Miami Injury Lawyer Blawg

John Goodman struck and killed 23 year old Scott Wilson in a Feb. 12, 2010 car accident. Blood tests taken hours after the crash found that Goodman's blood alcohol content was 0.177 percent, more than twice the legal limit in Florida to be considered driving while intoxicated. Blood tests did not find any alcohol or illegal drugs in Wilson's system.

Wilson's parents are suing Goodman for wrongful death in connection with the crash. Goodman raised as affirmative defense that Scott Wilson was at fault in causing the crash. However, Goodman has refused to give a reason why Wilson might be to blame, citing his Fifth Amendment right to not make statements that could be used to incriminate him at a criminal trial. Goodman has been charged with DUI manslaughter, vehicular homicide and leaving the scene of a crash in connection with Wilson's death.

Jason Schultz of the Palm Beach Post reported that Circuit Judge Glenn Kelly ruled that Goodman could continue to pursue that liability defense for now. But Kelley said that unless he gives a reason why Wilson is supposedly to blame the judge would probably invalidate it at trial.

"I think it's premature to strike the affirmative defense," Kelley said.

Jason Schultz reported that Goodman's attorney in the civil suit, Dan Bachi, said the defense it still gathering evidence and pleading its defenses. If after discovery there is not evidence of Wilson's liability that defense might be dropped.

Continue reading "Palm Beach Polo Mogul John Goodman Alleges Crash Victim at Fault" »

Hours after being admitted to Baptist Hospital with a diagnosis of strep throat, Samantha Trebbi died. This is an unthinkable tragedy and my condolences go out to The Trebbi family.

In an article published in the Miami Herald on October 15, 2010, the Trebbi's lawyer said the family was awaiting autopsy results to see whether anyone could have helped Samantha.

Baptist Hospital was quoted in the same article as saying that "the doctors and nurses responded appropriately to her condition, which at the time of her arrival was critical.''

Continue reading "Strep Throat leads to death at Baptist Hospital" »

O.J. McDuffie, a former Miami Dolphin wide receiver felt vindicated when he won an $11 million medical malpractice award against noted Miami orthopedist Dr. John Uribe. However, that vindication was short lived.

A Motion for a new Trial was filed and a hearing was conducted August 2, 2010. The Defendant raised the following 4 issues as grounds for a New Trial:

1. Plaintiff's improper use of a chapter in a medical textbook;
2. Plaintiff's references to steroid injections;
3. Plaintiff's late disclosure and use of a computer animation that did not accurately depict Plaintiff's injury;
4. Plaintiff's counsel engaged in egregious misconduct during closing arguments requiring a new trial.

On September 30, 2010 Judge Michael Genden granted the Defendant's motion for a new trial and vacated the judgment.

Judge Genden found for the Defendant on 3 of the 4 issues raised. The only point that was found to not be prejudicial was the computer animation, because the Judge gave the jury a curative instruction.

Continue reading "O.J McDuffie Medical Malpractice Verdict Thrown Out" »