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November 30, 2011

Woman Claims She Was 12-Year Prisioner Aboard Scientology Cruise Ship

Posted under: Cruise Ships — hickeywriter @ 3:30 pm

We have called cruise ships and the cruise lines that operate them many things over the years. Felons? Check. Unsavory? Probably. But, prisons? Can’t remember ever calling a cruise ship a prison. But, recent claims by a woman against the Church of Scientology may change that. A woman has recently claimed that she was held aboard a Church of Scientology cruise ship, The Freewind, essentially as a prisoner, for 12 years!

Valeska Paris recently spoke with ABC News Lateline, and leveled the explosive allegations against the Church of Scientology, and its leader David Miscavige. She claims that at the age of 17 she was taken prisoner aboard the church’s ship so that she would not be taken away from the church by her mother.

The story of how all of this came about is truly bizarre, if not tragic. It began with Valeska’s mother and her step-father named Albert Jaquier. Valeska had been born to a Scientology family. Her step father was relatively wealthy. After losing his wealth when Valeska was a teen, her step-father committed suicide, blaming Scientology for his financial ruin. This prompted Valeska’s mother to distance herself from the church, going so far as to denounce the church on French TV.

In retaliation for the public excoriation of the church, Valeska alleges that church leader David Miscavige ordered the girl be “disconnected” from her mother by being taken aboard the ship.
“I was basically hauled in and told that my mum had attacked the church and that I needed to disconnect from her because she was suppressive,” Valeska said.

According to Valeska, the years aboard the ship were spent under close supervision. She says that for the first six years she was only able to leave the ship with an escort. She also alleges that her movements were constantly monitored onboard the ship by video camera and guards.

The church has denied the allegations, which include Valeska’s insisting she had been forced to work long hours in the engine room. The statement says, in part:

“She certainly wasn’t ‘forced’ to be there. She was also never forced to perform labour in the engine room…The Freewinds is a wonderful place, as even Valeska said on numerous occasions. Her allegation that she could only leave the ship with an escort is totally false.”

Primary Source:

http://blogs.villagevoice.com/runninscared/2011/11/valeska_paris_chris_guider_scientology_freewinds.php

November 29, 2011

Florida Has Top 4 Deadliest Cities For Pedestrians

Posted under: Automobile Accidents — hickeywriter @ 4:02 pm

In a new study issued by the National Highway Safety Administration, Florida has the 4 four most dangerous cities for pedestrians in the entire country. The most dangerous area was listed as the Orlando area, which includes Kissimmee. Coming in second is the Tampa area, which also includes St. Petersburg and Clearwater. The third most dangerous area in the country for pedestrians is Jacksonville, FL. The Miami area, includes Ft. Lauderdale and Pompano, is the fourth most dangerous.

We have already blogged on Florida being among the most dangerous locales nationwide for drivers, so it isn’t any surprise that pedestrians don’t fare any better. In fact, our state is actually less safe for pedestrians than drivers when compared to other states.

Part of the reason may be the high concentration of retirees residing in Florida. According a NHTSA report, almost 1 in 5 pedestrian fatalities nationwide are elderly (over 65 years old.) The elderly have the highest pedestrian fatality rate of any age group.
What’s truly startling is the overall number of pedestrian fatalities per year. The NHSTA report indicates that approximately 63,000 injuries were sustained by pedestrians across the nation in 2009, with 4000 of those injuries resulting in death. These deaths account for 12 percent of all motor vehicle accident deaths nationwide.

These stats are really surprising. Specifically, the fact that Florida ranks at the top in pedestrian fatalities should give every resident pause. What can we do to make the state safer for pedestrians? Enforcing speed limits in residential areas, and enforcing laws that require drivers to stop for pedestrians, automatically come to mind.

But, isn’t there more that can be done? Many have complained that the very design of certain roadways likely increase accident activity. Also, having a properly programmed traffic light system may help alleviate the anguish some drivers feel when driving on residential streets. Better programming may reduce the need many drivers feel to rush through changing lights, or sit in the middle of a street waiting for a break in oncoming traffic so they can turn.

November 28, 2011

Lawmakers Make Long-Shot Push To Ban Texting While Driving In Florida

Posted under: Automobile Accidents — hickeywriter @ 3:44 pm

Lawmakers in Florida are gearing up for yet another attempt at regulating texting while driving.  Following the lead of 35 states and Washington D.C., lawmakers in the Sunshine State are looking for ways to issue an outright ban on what many consider a very dangerous act. But, if recent history is any guide, making the changes will not be easy.

Previous attempts to ban texting while driving have all been met with the same fate, death in committee.  The reasons are various. According to news-press.com, lawmakers have been primarily hung up on devising a way in which the ban can be implemented and enforced.

But highway and road safety advocates say that something must be done.  Citing statistics released by the University of North Texas Health Science Center last year, proponents of the ban point out that there has been an estimated 16,141 deaths from 2001 to 2007 which resulted from texting-while-driving.

Even more damaging is a 2009 Car and Driver magazine experiment which essentially resulted in texting-while-driving as being labeled a greater safety risk than drinking and driving.

The proposed bill to ban texting-while-driving would not permit a traffic stop simply because a police officer suspects a person of texting while driving.  The offense would actually be a secondary offense, meaning that the driver would have to be stopped for a primary infraction such as speeding or running a red light before a ticket could be issued for texting while driving.

The current bill is co-sponsored by Rep. Irv Slosberg, D-Boca Raton.  Rep. Slosberg is a known highway safety advocate – who lost his daughter, Dori, in a car crash several years ago.

Rep. Slosberg has admitted that the bill has very little chance of being passed, calling its chance of being adopted “slim to none”

However, he vows to continue the fight.  “Sooner or later we’ll get it out of the drawer,” Slosberg said.

 

Primary Source: http://www.news-press.com/article/20111128/NEWS0107/311280016/1120/news0121/Florida-lawmaker-looks-ban-texting-while-driving?odyssey=nav%7Chead

November 27, 2011

Road Rage Suspect Gets Day In Court

Posted under: Automobile Accidents — hickeywriter @ 3:45 pm

Talk about road rage.  When it comes to this all too common blight of modern civilization, Edwin Vilchez’s actions over the weekend certainly rank up there with the worst of them.  The 28 year old West Perrine man was arrested on Friday for a laundry list of felonies, all relating to the same incident.  He is charged with driving drunk, leaving the scene of an accident with injuries, displaying a firearm and resisting arrest with violence.

So, what happened to cause Vilchez to get in so much trouble?  Apparently it all began at the South Dixie Highway and Southwest 104th Street.  Vilchez and another driver go into an argument, the nature of which is still not clear.  What is clear is that Vilchez allegedly pulled out a gun on the other motorist at the gas station, but did not fire.

Vilchez did follow the other motorist as he left the station.  He is alleged to have rear-ended the other driver, and then sped off.  The victim then called police, who then issued a bulletin.

Vilchez was spotted by a Miami-Dade police as he was speeding on the Palmetto Expressway. He was apprehended after exiting on Okeechobee Rd, after colliding with several cars as he exited.   One of the passengers in a car stuck by Vilchez is reported to be in critical condition at Jackson Memorial Hospital.

In a court hearing today, Vilchez was read the charges against him by Judge Mindy Glazer.  The charges include leaving the scene of a crash, two counts of reckless driving, D.U.I. and battery on a law enforcement officer.

Apparently this is not the first time Vilchez has been in trouble with the law.  He is a registered sex offender who is currently on probation for sexual battery and kidnapping.  In addition, his immigration status is not clear.

Judge Glazer set bond at $38,000.

View more videos at: http://nbcmiami.com.

 

Primary Source:  http://www.nbcmiami.com/news/weird/Road-Rage-Suspect-Held-on-38000-Bond-134560383.html

November 26, 2011

Oasis Of the Seas Struck With Possible Norovirus Outbreak

Posted under: Cruise Ships — hickeywriter @ 5:16 pm

We have done our fair share of reporting on Norovirus, which is a nasty gastrointestinal illness frequently found on cruise ships. The Centers for Disease Control and Prevention (CDC) says that the illness can be spread by any of a number of means, from improper handling of foods to contact with fecal matter. This illness is frequently found on cruise ships because of the cramped conditions, with thousands of passengers sharing close quarters. The most recent outbreak of the illness was reported over this weekend on the Oasis of the Seas, a mega-ship owned by Royal Caribbean.

Reports indicate that over 60 people were recently struck with what is thought to be Norovirus while sailing on the Oasis of the Seas – as the ship completed a trip on Saturday. At least 54 passengers, and 10 crew members, were among those who showed symptoms of the illness. All were treated aboard the ship with over-the-counter medication, and no serious illnesses have been reported.

Cruise operators have been criticized in the past for their handling of the outbreaks. It is easy to see why. Though the Oasis suffered this most recent outbreak, the ship was scrubbed down and returned to sail the very same day. Some would question Royal Caribbean’s commitment to the safety of their passengers with such a quick turnaround of such a large ship. In previous instances of gastrointestinal illness outbreaks aboard cruise ships, these types of snap scrub downs have had varying success in stemming the infection of additional passengers.

Primary Source: http://www.nbcmiami.com/news/local/Cruise-Ship-Passengers-Crew-Sick-with-Gastrointestinal-Illness-134559073.html

November 25, 2011

On Duty South Florida Cop Hits And Kills Bicyclist

Posted under: Automobile Accidents — hickeywriter @ 1:23 pm

Before running this story I had to double check my records.  Have I already covered this story?  Couldn’t be, because it just happened a few days ago.  So, here we have yet another high profile South Florida traffic incident involving an on-duty police officer.  This time, the results were truly tragic, with one man dead.

A report out of the Miami Herald from a couple of days ago allege that a bicyclist was hit and killed by a an on-duty Pembroke Pines police detective on Monday night in Davie.   The man, identified as 47-year-old Douglas Beebout, is said to have been drunk when he was struck, with some witnesses saying the man was carrying beers when he was hit.

This latest incident comes after a long string of traffic incidents involving South Florida police officers.  There seems to be too many to list, but a few notable examples are a Miami Police officer recently arrested by Florida Highway Patrol, while on duty, for reckless driving, and a Miami Beach officer who took a bachelorette on a joy ride on his ATV which he crashed, causing injuries to his passenger.

 

The accident is still under investigation.  There is no word as to why the Pembroke Pines detective was in Davie at the time of the accident.
Primary Source: http://www.miamiherald.com/2011/11/21/2513580/pembroke-pines-cop-strikes-kills.html#ixzz1f0S9YaBM

November 24, 2011

Happy Thanksgiving

Posted under: Welcome — hickeywriter @ 11:37 pm

We at the hickey Law Firm would like to extend our thanks to everyone that has helped to make us possible.  We thank all our past and current clients who have entrusted us with helping them find justice.  We thank everyone that reads our blog and spreads the word that there is an advocate out there, working to help hold offenders accountable.

We are looking forward to continuing to bring more resources to the public over the coming months.  These resources will help those that wish to take a cruise to do so as safely as possible, and give information as to what to do when something goes wrong.

But, for now, let’s take a moment to give thanks.

 

November 23, 2011

Carnival Employee Arrested For Sex With Minor

Posted under: Cruise Ships,Sexual Assaults — hickeywriter @ 1:22 pm

Parents taken note – there are sexual predators on cruise ships!  This may come as a surprise to many of you reading this; people sometimes wish there weren’t a problem when there is.  But, it is true.  We have reported on many cases over the past years, cases in which cruise line employees sexually abuse minors aboard cruise ships, and cases in which other passengers are the culprits.  A Carnival Cruise Lines ship recently saw a minor allegedly sexually abused by one of Carnival’s employees.

Recently filed in U.S. Federal Court were charges against Kert Clyde Jordan, 35 of Grenada.  The criminal complaint charged him with engaging in sexual acts with a 14-year old while she was on vacation aboard the Carnival Liberty with her family.

The act was allegedly perpetrated by Jordan, a waiter on the ship, during a sailing earlier this month.  The minor reportedly told her family about the incident when she returned home.

Jordan was arrested on November 19.  Carnival has issued a statement saying that they are cooperating with the FBI, the law enforcement agency tasked with handling most cruise ship crime.

“Carnival has a zero tolerance policy for crime and we take any allegations of crime extremely seriously. We continue to provide our full cooperation and support to federal law enforcement authorities.  Our Care Team has reached out to offer support and express our utmost concern for our guest and her family during this difficult time,” Carnival said.

Let this be another warning to parents.  Many of you will cruise, that is your choice.  However, know the risks.  Keep an eye on your children.  There have been many cases in which teens have been sexually abused, only to disclose this information to adults days, months, or even years later.   Take the proper precautions to ensure that your child stays out of harm’s way.

 

Primary Source: http://www.dailymail.co.uk/news/article-2065242/Vacation-nightmare-family-Carnival-Cruise-ship-waiter-charged-having-sex-14-year-old-girl-ship-bathroom.html

 

November 22, 2011

A Case We Have Handled: Marie Hunt vs. Carnival Cruise Lines

Posted under: Cruise Ships — hickeywriter @ 12:49 pm

DESCRIPTION OF THE ACCIDENT.

The Defendant cruise line, Carnival Corporation d/b/a Carnival Cruise Line, owns and operates the cruise ship, Carnival Miracle. Carnival Corporation actively participated in the design and construction of this ship.  The cruise line contracted with the design firms to design the interior elements including the decking of the Lido Deck where this accident occurred, contracted with the shipyard to build this ship, stationed representatives at the shipyard to oversee construction and design elements, and through the contract documents and the relationship as owner had the ultimate ability to accept or reject the design, construction and materials chosen, including but not limited to the decking material on the Lido Deck.

The decking material on the Lido Deck of the Carnival Miracle is thought to be a resin material.  After installation of the material on this deck, Carnival was made aware of problems with the surface and the unsafe character of the surface.  Carnival knew and certainly should have known about the dangerous characteristics of this surface especially when wet, that the material is not appropriate to have near a pool, that the material is not appropriate to have on an exterior deck exposed to the elements including rain water, that the material was not appropriate to have near or in the same vicinity of an exterior shower, as this material was.

This material is not appropriate in these circumstances for foot traffic on the Lido Deck which is a deck open to shower water, pool water, spills of food and drink, and rain water.  Carnival should have treated or altered the material to make it safer.  Further, the defendant cruise line’s employees failed to maintain this floor and allowed large puddles of water to remain on the floor for extended periods of time.

Carnival failed to maintain the outdoor shower adjacent to this area;  the outdoor shower stall allowed a continuous flow of water onto the deck many feet away where the Plaintiff fell.  The deck and Carnival also allowed water to collect on the deck and create large puddles.  The defendant cruise line knew or should have known that the particular floor surface is prone to having water spill at the location adjacent to the pool and adjacent to the outdoor shower area.  Carnival should have cleaned up and dried up the large area of water on the slick, slippery multicolored surface where passengers are allowed to walk.

As a result of Defendant’s negligence, the Plaintiff on the day and time of the accident, walked into the area and slipped and fell causing serious, debilitating, and permanent injuries.  The Plaintiff in this case suffered, among other things, a tear of the meniscus of her right knee, injured cervical discs with nerve root impingement, and back injuries, all of which are either permanent or will be addressed with surgery, or both.

November 21, 2011

A Case We Have Handled: Dragan Gligoric vs. Celebrity Cruise Lines

Posted under: Welcome — hickeywriter @ 12:42 pm

DESCRIPTION OF ACCIDENT

While working for the Defendant aboard the subject vessel, the Defendant was negligent by failing to provide adequate lighting, failing to provide adequate assistance to the Plaintiff, failing to maintain the open buffet line area free of spills, and failure to keep the floor in this work area clean and safe.

The Plaintiff on or about August 22, 2008 was working as a snack steward behind the open buffet line located on the Lido deck, which had poor lighting, when he slipped and fell on a puddle of water.  The water had collected in an uneven section of the floor.  Mr. Gligoric slipped and fell backwards.  He landed on his back and felt pain in his back, hips and legs.  There were no signs in the area warning that there was water on the floor.   This was a recurring problem because of the uneven floor.  Water frequently collected in that area from fallen ice cubes that had melted or spilled liquids.  The floor by itself was slippery.  The water made the floor as slick as ice.

After the accident, the Plaintiff was escorted in a wheelchair to the ship’s infirmary where he reported his injury to the ship’s medical staff and was given two injections in his back and told to rest. Eventually, in August 29, 2008 the pain and his condition did not improve and the ship’s doctor recommended that he be sent to a physician in Norway, chosen by Celebrity.  After being examined by two physicians in Norway and undergoing x-rays the last physician opined that Mr. Gligoric was not fit for duty and should be sent to his home country for further medical evaluations.

Claimant was signed off the “Century” on August 31, 2008 and was returned home to his native Serbia. He was seen in Serbia by physicians. He was diagnosed at that time with a disc protrusion at L5-S1 and spondylolysthesis.  One of the physicians prescribed physical therapy for Mr. Gligoric.

The Plaintiff is now left with a debilitating condition and requires further treatment;  the Plaintiff has not reached maximum medical improvement.  Yet, the Defendant has failed and refused to provide the Plaintiff with prompt and adequate medical care despite repeated requests and demands to do so.  Thus, the Defendant has breached its obligation to provide prompt and adequate medical care to its seaman under the General Maritime Law.

The Plaintiff is entitled to damages for his condition and attorney’s fees as he was obligated to hire a lawyer to enforce his rights under the Jones Act and the doctrine of Maintenance and Cure.  Plaintiff, as a result of Defendant’s failure and refusal to pay prompt and adequate health care had been forced to retain the undersigned counsel and to pay the undersigned counsel a reasonable fee and costs.

The defect or dangerous condition could not have been observed by the Plaintiff or could not have been observed by the Plaintiff in time to take action to avoid the accident.  Further, it was not the primary responsibility of the Plaintiff to take the necessary steps to prevent all of the Defendant’s negligence and breaches of duty described herein.  Thus, the primary duty doctrine does not apply and will not diminish the recovery of the Plaintiff.

The Defendant/employer was at fault to some degree and thus the primary duty doctrine does not apply and will not diminish the recovery of the Plaintiff.

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