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Medical malpractice cases are not only emotionally and physically overwhelming, they can also be legally complex and time consuming claims. If you believe that you have been the victim of medical malpractice, you need to consult a seasoned Miami medical malpractice attorney immediately. At the Law Offices of Robert Dixon, we are devoted to resolving our clients’ claims in a fair and efficient manner.

The Lawsuit and Trial Court’s Ruling

In National Deaf Academy, LLC v. Townes, a female child was enrolled in the National Deaf Academy (NDA) to get help with behavioral problems. One day, the girl had an outburst. She was asked to stop but she refused and had to be restrained. Several NDA members, including two nurses, performed the restrain, which led to the child suffering a very serious knee injury. Ultimately, the young girl had to go through an amputation above the knee because of the injury. The girl’s family sued NDA for ordinary negligence.

NDA filed a motion for summary judgment stating that the claim was a medical malpractice claim and, therefore, Florida’s statutory pre-suit requirements had not been met. The trial court granted the defendant’s summary judgment and dismissed the lawsuit.

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Tire blowout accidents are sudden and can result in serious, even lifelong injuries. If you have sustained an injury in a motor vehicle caused by a tire blowout or a defective tire, it is vital to speak to a trusted and hard-working Miami car accident attorney who can assist you. At the Law Offices of Robert Dixon, we will work diligently to get you get the compensation you are lawfully owed. We are here to answer your questions and address your concerns throughout the entire legal process.

A 43-year-old man was killed in a single vehicle crash on northbound I-75 last week when his tire blew out causing the vehicle to flip over. According to the Florida Highway Patrol, the driver of the car lost control of the vehicle when the tire blew out. The car veered off the road into the shoulder and the driver over-corrected back across the road at which point the vehicle rotated and then overturned. The car came to a final rest blocking northbound lanes of the highway, which had to be shut down for some time. Sadly, the driver suffered deadly injuries at the scene of the accident.

Tire blowouts are one of the top causes of car accidents. These crashes can have a number of causes such as:

  • Drop or increase in air pressure
  • A large cut in the tire;
  • Overloading your automobile
  • Mismatched tires
  • Balding tires

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Texting behind the wheel can lead to serious, even deadly accidents. If you have been hurt in a car accident caused by another driver who was texting while driving, you may be able to obtain compensation for your injuries through a lawsuit. At the Law Offices of Robert Dixon, our highly skilled Miami distracted driving attorneys can help you understand your rights and provide guidance about your next steps.

States that prohibit texting while driving witnessed an average 4 percent reduction in emergency room (ER) visits after auto accidents, which translates to 1,632 traffic-related emergency room visits per year according to a new study published in the American Journal of Public Health. Researchers analyzed emergency department data from 16 states between the years of 2007 and 2014. The states were chosen based on how readily available information was pertaining to auto accident injuries for which ER treatment was needed.

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Given Florida’s weather and proximity to the water, it’s no surprise that boating is a popular activity in the state. While it is undoubtedly fun, there are also many risks and dangers associated with watercraft. If you have been injured in a boating accident, you need to contact a seasoned Miami boat accident lawyer who can help. At the Law Offices of Robert Dixon, we know how to navigate this complex area of law.

A 52-year-old woman was fatally injured in a boating accident on Fort Myers beach earlier this month. At the time of the incident, the boat got caught on a sandbar near a resort. According to the Florida Fish and Wildlife Conversation Commission’s (FWC) information, the pilot put all three of the craft’s motors in gear and tilted them up in an attempt to free the boat and the victim fell into the propellers suffering a deadly injury. Witnesses said that they saw the victim get sucked under the boat before seeing the woman’s body floating in the water. The FWC said earlier that an alcohol-related arrest would take place in the case but it has not happened yet. The accident remains under investigation.

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If you have been injured or you have recently lost a loved one in a pedestrian accident caused by someone else’s carelessness or wrongdoing, you can potentially sue the at-fault party. At the Law Offices of Robert Dixon, our highly skilled Miami pedestrian accident attorneys understand the specifics of Florida personal injury law and can use our experience to your advantage. The law firm you choose can make all the difference in your case.

The Report

Sadly, Florida has long been ranked one of the worst states for pedestrians and the situation does not seem to be improving. A recent Dangerous by Design report created by Smart Growth America and the National Complete Streets Coalition revealed that Florida ranked number one on a list of the most dangerous states for walking in the country for 2019. Between 2008 and 2017, there were 5,433 pedestrian deaths with an average of 2.73 annual pedestrian fatalities per 100,000. In addition, the report revealed that 8 out of the 10 most fatal metro areas for pedestrians were located in Florida.

Across the country, pedestrian deaths rose by almost 36 percent between 2008 and 2017, according to the report. In fact, almost 50,000 people died in pedestrian accidents over the course of the decade. This translates to over 13 pedestrian deaths a day and, unfortunately, the problem is getting worse. The report says that part of the problem is that our streets are designed for the movement of motor vehicles, not pedestrians, and legal policies and standards still construct roads that prioritize high-speed vehicles as opposed to safety for everyone on the road.

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If you have been injured in a car accident, you need a skilled legal advocate on your side. At the Law Offices of Robert Dixon, our reputable Miami auto accident attorneys thoroughly understand the nuances of Florida personal injury law, including the process of obtaining evidence from the other parties in the case.

Dade Truss Co. v. Beaty

In a recent case, a Florida appeals court held that a defendant could not improperly avoid discovery based on untrue claims of privilege. In July of 2016, the plaintiffs got into a motor vehicle accident with the defendant, who was driving a tractor-trailer owned by his employer. In September 2016, the plaintiffs filed a personal injury lawsuit against the defendant, shortly after which began the process of discovery. During the process, the defendants noted a private investigator as a fact witness. The private investigator was subpoenaed for a deposition and he was requested to bring all documents relevant to his investigation of the plaintiff. When the deposition ended, the plaintiff’s lawyer stated that the private investigator would give his opinions on a future date.

The plaintiffs then made a request for production, which is a legal request for documents related to the case made to the opposing party. Specifically, the plaintiffs sought documents that showed the private investigator’s insights and observations. The defendants objected citing work product privilege and removing the private investigator from the witness list. The trial court overruled the defendant’s objection. In addition, defendants objected to other requests for production citing work product privilege for some and general objections to the others. However, the defendants did not file a privilege log identifying the documents they claimed to be privileged. As such, the trial court overruled the objections and ordered document production within ten days. The defendants filed a certiorari petition.

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Being involved in a car accident is difficult enough and it can be even worse knowing the accident was the result of a flaw in the car you thought was safe to drive. If you or a loved one has been in an auto accident that you believe was caused by a defect in the vehicle, you may have grounds to sue the manufacturer. At the Law Offices of Robert Dixon, our highly skilled Miami products liability attorneys are committed to getting our clients the monetary damages they deserve.

A Tesla driver was killed when his vehicle burst into flames in Davie last week. According to police, the Tesla repeatedly caught fire after being brought to the tow yard. For some unknown reasons, the car swerved through three lanes of traffic, struck a median and some trees before catching fire. By the time an officer arrived at the scene, the Tesla Model S was engulfed in flames, burning the driver’s body beyond recognition. The Tesla was traveling at an estimated speed of between 75 mph and 90 mph according to eyewitness reports. The posted speed limit is 50 mph. It is unclear whether the crash was a result of a technical flaw in the car or because the driver experienced a health problem right before losing control of the car.

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Property owners have a responsibility to ensure that property under their control is in safe conditions and free from hazards that could cause injury to those to who visit the premises. If you or a person you know has sustained an injury in a slip and fall mishap on another’s property, you could be eligible to recover monetary damages. At the Law Offices of Robert Dixon, our seasoned Miami premises liability lawyers are committed to getting clients the compensation they deserve for their harm.

Florida Court Addresses Issue of ‘Open and Obvious” Danger in Recent Case

In a recent premises liability case, the 5th DCA discussed whether a plaintiff’s case should be able to move toward trial even though the hazard instigating her fall was open and obvious. In Middleton v. Don Asher & Associates, a fifteen-year resident of a condominium complex tripped on an uneven sidewalk in the community. She used that path routinely during her time as a resident there. As a result of the fall, the woman suffered serious injuries and sued the condominium association as well as its property manager.

At trial, the condominium association claimed that the uneven sidewalk was an open and obvious danger, which is why the plaintiff was not entitled to compensation for her injuries. The trial court agreed and granted the defendant’s motion for summary judgment, explaining that the uneven sidewalk was, as a matter of law, an open and obvious danger.

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Sadly, car accidents happen on a daily basis in Florida and throughout the country. If you have been seriously hurt or someone you know has died in a car accident, you may be able to recover compensation from the at-fault party. While no sum of money can take away the pain you have suffered, it can help pay for the bills that suddenly pile up after an accident. At the Law Offices of Robert Dixon, our seasoned Miami car accident attorneys know how to preserve evidence and build the strongest case possible on your behalf.

Calhoune v. Ford Motor Company et al

In cases where an accident is allegedly caused by a design or manufacturing defect, the car itself can be critical evidence in establishing fault. Following an accident, the plaintiff often has an obligation to preserve the vehicle so that the opposing party can properly inspect it. Failure to preserve the car could potentially negatively impact the plaintiff’s case. In Calhoune v. Ford Motor Company et al, a Florida court recently discussed when an adverse inference instruction against the plaintiff for not preserving a vehicle that supposedly had a design or manufacturing defect is appropriate.

In this case, the plaintiff was driving his Ford Mustang GT on an interstate when he swerved to avoid hitting a vehicle that made an improper lane change and lost control of his car, which ultimately flipped over and landed on its roof. The plaintiff sustained such severe injuries that his left arm had to be amputated. The plaintiff’s insurance company determined that the Mustang was a total loss, which led to the plaintiff transferring the title of the car to the insurance company. Neither party preserved the car.

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Depending on the severity, car crashes can be devastating. If you have been injured in a car wreck, you could potentially recover a variety of damages, such as medical bills, lost wages, pain and suffering, property damage and more. At the Law Offices of Robert Dixon, our highly skilled Miami car accident attorneys are committed to fighting for the rights of South Florida clients. When you hire us, you can rest assured that we will handle the legal details so you can focus on healing.

The Case

In Seminole Lakes Homeowner’s Association (HOA) v. Esnard, the court held that a HOA that creates conditions that lead to an accident does not necessarily mean the HOA will be liable for the accident when the condition created by the HOA did not directly lead to the accident.

In the case at hand, when facing a serious parking problem, the HOA allowed on-street parking, even though restrictive covenants required otherwise. The municipal code prohibited on-street parking that could interfere with the flow of traffic. Permitting on-street parking prevented two cars from traveling between vehicles parked on either side of the street.

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