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
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.”
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.
On Thursday, April 25, Miami resident Armas Gallego died after his SUV collided with an 18-wheeler, got stuck under the truck, and was dragged without the truck driver even realizing a collision occurred.
Gallego was driving a 2013 Nissan Rogue northbound on U.S. 27 around 5:51 in the morning. He was at Pines Road in Pembroke Pines when the 2012 Freightliner truck turned into the intersection. The Nissan struck the Freightliner and became stuck under the trailer. Unaware of the collision, the truck’s driver complete the turn and headed south. The truck was south of Pembroke Road in Miramar before the driver realized there was another vehicle stuck under the truck.
Pembroke Pines Police responded to the accident, and Gallego was pronounced dead at the scene, says Sgt. John Baker.
Two people are dead after a “chain reaction” crash on I-295 in Jacksonville, FL, Thursday night.
State troopers say that around 10:40 PM, a motorcyclist, Emmanuel Luis Carmona, died after running into the back of a semi-truck. A second collision happened about two minutes later when Thomas Evans, 30, stopped his car and got out following the motorcycle accident. The driver of a Toyota Camry tried to avoid hitting the wrecked motorcycle and struck Evans. Both Evans and Carmona died at the scene. Neither driver was injured.
If there was negligence on the part of one of the drivers or the auto manufacturer, Evans’ family may have grounds to move forward with a civil Wrongful Death case.
The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.
If you know a surviving family member of a person who was killed in an auto crash, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.
Early Friday morning, May 17, 22-year-old Nicolas Reid was killed in a tragic wrong-way car crash on I-95 near University Boulevard.
Reid was a passenger in a Nissan Altima driven by 19-year-old Haven Vaughn. Florida Highway Patrol says the Nissan was traveling south in the left, northbound lane of I-95 when it struck a northbound Dodge Avenger. Vaughn and the driver of the Dodge, a 24-year-old man from Jacksonville, suffered only minor injuries. Reid, who was not wearing a seatbelt, died in the crash.
Reid was the father of a 4-year-old daughter. His family members say he was a devoted father, a talented landscaper, and loved to fish.
FHP says charges are pending in the accident. Meanwhile, wrong-way crashes are sadly not uncommon on Florida interstates. In 2015, there were 71 wrong-way crashes in Duval County alone, two of them fatal. The Florida Department of Transportation (FDOT) recently finished a $1.3 million project to improve wrong-way signage and pavement markings.
“The signage includes more reflective tape on the wrong-way signs,” explained FDOT spokesperson Hampton Ray. “You may not think that it’s a fancy upgrade, but typically these occurrences happen at night and we want to make sure it’s as visible as possible and the drivers know when they are taking the wrong way.”
FDOT adds that improvements were made to roughly 200 interstates and state roads, reminding drivers that if they see someone traveling the wrong way to pull over to a safe location and call 911.
Troopers said they were working to figure out how Vaughn ended up driving the wrong way on the interstate despite concrete barriers. If there was negligence on the part of Vaughn or FDOT, Reid’s family could have cause for a wrongful death lawsuit.
What: Press Conference with the Family of Nicholas Immesberger
When: Tuesday, May 14th, 2019 at 10:00 a.m.
Where: 1800 S Australian Ave, Suite 400, West Palm Beach, FL 33409
Who: The Law Offices of Craig Goldenfarb, P.A.
Contact: Local Media – Contact Tom Copeland (561-601-5036; tcopeland at 800goldlaw.com); National Media and Interview Requests – Contact Glen Calder (561-635-8422; gcalder@pinnacleadgroup.com)
Press Conference with lawyers and families scheduled for 10:00 a.m. on Tuesday, May 14th 2019 in West Palm Beach, Florida.
West Palm Beach, FL – May 13th 2019 – The family of 24-year old Nicholas Immesberger has filed a wrongful death lawsuit against Tiger Woods, Mr. Wood’s girlfriend and restaurant manager Erica Herman, and The Woods Restaurant in Jupiter, FL, for over-serving alcohol to Mr. Immesberger on the afternoon of December 10th, 2018, leading the young man to become severely intoxicated, and then allowing him to drive home.
Mr. Immesberger subsequently crashed his vehicle in Martin County, and was pronounced dead at the scene. His blood alcohol level at the time of the crash was 0.256, more than three times the legal limit.
Mr. Immesberger was a bartender at The Woods, and this litigation will prove that the Defendants not only were aware of his alcoholism, but that the employees, staff, and owners of the restaurant knowingly fueled his addition by regularly over-serving him during and after his work shifts.
The attorneys representing the family of Nicholas Immesberger, Katherine “Katie” Belowsky (mother) and Scott Duchene (father), Craig M. Goldenfarb, Esq. and Spencer T. Kuvin, Esq. of the Law Offices of Craig Goldenfarb, P.A. will be holding a press conference tomorrow, Tuesday May 14th 2019 at 10:00 a.m. at their offices in West Palm Beach to discuss the lawsuit.
[vc_row][vc_column][vc_video link=”https://youtu.be/CwAg-CdMgKs” title=”We Represent Shooting Victims at Palm Grove Apartment Complex”][vc_column_text]A double homicide occurred at the Palm Groves Apartments in West Palm Beach on Saturday, April 27. The apartment complex is located on North Australian Ave. Two men were killed in the attack, which may have been prevented had the owners of the apartment complex instituted better safety and security precautions on the premises.
The victims have been identified as Bernard Jones and Alan Bernard Newman, aged 26 and 41, respectively. A third victim was injured and remains in the hospital. This victim has not been identified. One man has been arrested in connection, but there may be additional perpetrator(s) still on the loose.
The Law Offices of Craig Goldenfarb, P.A. has sued Palm Grove Apartments before for insufficient security at their apartment complex.
Our law firm is experienced in a particular area of law referred to as negligent security. This particular area of law deals with negligence claims against the owner(s) of properties on which an injury or death occurs that may have been prevented had the owner taken the reasonable precautions to prevent such tragic events.
The entrance to the Palm Grove Apartment Complex, offering no security gate.
We are currently handling two separate cases involving earlier shootings against this very apartment complex, Palm Grove. There is a trend of serious gun violence occurring at this complex, and to the extent required by Florida Law, the owner of this complex is responsible for providing a reasonable minimum level of safety and security to their grounds and for their tenants. When shootings like this that take the lives of these two men, Mr. Jones and Mr. Newman, the corporate owners of the complex may be held responsible in civil court for their negligence.
The northwest exit gate of the Palm Grove Apartment Complex is locked shut.
That means that the families can be compensated for their loss from the apartment complex’s liability insurance company.
Call our law firm today if you or someone you know has been shot or killed at the Palm Grove Apartment Complex in West Palm Beach at 561-444-4440.
Original Post: West Palm Beach Police responded to reports of a shooting near the apartment complex around 8 P.M. on Saturday. The incident took place on North Australian Avenue, south of 25th Street. Two men were pronounced dead and a third shooting victim was taken to the hospital for treatment.
Police say one suspect is in custody, and they are searching for others who may have been involved in the shooting. Anyone with information on the shooting is urged to contact the West Palm Beach Police Department.
The entry to the front of the Palm Grove Apartment Complex has a key card pad, but no gate.
