Charpentier Law Firm Blog

Motorcycle Consumer News-April 2010-According to the American Motorcyclist Association a motorcyclist who had insurance through three insurance companies in Massachusetts will get refunds ranging from hundreds to thousands of dollars under a settlement agreement between that state and the insurance companies.

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According to BMW Motor Rad USA it out performed other motorcycle manufacturers in 2009 by only posting a 22% decline in annual sales when the U.S. motorcycle marker declined 41% overall last year. According to Todd Anderson of BMW Motor Rad USA “our dedicated dealers were the key to our success this past year.” BMW went on to say that despite tough markets they continue to serve the customers and provide attractive financing. Road Racing World Magazine Volume 20 #3, March 2010.

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Florida Today-March 12, 2010-Associated Press-In it’s history, Florida has executed only three women. The first one was a slave put to death in 1848 for killing a planter. The second was Judy Buenoano in 1998 and the third was Aileen Wuornos in 2002. Currently there is only one woman on Florida’s death row her name is Tiffany Ann Cole.

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

Florida Today-Flash US Today-March 12, 2010-Larry Copeland-According to this article traffic deaths in the United States for the year 2009 fell to levels not seen since 1954, and the fatality rate was the lowest since the federal government began tracking it in 1966. Overall, highway deaths in 2009 dropped to 33,963, an 8.9% decline from 2008. According to the article road fatalities have fallen every year since 2005, when 43,510 people died in crashes.

For more information Automobile Accidents Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

Florida Today-March 4, 2010-J.D. Gallop-This unfortunate crash happened mid day along N. Wickham Road in Viera, Brevard County, Florida. According to the article Brevard County Sheriff’s Deputies and Florida Highway Patrol Troopers worked the scene. Apparently a woman was struck by a car and was critically injured. According to Brevard County Fire Rescue personnel “she’s in critical condition and has some serious injuries.” The injured pedestrian was flown to Holmes Regional Medical Center in Melbourne, Brevard County, Florida.

For more information on Automobile Accidents Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

Florida Today-February 15, 2010-J.P. Gallop-According to this article, four people were seriously injured following a roll over accident in the busy intersection in Melbourne, Brevard County, Florida. This crash reportedly occurred mid day at the intersection of Avocado Avenue and Canopy Drive in Melbourne. According to Melbourne Fire Department officials occupants of the SUV involved in the roll over were ejected from the vehicle. The injured persons, including one person with a severe head injury, were taken via ambulance to Holmes Regional Medical Center in Melbourne, Brevard County, Florida for further medical care. The Melbourne Police Department is investigating the crash.

For more information on Automobile Accidents Click Here: http://www.brevardlawyer.com/html/auto-accidents.html

AARP Bulletin-Volume 51- #2-March 2010-According to this article a retiree lost his right leg, part of his left foot, a kidney and much of hearing as a result of MRSA (a form of staph infection) after having a pace maker implanted in 2004. Apparently, doctors implanted a pace maker in the patient, hoping to stabilize him after he suffered a heart attack. But within weeks, the patient was suffering from MRSA. Apparently doctors later removed golf-ball-size masses of infection. Lawsuit was filed and a jury determined the doctors were negligent and in 2008 awarded 2.6 million dollars, more than half of which was to compensate for non economic damages, including pain and suffering of the patient and his wife. Unfortunately, because of caps on medical malpractice awards (such as we have in Florida) judge later reduced the award on a cutting the non economic share of money allocated by the jury to $350,000 for a state statue the capped such damages. The plaintiff and his wife appealed to the Supreme Court of that state and the case drew national attention. Similar caps on non economic awards are being challenged in other states alleging that persons injured by negligence of others should not be deprived a full compensation for their injuries. According to the article lost earnings alone don’t adequately compensate older people, who are near their end of their careers or retired and those with low incomes. Simply stated caps on non economic damages mean that no matter how aggresses an injury victims suffers because of another’s negligence the cost to the responsible party for pain and suffering, loss of quality of life, emotional harm and other non-dollar items will never exceed a previously set specified amount of money. The plaintiff in this article, like most people, stated that getting his life back would mean more to him than any amount of money. A lawsuit is simply a way to hold the responsible people accountable. Non economic damages such as pain and suffering are more difficult to measure than economic losses such as medical bills or loss wages. However, the article points out, “it is vital that this sort of personal, intimate harm is addressed, even it is harder to measure.”

The article closes by stating “Ultimately, older people are devalued by these caps. They can not be made whole, no matter how much pain and suffering they have endured.” “Medicine, especially hospital medicine and procedures, is a huge business with lots of sloppiness, and it needs to be held accountable.”

We will wait and see what the Supreme Courts of various states have to say in this regard.

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

Verdict Search.com-March 4, 2010-According to this article a Florida jury awarded $902,000 to a motorcyclist who was thrown from his motorcycle when he was struck in a chain of rear enders. The crash occurred in 2007 when a 30-year-old man was stopped in traffic. There was a sequence of rear enders resulting in damage and injury to the motorcyclists. Evidently, at the time of the crash the motorcyclist walked away from the crash. However, the motorcyclist was eventually diagnosed with central cord syndrome of the cervical spine. He underwent a 4-level laminoplasty and 5-high level fusion. Dispute these surgeries the motorcyclist testified that he was left with residual numbness and tingling in both hands. In addition he suffers from neck and back pain and pain in both legs, knees and feet.

For more on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

Daytona–Beach News Journal-February 25, 2010-Anne Geggis-According to this article a 76-year-old patient at a Deland nursing home went for nearly 12 hours without treatment after she fractured her shoulder and both of her legs in an accident according to a Deland police report. The nursing home is being investigated for elderly abuse. Apparently the injuries under investigation occurred when a resident fell from her bed as her bedding was being changed, according to Deland police. The article goes on to state that the patient was put back into bed after the fall. Fortunately, according the article, it wasn’t until after the next shift came on duty that emergency workers were summoned to attend to the residents injuries. The resident was taken to a nearby hospital where she was admitted, according to the police report.

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

Florida Today-March 3, 2010-A motorcycle rider who collided with a black bear on a road in Marian County, Florida has died. The article states that according to the Florida Highway Patrol, the bear ran out in front of the motorcyclist. The motorcyclist was pronounced dead at Tavares Hospital.

For information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html