GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Personal Injury Blog

  • John Lombardi Family May Have Case For Wrongful Death Claim

    John Lombardi Family May Have Case For Wrongful Death Claim

    By all accounts, N. John Lombardi was the kind of guy who would give you the shirt off his back and help anyone in need.

    After a successful career in the restaurant and casino management industry, the New Jersey native became a licensed counselor who devoted his time in recent years to working with patients at substance-abuse treatment centers throughout Palm Beach County. Most recently, he had been the Executive Director at Developmental Client Care in West Palm Beach since 2017.

    John Lombardi Family May Have Case for Wrongful Death Claim

    Although families of Florida car accident victims cannot get their loved ones back, Florida state laws allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act in Florida statutes section 768.16 allows families of accident victims to file civil charges against those responsible.

    To prove liability, the following must be proven: the death was caused by that person’s wrongful act, negligence, or breach of contract. So, a wrongful death suit can only be brought if he deceased could have filed a lawsuit for the injuries he/she sustained, had he/she survived.

    Killed By a Driver Fleeing Law Enforcement

    On his way home from the grocery store the morning of September 4, 2022, John Lombardi was killed in a two-vehicle crash near Delray Beach. According to Florida Highway Patrol investigators, Theo James of Wildwood, Florida was attempting to flee from a traffic stop when he exited the Florida Turnpike and ran a traffic light at Atlantic Avenue and East Tranquility Lake Drive, striking Lombardi’s Mini-Cooper vehicle and killing him.

    Family Hoping that James Receives “Maximum Penalty”

    In a letter to Palm Beach County State Attorney Dave Aronberg, Barbara Lombardi, the sister of the victim, encouraged the State Attorney’s Office to seek the strongest penalty against James because of her brother’s “senseless” death. “I hope that Theo James gets the maximum amount of time that the court and the law will allow.”

    Driver Faces a Variety of Charges; Up to 30 Years in Prison

    James, 34, was charged with a variety of serious crimes including vehicular homicide, fleeing or eluding police resulting in serious injury or death, and driving with a suspended license causing serious injury or death. He pleaded not guilty to all charges, and remains in custody at the Palm Beach County Jail, where he has been held on $125,000 bail since his arrest the day of the crash.

    Under Florida law, vehicular homicide is a second-degree felony punishable by up to 15 years in prison. However, since he did not stop to render aid to the victim as required by law, the crime can be enhanced to a first-degree felony calling for up to 30 years imprisonment.

    What Damages Can Be Recovered, and Who Can Recover Them?

    The victim’s family may recover for loss of income, medical expenses, and mental pain and suffering. A surviving spouse can also recover for loss of companionship and protection. Children can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.

    Victim Described as “Very loving, caring, good-hearted person”

    N. John Lombardi moved to Florida more than twenty years ago in search of a better life. He worked as the Director of Operations for the Hard Rock Casino for almost a decade before deciding to focus on a career as a trauma therapist specializing in substance abuse counseling. Lombardi attended Seton Hall University where he earned a degree in clinical psychology.

    “He dedicated the last 10 – 12 years of his life to helping others,” said his sister, Barbara. “That’s all he wanted to do, to help people. He saved a lot of lives.” Lombardi is survived by two children and a grandchild.

    Why File A Claim?

    A wrongful death lawsuit can help a family deal with financial burdens as they navigate the grieving process. But, because they are extremely complex, families considering a claim should speak with an attorney who has experience negotiating and litigating wrongful death cases as soon as possible. Have questions about a possible case? The attorneys and legal staff at GOLDLAW are experienced and have a successful record bringing wrongful death lawsuits on behalf of our clients. To receive a free consultation, call 561-222-2222 to discuss your situation!

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence based on the facts of the case. Respectfully, our thoughts are with those who have suffered a catastrophic injury or death.

  • Family of Paul Donner May Have Case For Wrongful Death Claim

    Family of Paul Donner May Have Case For Wrongful Death Claim

    Paul Donner was killed by a hit-and-run driver while walking along south Dixie Highway in West Palm Beach the morning of March 26, 2022. Because the driver of the vehicle was apprehended, Donner’s family may have a solid case to file a wrongful death claim.

    West Palm Beach police allege that Santizo Sarmiento, 21, from Lake Worth Beach, was driving under the influence of alcohol when his 2007 Chevrolet Impala struck and killed Paul Donner, 71. According to the arrest report, the crash occurred on south Dixie Highway just south of Barnett Street. A witness, who saw Sarmiento’s vehicle swerving and saw the collision, reported the crash to a police sergeant parked in a nearby lot. The officer then noticed the suspect’s car traveling south on Dixie Highway, and pulled it over south of Forest Hill Boulevard.

    Drive Appeared Under the Influence, Failed Sobriety Testing

    After being pulled over, an officer reported that Sarmiento’s breath smelled of alcohol, described his speech as slurred, and said the suspect had trouble maintaining his balance as he exited his car.

    Testing would later reveal that Sarmiento had blood alcohol levels of 0.188 and 0.189 the morning of the crash, more than double Florida’s legal limit of 0.08. He would later tell investigators he felt a “bump” while driving, but had no idea that he hit Paul Donner.

    Sarmiento, who was arrested on December 19, faces a variety of charges, including DUI causing death, leaving the scene of an accident, and driving without a valid license. At a December 20 hearing at the Palm Beach County Jail, Circuit Court Judge Kirk Volker set bail at $150,000

    Proving a Wrongful Death Claim

    Although families of Florida car accident victims cannot get their loved ones back, Florida state laws allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act in Florida statutes section 768.16 allows families of accident victims to file civil charges against those responsible.

    To prove liability, the following must be proven: the death was caused by that person’s wrongful act, negligence, or breach of contract. So, a wrongful death suit can only be brought if he deceased could have filed a lawsuit for the injuries he/she sustained, had he/she survived.

    What Damages Can Be Recovered, and Who Can Recover Them?

    The victim’s family may recover for loss of income, medical expenses, and mental pain and suffering. A surviving spouse can also recover for loss of companionship and protection. Children can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.

    Why File a Claim?

    A wrongful death lawsuit can help a family deal with financial burdens as they navigate the grieving process. But, because they are extremely complex, families considering a claim should speak with an attorney who has experience negotiating and litigating wrongful death cases as soon as possible. Have questions about a possible case? The attorneys and legal staff at GOLDLAW are experienced, and have a successful record bringing wrongful death lawsuits on behalf of our clients. To receive a free consultation, call 561-222-2222 to discuss your situation!

  • Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Ten-year-old Tahfin Chowdhury became the sixth child in Palm Beach County to drown in 2022, after going missing on Sunday, November 27, according to the Palm Beach Post.

    Described as an autistic, non-verbal child who liked the water, Chowdhury was reported missing by his family Sunday afternoon. An intensive search for him started shortly after 2 p.m., and his body was found hours later in a pond in the Turtle Cay community in Riviera Beach where he and his family lived.

    Possible Wrongful Death Claim for Tahfin Chowdhury Family?

    In the drowning of Tahfin Chowdhury, several factors must be considered to determine if the family has the grounds to pursue a wrongful death lawsuit. For example: Was adequate fencing or barriers in place around the community lake, knowing that an autistic child was a member of the community? What safety precautions, if any, were present that could have presented this tragic death?

    Residents expect their children to be kept safe in the communities they live in, especially children with disabilities. For Tahfin Chowdhury’s family, the question now becomes, did the Turtle Cay community do enough to ensure the safety of their autistic child?

    Our law firm has handled drowning cases in the past, and we have pursued property owners for inadequate or non-existent preventative measures that should have been in place to prevent a tragedy.

    Drownings Common Among Autistic Children

    Drowning is among the leading causes of death for people with autism, like Tahfin Chowdhury, according to studies done by the National Autism Association. Children with autism are often attracted to the water, and that requires special preventative steps, says Anna Stewart, Manager of the Drowning Prevention Coalition of Palm Beach County.

    “It’s really important that [people] use layers of protection inside and outside the home, door alarms, window alarms, fencing. Obviously, supervision is most important, but we know that you can’t watch a child 24 hours a day, seven days a week.”

    Accidental Drowning Liability Cases

    Access to water, whether it be swimming pools, the ocean, or community lakes and ponds, is highly available in Florida, so it should come as no surprise that drowning accidents are common in Florida communities. Between 2017 and 2019, Florida ranked highest in the United States for child deaths from drowning, according to the Florida Department of Health, and fourth among all states for fatal drownings. Common causes of accidental drownings include:

    • Improper safety precautions, i.e. lack of fences or barriers
    • Lack of supervision
    • Negligence on the part of the property owner

    To get the answers needed, it makes sense to hire a firm that has significant experience in premises liability cases involving drowning deaths. The team of attorneys at GOLDLAW understand the legal rights of the victim’s family and are not only committed to getting the maximum amount of compensation possible but also to helping the family recover from their loss.

    Have questions about an accidental drowning or wrongful death? Contact our office at (561)222-2222.

  • Fuel Tanker Explodes on I-95 in Delray Beach

    Fuel Tanker Explodes on I-95 in Delray Beach

    A fuel tanker crashed and exploded on I-95 near the Atlantic Avenue exit in Delray Beach at 1:17pm, Tuesday afternoon.

    Fire rescue teams from Delray Beach, Boca Raton, and Palm Beach County responded to the crash and were able to put out the fire, which was brought under control as of 2:25pm.

    According to officials, three people are in critical condition, and a fourth person was transported to the hospital with unknown injuries, as multiple vehicles erupted in fire.

    All southbound and northbound lanes on I-95 between Linton Boulevard and Atlantic Avenue were closed just before 2:00pm. According to Palm Beach Fire Rescue, “Traffic delays will be severe, and will last for the “foreseeable future.”

    Officials have not said how many vehicles were involved in the incident and have not yet announced a cause. An official investigation is ongoing, and officials will post updates as they acquire more information.

    If you or someone you care about was hurt in the incident, please call our office at 561-222-2222 or email us at intakelead@800goldaw.com.

  • Deputy Michael Hartwick Killed In Hit-And-Run Accident

    Deputy Michael Hartwick Killed In Hit-And-Run Accident

    Pinellas County Sheriff’s Deputy Michael Hartwick was struck and killed by a construction vehicle on Sept. 22 in a hit-and-run crash along I-275 in St. Petersburg.

    Hartwick, a 19-year veteran of the agency, was working a security shift at a construction site near the Howard Frankland Bridge, when he was struck by a front-end loader operated by a worker.

    According to Pinellas County Sheriff Bob Gualtieri, after the crash, the worker drove to a parking area. After parking the front-end loader, he handed his helmet and safety vest to another worker, said he had “killed a deputy,” and subsequently left the scene. A search ensued, and the worker was taken into custody at 8:40am Friday morning.

    “Struck By” Crashes are a Leading Cause of Law Enforcement Officer Deaths

    Besides homicides, motor vehicle-related incidents kill more law enforcement personnel than any other type of incident. From 2011-2020, 286 officer line-of-duty deaths came as the result of vehicle crashes (21% of total fatalities). 114 of these deaths were the result of being struck by a vehicle (8% of total).

     Wrongful Death Claim Possible

    Because the hit-and-run driver has been identified, the family of Deputy Michael Hartwick may have the right to pursue a wrongful death claim pending an investigation.

    Families of victims killed in hit-and-run accidents often seek a personal injury/wrongful death claim to cover the costs of funeral expenses, pain and suffering, and emotional trauma. If you need help with such a claim, our experienced attorneys can speak with you about your options.

    Notice: As a personal injury law firm, we frequently provide analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

     If you would like a free, confidential consultation about an incident, please check our website, or contact us today at 561-222-2222.

     

  • Stacey Abo May Have a Claim Against Hit-And-Run Driver and Her Insurance Carrier for Uninsured Motorist Coverage

    Stacey Abo May Have a Claim Against Hit-And-Run Driver and Her Insurance Carrier for Uninsured Motorist Coverage

    While crossing a road last Saturday, 65-year-old Stacey Abo was seriously injured when struck by a hit-and-run driver.

    According to the Palm Beach County Sheriff’s Office, Abo was walking across 10th Avenue North in a designated crosswalk near the intersection with Boutwell Lane in Lake Worth at 8:51pm, when a 1997 Ford F-150 pickup truck struck her. The impact threw her onto the shoulder of eastbound 10th Avenue North.

    Witnesses told authorities the truck continued traveling east, leaving the scene of the accident. Deputies quickly located the vehicle, which was abandoned in a nearby industrial area. The driver has yet to be identified.

    Paramedics treated Stacey Abo at the scene, and she was transported to St. Mary’s Medical Center, where she is currently being treated for critical injuries.

    Personal Injury and Uninsured Motorist Claim

    If the hit-and-run driver is identified, Stacey Abo and her family may have the right to pursue a personal injury claim, pending an investigation. Another option might be to pursue a claim with her automobile insurance carrier for uninsured motorist coverage. If Stacey Abo has uninsured motorist coverage on a car insurance policy, those funds can help compensate for medical bills and for her pain and suffering.

    Injured victims involved in vehicle hit-and-run collisions often seek a personal injury claim to cover the costs of medical bills, lost wages, pain and suffering, and emotional trauma. If you need help filing an uninsured motorist claim, our experienced attorneys can review your coverage and that of the other party to help you know what kind of compensation is available.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinions on news stories in the hope that the family and friends of the victim may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury.

    If you would like a free, confidential consultation about an incident, check our website, or please contact us at 561-222-2222.

  • Christopher Cipra Family May Have a Case for Wrongful Death

    Christopher Cipra Family May Have a Case for Wrongful Death

    Christopher Cipra’s golf trip with friends to Florida went from bucket list event to tragedy.

    The father of one from Houston, Texas, died after falling from the back of a golf cart at the Floridian National Golf Club in Port St. Lucie, Florida, on April 27, 2022.

    Despite charges being dropped from the driver responsible, Christopher Cipra’s family may have a legal case for wrongful death. The legal standard for a criminal case is quite different from the legal standard to bring a civil case for “negligence,” which is what our law firm specializes in doing.

    The driver of the golf cart was arrested on a felony DUI manslaughter charge, which was later amended to a lesser misdemeanor DUI charge, which was also later dismissed by authorities. Despite the initial charges, the State Attorney’s Office has announced that the driver is no longer being held criminally liable for Cipra’s death.

    Police said their initial investigation indicated three people left the club in a golf cart and were traveling to a residence in the community. The cart drove over a raised man-hole cover, causing Christopher Cipra, who was standing in the rear of the cart, to fall off and hit the roadway. He was transported to Tradition Medical Center, where he was pronounced dead.

    Possible Civil Case for Christopher Cipra’s Family

    According to Assistant State Attorney Spencer Scott, there was no evidence that Hehr drove recklessly, and a lack of physical evidence to prove a crash occurred, reports said.

    Despite that, there are many factors that may have contributed to Christopher Cipra’s death. Personal injury law firms, like ours, have many investigative resources to review the circumstances of accidents such as these that law enforcement does not.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of transportation accidents surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

  • Family of Sydney Wolf May Have Legal Case Against Lyft and Driver

    Family of Sydney Wolf May Have Legal Case Against Lyft and Driver

    Sydney Wolf was hit and killed this past Sunday by a passing car after police say his Lyft driver kicked him and five other passengers out of the vehicle near Dewey Beach, Delaware, according to news reports. His surviving wife and two young daughters may have a case against Lyft and the ride-share driver.

    Police told reporters the Lyft driver stopped the vehicle in the middle of a southbound lane on Coastal Highway after a disagreement with the passengers and ended the ride, demanding that all six get out.

    The driver of a passing Toyota Corolla changed lanes to avoid striking the rear of the Lyft. Sydney Wolf had exited the right rear passenger seat and was standing in the roadway when the sedan struck him. He was later pronounced dead at the scene.

    Sydney Wolf worked as a re-election campaign manager for a Maryland County councilmember and previously served as a former senior policy adviser for former New York Gov. Andrew Cuomo, according to ABC affiliate WJLA.

    Similar Case to Sydney Wolf

    Our law firm has represented many victims and their families in tragic cases involving Lyft and its drivers, including a starkly similar case in Texas in which a 25-year-old woman died after being kicked out of a Lyft in June. Her mother learned through media reports that an unidentified woman had been struck and killed on the roadway where her daughter had been walking home. Two days later, the local medical examiner confirmed it was her daughter.

    In the death of Sydney Wolf, the driver of the Lyft who kicked him out of the vehicle has been identified by law enforcement, but no charges have been filed as of the writing of this article.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact us today at 561-222-2222.

  • Family of Supraja Alaparthi May Have Legal Case in Parasailing Incident

    Family of Supraja Alaparthi May Have Legal Case in Parasailing Incident

    Supraja Alaparthi’s family may have a case against any company or person found responsible for the tragic parasailing incident on Memorial Day in the Florida Keys that killed her and injured her young son and nephew.

    The 33-year-old mother from Schaumburg, Illinois, was killed after a sudden storm prompted a boat captain to cut loose the parasail. The inflated parasail then dragged the family across the ocean and slammed them into Old Seven Mile Bridge in the Florida Keys, according to a report by the Associated Press.

    The boat captain, Daniel Couch, 49, who works for Lighthouse Parasail Inc., which is based in Marathon, cut a line tethered from the 31-foot boat to the parasail because it was dragging the boat, according to the Florida Fish and Wildlife Conservation Commission. Couch could face criminal charges, according to news reports.

    Mark McCulloh, a parasailing safety consultant from Maitland, Florida, told the Associated Press that boat captains should never cut the cord when people are in the air.

    “No, no, no. That’s not even in the cards,” McCulloh said. He noted that, generally speaking, a captain is giving up control by cutting the line.

    “You run a huge risk because it’s windy. When the parasail lands in the water, it doesn’t stop moving,” he said. Turning the boat from side to side is considered a better way to lessen the tug on the line.

    Good Samaritan

    A nearby boater, John Callion, witnessed the incident around Pigeon Key and tried to rescue Supraja Alaparthi and the boys, pulling them into his boat and taking them to waiting paramedics, the U.S. Coast Guard said in a news release.

    Callion told the Miami Herald that the storm developed suddenly, “It was pretty much flat calm, but you could see the storm coming. All of the sudden, the temperature dropped by 10 degrees and the wind started blowing like crazy.”

    Supraja Alparthi was pronounced dead at the scene. Her son Sriakshith Alaparthi, 10, and nephew Vishant Sadda, 9, were both injured.

    The Coast Guard and Florida Fish and Wildlife are continuing to investigate.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    For a free, confidential consultation about an incident, contact us today at 561-222-2222.

  • Food Truck Owner Michelle Dietterick Burned in Explosion May Have a Case for Money Damages

    Food Truck Owner Michelle Dietterick Burned in Explosion May Have a Case for Money Damages

    Michelle Dietterick and her family may have a case against any company or person found responsible for an awful food truck explosion that left her with severe burns and broken bones.

    Dietterick, 53, of Port St. Lucie was inside the food concession trailer she owns with her husband at the Vero Beach Seafood Festival on May 14 when an explosion occurred just before 9 a.m., according to an article by TCPalm.com.

    The explosion occurred on the second day of the three-day festival at Riverside Park, south of the Barber Bridge. Police later reported that a strong smell of propane had been coming from Michelle Dietterick’s truck, called “Michelle’s Catch of the Day,” before the explosion.

    According to TCPalm.com, Michelle Dietterick’s food truck had recently passed an inspection on March 24 without any violations. Indian River County Fire Rescue and the State Fire Marshal’s Office are investigating the explosion. Police told reporters that the Sunday the explosion appears to be an accident.

    In situations such as these, it is not always clear whose fault the incident was. As a personal injury law firm, our attorneys and legal specialists have resources that can sometimes uncover information related to the cause of an incident that law enforcement or fire investigators might have overlooked.

    Michelle Dietterick’s husband, Scott Dietterick, created a GoFundMe fundraiser page to accept donations to help cover the cost of treating her injuries, which include severe burns on her face, hands, arms and legs. She also suffered broken bones to her face and a collapsed lung, according to the fundraiser page.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    For a free, confidential consultation about an incident, contact us today at 561-222-2222.