Early yesterday morning a woman’s body was found on Interstate 75 near Ocala, Florida. Two Wildwood police officers were the first to notice something in the roadway. When the officers approached for a closer look, they realized the object was the body of a woman lying in the middle lane of the highway, about 400 yards from the Belleview exit. Police are not releasing the identity of the woman until her next of kin has been notified.

Traffic was immediately stopped along the highway and the officers notified Florida Highway Patrol around 7:00 am. When FHP arrived at the scene, they determined the woman must have been hit by passing vehicles several times but they did not know what time the accident occurred that left her in the road to begin with.

Police collecting evidence along the highway

While investigating, police walked along the edge of the highway, where it was thought the woman was walking prior to be hit, to collect evidence. Several items were collected and taken back to the police station. One of these items was a driver’s license belonging to the victim which allowed police to track down which local hotel the woman was staying at.
At the hotel, the woman’s Chevy Cobalt was still in the parking lot and was towed to be included in the investigation. Police also collected items from the woman’s hotel room for the investigation.

The woman’s body was taken to the medical examiner’s office in Leesburg, Florida. Traffic along the highway was reopened around 10:30 am.

So far this year, there have been 27 traffic related deaths in Marion County.

If you or a family member has been severely injured due to a traffic accident in Florida, call Hickey Law Firm, P.A. for a free consultation.

Primary Sources: http://www.ocala.com/article/20110629/ARTICLES/110629663/-1/entertainment02?Title=One-northbound-lane-open-after-I-75-accident&tc=ar

I’m attorney John H. (Jack) Hickey. In my years as a trial lawyer, I’ve learned that there are many misconceptions about our judicial system. For instance, many people incorrectly believe they can file a lawsuit directly against the insurance company of the person who injured them when they are unable to agree on a fair settlement of their claim. Florida law requires that the at-fault party, NOT his or her insurance company, be named in any lawsuit. There is no exception: even if the policy holder is a relative or close family friend he or she must be named in the lawsuit to force their insurance company to pay the claim. The insurance company defends the case and pays any verdict which is within the policy limits. The Rules of Evidence do not allow an attorney to tell the jury about insurance coverage. For this reason, you won’t hear any mention of insurance in most trials.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. See our website for information on what to do in the event of an accident involving serious injuries or death: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency fee basis; If we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. We have handled these types of claims for 28 years.

Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in Miami, Florida. For the first 17 years of his career, Hickey represented the railroads, cruise lines, and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice.

Hickey testified before Congress on crime and security onboard cruise ships, and on claims against cruise lines. Hickey is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

MIAMI – June 15, 2011 -Miami-Dade Circuit Court Judge Marc Schumacher has granted trial attorney John H. “Jack” Hickey’s motion to add a claim for punitive damages to a lawsuit alleging Royal Caribbean Cruises (RCCL) failed to fix a known toxic gas leak on board the “Monarch of the Seas” before it killed three and injured several crew members (Case Number: 08-45343CA05).

The decision comes after Judge Schumacher examined evidence and reviewed deposition testimony during an extensive evidentiary hearing to determine if RCCL’s alleged conduct was either intentional or constituted gross negligence. Punitive damages, which are not awarded in every civil case, are designed to punish a defendant for any wrongdoing and to deter bad conduct said Hickey.

“If we are successful, the jury will determine the amount of the punitive damages following the trial,” said Hickey who is representing former Staff Captain Bjoern Eidissen of Norway in legal action against RCCL. “The jury may take into account the net worth of Royal Caribbean, which according to SEC filings is approximately $7 billion.”

The fatal accident happened while the Monarch of the Seas with more than 3,400 passengers and crew was docked at the Port of Los Angeles in September 2005. According to the complaint, RCCL failed to maintain the permanent ballast tanks onboard the ship. These tanks contain mixtures of various types of water including gray water, pulper water and seawater. This combination creates hydrogen sulfide, a colorless, deadly gas that in the first minutes of inhaling it has a foul odor of rotten eggs. After the first few minutes, the person inhaling it smells nothing. Prolonged exposure can cause severe brain and lung damage while a high concentration can cause death.

The lawsuit claims as result of poor maintenance, one of the ballast tanks became clogged and the mixture inside created hydrogen sulfide gas. Hickey said the Marine Department directed RCCL to reroute the piping to that tank. When the workers assigned to fix the piping opened the tank, lethal hydrogen sulfide gas escaped in a huge cloud killing three of them. Eidissen and other personnel who responded to the emergency were also exposed to the hydrogen sulfide gas.

According to the lawsuit, records show Royal Caribbean never alerted the crew that a worker fixing the same pipe in March 2005 was overcome by the noxious fumes and nearly died and continued to operate the vessel basically as normal even hours after the second accident in September.

The complaint states that a condition of class, an approval of inspection with exception, was issued. The exception required that the subject bilge tank must be vented overboard when the ship was at sea. Hickey claims the recommended procedure was not followed properly, therefore endangering the health of passengers and crewmembers.

The lawsuit claims that the venting of the gas from the location of its origin was accomplished by a jury rig of fire hoses to the exterior of the ship. These hoses would then transfer the toxic gas from the tank to the exterior of the ship. The complaint suggests the accommodation was inadequate, and constituted a situation where the toxic hydrogen sulfide gas was blown back into the air conditioning system, exposing passengers.”

The lawsuit alleges that despite the fact that Royal Caribbean represented on its logs that venting took place only when at speed and at sea, venting actually took place whenever there was a pressure build up sometimes when the ship was not at speed and even in port.

According to the lawsuit, when the ship was drifting, at anchor, or at dock, the noxious gas was sucked back into the vessel and into the passenger areas including cabins, through the air conditioning intakes. This reportedly allowed the methane and hydrogen sulfide gas to leak into habitable areas on the ship including the areas in which Mr. Eidissen worked. Attorneys said the Monarch of the Seas received numerous passenger complaints about a foul smelling gas, in addition to several complaints from a stevedore company, dockside businesses, and the workers who eventually fixed the pipe while the ship was in dry dock.

For More Information Contact:
Charles Jones
cjones@cjonespr.com
305-987-7418

It has been reported that an outbreak of the Norovirus has recently affected many passengers on a Princess cruise to Alaska. More than one hundred passengers on the Sea Princess cruise ship became ill with the virus while on the trip.

Princess Cruises says a total of 142 people became ill during the ship’s May 30th-to-June 9th cruise, which visited Juneau, Skagway, Glacier Bay and Ketchikan.

According to the Centers for Disease Control and Prevention, Noroviruses are a group of related, single-stranded RNA, non-enveloped viruses that cause acute gastroenteritis in humans. The most common symptoms of acute gastroenteritis are diarrhea, vomiting, and stomach pain. Norovirus is the official genus name for the group of viruses previously described as “Norwalk-like viruses” (NLV).

Noroviruses spread from person to person, through contaminated food or water, and by touching contaminated surfaces. Norovirus is recognized as the leading cause of foodborne-disease outbreaks in the United States. Outbreaks can happen to people of all ages and in a variety of settings.

Important facts to remember about the Norovirus:

• Norovirus can make people feel extremely ill and vomit or have diarrhea many times a day.
• Most people get better within 1 to 2 days.
• Dehydration can be a problem among some people with norovirus infection, especially the very young, the elderly, and people with other illnesses.
• Noroviruses are highly contagious, and outbreaks are common due to the ease of transmission.
• People with norovirus are contagious from the moment they begin feeling ill to at least 3 days and perhaps for as long as 2 weeks after recovery, making control of this disease even more difficult.
• Norovirus can spread rapidly in closed environments like daycare centers and nursing homes

Noroviruses are found in the stool and vomit of infected people. People can become infected by:
• Eating food or drinking liquids that are contaminated with norovirus.
• Touching surfaces or objects that are contaminated with norovirus, and then placing their hand in their mouth.
• Having direct contact with an infected person; for example, by exposure to the virus when caring for or when sharing food, drinks, or eating utensils with an infected person.

Passengers who suffered from to the Norovirus on this cruise have posted their onboard experiences on a cruise review website. One passenger posted the following:

My husband (after following all the precautions) got the Norovirus and has now been affected for 5 days. We spent 3 days in our cabin.

Another passenger wrote:

My wife and I had never experienced the “adventure” of this illness before. I would rather not again. My case was quite mild, by my poor wife really suffered.

Once the cruise was over, employees disinfected the Sea Princess before new passengers boarded. The cleaning process took about four hours before a new set of passengers were able to board for another cruise.

Primary Sources: http://www.cdc.gov/ncidod/dvrd/revb/gastro/norovirus.htm

http://kcaw.org/modules/local_news/index.php?op=sideBlock&syndicated=true&ID=1856

http://www.cruisereviews.com/forum/princess-cruises/37052-sea-princess-norovirus-warning.html

The Florida Highway Patrol is investigating the cause of an accident that caused the death of Randall R. Graft, a 54 year old Pennsylvania tourist injured in a traffic accident over Memorial Day weekend in the Florida Keys. Mr. Graft had been in Jackson Memorial Hospital since the accident and died on Sunday from his injuries.

On the day of the accident around 7:45 am, Graft was at Mile Marker 6 of US 1 near Boca Chica Key, just east of Key West. He was traveling in a rented small, electric-powered vehicle heading southbound on US 1.

At the same time, Deputy Scott Ward of the Monroe County Sheriff’s Department was also heading southbound towards Higg’s Beach in Key West. He rear ended Graft’s golf cart like vehicle with his patrol car.

Graft, who was not wearing a seat belt and was the only occupant of the rental vehicle, was ejected, said Sgt. Mark Wysocky, a Florida Highway Patrol spokesman.

Graft was airlifted to Jackson Memorial Hospital’s Ryder Trauma Center in Miami. He was treated for about a week for multiple blunt force trauma injuries before passing away Sunday, June 5, 2011.

Larry Cameron, director of operations at the Miami Dade County Medical Examiner’s office, said an autopsy was conducted on Monday, June 6, 2011 but because of the ongoing investigation, he is limited as to what information he can release.

One of the looming questions is why Graft was on busy US 1 in the first place. The small electric-powered golf cart like vehicles Graft had rented are available throughout the Keys. However, these vehicles are only supposed to be driven on roads with a speed limit of 35 mph or less. The busy four lane road of US 1 where Graft was riding had a speed limit of 55 mph. Perhaps because Graft was visiting the Keys he was not aware of this safety rule. Or, perhaps vehicle rental companies need more procedures in place to ensure renters know the rules of the road.

Sergeant Mark Wysocky said the accident investigation “could possible take a couple months to complete.”

In addition to his parents, Donald and Patricia Graft, he is survived by his wife, Sherry Lynn; his children, Ryan R. Graft of Greensburg, Leslie L. Graft of North Huntingdon, and Daniel L. Graft of New Stanton; two grandsons; his brothers, Terence L. Graft of Greensburg and Douglas A. Graft of Scottdale, and his sister, Pamela D. Snyder of Scottdale.

Primary Sources: http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_740978.html

The Florida Highway Patrol is investigating the cause of an accident that caused the death of Randall R. Graft, a 54 year old Pennsylvania tourist injured in a traffic accident over Memorial Day weekend in the Florida Keys. Mr. Graft had been in Jackson Memorial Hospital since the accident and died on Sunday from his injuries.

On the day of the accident around 7:45 am, Graft was at Mile Marker 6 of US 1 near Boca Chica Key, just east of Key West. He was traveling in a rented small, electric-powered vehicle heading southbound on US 1.

At the same time, Deputy Scott Ward of the Monroe County Sheriff’s Department was also heading southbound towards Higg’s Beach in Key West. He rear ended Graft’s golf cart like vehicle with his patrol car.

Graft, who was not wearing a seat belt and was the only occupant of the rental vehicle, was ejected, said Sgt. Mark Wysocky, a Florida Highway Patrol spokesman.

Graft was airlifted to Jackson Memorial Hospital’s Ryder Trauma Center in Miami. He was treated for about a week for multiple blunt force trauma injuries before passing away Sunday, June 5, 2011.

Larry Cameron, director of operations at the Miami Dade County Medical Examiner’s office, said an autopsy was conducted on Monday, June 6, 2011 but because of the ongoing investigation, he is limited as to what information he can release.

One of the looming questions is why Graft was on busy US 1 in the first place. The small electric-powered golf cart like vehicles Graft had rented are available throughout the Keys. However, these vehicles are only supposed to be driven on roads with a speed limit of 35 mph or less. The busy four lane road of US 1 where Graft was riding had a speed limit of 55 mph. Perhaps because Graft was visiting the Keys he was not aware of this safety rule. Or, perhaps vehicle rental companies need more procedures in place to ensure renters know the rules of the road.

Sergeant Mark Wysocky said the accident investigation “could possible take a couple months to complete.”

In addition to his parents, Donald and Patricia Graft, he is survived by his wife, Sherry Lynn; his children, Ryan R. Graft of Greensburg, Leslie L. Graft of North Huntingdon, and Daniel L. Graft of New Stanton; two grandsons; his brothers, Terence L. Graft of Greensburg and Douglas A. Graft of Scottdale, and his sister, Pamela D. Snyder of Scottdale.

Primary Sources: http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_740978.html

This past Sunday, June 5, 2011 around 12:30 am, a pedestrian was killed in the 1100 block West Broward Boulevard in Fort Lauderdale, Florida. The 37 year old Fort Lauderdale resident, Juan Herrera, died soon after the crash due to his serious injuries.

The driver of the vehicle, Jaime Valderrama, 44, attempted to leave the scene after hitting Juan Herrera. His attempt to flea was unsuccessful and Valderrama was stopped by police soon after the hit and run. Valderrama, a Miami Beach resident, was driving a 1999 Lexus at the time of the accident and was stopped in the 1400 block of West Broward Boulevard.

Accidents like this make us questions the competency of US drivers.

In a study done by MostercycleInsurance.org, results indicated that pedestrians are especially at risk when stepping out in traffic. The study found that 20% of drivers do not know that pedestrians have the right of way, whether at a marked or unmarked crosswalk and 1 in 3 of those drivers typically will not stop for pedestrians. Even more, a third of participates admitted to speeding up to make a yellow light, regardless if a pedestrian is in the crosswalk or not.

GMAC Insurance conducted another survey regarding the competency of drivers in the United States. Over the past 6 years, the company has surveyed approximately 5,000 people with questions taken from driving tests. Their results show that about 38 million individuals, or 1 in 5 licensed drivers in the United States, would not pass a driving test if they had to take it again.

With these unfortunate study results, it is easier to understand why so many car accidents and pedestrian accidents occur. Police are still investigating the accident that killed Juan Herrera and charges against Jaime Valderrama are pending.

Primary Sources: http://www.orlandosentinel.com/news/local/fl-pedestrian-hit-update-20110606,0,2750272.story

http://1.bp.blogspot.com/_dr3S8zqPnj4/TVEptowLovI/AAAAAAAAUVM/Z7UrrO1-ZbM/s1600/driverstates-page.png

http://abcnews.go.com/Travel/states-worst-best-drivers-test/story?id=10790148

Toyota has recalled certain 2011 Venza and Sienna vehicles as well as some 2001 – 2003 Prius models.

With the Venza and Sienna models, there is a chance that the front passenger side drive shaft may break due to insufficient heat treatment. This would cause the vehicle to lose power unexpectedly and could result in an accident.

The Toyota Prius recall is due to the possibility of the steering linkage loosening while the vehicle in operating. This may result in the loss of power steering and thus greatly increase the chance of a crash.

With both of these recalls, Toyota has stated that they will contact owners and any faulty vehicles will be repaired at no charge.

Primary Sources: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V306000&searchtype=quicksearch&summary=true&refurl=rss

http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V304000&searchtype=quicksearch&summary=true&refurl=rss

This week the U.S. Consumer Product Safety Commission recalled full face bicycle helmets made by Bell Sports. The chin strap on these Bell Exodus helmets has been reported to fail, causing the helmet to come off the wearer’s head, especially in the event of a fall. Falling without the protection of the helmet could cause many serious injuries, including traumatic brain injury.

Parts/Model Numbers 1003825/035011898025 and 1006714/035011917719 are the helmets affected by the recall. Consumers can find this information on a sticker located on the inside of their helmet.

It is recommended that consumers stop using these helmets immediately and contact Bell Sports for a refund or replacement.

Primary Sources: http://www.cpsc.gov/cpscpub/prerel/prhtml11/11235.html