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December 28, 2011

Hickey Re-Elected without opposition to the Board of Governors

Posted under: Welcome — hickeywriter @ 11:42 am

John H. (Jack) Hickey, the lead trial attorney at Hickey Law Firm, P.A., has been elected without opposition for a third term on The Florida Bar Board of Governors.  The Board of Governors is the governing body of the  more than 90,000 members of The Florida Bar.  The Florida Bar is the organization which licenses and regulates lawyers in Florida and which adopts rules for the practice of law and for judicial administration in Florida.  According to The Florida Bar, “The 52-member Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar, subject to limitations imposed by the Rules Regulating The Florida Bar. The Board selects the executive director.”  Each Board member serves without pay and without compensation for any travel, hotel, or meal expenses.

Hickey is a Past President of the Dade County Bar Association.  He is Board Certified as a Civil Trial Attorney by The Florida Bar and by the National Board of Trial Advocacy, and has been rated A/V- the highest rating possible—by the international directory of attorneys, Martindale Hubbell, continuously since 1984.  Hickey is the lead trial attorney and founder of Hickey Law Firm, P.A. in Miami, Florida, where he has practiced law for more than 31 years.  He and the other 2 lawyers at the firm practice in the areas of cruise ship accidents, personal injury, wrongful death, premises liability, negligent security, wrongful death, product liability, and complex commercial litigation.  Hickey graduated from Florida State University, Magna Cum Laude and Phi Beta Kappa, and from Duke University School of Law.

December 27, 2011

Hickey named as a Top Lawyer in the South Florida Legal Guide for 2012

Posted under: Welcome — hickeywriter @ 11:43 am

John H. (Jack) Hickey, the lead trial attorney at Hickey Law Firm, P.A. and a member of The Florida Bar Board of Governors, has been selected by his peers as a Top Lawyer in the South Florida Legal Guide for 2012.  Hickey appears as a Top Lawyer in two sections, under Personal Injury (Plaintiff) and under Maritime.  According to the South Florida Legal Guide: “This is the original, definitive list of ‘lawyer’s lawyers’ in South Florida, based on a peer nomination procedure.  Our Top Lawyers are well regarded in the legal profession, have many years of experience and a distinguished record of achievement”.

Hickey is a Past President of the Dade County Bar Association.  He is Board Certified as a Civil Trial Attorney by The Florida Bar and by the National Board of Trial Advocacy, and has been rated A/V- the highest rating possible—by the international directory of attorneys, Martindale Hubbell, continuously since 1984.  Hickey is the lead trial attorney and founder of Hickey Law Firm, P.A. in Miami, Florida, where he has practiced law for more than 31 years.  He and the other 2 lawyers at the firm practice in the areas of cruise ship accidents, personal injury, wrongful death, premises liability, negligent security, wrongful death, product liability, and complex commercial litigation.  Hickey graduated from Florida State University, Magna Cum Laude and Phi Beta Kappa, and from Duke University School of Law.

December 25, 2011

Happy Holidays!

Posted under: Welcome — hickeywriter @ 12:08 pm

We here at the Hickey Law Firm would like to take a moment out to wish everyone happy holidays.  This is a great times of year to sit back with the family, relax, and enjoy our blessings.  We have an opportunity to celebrate life, and relish in the fruits of a year of hard work.  This is truly an amazing time of year!

We encourage everyone not to forget about the little guy this holiday season.  Most of us in this county have it relatively well, the current financial situation of the country notwithstanding.  But, there are still millions of lonely, hungry, and down trodden, out there, who could use a helping hand.  Let’s not forget about them this holiday season.

Our work is to help those who have been injured, sexually assaulted, or otherwise wronged, on cruise ships all across the world.  We see it as our mission to help bring a little justice to the world.  We feel we are helping to protect the little guy.

But, we are just a part of the equation.  Volunteering, donating, and just having a nice word to say all work wonders.  Let’s take this holiday season to count our blessings, and commit to continuing to make the world a better place.

 

Happy Holidays!

December 24, 2011

Major Cruise Line Fails Surprise CDC Inspection

Posted under: Cruise Ships — hickeywriter @ 12:20 pm

How would you like to take a cruise aboard a cruise ship that did could not pass a surprise inspection by the Centers for Disease Control and Prevention (CDC)? Would you think that findings such as mixing in dirty plates with clean plates and having fruit flies in the kitchen buffet lines would matter to you?  If the inspection found dozens of sanitation violations, would that affect your decision to cruise with that company?  If so, you may wish to avoid Royal Caribbean’s “Monarch of the Seas.”

During a surprise inspection last month the Monarch of the Seas received the failing grade of 85 out of 100 on its CDC inspection.  An 86 is needed to pass.  This may help us begin to understand why major curies ships continually find themselves beset by highly contagious diseases, such as Norovirus.

In a statement to USA Today, Royal Caribbean said they are sorry, and they will try to do better:

“We are extremely disappointed to learn that Monarch of the Seas only received a score of 85 during its last inspection,” the statement says. “Over the last four years, Monarch of the Seas has not scored lower than 95 on any of her most recent eight inspections. Additionally, our recent fleet average score is over 97.”

The company added:

“We are confident that Monarch of the Seas will receive a passing score when the ship is re-inspected, which we expect will take place within the next few weeks,” the line says.

Health and safety should be the top priorities of cruise lines.  It is simply unacceptable that there be these kinds of safety violations aboard cruise ships which already promote the spread of infection and disease due to cramped quarters.

Let’s hope this surprise inspection teaches Royal Caribbean, and all cruise lines, a lesson: It is not OK to gamble with the health of your passengers.

Primary Source: http://travel.usatoday.com/cruises/post/2011/12/royal-caribbean-cruise-ship-health-inspection-/589699/1

December 23, 2011

Florida Representative Calls For Child Booster Seat Laws

Posted under: Automobile Accidents — hickeywriter @ 1:35 pm

State representative Irv Solsberg written an op-ed in the Sun Sentinel today, making the case for adopting a booster seat law in Florida.  This comes on the heels of calls by other law makers for the state to adopt ant texting-while-driving laws, which are facing stiff opposition in the stat’s legislature.

Many Florida metro areas rank in the top most dangerous for drivers and pedestrians nationwide.   In fact, 4 of the top 10 most dangerous areas for pedestrians in the country are in Florida.  Perhaps Rep. Solsberg has a point.  Here is a reprint of his op-ed:

How is it possible that 47 states have a booster seat law and Florida does not?

This is the question I ask myself every time I hear about a traffic crash that involves a young child.

I have made my life’s mission road safety after tragically losing my own daughter in a fatal traffic crash. Today, state lawmakers need to direct their focus on creating a more restrictive law for children ages four through eight when it comes to ensuring their safety in a vehicle.

The law in most states requires that children up to eight years of age, who are under 4’9″ and weigh at least 40 pounds, be restrained in a booster seat. HB 151 would do just that.

According to the National Highway Safety Transportation Administration, motor vehicle crashes are the leading cause of death for children ages 3 to 14, with 32 percent of fatalities involving children who were unrestrained.

Simply put, putting children in booster seats reduces their risk of dying. Parents must understand the importance of when and how to transition a child from a car seat, to a booster seat, and ultimately to a seat belt.

Proper safety devices in motor vehicles correlate with the child’s age, height and weight. After all, as children continue to change, so should the safety harness used to protect their lives.

Florida needs to be the 48th state to enact a sensible law. Children don’t have the choice to protect themselves once in a vehicle.

It is our responsibility as lawmakers to make sure a sensible law is passed that helps to ensure child safety in a vehicle.

 

Primary Source: http://www.sun-sentinel.com/news/opinion/fl-readers-view-booster-seats-20111223,0,6937765.story

December 21, 2011

Norovirus Is Hard To Kill – Can Linger For Days

Posted under: Cruise Ships — hickeywriter @ 12:34 pm

Just in time for the holiday travel season is this report from Scientific American: Norovirus can linger for days upon days on surfaces, and commonly used disinfectants don’t seem to do the trick in truly getting rid of the sickening virus.  Norovirus is an extremely contagious virus which is linked to gastrointestinal disorders, and causing stomach pains, vomiting, and diarrhea.

The article in Scientific American shows just how hard it can be to truly remove Norovirus from a surface.  During a recent meeting of the American Society of Tropical Medicine and Hygiene, an example of how hard it is to truly eliminate Norovirus was given.  A recent incident was cited, in which a passenger, who was sick with Norovirus and vomited on a plane.  To quote David Freedman, of the University of Alabama at Birmingham, “Not only did the crew that cleaned up the mess get sick, but on every successive flight at least one or more crew members got sick with typical symptoms of Norovirus.”

This takes us back to the cruise lines.  There is often a reported outbreak of Norovirus aboard cruise ships.  The companies then issues press releases that the ships will be scrubbed from top to bottom, and will continue in operation.  Often times these ships set sail again with new passengers the very same day that the sick passengers disembark.

Now we see that this is not enough.  This virus is highly contagious and has a habit sticking around for days on end.  It is time that we demand that cruise companies put the safety of their passengers above their profit motive.

 

Primary Source: http://www.scientificamerican.com/podcast/episode.cfm?id=cruise-ship-bug-takes-to-the-skies-11-12-21

December 20, 2011

Cruise Victim’s Stories: Injury Incident

Posted under: Cruise Ships,Personal Injury — hickeywriter @ 1:36 pm

In December 2004, while onboard Royal Caribbean’s “Legend of the Seas”, I slipped and fell outside of the Windjammer Café, as the ship was going through the Panama Canal…

A steward, who was kind enough to give me his name, witnessed the fall. He offered to take me to the infirmary and also informed me that some food had been dropped on the deck, which was what caused me to lose my balance. I chose not to go to the infirmary, because we were going through the Canal when the accident happened and I did not want to be taken off the ship, particularly there.

I was in quite a bit of pain, so I sat with an ice pack for an hour or so and took some aspirin.

I was in a fair amount of pain for the remainder of the cruise, so when I returned home, I went to an orthopedist. An MRI and a CAT scan revealed that I had fractured my sacrum. Although it was a minor fracture, I was in pain for six weeks.

I sent several emails to Royal Caribbean and provided them with all the details, only to receive automated email messages in return. Finally, I sent a certified letter to Jack Williams, CEO of RCCL, which prompted an email from their Customer Relations Department, apologizing for any inconvenience and informing me that I would be hearing from Ivette Gari of Guest Services.

Ivette Gari never called, so I sent her an email. She replied that after inspecting the area outside of the Windjammer, they found no “obstructions”. Therefore, they were not responsible for my fall. That was just nonsense. I never referred to an obstruction, unless they consider food to be an obstruction.

Needless to say my experience with RCCL was sheer misery. My cruise tablemates were shocked, as was AAA, at the shabby treatment I received.

December 19, 2011

Cruise Victim’s Stories: Jane Doe #3

Posted under: Cruise Ships,Personal Injury — hickeywriter @ 1:36 pm
For approximately 10 months (January – October 1991), I was a crewmember on Norwegian Cruise Lines’ (NCL) “Radisson Diamond”, my third contract on a cruise ship. Soon after boarding the ship, a Filipino crewmember, Rhoul, offered his assistance to my boyfriend and me, informing us to come to him if we needed anything. At first, I thought nothing was wrong with his offer and viewed him as being very hospitable.

One day, my boyfriend got off early from work and went to the passengers’ lounge for a drink, in celebration of his birthday. He took a seat near the sound-booth, where the same employee (Rhoul) was training another crewmember. It appeared that his training techniques were a little harsh for the new trainee, so my boyfriend interjected by saying, “Maybe you could lay-off on him a bit. It takes time to learn how to run things.” My boyfriend did not realize that he had just offended a Filipino gangster.

Later, the Filipino claimed that (for my boyfriend’s birthday) he planned to murder him by throwing him off the ship during the crossing to Portugal…..10 days at sea. A security friend overheard the conversation and told my boyfriend that the problem needed to be resolved. My boyfriend was cornered by approximately 10 Filipinos, while the security officer tried to resolve the matter.

When I learned of the problem, I approached Rhoul, and told him that I would do anything if he would not harm my boyfriend. I explained that my boyfriend had been drinking and that he was just being him, innocently trying to help. Rhoul told me if I was “bullshitting” him, I would pay.

We contacted our manager, who suggested that we carry a knife and secure our cabin with booby traps, since these crewmembers cleaned the cabins and had access to the keys. We spent 7 days in fear.

While partying at the crew bar one night, Rhoul and two of his buddies attacked my Finnish friend, Roger. They roughed him up very badly and broke his ribs. Roger was a mechanic on the ship. His beating was an example for other crewmembers, a way of demonstrating Rhoul’s power and capabilities, and an attempt to scare us, as well.

My boyfriend was called to the bridge to submit a written statement. I told him not to sign anything. To avoid being spotted by Rhoul, he made his way to the bridge through the duct holes. He told his story to the Captain, who laughed and said, “It would of been a long swim!”

We spent the next 2 to 4 days in fear. My friend was attacked and injured as a result of our situation with Rhoul. With the ship being Finnish-flagged, and since my friend was also Finnish, the rest of the crew was angry with both of us. No one wanted anything to do with us, because they were afraid of a rampage.

We finally made it to Portugal… Alive! On the morning of embarkation, Rhoul and one of his buddies were handcuffed and taken away. To this day, following their arrest, I am unaware of what happened.

When we left the Radisson Diamond, we were not well-liked and our manager was abusive.

We later transferred to another ship. While on the new ship, I overheard a conversation at the bar. I learned that Rhoul had worked on another ship, where he was also a problem.

I always fear that if I ever travel on a ship again, I may meet up with him. If that happens, I know for sure that I will be dead. No one would be able to protect me.

Rhoul claimed that he had killed people on other ships and even bragged about it! People were scared of him and I don’t blame them. He received everything he demanded on the ship….and used this to frame people and force them to obey him.

IMPORTANT: Rhoul worked on ‘Radisson Diamond’ during 1992-1994, as a sound technician. If any crewmembers are working with him today, I strongly suggest that you consider transferring to another ship, before you become one of his targets.

December 18, 2011

Cruise Victim’s Stories: Jane Doe #2

Posted under: Cruise Ships,Personal Injury — hickeywriter @ 1:36 pm
On September 14th, during an 8-day cruise aboard Carnival’s “Miracle”, I was enjoying the day by relaxing at the pool with some friends. My alcohol consumption was minimal and the intervals between drinks were significant.

At approximately 4:15p.m., a waiter presented me with a 4th drink, one that I had not ordered; however, he assured me that I had ordered it some time ago. The color of this particular drink (blue/green) was much different than my previous cocktails (orange/pink), and was served in a plastic container, rather than my original “souvenir” cup.  Foolishly, I accepted and signed for it.

After a few sips, I started feeling “funny” and decided to head back to my cabin to get ready for dinner. Luckily, one of my friends noticed that I was not feeling well and offered to escort me back to my cabin. I had graduated from soberness to a state of unsteadiness, vomiting, and eventually blacking out.

After my friend left, I was awaked by a telephone call. The male caller asked if I needed more towels for my room. The cabin steward had already cleaned our cabin and had provided fresh linens; therefore, there was absolutely no reason to deliver additional towels. Immediately said “No”, hung up the phone, and fell back to sleep.

I am a responsible adult, fully aware of when I have had too much to drink. This was not the case here! I believe a date rape drug had been slipped into my last drink.

On September 17th, the day after returning from my cruise, I contacted Carnival Cruise Lines to report this incident. I was informed that I would not hear anything from them for 4 – 6 weeks; however, I received Carnival’s response, dated September 20, 2007 (only 3 days after filing my complaint). The ‘form letter’ stated that although they take such allegations seriously, they regretted to inform me that since I had not report the incident in a timely manner, they were unable to properly investigate the incident.

How seriously did they take my complaint? Would their response have been any different, if I had reported being raped?

In addition to my experience and on two separate occasions, my friends’ 13-year old daughter had been approached by a cabin steward, who asked if he could escort her to her cabin and come inside. This child was terrified! Both incidents had been reported to the Purser, who attempted to calm down the child’s parents, hoping to avoid a scene in front of the other guests. The parents were by assured that the cabin steward would be quarantined to the ‘Crew Only’ section of the ship.

On the last night of the cruise, the young girl informed her mother that she saw the man again, wandering the ship; thus, he had not been secluded, as promised. Clearly, there was no difference in the procedure of reporting an incident while onboard the ship, than it was in reporting my experience immediately following the cruise.

Cruises seem to be a playground for sex offenders. I tend to doubt the thoroughness of background checks on cruise ship employees.

There appeared to be only 2 surveillance cameras in the pool area; however, the ship’s casino is equipped with multiple security cameras, leading me to believe that passenger safety is secondary to the cruise lines.

This was my third Carnival cruise… and my last!

December 17, 2011

Cruise Victim’s Stories: Jane Doe #1

Posted under: Cruise Ships,Sexual Assaults — hickeywriter @ 1:36 pm
(Employee attacked on a Royal Caribbean cruise ship)

I am a former 6-year Royal Caribbean Cruise Line (RCCL) crew member, who would like to provide some insight into what actually happened to me.

I had just returned from vacation, when some Turkish coworkers invited me to a cabin party to just relax, converse, and watch some movies.  Initially, I declined the invitation with thoughts of going to bingo in the crew bar; however, I received several phone calls from a crew member, persuading me to attend the cabin party.

Eventually, I decided to go to the party for a quick drink, and then, still leave in time to play bingo.

When I arrived at the cabin party, HE was alone with no other crew members, which I found very strange and asked him, “Where is everybody?”  HE claimed that they were at bingo, but would be arriving shortly.  HE had been drinking and I joined him by accepting 2 glasses of Bourbon, while waiting for the others to arrive.

HE began talking about his wife and showing me pictures.  Everything seemed fine, until HE attempted to hold me and asked me to stay.  When I said, “No”, refused to kiss him and cursed at him, HE threw me against the wall and began beating me.  I tried to reach the telephone to call for help, but it broke, when HE hit me in the face with it.  HE grabbed and pulled large pieces of my hair from my head.  I kept crying and remained in a fetal position against the wall, while waiting for a moment to escape.

For three horrific hours, HE held me captive in that cabin, where no one could hear my screams, because everybody was at bingo.  And every time I tried to talk to him, HE hit me furiously.

At approximately 4:00 a.m., HE put the phone back together and called a friend.  When the friend arrived and entered the cabin, and saw me, he grabbed my assailant and screamed for me to call 911….  Immediately, I called the bridge, screaming that a crew member was trying to kill me.

When Security arrived, I was treated like a criminal. They did not believe my story and blamed me for going to the cabin, claiming that my intentions for going to the cabin were obvious. I was still in shock, extremely bruised, and in very bad condition.  I was taken to the medical facility and given a breathalyzer test.

The next day I learned that my assailant even produced a knife, claiming that I tried to kill him with it.

Both crew members were removed from duty for investigation, but HE was not even incarcerated and continued to walk freely!  Although HE was restricted from any guest areas, HE was still free to roam in the crew member areas; therefore, I was forced to see him several times.  (Normally, under such circumstances, the assailant would have been held in the ship’s jail.)

The ship’s doctor diagnosed me as “fit for duty” on the 3rd day after the attack.  I was put back to work with my face was still distorted, and while I was still emotionally distraught.

As I waited for a hearing with the captain, HE was deported back to his country with NO PROSECUTION or charges filed against him.  And I was issued a FINAL WARNING, being told “not to make any further mistakes”. Although HE was deported by the FBI, they never interviewed or took a statement from me.

A couple of weeks later, for being 20-minutes late for duty, I was sent for another hearing with the captain, where I was terminated as a Royal Caribbean employee.

After so many years of dedication and with an unblemished record (until the recent warning), this captain punished me and terminated my employment, even after I had lived through this terrifying experience.

The public needs to be aware of what actually occurs on ships, whether you are a crew member or a paying passenger.

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