Miami & Fort Lauderdale Personal Injury BLOG

How to Sue Shuckers for Injury

June 19th, 2013
Last Thursday night, June 13th, the nation was enraptured by the NBA Finals game between the Miami Heat and the San Antonio Spurs. The city of Miami was of course out en force in bars, clubs, restaurants, and other venues cheering on their team and enjoying food, beverages and the company of their fellow Miamians. Shuckers Bar & Grill located along the 79th Street Causeway in the North Bay Village area of Miami-Dade was host to a packed crowd of patron fans who were as ensconced in the action of the game as those in any establishment in the city. The enjoyment of the evening was abruptly and violently cut short, however, when the restaurant’s outside deck suddenly collapsed, sending at least 75 people who were dining on it into the water below.Regardless of what the reasons are for the collapse, it is clear that those who were injured have grounds for filing suit against those responsible. They will need to contact a qualified attorney who knows how to sue Shuckers for the negligence of the situation and the injuries sustained. The actual determination of who exactly is at fault is likely to be challenging though. According to the restaurant’s owner and North Bay Village police the restaurant passed a recent scheduled structural inspection but said that the deck was not included in the inspection because, according to the engineer who performed the inspection, waterfront and ancillary portions of the restaurant were not required as part of the inspection. Many people were also questioning whether or not the number of people on the deck itself at the time of the collapse exceeded capacity. City officials claim it is the fire department’s responsibility to determine that capacity while fire department representatives claim that onus falls on the shoulders of the city’s engineers.

The fact that no one truly seems to know who is responsible for determining the weight capacity of the Shucker’s outside deck is indeed unsettling, but it may or may not answer the question of who is truly responsible for the deck’s collapse. The unfortunate individuals who were injured in the incident would benefits from competent and knowledgeable legal counsel in order to help make that determination so that litigation can be brought against the appropriate parties, compensation can be awarded, and justice can be done.

 

Hickey Law Firm, P.A. –Miami Cruise Ship Attorneys handles cases of personal injury, cruise ship injury and sexual assault, and other personal injury cases.

How to Sue for a Truck Accident in Florida

June 19th, 2013

Our nation’s economy thrives on the trucking industry and its ability to move large quantities of products to cities across the country. Driving the massive vehicles that are used for this crucial element of commerce is something that requires a great deal of training and the professionals who are behind the wheel of America’s commercial trucks are among the best drivers on the road. Despite the care these men and women take in transporting goods from city to city, it is inevitable that on a long enough timeline an accident is going to occur. Any kind of auto accident is unfortunate and frightening for the all parties involved. But when one of these large trucks is involved in a collision the results can be exponentially more devastating and those who are fortunate enough to survive these kinds of accidents, assuming they are not at fault, are sure to suffer physically and emotionally. As a result they will inevitably and understandably want to be compensated to some degree for that pain and suffering.

So in a state like Florida with its many hundreds of miles of interstate highway and city streets flowing with commercial trucks and 18-wheelers, how does a person sue specifically for a truck accident? According to recent data from the National Highway Traffic Safety Administration (NHTSA), 11% of all reported motor vehicle accidents involved large trucks, which the administration defines as vehicles weighing over five tons. Nearly 75% of the people killed in those accidents were the occupants of the smaller motor vehicles while just over 15% were in the large trucks. There are any number of reasons why truck accidents occur, everything from driver fatigue to poor equipment (especially brakes) on the truck. Despite the reason for a truck accident, however, the fact remains that when they occur, statistically it is more often the occupants of the smaller passenger vehicles involved who pay the price, often times with their lives.

When it comes to litigation for these kinds of accidents, whether it is the victims themselves who file suit or, in the case of a fatality, the families thereof filing suit on behalf of the deceased, knowledgeable and experienced legal counsel is essential in getting the compensation that is deserved and needed in order for victims and their loved ones to restore order to their lives. Choosing just any attorney out of the phone book or from an internet search is at best an unwise decision. Care should be taken by the victim to find legal representation that is specifically experienced in large truck accident litigation and who has the competence and fortitude to see that justice is done for their clients.

Hickey Law Firm, P.A. –Miami Cruise Ship Attorneys handles cases of personal injury, cruise ship injury and sexual assault, and other personal injury cases.

Attorney Indicted for Cruise Ship Murder

June 18th, 2013

Cruise ship excursion can be among the most romantic and relaxing getaways imaginable for vacationers. It is not uncommon for couples to take a cruise ship vacation to get engaged or as their honeymoon. Many couples even rekindle a relationship that has long since gone cold in the hopes that doing so will lead to something permanent between them. As such, cruise ships offer an ideal setting for love. Apparently, however, for some people they also offer an opportunity to kill for financial gain, which is exactly what former Orange County, California attorney Lonnie Loren Kocontes attempted to do. And his attempt was a success, at least for a little while.

Lonnie Kocentes and Micki Kanesaki were married in 1995 but had a very tumultuous relationship, one of the reasons being that Kanesaki was an admitted alcoholic with a short temper Their marriage last 6 years and in 2001 they divorced. Despite their divorce, however, they lived with one another on and off until 2006 when they started to rekindle the fire between them that had gone out years earlier. This rekindling led to the two of them taking a cruise ship vacation together off the coast of Italy in late May of that year. On the morning of May 26 Kanesaki’s body was found floating near the coastline after Kocentes has reported her missing to cruise ship authorities. He reportedly stated that she was an angry drunk and had suicidal tendencies.

Italian authorities investigated the incident and at the time had no reason to disbelieve Kocentes’s account of what happened. However, Kocentes reportedly attempted to move nearly a million dollars out of some of Kanesaki’s bank accounts to which he was the beneficiary. The FBI was made privy to these funds transfers and began their own investigation of Kanesaki’s death. Their investigation eventually included the involvement of the Orange County district attorney as well as the OC sheriff’s department. The sheriff’s investigators found evidence connecting Kocentes to Kanesaki’s death which led to his being charged with murder for financial gain. If convicted he could receive either life in prison without the possibility of parole or even the death penalty.

Hickey Law Firm, P.A. –Miami Cruise Ship Attorneys handles cases of personal injury, cruise ship injury and sexual assault, and other personal injury cases.