Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

As of July 1, the new Florida law on the Preservation and Protection of the Right to keep and Bear Arms in Motor Vehicles Act of 2008 is in effect. This new law gives employees with concealed handgun licenses the right to bring firearms to work, providing they keep them locked in their cars. 

This new law has several major opponents, one being Florida’s largest employer, Walt Disney World. According a recent article in the Orlando Sentinel by Scott Powers and Jason Garcia,  Disney is using a legal loophole in the new legislation to keep most of their property is exempt.  A few other heavy weights opposing this new firearms legislation, include the Florida Chamber of Commerce and the Florida Retail Federation.

The blog, HR Bartender, chimed in on this subject, with an intro from the movie Scarface “Say hello...to my little friend.”  Also opponents of the new legislation, they mention the injunction that is before the courts and cleverly end with “Let’s hope the courts listen. Otherwise employers will have a whole bunch of new “friends” hanging out in the parking lot.”

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Wal-mart just lost another case involving overtime wage and-hour class action case and must pay $6.5 million in compensatory damages to the class of about 56,000 Wal-mart employees in Minnesota. It may not seem like a lot, but it is a start, in this long battle involving rest breaks and Minnesota labor laws. According to Tuesday's ruling in the bench trial that lasted three months, Judge Robert King, ruled in favor of the employees.

This is the third verdict regarding overtime wage disputes against the big box retailer, since 2005.  In 2006, a Pennsylvania Jury  awarded a verdict of   $78 million against Walmart and in 2005 a California Jury awarded a verdict of $172 million against Wal-Mart. Of course, both cases are on appeal. The giant big box retailer, allegedly stated " they'll never settle in a million years. ... and that 'They will try the cases until the cows come home", according to the Plaintiff Attorney in these cases. 

It will be interesting to see how this all turns out.  I am certain that they will appeal the recent $6.5 million Judge verdict, in an effort to be consistent with their stance on not paying for these claims.

Click here to read more on this case in the article by Alison Frankel, "Wal-Mart Loses $6.5 Million Wage-and-Hour Class Action In Minnesota" in AM Law Daily.

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Are laws that require drivers to use a Hands Free device for talking on a cell phone making a difference?   The state of California and 4 other states thinks so. Effective today, July 1, 2008 if you are driving in the state of California, and want to talk on a wireless phone, you must use a handheld wireless telephone, (according to Vehicle Code (VC) §23123). It is interesting to note that this law affects drivers 18 years of age and older.  Drivers that are younger than 18 years of age are not allowed to drive using hand held devices or talk on a wireless phone at all.

California joins four other states, New York, Connecticut, New Jersey, and Washington), the District of Columbia and the Virgin Islands in the ban of driving while talking on handheld cell phones. Some may say that about texting while driving, only 4 states have stepped up to the plate and passed laws on banning texting while driving, they include: Alaska, Minnesota, New Jersey and Washington. Several other states have pending legislation on the ban of texting while driving.

Since we are a Florida Law firm, I asked one of our Attorneys, Mark A. Greenberg, his perspective on the impact of hand held cell phones and car  accident cases he has handled. He informed me that he has seen accident cases, where the defendant lied about using a cell phone while driving. After getting telephone records, Attorney Mark Greenberg, was able to show  that the defendant was on the phone at the time of the accident.  It does not pay to lie about things like this, because a Plaintiff's Attorney can get the phone records to determine if a defendant is lying about the use of the cell phone and a car accident. The distraction of a phone call, can cause someone to not pay attention to the road and cause an unfortunate injury to an innocent car accident victim. The Insurance Information Institute cites the following statistics on their site about dangers of driver inattention: An April 2006 study found that almost 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event. The study, was a joint study between the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute.

In a conversation with the Executive Director of the Dori Slosberg Foundation, Tara Kirschner.  I found that the foundation is 100% in favor of making hands free devices a requirement for Florida drivers. Sun Sentinel writer John Kennedy commented in an article that legislation banning the use of cell phones for all drivers was proposed in Florida five years ago, but failed with legislators due to the belief that they would be too much government interference.

However, according to an article in the LA Times, by Myron Levin, a hands free cell phone law, may not make the roads safer. He quotes Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, as saying "There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky”.  I find this interesting that Mr.  Goodwin and other scientists would say that hands-free laws could actually make things worse by encouraging drivers to make more or longer calls. I must state for the record that I find this statement a bit of a stretch, I am sure that a lot of people will agree.

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Judge Jeffrey Winikoff, a well respected and admired member of the legal community, died of a heart attack on Tuesday.   While at a Photo exhibition at the West Palm Beach Palm Beach Armory last week, we were given the news that Judge Winikoff had a heart attack. This was especially sad to us since we had brought many cases before him and always found him to be a Judge with integrity, fairness for both sides, and belief in Justice for all.  He was only 59.

When told of the news of Judge Winikoff's death, Attorney Carl Wald, stated "Judge Winikoff is one of the finest Judges I  have ever appeared before. The Judiciary has lost one of its finest, but his memory will live on forever."

Funeral Services for Judge Winikoff  will be held Friday at 12:30 p.m. at the Beth Israel Memorial Chapel, 11115 Jog Road west of Boynton Beach, with burial afterward at Eternal Light Memorial Gardens, 11520 State Road 7 west of Boynton Beach.

This sad and untimely loss raises the importance of supporting the American Heart Association. If you want to find out more on how you can get involved or support the American Heart Association, contact your local American Heart Association office today.

Our thoughts and prayers go out to all of the family and friends of Judge Winikoff. The Sun-Sentinel has a Guest Book in honor of Judge Winikoff. Loved ones and members of the Community give their heartfelt sympathies to the Winikoff family.  Click on the following Sun-Sentinel Guestbook link to add your words of encouragement to the family.

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Florida's budget crisis is now coming to the Courts. In light of recent budget shortfalls, the Florida Legislature has increased court fees, which is expected to generate approximately $121 million additional revenue for the state.  Governor Charlie Crist, recently signed  CS/SB 1790, a bill that increases over 140 court-related fees, effective
July 1, 2008.

It is important to note that the Florida Legislature regulates court fees and not local officials. The Court fees have not been adjusted since 2004. The list includes Traffic Court Information such as Speeding Ticket fines. If you are always in a hurry and get a lot of speeding tickets, it will cost you a lot more for speeding.  Driving 20 miles over the Speed Limit will cost you at least 231 and driving 30 miles over the Speed Limit will cost you $331. Ouch... That is a $100 difference between 10 miles.  Be wise and don't Speed.

If you take the Florida Turnpike or other Toll Highways and fail to pay the toll, it will now cost you $181, plus the toll amount.  Keep your Sunpass Transponder updated and fully loaded.  Otherwise, the Florida Turnpike and our Toll Highways will start to become just as painful as it is to fill up your pump.  Be Wise, keep change in your car and keep your Sunpass funded. The auto-replenishment method, is starting to sound like a bargain.

 Click on the following link to view a list of the new court fees. 

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Basic Information on the Rhino ATV
After all of the accidents and injuries caused by use of the Yamaha Rhino ATV, one can't help but wonder if the product is safe. Studies have shown that poor design of the All Terrain Vehicle cause most rollovers. Such accidents have notoriously resulted in serious injury for both ATV drivers and passengers and in some tragic cases, have even led to the death of children. According to its critics, the Yamaha Rhino ATV has a high center of gravity due to its narrow bottom and top-heavy design, which makes the vehicle more prone to rollovers. The majority of the reported injuries affected the victims’ extremities, such as their legs, feet, arms and hands.

Rhino ATV Design Flaws and Insufficient Model Modifications
Until Yamaha released its newest Rhino ATV model in 2008, the vehicle lacked doors—an oversight that has triggered multiple accidents. Before this updated model of the Rhino was distributed, Yamaha only offered side doors as an accessory option. However, the inclusion of doors on an ATV is not only necessary, but it seems that even with the doors the Rhino may be unsafe. Some people have reported that the doors have unlatched in the case of rollovers—thereby endangering the passenger just the same.

In 2006, Yamaha acknowledged certain defects of the Rhino ATV, and released safety warnings as a result, such as seat belt and helmet recommendations. Then, in 2007, the company offered to install doors and passenger holds on all 2004-2007 models.

Despite the numerous reported rollovers, Yamaha has yet to acknowledge the flaws inherent within the Rhino ATV’s design and has only issued a recall for the vehicle’s brakes.

Click here to read: ATV Safety Tips

Click here to read: ATV Recalls

Click here to read: Florida Statutes for ATV Use

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Heparin Sodium, a drug used to prevent blood clots in patients, was first approved for the market by the FDA in 1972. Its primary manufacturer is Baxter International, and its production is handled by the Wisconsin-based group Scientific Protein Laboratories LLC (SPL). Heparin is an anticoagulant used to thin the blood in surgery, dialysis, and to prevent blood clots in bedridden patients.

Recent Reports Find Negative Side Effects for Heparin
The adverse effects of Heparin first came into light towards the end of 2007. In the beginning of 2008, the FDA reported over 350 instances of adverse effects due to Heparin since the end of 2007. Following this report, Baxter International announced its intentions to recall its multi-dose vials of Heparin. In March of 2008, Baxter expanded its recall to all multi-dose, single-dose, and diluted solutions of Heparin.

According to the FDA reports, approximately 500 patients have suffered from the adverse side effects of Heparin, and at least 21 have died as a result of the drug. One widely-publicized instance of Heparin’s dangerous effects was that of actor Dennis Quaid. In this case, the actor’s newborn twins were accidentally given an excessive dosage of Heparin, a mistake which nearly caused the infants’ deaths. Dennis Quaid and his wife have sued the maker's of Heparin, Baxter Healthcare Corp. for not doing enough. The lawsuit also says the company should have recalled the large-dosage vials after overdoses killed three children at an Indianapolis hospital.

The Blame Game
It is suspected that during the production of Heparin in one of SPL’s Chinese factories, a contaminant was put into the drug’s active ingredient. Additionally, it has been discovered that the production factories in China were not up to sanitation code. The blame for this lack of inspection falls not only on SPL and Baxter International, but also on the FDA, who admitted to breaking its own policy by not inspecting these locations.

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Preemption is a huge issue for the average American and I wonder if the public is paying attention. Last week as reported in the LaBovick Injury Law Blog, Congress had a hearing to discuss the issue of preemption. On all accounts, it appears to have been a success. One of the key speakers, Actor Dennis Quaid, discussed his experience with the drug Heparin, which almost killed his twin newborns. His testimony was so moving that even a total tort reformer, like Rep. Tom Davis, was moved to state that if "this had been my kids, I'd be suing everyone in sight. This should not happen."

The public does not seem to get the fact that this is a HUGE separation of powers issue. The right to sue is part of our JUDICIAL system. It is the way America, as a society, permits the common man to address problems he may have with other people including corporations and even our government. The Judicial system replaced the rule of Hammurabi, which was an eye for an eye. We also have a Legislative Branch, which makes the rules, and an Administrative Branch that applies the rules and keeps order (police, fire, army, road crews, etc). We can not allow the Administrative Branch to take away our right to access to the judicial branch. It messes up the balance of our government and our entire social makeup! Do you know how deeply this harms our system of government? I know it feels innocent and easy on the surface, however the implications of a dictatorship rule is scary!

Click here to read the testimony of key witnesses and Chairman Waxman's Opening Statement addressing the legal liability of manufacturers that produce dangerous drugs and medical devices before the Committee on Government Oversight and Reform.

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There is only one word that I think of that can describe how I feel about Allstate Insurance Company: Outrage.  In light of recent events, Allstate Insurance Company is not putting the best interest of their clients first or their 1,100 Agents in Florida.    

Judge Paul Hawkes  wrote the following scathing remarks for a unanimous three-judge panel: “Allstate’s willful, indeed potentially criminal, failure to comply with its disclosure obligations has prevented OIR from adequately investigating its reasoned belief that Allstate is systematically defrauding its policyholders”.

Florida Insurance Commissioner Kevin McCarty is not backing down on his request for Allstate Floridian to allow his office free access to its records to end the  statewide shutdown.

“The timeline is in their hands,” McCarty said. “Clearly they have indicated a willingness to provide further documents. It’s unfortunate that it takes a succession of court cases . . . to get their attention.”

One can only hope that Allstate lives up to their corporate slogan  "you're in good hands with Allstate" and they are not found guilty of systematically defrauding unsuspecting policy holders.  Let’s not forget that corporate giants have been known to believe in the philosophy that greed is good; at any cost. Insurance companies that are found defrauding hardworking policy holders that faithfully pay their monthly, quarterly and annual premiums, should be punished to the full extent of the law.

Florida Insurance Commissioner Kevin McCarty and Judge Paul Hawkes deserve a round of applause for holding Allstate accountable. One can only hope that a whistleblower with integrity will come forward and shed some light on Allstate's internal practices and policies. 

Click here to read more on this subject from Florida Today.com

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