Judge Upholds Many Claims in Atlas Shingles Problems Class Action

Author: Cynthia Diaz Shephard/Thu, Jun 19, 2014/Categories: News & Articles

A Georgia federal judge recently removed some claims against Atlas Roofing Corporation in a proposed class action. Breach of warranty and other claims were retained.

The proposed Atlas Roofing class action alleged that the company manufactured defective Atlas roofing shingles. U.S. District Judge Thomas W. Thrash Jr. dismissed allegations involving strict liability and negligence finding that those bringing the lawsuit did not sufficiently assert an economic loss from their purchase of Atlas Roofing’s Chalet Shingles. This is mandated under South Carolina law when bringing a product liability tort and attempting to prove strict liability or negligence, Law360 reported.

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Car Crashes into Florida Church During Easter Service

Author: Cynthia Diaz Shephard/Tue, Apr 22, 2014/Categories: Accidents

A car crashed through the wall of a church in Fort Myers, Florida, during Easter Sunday services, injuring about two dozen people, police said.                                                                      

Nearly 200 people were attending the service at the Second Haitian Baptist Church when, at about 8 p.m., a Lexus sedan plowed into the building, CNN reports. The driver of the car told police her brakes failed as she entered the church parking lot.

 

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Cruise-Ship Pool Safety in Question

Author: Cynthia Diaz Shephard/Fri, Mar 21, 2014/Categories: Accidents

Deaths and serious injuries associated with cruise line swimming pools have brought attention to cruise ship swimming safety.

 

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After a Crash on Florida’s Turnpike, A Driver Was Killed By A Third Vehicle In Tamarac

Author: Cynthia Diaz Shephard/Tue, Feb 18, 2014/Categories: Accidents

The driver of a pick-up truck that collided with another vehicle this weekend was killed when a third vehicle ran him down as he was inspecting his truck’s damage, according to deputies.

The Douglas County man’s wife and their 18-year-old son witnessed the scene from inside their gray Nissan as the man was struck at 5:20 Sunday morning, according to The Sun-Sentinel. The second accident occurred on West Commercial Boulevard in Tamarac, said Broward Sheriff’s Office spokeswoman, Dani Moschella. “It had to be horrific,” she said.

John W. Jenkins, 58,  of Villa Rica, Georgia, was killed said investigators, as he and his family were returning home following a weekend away in South Florida, Moschella explained. The driver who struck Jenkins remained at the scene and was identified as Jerson R. Paul, 32, of Tamarac; he was driving a Dodge Ram. Meanwhile, according to The Sun Sentinel, the person involved in the first collision fled the scene.

A few hours following the Commercial Boulevard crash, which occurred at the entrance to Florida’s Turnpike, investigators announced that they located the hit-and-run vehicle with the help of video from the turnpike, The Sun-Sentinel reported. The vehicle involved in the initial crash is a model year, 2007 dark-blue Chevy Avalanche, which was located after 1:30 p.m. Sunday. The airbags had been deployed in the damaged truck that was partially concealed in a parking spot at an apartment building located at 313 SW First Court in Pompano Beach.

Paramedics from the Tamarac fire station transported Jenkins to Broward Health Medical Center. The Tamarac fire station is just a few yards away from the crash scene; Moschella said they heard the crash and ran over to help. Sadly, Jenkins was pronounced dead at the Fort Lauderdale hospital, according to Moschella, The Sun-Sentinel reported.

Debris from the crash was strewn over a broad area of the intersection, blocking westbound traffic on Commercial Boulevard and the exits from Commercial to the Florida Turnpike for more than five hours, according to The Sun-Sentinel. Jenkins’ sneakers and cellphone were found next to Jenkins’ damaged truck, said Moschella, as well as a large pool of blood.

Investigators were working on locating the Avalanche driver that hit Jenkins’ truck, Moschella said. Deputies appealed to the driver who fled. “He knows he’s not responsible for that fatality, but he left the scene,” Moschella said, according to The Sun-Sentinel. As of recent reports, investigator had not yet identified the driver, The Atlanta Journal-Constitution reported.

“I was on the phone with the 911 operator, had just stepped away from my husband when I hear my son screaming, ‘Dad, Dad,’” Shirley Jenkins said, according to The Atlanta Journal-Constitution. “I said, ‘Oh, my God, someone just killed my husband.’ I couldn’t believe it.” Mrs. Jenkins said that her husband was killed on their son’s 18th birthday.

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Routine, Cosmetic Surgery Leaves Florida Mom Severely Brain Damaged

Author: Cynthia Diaz Shephard/Wed, Feb 05, 2014/Categories: Accidents

A young, attractive woman of 18, a mother of a young son, was left in a coma and unable to walk, talk, and feed herself after undergoing a routine breast augmentation at a Miami, Florida clinic.

Linda Perez is described as being “fun loving” and “spirited” according to The New York Daily News and is now skeletal after suffering significant damage after her surgery last August. Linda remained in a coma for three months and is, according to reports, unrecognizable from her former self.

“She goes into depression and crying,” her mother, Mariela Diaz, told the Miami Herald. Linda barely speaks and is under 24-hour nursing care. “She sees that she cannot walk, and when she realizes what happened to her she cries,” her mom added.

Linda went in for breast augmentation surgery on August 12, 2013 at the Coral Gables Cosmetic Center. She paid a discounted price of $2,100, according to The NY Daily News. One hour after surgery, Linda experienced complications and lapsed into a coma from which she awoke in October. Her attorney explains that, although Linda is no longer in a vegetative state, she is unable to eat, bathe, or use the bathroom on her own; she requires 24 hour care, he told The NY Daily News. She can no longer care for her young son and her mother describes her condition as that of an infant.

The attorney says that the clinic is at fault and that a typically healthy 18-year-old should not end up in a vegetative state after undergoing a routine surgical procedure. An attorney for the Center argues that some potential, prior medical issue with Linda may have been present over which she was not forthcoming, according to The NY Daily News. The coma left Linda Perez with complications that damaged her brain and heart.

Her surgeon, Dr. Jacob Freiman, indicated that the problems Perez underwent were similar to those she experienced in childbirth, citing these details to one of Perez’s physicians. “They put a spinal anesthetic, and she needed to be intubated,” the report revealed, concerning her post-labor, which was obtained by the Herald. The doctor alleges that Perez hid this information so that she could continue with the reconstruction.

Perez’s attorney says this is “hogwash” and that the medical records obtained when Perez gave birth to her son revealed that she underwent an epidural needing no anesthesia and that allegations that she suffered an adverse reaction to anesthesia were concocted by the cosmetic center’s attorney in an effort to blame the victim and mitigate gross negligence, according to The NY Daily News.

Although records indicate that Freiman is certified by the American Board of Plastic Surgery and has no history of malpractice complaints, the anesthesiologist involved, Dr. Mario Alverto Diaz, does have a history. In 2006, Dr. Diaz was sentenced to 30 months in prison and two years’ probation when he was found to have illegally sold drugs online in Iowa. The anesthesiologist was also a defendant in a medical malpractice case involving the death of a 35-year-old patient following buttock augmentation, according to the Herald. Dr. Diaz is no longer working at the center, although his license remains active.

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