Charpentier Law Firm Blog

Bridgestone/Firestone recalled tires on June of 2009. The recall included specific sizes of a specific tire that were manufactured without sufficient tread based gage. According to the recall announcement, continued use of the recall tires could lead to vibration and groove cracking, and extended use could result in tread distortion or tread separation and loss of vehicle control. According to the article Bridgestone/Firestone has agreed to replace the affected tires free of charge, as well as to mount and balance the replacement tires at no expense to the owner. Florida Justice Association November/December 2009-No.541 Pg. 17.

There is significant additional information about this recall, as well as all the consumer products recalled under the authority of the CPSC on the CPSC website. For additional information please go to www.cpsc.gov

For more information on Product Liability Click Here: http://www.brevardlawyer.com/html/preise.html

On September 29, 2009, Toyota announced the recall of several models of Toyota and Lexus vehicles in connection with 2000 documented incidents of unattended acceleration that resulted in as many 19 deaths. Florida Justice Association November/December 2009-No.541 Pg. 16.

There is significant additional information about this recall, as well as all the consumer products recalled under the authority of the CPSC on the CPSC website. For additional information please go to www.cpsc.gov

For more information Product Liability Click Here: http://www.brevardlawyer.com/html/preise.html

Ford Windstar Cruise Control Switch-On October 26, 2009, Ford Motor Company recalled 4.5 million vehicles to repair cruise control deactivation switches. It has been estimated that well over 500 fires have been caused by the faulty cruise control switch, many of them resulting in injury and, in some cases, death. Apparently this recall comes on the heels of a 2008 recall for the same problem. Apparently Ford has now recalled over 14 million vehicles to install a fused harness which Ford believes will prevent further problems with the cruise control deactivation switch.

There is significant additional information about this recall, as well as all the consumer products recalled under the authority of the CPSC on the CPSC website. For additional information please go to www.cpsc.gov

For more information on Products Liability Click Here: http://www.brevardlawyer.com/html/preise.html

Florida First District Court of Appeal Rules that an Emergency Medicine Doctor Does Not Qualify as an Expert for Purposes of Per-suit Affidavits in a Claim Against a Cardiologist Physician. Oken V. Williams-34 FLWD 1967 (Fla 1^st DCS 9-30-09)

For information on Medical Malpractice Click Here: http://www.brevardlawyer.com/html/medical-malpractice.html

Where a nursing home resident was not legally incapacitated, was not cohorsed into signing a nursing home arbitration agreement and was not prevented from knowing that contents of the abrtriation agreement, the agreement was valid and the fact that the nursing home resident did not understand the agreement did not make said agreement invalid. Rocky Creek Retirement Properties, Inc. The estate of Fox 34 FLWD 2067 (Fla 2^nd DCA 10-9-09)

For more information on Nursing Homes Click Here: http://www.brevardlawyer.com/html/nursing-home-abuse.html

WTVT-TV Tampa (December 7, 2009) On its website reported, “thousands of people in Florida are thinking about abandoning their homes, and it has nothing to do with the mortgage melt down. They can’t live in a house with Chinese drywall, and can’t sell either.” Senator Bill Nelson (D-FL) said, “there has to be deep pocket somewhere that will make whole the homeowners that have been financially hurt,” adding, “Personally, I think that the deep pocket’s going to have to be the Chinese government.”

For information on Premise Liability Click Here: http://www.brevardlawyer.com/html/premise.html

In a wrongful death case involving a 13-year-old girl who died of her injuries after hitting a tree while driving a ATV that belonged to a 13-year-old boy, the boy and his parents who bought the ATV for him were held liable to the young girl’s estate. Fena V. Hennarich, 34 FLWD2030 (Fla 4^th DCS 10-7-09)

For more information on Premise Liability Click Here: http://www.brevardlawyer.com/html/premise.html

Journal of the Florida Justice Association-November/December 2009-No. 541-Not withstanding the legislature’s expressed intent to the contrary, retroactive applications of part of the 2003 medical malpractice changes {766.118 (4, Fla. Stat.} limiting the liability of negligent practitioners providing emergency medical services and care to the plaintiff whose cause of action accrued before the effective date of the legislation can not be enforced because to do so would result in an unfair and impermissible impairment of the patients subsiditive and vested rights to justice. Case site is Raphael V. Shecter, 18 So. 3^rd 11-52 (Fla. 4^th DCA 2009).

For more information on Medical Malpractice Click Here: http://www.brevardlawyer.com/html/medical-malpractice.html

Florida Today-December 7, 2009-According to this article Titusville Police recently arrested four under age individuals after they tried to break into Space Port Cycles on North Washington Avenue in Titusville, Brevard County, Florida. Apparently, Titusville Police received a report that these minors were cutting a fence outside the business which was closed at the time. The juveniles, ranging in age from 10 to 14 were taken into custody by Titusville Police.

For more information on Criminal Litigation Click Here: http://www.brevardlawyer.com/html/criminal-litigations.html