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Articles Tagged with florida-injury-attorney

A federal lawsuit filed against Mexican fast-food chain Chipotle by its shareholders alleges that company leaders failed in their response to a series of food-borne illness outbreaks that sickened customers across the country. This lawsuit was filed by shareholders who accuse the top company brass of unjust enrichment while making a series of missteps. The company’s two co-CEOs earned $14 million each last year. They and eight other executives are named in the lawsuit, according to The Denver Post.foodplate

Although this particular lawsuit focuses on the alleged business failures of the firm and its leaders – not the 500-plus people who were actually sickened in these E. Coli outbreaks – the filing does shed light on the company’s reportedly poor food safety procedures and lacking response once serious problems were exposed. The company’s stock lost nearly half of its value from the time the outbreaks become public in August 2015 (when shares were at $757) to just last week (when shares were at $395). In addition to seeking monetary damages for shareholders, plaintiffs are demanding better internal policies that will ensure the company complies with food safety laws in the future.

The company operates nearly 2,000 restaurants in the U.S. and has more than a dozen abroad. The company last year and into this year was embroiled in a food safety scandal after hundreds of people got sick. One of those cases, referenced in this lawsuit, was a norovirus outbreak in Washington state. The company has never publicly acknowledged that particular outbreak, in which it is alleged a supervisor ordered a sick worker to come in to work – even though she was sick – unless she could find a replacement. The worker spent four hours on the clock, vomiting. This, a state health inspector later noted, was “the smoking gun” in the outbreak that ensued, causing at least 234 people who dined at the restaurant to become sick with acute gastrointestinal illness. Continue reading

The man at the helm in the deadliest hot air balloon crash in U.S. history reportedly had at least four drunk driving convictions and had reportedly done two stints in prison, according to public records. hotairballoon6

Whether those facts had anything to do with the horrific crash remains under investigation.

Texas authorities and federal regulators with the National Transportation Safety Board (NTSB) report all 16 people aboard were killed, including the pilot, Alfred  Nichols. It appears the balloon struck a live power line, caught fire and burst into flames. Continue reading

Baltimore Ravens Cornerback Tray Walker, 23, has died of injuries sustained in a Miami motorbike accident. He lived for 24 hours after the collision with a sport utility vehicle at the two-way stop intersection of Northwest 75th Street and Northwest 24th Avenue. However, the swelling and damage to his brain was too severe to overcome. motocross

Family members, along with NFL coaches, teammates and fans, are reeling at the news. At the site of the crash, fans laid out a series of candles in the team’s colors – purple, black, white and gold – in the shape of Walker’s initials.

As for the cause of the car accident, detectives with Miami-Dade said it was too early to say definitively as the investigation is still underway. The crash occurred shortly before 8 p.m., and Walker was donned in dark clothing. His bike also did not have headlights and he was not wearing a helmet (though there is no requirement in Florida that he do so).  Continue reading

With the spring semester well underway, college students throughout South Florida are busy lining up their summer internships. carpentrystudent

While internships can be extremely valuable to one’s fledgling career, those new to their respective professions may be at higher risk for injuries.The question of injury compensation in these instances can be a complex one, and it will depend heavily on how the worker is classified within the company.

Florida workers’ compensation laws, for example, do not use the term, “intern.” Student workers might be classified as “trainees” or “volunteers,” especially if they aren’t paid. In those cases, it may be possible to file a lawsuit directly against the company that offered the internship for negligence. However, if the internship is paid and the worker is considered an “employee,” he or she may instead be entitled to workers’ compensation benefits – just like any other employee. There may be some instances in which third-party litigation is appropriate.

Although jurors in a trip-and-fall negligence lawsuit had found in favor of the plaintiff in Christakis v. Terrace, the Broward County trial judge granted defense a judgment notwithstanding verdict. That means in spite of what the jury said, the judge believed the evidence did not support the verdict. stairs

It’s a decision that many appeals courts carefully scrutinize, given the weight courts tend to place on the conclusions of juries. This case was no different.

Although exact details of the case aren’t offered in the two-page per curium opinion drafted by Florida’s Fourth District Court of Appeals, we do know the primary issue was the fact that plaintiff had been unable to say exactly what caused her fall, though she presented evidence that it was likely a defect in the staircase. 

When workers in the state of Florida are injured on-the-job, they typically have two options: File for workers’ compensation and/or file a lawsuit against third parties who may be liable.tornado

These are not mutually exclusive options, but it is true that if your employer carried workers’ compensation and your injury occurred in the course and scope of employment, you can’t sue your employer. There are very rare exceptions, but generally, this is the rule. It’s referred to as exclusive remedy.

Where the waters begin to muddy is when questions arise regarding who is an employer and how do we define an employee. The answers to these questions are sometimes not so straightforward as they may seem. In the case of Slora v. Sun ‘N Fly-In, Inc., plaintiff was injured while working security at an air show. There was no doubt she was working at the time of her injury, and her employer was the security company. However, when she sought damages from the operation that organized the event – defendant in this case – defense asserted that it was a contractual employer, and thus entitled to immunity.

Fire alarm panels in apartment and condominium complexes are considered the “brains” of the alarm system, which not only releases an audible warning to residents of fire, but notifies the fire department of the need to respond. firealarm1

These systems often contain copper wiring, making them an attractive, easy target for thieves. Alternatively, they can be resold whole to dealers. That’s reportedly what happened recently in South Florida.

Authorities in Hollywood have arrested a 38-year-old alarm technician on more than 100 counts of grand theft, burglary and preventing or obstructing extinguishment of a fire after they allege he stole hundreds of thousands of dollars worth of alarm systems (about 150 in all). In so doing, authorities say he has jeopardized the safety of thousands of residents of South Florida condo and apartment complexes.

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