Articles Tagged with west-palm-beach-injury

American users of smartphones (which is almost everyone at this point) are rarely without these devices. According to Mashable Tech, the average person spends about three hours daily socializing on social network applications on their mobile devices – which is more than twice the amount of time they spend eating. Indeed, every passing thought – even mundane life experiences – have become the subject of user engagement on Facebook, Twitter, Snapchat and others. So it’s not at all surprising that jurors are tempted to post about the experience as it’s happening. After all, they do it with every other element in life. iphone1

The problem is that it can conflict with the constitutional right of parties in a lawsuit or criminal case to receive a trial by a jury that is both fair and impartial. Part of that means only considering the evidence presented to them in court. But when social media feedback and information on the case is readily available at their fingertips, some jurors find the temptation too much to avoid. The U.S. Supreme Court held in the 1982 case of Smith v. Phillips that it’s virtually impossible to shield jurors from every possible influence or contact that could theoretically affect their vote. Still, prejudicial influences and occurrences need to be prevented whenever possible. When they do occur, courts need to carefully examine the effect on the case and whether either party was deprived of fair proceedings as a result, which could be grounds for a new trial.

Florida’s Fourth District Court of Appeal recently grappled with this very issue in Murphy v. Roth, a personal injury lawsuit filed after a car accident involving plaintiff and defendant.  Continue reading

The South Carolina Supreme Court has ordered a new trial in the case of Stephens v. CSX Transportation, where the grandfather of a 12-year-old girl who suffered severe and permanent brain injuries in a train accident is suing the railroad company. tracks1

Her mother was behind the wheel at the time the train collided with the vehicle, wherein teen was a rear seat passenger. It would later be revealed the mother was under the influence of alcohol, cough syrup and a muscle relaxer.

However, mother insists she wasn’t intoxicated. Although she stopped at the “stop line” prior to crossing the tracks, she said she neither heard nor saw the train before proceeding. There was no gate or flashing lights at this particular crossing. As she started to cross the tracks, that was the first mother saw of the train. She tried to accelerate off the tracks, but it was too late. She and her boyfriend, a front seat passenger, were seriously injured, but not as badly as her daughter, who will suffer severe cognitive, behavioral and physical disabilities the rest of her life as a result.

Thrill seekers in Florida are increasingly searching for opportunities to get on a “zipline,” which is an inclined rope or cable with a suspended pulley, handle or harness down which a person slides. A search for ziplines in Florida reveals dozens of locations throughout the state from Tallahassee to Tampa.zipline

Now, a new study conducted by researchers with Nationwide Children’s Hospital in Columbus, Ohio have learned the number of zipline injuries has spiked by more than 50 percent just from 2009 to 2012. What’s more, children under the age of 9 account for 45 percent of these injuries.

Also startling was the severity of these injuries. We’re not talking minor cuts and abrasions. Study authors learned that 50 percent involved fractures or broken bones. One in 10 of those injures had to be admitted to the hospital with serious injuries.