On Thursday, January 9, rescue workers were called to a construction site at One West Palm, a two-tower project on the north side of downtown West Palm Beach, after a wall collapsed, trapping a worker.
The wall that collapsed on Thursday afternoon was described as a “rebar wall,” in which metal bars form a skeleton and concrete is poured later. The project’s developer, Jeff Greene, said that high winds knocked over a form being used to pour concrete. The form then knocked down the rebar wall onto the worker.
The winds also made rescuing the worker difficult. Assistant Fire Chief Brent Bloomfield said the man was pulled from under the wall, placed in a rescue basket, and lowered by crane to the ground on the northwest side of the building. Crane operators lowered the basket, with a fire rescue worker hanging on the side, fighting the winds all the way.
“It’s extremely dangerous,” Battalion Chief Danny Colazzo said of the rescue. “The rest is what we do every day.”
The injured worker was then taken by ambulance to a local hospital.
Unfortunately, construction accidents are common, and often result in chronic pain or even permanent disability. Throughout the US, 20 percent of workplace fatalities involve construction. More than half a million Florida residents are employed in the construction industry. In the state of Florida, more than 300 people die in work-related accidents annually, with the construction industry leading in fatalities.
“Because of all the construction we’ve had in the last decade, we’ve had multiple calls like this,” Bloomfield said. “Sometimes it’s a window washer or somebody working on a construction site like this.”
Both falls from high places like ladders or scaffolding, and being hit by falling objects—such as the rebar wall in this case—are leading causes of construction site injuries. Recovery can be slow and painful, and may involve months of lost income when the injured person is unable to work. Workers’ compensation may not always be adequate to cover all the bills associated with medical treatment, as well as regular costs of living. Some injuries may leave a worker permanently disabled and no longer able to work.
On Thursday, January 9, an early morning car crash on Colonial Drive in Orlando left Shaunte Chambers, 19, and Angelesea P. Rock, 20, dead, and two others injured.
According to a police report, officers were called to the accident scene around 2:40 AM. Police Sgt. David Baker said that a Ford-F150 truck was driving erratically before it slammed into a Volkswagen Jetta. Chambers and Rock were pronounced dead at the scene. Two other women, Jada Fraser and Taylor Morgan, both 20, were injured, and were taken to a local hospital for treatment. All four women were riding in the Jetta.
The Ford truck was found empty, and police called K-9 units and a helicopter to the scene to search for the escaped driver. Eventually they located a man believed to have been in the truck, hiding on the north side of the lake. He was taken to a hospital and listed in stable condition while authorities continue to investigate who was driving and the cause of the crash.
Sgt. Baker reminds drivers that it’s important to always remain at the scene of an accident. “Staying on scene is definitely the best thing to do because, obviously, leaving will cause you to face felony charges and that sort of thing so it’s certainly not a good thing to do and it’s certainly not the right thing to do, either.”
In 2018, there were 401,851 car crashes, resulting in 254,484 injuries and 3,150 fatalities in the state of Florida. About 5,797 of those involved a driver who was cited for reckless driving.
On Thursday, January 9, witnesses spotted a Pinch a Penny pool supply truck driving erratically and speeding down Bayshore Boulevard in Tampa, shortly before it struck jogger George Gage, 70.
Gage was thrown into the water, and bystanders jumped in to help, holding his head above water until rescuers arrived and were able to lift him out of the water. Gage was rushed to a local hospital, where he later died of his injuries.
“He was a faithful and active member of this church and he will be greatly missed,” Rev. Magrey deVega of Hyde Park United Methodist Church said in a statement. Friends remember Gage, a retired trust officer at Northern Trust, as a kind and generous person who often helped others in the community. He was married and had two children.
Benjamin Douglas Ehas, 31, of Tampa, was identified as the driver of the Pinch a Penny truck. He was treated for injuries at a local hospital, then arrested on charges of DUI manslaughter and vehicular homicide. Ehas admitted that he drank whiskey and smoked marijuana prior to the crash, according to the arrest report.
According to investigators, Ehas had a blood-alcohol content level of 0.234, almost three times the level at which Florida law presumes impairment, 0.08.
Witnesses told police that the Pinch a Penny truck appeared to be going 60 or 70 MPH in a 35 MPH zone, and was also swerving in and out of oncoming traffic right before the collision.
Unfortunately, Florida leads the country in pedestrian traffic accident deaths, and many of those involve an intoxicated driver. According to the Florida Uniform Traffic Citation Statistics, there were 43,899 DUI charges filed in 2017. Although the numbers have dropped off since 2012, intoxicated drivers continue to pose a danger to others, including pedestrians.
Commercial vehicles accidents that cause fatalities often involve large semi-trucks, but any commercial vehicle can cause an accident if the driver is impaired or distracted. One Large Truck Crash Causation Study found that about 3 percent of large truck accidents involve a driver’s use of alcohol or illegal drugs. Many companies that hire commercial vehicle drivers conduct background checks and pre-employment drug screenings.
On Friday, January 3, Theresa Gutierrez, 28, died after the driver of a stolen Mercedes struck the car she was riding in.
Miami-Dade Police officials say the tragic accident happened in Northwest Miami-Dade at an intersection near Seventh Avenue and 135th Street. Gutierrez’ husband, 28-year-old Luis Tirado, was driving their vehicle.
A few minutes earlier, officers had spotted a stolen Mercedes Benz and attempted to pull it over. The driver fled from police, and the Mercedes crashed into the vehicle Tirado was driving near the intersection. Tirado was rushed to a local hospital, where he is currently in critical condition. Sadly, Gutierrez was pronounced dead at the scene.
Police say the driver and passenger of the stolen car were arrested, and later taken to a hospital to be treated for their injuries.
“We do want justice done for our little sister and her boyfriend ’cause she will never be back,” said Yasmin San Martin, Gutierrez’ sister.
The family have set up a GoFundMe to pay for Gutierrez’ funeral and other related expenses.
[vc_row][vc_column][vc_column_text]On Sunday, January 5, a 95-year-old resident of the Tiffany Hall Nursing and Rehabilitation Center died after being attacked by an assailant who then fled the building.
Port St. Lucie Police were contacted by staff at the Tiffany Hall Center shortly after midnight Sunday morning. Investigators say the attacker was only discovered because a nurse walked past the patient’s room. She saw a man sitting on the patient’s chest, holding a pillow over his head. The nurse immediately yelled for help, and another nurse rushed to call 911. Hearing the yelling, the attacker ran out of the facility at 1800 SE Hillmoor Drive, Port St. Lucie. The victim was pronounced dead.
Port St. Lucie Police spokeswoman Sgt. Lisa Marie Carrasquillo said officers searched for the man, setting up a perimeter and using search dogs. The St. Lucie County Sheriff’s Office searched from the air, but the attacker is still at large. Unfortunately, investigators still don’t have a good description of the suspect. If anyone has any information related to this crime, please immediately call the Port St. Lucie Police Department at 772-871-5001 or Treasure Coast Crime Stoppers at 1-800-273-TIPS (8477).
Tiffany Hall Nursing & Rehab Center — Photographed by LOCG on January 13th 2020
Nursing Home Patients are Frequent Targets of Physical Abuse in Florida
Sadly, it is not uncommon for elderly or disabled patients to be injured or even killed in nursing homes, due to abuse or neglect. If security at the facility is neglected, anyone can walk in and make their way to a patient’s room. In some cases, staff members abuse or harm residents as well. Florida has nearly 700 nursing homes, and one study found that more than 75 percent of nursing home residents in the state report they have been neglected or witnessed another patient suffer abuse in their facilities. Common results of abuse include bedsores, falls, and wrongful death.
Another tragedy occurred in 2017, when eight nursing home residents died at The Rehabilitation Center at Hollywood Hills following Hurricane Irma and a subsequent loss of air conditioning. Although the center was belatedly evacuated, six more patients died in the following days. The Broward County Coroner ruled twelve of the deaths homicide.
Hurricane Irma made landfall on September 10, 2017. Although the Rehabilitation Center did not lose power, their air conditioning system shut down. Staff distributed portable fans and other cooling units, but the residents soon started to show signs of distress as temperatures skyrocketed inside.
After several days of intense heat in the building, more than 115 people were evacuated from the nursing home, some of them in critical condition. Three people were pronounced dead at the scene, another died during the evacuation, and four were pronounced dead at a hospital. The remaining six passed in the weeks after the evacuation. Days later, the facility’s license was suspended and it was closed down.
In 2019, four employees of the facility were charged in nine of the deaths. All four employees, including the facility’s former chief administrator and three nurses, are charged with aggravated manslaughter of an elderly or disabled person. Two employees are also charged with falsifying reports. The defendants’ attorneys claim they tried to get help for patients but state officials ignored their requests for help. However, investigators say the nursing home delayed evacuation for several days, although there was a functional hospital right across the street.
After the arrests were made, Hollywood Police Chief Chris O’Brien spoke at a press conference attended by several of the victims’ family members. “The families sitting here today should not have lost their loved once this way. They placed their faith and trust in the facility … and that trust was betrayed. They have been living an absolute nightmare.”
How Tiffany Hall Nursing and Rehab Center Performs in Regulatory Reviews
Tiffany Hall Nursing and Rehab Center in Port St. Lucie has received several deficiency reports since at least 2016, according to an analysis by ProPublica.org. There have been 18 documented deficiencies of care in inspection reports performed by the Department of Health & Human Services at the facility. The reports include deficiencies for food storage and preparation, pest control, bedsores prevention, and not keeping certain patient medications on hand.
In October of 2019, a inspection visit from AHCA, the Agency for Health Care Administration for the State of Florida filed a detailed deficiency report that concluded Tiffany Hall was in violation of an important rule that requires all employees to undergo extensive background screening, including the recording of fingerprints. A review of human resources records revealed that at least one employee was not listen on the HR Clearinghouse Roster, which is the list of screened and approved employees.
That employee, the report says, was already regularly working over 20 hours a week at the facility.
Tiffany Hall Nursing & Rehab Center — Photographed by LOCG on January 13, 2020
How to Ensure Your Family Members are Not Easy Targets for Abuse or Neglect As Patients in Nursing Homes
It’s recommended that people concerned about family members who live in nursing or rehabilitation facilities visit often, on an unpredictable schedule, and look out for warning signs of abuse, which may include:
Unexplained signs of injury, such as bruises, welts, or scars, especially if they appear symmetrically on two sides of the body
Broken bones, sprains, or dislocations
A report of drug overdose or an apparent failure to take medication regularly (a prescription has more remaining than it should)
Broken eyeglasses or frames
Signs of being restrained, such as rope marks on wrists
Caregiver’s refusal to allow you to see the elder alone
Zarell Crittenden, 27, of Jacksonville, was driving home from bible study at his church on New Year’s Day when a driver going the wrong way caused a fatal crash.
Florida Highway Patrol (FHP) officials say the crash happened around 9:50 PM on the Arlington Expressway. The traffic report states that Asea Hollingshed, 28, was driving a Volkswagen Passat westbound in the eastbound lane. The Passat struck a Ford Fusion, driven by Zarell Crittenden, who was going east in the eastbound lane. Following the collision, the Fusion rotated and struck a third car in the outside eastbound lane. Sadly, Crittendon was pronounced dead at the scene, while Hollingshed was taken to a local hospital for treatment. The driver of the third car was not injured.
Family members say Crittenden was a husband and father of three young children. He was the music engineer at Christian United Church, and was a graduate of Terry Parker High School.
According to Florida Highway Safety and Motor Vehicles (FLHSMV), wrong-way crashes are most likely to occur at night. Most of these crashes are head-on collisions, resulting in 81 percent of all wrong way fatalities. FLHSMV recommends drivers stay alert and pay attention to signs, and stay in the right lane as much as possible. If you see a wrong-way driver approaching, FLHSMV suggests you slow down, pull off the roadway, and call 911 to report the driver.
32-year-old Joshua Canady, considered a father figure by many in his West Palm Beach community, was shot and killed on Monday, June 17, outside the Royal Poinciana Place Apartments where he was riding his bicycle. The complex is located at 5500 Haverhill Road.
Canady’s sister, Elisa Canady, says she and other family and community members looked up to him as a father figure. She said he was a loyal protector who was always there for those who needed him.
In fact, Canady was on the phone with another of their siblings at the time of his shooting. She heard two gunshots, then the call ended. In a panic, she called Elisa Canady, who rushed to the scene. Sadly, Joshua Canady was already dead when she arrived, and Elisa Canady saw his feet sticking out from under the cover first responders had placed over his body.
“I didn’t have to see his face to know that that was him,” she said.
Unfortunately the area near the apartments has seen numerous homicides over the last decade, including the September killing of 24-year-old Angela McDuffie at that same complex where Canady was killed Monday. Not only was Joshua Canady a loyal protector for his own family, but he also helped raise McDuffie’s son after her death, Elisa Canady said. She also added that her brother hadn’t been the same since McDuffie was killed. Sadly their cousin, 35-year-old Joey Canady, was also shot last year at a party on Ninth Street, not far from the complex. Both cases remain open.
Elisa Canady says her brother had no enemies, and she’s perplexed by his death.
“He was cool with everybody. This is what I don’t understand,” she said.
If the apartment complex was unsecured with a gate and restricted access, allowing the shooter to easily gain access to the premises, there may be a personal injury liability claim the surviving family could make against the rental complex owners and management company for negligent security.
Anyone with information about Canady’s death is asked to contact the West Palm Beach Police Department at 561-822-1900, or Crime Stoppers of Palm Beach County at 800-458-TIPS (8477).
Sadly, this is not the first homicide at the apartment complex.
On Sunday morning, June 2, Volusia County Senior Deputy Frank Scofield, 58, was riding his bicycle in training for a memorial ride to honor 9/11 victims when a van ran a stop sign and hit him from behind. Sadly he later died of his injuries at a local hospital.
Scofield was wearing a helmet at the time of the accident, and was training with a retired police officer from Daytona Beach. They were riding on County Road 415, near Pioneer Trail, when 75-year-old Lajos Toth of Lake Helen ran a stop sign. Toth was driving a van, and collided with Scofield’s bike so hard that it was ripped in half, according to Sheriff Mike Chitwood.
“The impact was so incredible that it broke his bike in two and ripped his seat post off,” Chitwood said. He also told reporters that Toth was driving about 40 MPH, and the tragic accident caused Scofield a severe head injury he never recovered from.
A Navy veteran, Scofield began working for the Sheriff’s Department in 1995. He was a firearms instructor and member of the dive team and marine unit.
“When he shook your hand with those big hands of his, you knew he was your friend,” Chitwood said. “On the flip side of it, if you were breaking the law, you would also know he’s not the kind of guy you would want to come after you because he would come after you with everything that he had.”
Chitwood added that Scofield was devoted to his community. Mr. Scofield leaves behind a wife, three children, several grandchildren, a sister and many cousins. His family may have a wrongful death claim to pursue under Florida’s established negligence laws for lost wages, funeral expenses, and pain and suffering.
“He died doing what he loved,” Chitwood said. “He was passionate about doing the right thing and making a difference in this community – he was one of a kind.”
[vc_row][vc_column][vc_column_text]On Tuesday, June 11, students at Tampa’s Middleton High School were engaged in after-school football drills when 14-year-old Hezekiah Walters suddenly collapsed. Coaches quickly called 911, and he was taken to a local hospital, where he was sadly pronounced dead.
Walters collapsed about 30 minutes into an outdoor practice that included weightlifting and wind sprints. Medical examiners are still determining his cause of death, but heat stroke and exertion-related heart attacks caused 9 out of 13 football-related deaths in 2017.
“We are devastated by the death of one of our students,” said Tanya Arja, a spokesperson for the county’s public schools. “This student was an amazing young man who was loved by his friends, teachers and staff at school.”
It’s not clear from initial media reports whether an AED (automated external defibrillator) was deployed, or attempted to be deployed. AEDs are used to shock the heart when it is in defibrillation, or in other words, when it is in cardiac arrest and not beating properly. In Florida, all public schools are required to have an AED, and it’s a good safety precaution to have a mobile AED nearby any time students are exercising.
If the school did not have an AED, or if an AED was not retrieved or attempted to be used, or if the AED had malfunctioned, there may be a liability case against the school for wrongful death.
Florida Schools Need to “Get the Message”: Have an AED on Hand At All Times!
We have litigated dozens of cases against schools, hospitals, sporting facilities, and other public places for negligence in not having or not using an AED when a victim on premises suddenly succumbs to sudden cardiac arrest. The laws in Florida are nuanced, and this type of litigation is very difficult. That is why it is important to hire an experienced attorney in this area of law.
Experts say having an AED (defibrillator) on hand at athletic facilities can help save a life if an athlete experiences a sudden cardiac arrest, as paramedics may not arrive in time.[/vc_column_text][/vc_column][/vc_row]
In May, 46-year-old HART bus driver Thomas Dunn was stabbed to death by a passenger on his bus. Graphic surveillance camera footage shows the tragic stabbing, after which the suspect left the bus. 35-year-old Justin McGriff was arrested shortly after the incident, initially on charges of resisting arrest without violence. After officers gathered evidence in the stabbing, McGriff was charged with first-degree murder. Dunn died at the scene of his injuries.
One witness reported that he saw the assailant stab Dunn multiple times, as well as slashing his throat. In spite of his severe injuries, Dunn managed to pull the bus over safely.
Dunn was an Air Force veteran and former long-haul truck driver, who reportedly chose a busy route because he loved people.
“He loved people, and that’s one of our heaviest routes with the most people,” said Tisha Jones, a friend and fellow bus driver. “He was very thoughtful about the passengers he carried, he was thoughtful about the employees he worked with, and he loved his children. That’s all he would talk about, his children.”
Since Dunn’s death, coworkers and other bus drivers in the Tampa Bay area have called for improved safety standards for drivers and other transit workers. It was revealed that five months before his death, Dunn complained to the HART board about a separate incident that occurred on his bus, saying he feared for his safety.
“It seems to me admin is taking care of admin and not taking care of the folks at the wheel that actually make this company work,” he told board members at the time.
Dunn’s father, Mike Dunn, said he felt mad that his son had inadequate protection at work. “Mad because he knew something like that was going to happen and they did nothing, and it happened,” he said. “They’ve got a lot of egg on their face. I don’t know what the solution is but that route he had, I think, was particularly dangerous, and they should have a guard on that bus.”
The bus Dunn was killed on did not have a safety partition between the driver and passengers for protection. The day the State’s Attorney released photos of attack, Pinellas Suncoast Transit Authority and the Service Employee International Union agreed to install safety barriers for all 210 PSTA buses.
There is a lesson in this awful tragedy for the Hillsborough Area Regional Transit Authority, the operator of the multi-county public transit system, and that is: Safety should always come first. This senseless crime and loss could have been avoided had the adequate safety precautions been put in place to protect the employees of HART.
Now, the family of Mr. Dunn may have a substantial wrongful death claim against HART and the operators of the transit authority for negligent security for failing to provide and maintain basic safety standards to protect the lives of the bus operators. This is an area of law we are particularly proficient in.
