's Channel 6 is reporting that Kodi Chamberlain and Roger Higby were heading southbound in a 2000 Jeep on State Road 471 when something made them leave the roadway to their right. Apparently the driver over-corrected, causing the Jeep to veer into oncoming traffic headed northbound. Unfortunately for an elderly couple, their's was the vehicle heading northbound.

Both Chamberlain and Higby were ejected from the Jeep, and Channel 6 reports that both men died from their injuries.

Our sympathies go out to the occupants and families from both vehicles. Although we do not know the exact details about the ejections of Chamberlain and Higby, our experience suggests that they were not wearing seatbelts. Ejections very rarely happen when seatbelts are properly used.

13 Injured When Lynx Bus Rearended on Highway 50

blog@www.cullen-law.com (News Author)15411 — Tue, 08 Jun 2010 08:00:00 EST

A Lynx bus full of passengers was rear-ended this afternoon on Highway 50 near I-4. Local media is reporting that 12 people on the bus reported injuries, and that the driver of the car that rear-ended the bus was seriously injured.

Local fire rescue was dispatched to the scene and triage areas were set up to treat injured passengers. Several were taken by ambulance to local hospitals, including one main who complained of severe chest pain.

Traffic on Colonial Drive was shut down for some time while the accident scene was being worked by first responders.

Click here for video of the accident scene.

Pit Bull Attacks And Mauls Child (For The Second Time)

blog@www.cullen-law.com (News Author)15208 — Thu, 27 May 2010 08:00:00 EST

A 3-year old was attacked and mauled by his grandmother's pit bull dog in Ormond Beach yesterday -- and this is not the first time that this child has been mauled by this dog. According to WKMG in Orlando, the young child was playing on the floor while being watched by his grandmother at her home, when the child reached out and grabbed the dog. The grandmother's pit bull responded by biting the child several times on the left side of the head. The boy suffered several deep laceration on the his head and one on his forehead.

Instead of calling 911, the grandmother took the child to the emergency room herself, along with the go. While he was being treated there, doctors noticed an older scar on the child's left cheek. It was at that time that it was revealed that the dog had previously bitten the child in the face. The grandmother indicated that she brought the dog alone because she was worried that one of her upsets relatives would kill the dog.

WKMG reported that the child's mother was livid, and that she had been under the impression that the dog was going to be left outside while her son was at the grandmother's house.

As a lawyer, I wonder whether the child (through his parents) has a claim against his grandmother under the Florida dog bite statute. As a parent, I am wondering why the child's mother would allow him to stay at the grandmother's house knowing that this known violent animal was still there.

Where do you land on this dilemma?

Distracted Driver Reaching For Cell Phone | Law Enforcement Injured

blog@www.cullen-law.com (News Author)15122 — Mon, 24 May 2010 08:00:00 EST

A distracted driver reaching for his cell phone crashed into three vehicles parking along South Apopka Vineland Road early this morning. A Florida Highway Patrol trooper and a Windermere police officer had pulled over a motorist to issue her a speeding ticket when Chris Patterson approached, began looking down in his car searching for his cell phone, and veered off the road impacting all three vehicles. Mr. Patterson was so distracted that he apparently did not see two police cars with full emergency lights activated on a traffic stop. Luckily both officers had yet to exit their vehicles and were sitting in their cars when Mr. Patterson arrived on the scene.

The two law enforcement officers were injured and taken by ambulance for treatment. The Florida Highway Patrol trooper had to be cut out of his vehicle by the jaws of life. The two law enforcement officers were treated and (thankfully) released from the hospital with only minor injuries. Mr. Patterson was field sobriety tested, but did not appear to be under the influence of alcohol. Local news outlets are reporting that Mr. Patterson's license had already been revoked for multiple traffic violations in recent years.

As I have discussed several times this year (here, here, and here) distracted driving is one of the biggest problems we face on Orlando roadways. Cell phones, texting, and soon -- websurfing -- all increase the change that a distracted driver will make a mistake and hurt or kill somebody. The Florida Legislature refused to do anything about texting while driving last session. What do you think about distracted driving?

Pedestrian Killed By GMC Pickup Leaving Destination Daytona

blog@www.cullen-law.com (News Author)14930 — Mon, 17 May 2010 08:00:00 EST

A 66-year old Holly Hill man was hit and killed last Saturday night as he attempted to cross U.S. Highway 1 near Destination Daytona in Ormond Beach. The Holly Hill man had attended a concert at Destination Daytona, and was crossing U.S. 1 after the show. Another concertgoer -- a 39- year old man from Longwood -- was also leaving the venue when he hit the accidnent victim with his GMC truck.

Destination Daytona is an entertainment complex in Volusia County whose anchor tenant is a Harley Davidson dealership. There are several restaurants, bars, and other motorcycle-related businesses. There is also a concert venue in the complex.

It is not known whether the accident victim was crossing in a crosswalk, or what road conditions or lighting conditions were. At the time that the Orlando Sentinel reported on this accident, charges by the Florida Highway Patrol were pending.

It is always important to be vigilant and to drive with car when leaving a sizeable event where pedestrians will be found. This is particularly true of events where alcohol might be served, as both drivers and pedestrians may be impaired and may not be utilizing best judgement. Many facilities will hire extra people to control or direct traffic unders such circumstances.

We feel for the family of the Holly Hill man, and hope that Destination Daytona avoids more tragedies like this one.

St. Cloud Martial Arts Instructor Arrested AGAIN For Sexual Abuse

blog@www.cullen-law.com (News Author)14642 — Mon, 10 May 2010 08:00:00 EST

No sooner did John Durinick bail out of jail on child sex abuse charges, than he was hit with another charge for improper sexual contact with another child. You may remember Mr. Durinick from my previous news comments. He is the St. Cloud martial arts instructor who was accused a couple of weeks ago of more than 100 counts of improper sexual contact with several of his martial arts students.

Apparently, after news reports surfaced concerning Mr. Durinick's first arrest, an additional 14-year old martial arts student came forward and reported that Mr. Durinick has inappropriately touched her at the martial arts studio where he worked.

As with most incidents like this, there is almost always a breakdown in either a background check or supervision of the sexual abuser. It is very rare that a sexual abuser of children begins his abuse behavior "out of the blue" or without some sign or forewarning. Learn more about child sexual abuse cases here.

Orlando Motorcycle Crash Kills Candelaria

blog@www.cullen-law.com (News Author)14511 — Mon, 03 May 2010 08:00:00 EST

A motorcycle ride turned deadly for Christian Rios Candelaria Sunday night on Conway Road, the Orlando Sentinel reports.

At approximately 10PM last night, Christian Rios Candelaria was riding his 2005 Suzuki motorcycle northbound on Conway Road. As Mr. Candelaria approached the Conway's intersection with Gatlin Avenue, an Infiniti being driven by 19-year old Garrett Beach attempted to make a left-hand turn from southbound Conway Road. Mr. Candelaria's motorcycle collided with the side of the Infiniti. He was thrown from his vehicle and later pronounced dead. The Orlando Sentinel reported that Mr. Candelaria was not wearing a helmet, but thanks to the Florida Legislature motorcyclists are not required by law to wear helmets.

Our hearts go out to the Candelaria family. Unfortunately, operating a motorcycle is an extremely dangerous undertaking in Central Florida. We have previously reported on the needless tragedies that have been created when drivers don't look for motorcyclists before pulling out here and here.

The unfortunate truth about motorcyclists is that they are exposed, and any mistake or lapse in judgement by the motorcyclist or the drivers around him will either lead to a serious personal injury or a wrongful death. We are in favor of additional training for drivers to be taught to look for motorcyclists on the roadways.

Lake County Bus Crash Nets At Least Five Injured

blog@www.cullen-law.com (News Author)14401 — Thu, 29 Apr 2010 08:00:00 EST

A Lake County public transit bus was rear-ended yesterday causing injuries to five people. WKMG is reporting that the bus stopped to unload passengers on U.S. Highway 441 in Tavares, near Angelo's Restaurant.

As the bus began pulling from the bus stop, it was rear-ended by a teenager driving an SUV. The impact was severe enough to injure four bus passengers, as well as the negligent teenage driver. In fact, the teenager was said to be on life support at Orlando Regional Medical Center.

As the father of a teenager, I pray that young man involved in this accident makes a speedy and healthy recovery. At the same time, I feel for the people who were sitting on the bus, minding their own business, when they became injured.

To make matters worse, unless the injured bus passengers have health insurance, it is going to be difficult for them to receive quality health care. Unfortunately, Personal Injury Protection (PIP) benefits are not available for injuries from bus accidents.

We have experience handling injury cases for bus passengers. Call us at 407-254-4901 with your questions.

Martial Arts Instructor In St. Cloud Accused of Sex Abuse of Children

blog@www.cullen-law.com (News Author)14090 — Thu, 15 Apr 2010 08:00:00 EST

An instructor at the John Emmons Taekwondo Academy in St. Cloud has been arrested on accusation involving multiple incidents of sexual abuse against children under 16.

St. Cloud Police arrested John Thomas Durinick, 39, on charges of lewd and lascivious battery on a minor, and lewd and lascivious molestation of a minor. Apparently, Mr. Durinick has been carrying on inappropriate relationships with two different 15-year old taekwondo students for about 18 months. Mr. Durinick was also charged with false imprisonment after one of the girls tried to flee his advances and he allegedly trapped her inside the martial arts school. Police believe that the majority of the abuse occurred at the school.

It will be interesting to see how this story develops. As a parent of children who are very involved in sports and other extracurricular activities, I want to believe that it is not true, and that an adult mentor or instructor would not take advantage of a child in such a way. I am curious about what kind of background check was done regarding Mr. Durinick, and what kind of reference checks took place. Similarly, I want to know what kind of supervision Mr. Durinick and these girls were under if these abusive acts took place over an 18 month period.

In our experience, there are almost always "warning signs" in these cases that something was wrong. Unfortunately, many times it is in hindsight, too late, that all of the signs add up.

Accused Drunk Driver Kills War Hero In Crash

blog@www.cullen-law.com (News Author)13865 — Mon, 05 Apr 2010 08:00:00 EST

Jason Russo, a decorated war hero from his military service in Iraq, was tragically killed when his motorcycle was hit by Okevin Moradian on County Road 419, near Chuluota, in Seminole County, Florida. Mr. Russo was riding his motorcyle home from his job as a state corrections officer at the Central Florida Reception Center off of State Road 528.

Accoriding to State Troopers, Mr. Moradian suddenly attempted to complete a turn right in front of Mr. Russo's motorcycle. Troopers believed that Mr. Moradian was drunk at the scene, but he refused to submit to a sobriety test. It appears that Mr. Moradian has some experience and expertise in dealing with roadside sobriety tests. Public records indicate that this is Moradian's third drunk driving arrest overall, and his second in less than one year.

Our hearts go out to the Russo family. It is difficult to understand how a multiple offender like Mr. Moradian should be allowed to continue driving. More needs to be done to keep people like Mr. Moradian off of the roads.

From a civil justice perspective, drunk driving potentially exposes the drunk driver to punitive damages. These are damages over-and-above the compensatory damages designed to make the injured party, or his family in the case of a wrongful death, whole. Punitive damages are designed to punish the wrongdoer, and to discourage anyone else from committing the same wrong.

Texting Bus Accident Danger | Seminole Auto Accidents

blog@www.cullen-law.com (News Author)13495 — Fri, 19 Mar 2010 08:00:00 EST

I was shocked when I saw this story on a local television website. Thea Lawler, a high school junior, got concerned when the school bus driver who was driving her and her schoolmates home from school reached for his cell phone and started texting while driving a bus load of kids. She quickly grabbed her own cell phone and took some photos.

To make matters worse, this bus driver was driving on State Road 436 - one of our areas busiest, most congested roads, and a road often listed as one of the most dangerous and accident-riddled roads in Central Florida.

This is just one more example of a problem I've been blogging about for months. I even shot some video about it.

Tragic Bushnell Motorcycle Crash

blog@www.cullen-law.com (News Author)13401 — Mon, 15 Mar 2010 08:00:00 EST

Our thoughts and prayers go out to the families of the two motorcyclists and their two passengers who were killed at the intersection of County Road 476 and County Road 629 in Bushnell this past Saturday night. The Florida Highway Patrol reports that Paul Sermons drove his 1991 GMC truck into the lane where the two motorcyclists were travelling. Apparently, Mr. Sermons was trying to pass a slower moving vehicle at the time.

This tragic motorcycle accident stands as a stark reminder to all of us who drive in Florida that we must look out for all types of vehicles as we operate our cars and trucks. As an avid bicyclist, I am particularly concerned the motorists look out for bicycles near the shoulder of the road. In Central Florida, we are blessed with a very active motorcycling community. This community of riders contributes to our economy in many positive ways. We need to be ever mindful of their presence on our roads, and to respect their right of way.

Troubled Green Isle Ranch Closes Down After Sex Abuse Allegations

blog@www.cullen-law.com (News Author)13279 — Mon, 08 Mar 2010 08:00:00 EST

The Orlando Sentinel is reporting that the national organization that had been recently running the Green Isle Ranch in Lake County has finally decided to pull the plug on the troubled facility. A few weeks ago, allegations surfaced that up to six of the teenagers at the facility had been involved in some sort of sexual activity or had been sexually abused by one of the residents. Meanwhile, the Green Isle workers assured the media that all of the children were being well supervised.

Apparently, the sexual abuse allegations, as well as the steady decline of teenage residents caused Bridges of America to decide to close Green Isle Ranch. This sounds like an appropriate end to this saga.

Paramedic Almost Killed by Driver Distracted By Cell Phone

blog@www.cullen-law.com (News Author)13249 — Fri, 05 Mar 2010 08:00:00 EST

Chad Lowery, an Orange County paramedic, is lucky to be alive. Apparently, he was working a motorcycle accidnet crash scene when a passing driver lost control of her vehicle and hit him. She has admitted that she was distracted by her cell phone. Lowery has suffered serious injuries to his cervical spine and can't lift his 8-month old daughter. We wish nothing but the best for Firefighter Lowery and his family.

Distracted driving is a disturbing trend. The Florida Legislature need to do something about this frequent cause of automobile accidents before more tragic stories like this one occur.

Bad Bouncer Brings Burden On Bar For Brain Injury

blog@www.cullen-law.com (News Author)13247 — Fri, 05 Mar 2010 08:00:00 EST

Check out this story from the Daytona Beach News-Journal. Apparently, this bouncer had a violent past. I wonder what kind of background check was conducted? This bar could be in serious trouble. Bars and nightclubs can be held liable for injuries caused by their overzealous bouncers or security staff. The patron in this case wound up with a very significant brain injury. It sounds like the patron was causing some trouble himself, but that doesn't excuse the level of violence that was administered to him by this employee - apparently named "Lurch".

Pediatrician Accused Of Child Sex Abuse

blog@www.cullen-law.com (News Author)13180 — Mon, 01 Mar 2010 08:00:00 EST

This is a tragic story from the Washington Post coming out of the town of Lewes, Delaware, involving a pediatrician accused of sexually abusing and molesting many his minor female patients since 1998. In some cases, the doctor even videotaped with hidden videocameras his encounters with the kids.

The story is an interesting read because it illustrates what we find to be the situation with the parents of the minor victims in many of our cases. In almost every case of child sexual abuse, the warning signs of abuse are there is plain sight for everyone to see - but people either choose not to see them, or have reasons in their own background that they are not equipped or cannot see them.

For example, in the Delaware story, the pediatrician used many of the standard "tricks" used by pedophiles to earn the trust of kids -- providing children with toys, candy, lots of personalized attention. Sadly, the parents in the Delaware story just took this to be eccentric behavior on the part of the doctor. This was actually a warning sign.

For more information, or to have your questions about child sexual abuse cases answered, call Kim Cullen at 407-254-4901.