Lawlor Winston Blog

New law will help save lives

U.S. Transportation Secretary Ray LaHood commended Governor Bobby Jindal for signing a new law on Thursday, which makes texting while driving in Louisiana a primary offense beginning August 15, 2010.

“Innocent people should not lose their lives because someone chose to text while driving,” said Secretary LaHood. “That’s why I’m pleased Louisiana has passed a tough new law banning this irresponsible behavior. This sends a clear message: texting and driving don’t mix.”

This law strengthens Louisiana’s 2008 texting ban, which allowed law enforcement officials to ticket drivers caught using their phones only if they were pulled over for another offense. Drivers caught texting behind the wheel will continue to face a fine of $175 for the first offense and up to $500 for any that follow.

According to research by the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured.

NHTSA has developed sample legislation that states can use to craft measures banning texting behind the wheel. The sample bill is patterned after President Obama’s October 1, 2009, Executive Order prohibiting federal employees from texting while operating government-owned vehicles and equipment. Last year, more than 200 distracted driving bills were under consideration by state legislatures, and the pace has increased this year.

Recently, Secretary LaHood launched pilot programs in New York and Connecticut as part of a “Phone in One Hand. Ticket in the Other.” campaign to study whether increased enforcement and public awareness can reduce distracted driving behavior.

For more information on distracted driving and the Department of Transportation’s work, visit www.distraction.gov.

Lawlor Winston at www.LawlorWinston.com.

The FTC says, if finalized, the settlement would go beyond various antitrust complaints brought against Intel and could fire up competition in the semiconductor market.

The Federal Trade Commission said Wednesday that giant chipmaker Intel Corp. had agreed to step back from certain practices, such as using “predatory-design” tactics that regulators alleged stifled competition and deprived consumers of better choices for at least a decade.

The FTC said the settlement, which if finalized would resolve a suit filed by the commission in December, goes well beyond the terms stemming from other antitrust complaints brought by foreign governments and rival firms against Intel. The new restrictions would apply to a broader range of chips and help restore competition in the semiconductor market, officials said.

The Santa Clara company controls about 80% of the world’s market for central microprocessors, which function as the brains of desktop and laptop computers. And Intel holds about a 50% share in the increasingly important market for graphic computing chips.

Contact Lawlor Winston at www.lawlorwinston.com for more information.

Merrick Pet Care Recalls Texas Hold’ems 10 oz Bag (Item # 60016 Lot 10127 Best by May 6 2012) because of Possible Salmonella Health Risk

Merrick Pet Care, Inc. of Amarillo, Texas is extending its July 2,2010 recall of 10 oz “Beef Filet Squares for Dogs (Texas Hold’Ems)” pet treat (ITEM # 60016 LOT # 10084TL7 BEST BY MARCH 24, 2012) to also include 83 cases of “Texas Hold’ems” (ITEM # 60016 LOT # 10127 BEST BY MAY 6, 2012) because they have the potential to be contaminated with Salmonella. Salmonella can affect animals and there is risk to humans from handling contaminated pet products. People handling the treats can become infected with Salmonella, especially if they have not thoroughly washed their hands after having contact with the chews or any surfaces exposed to these products. Consumers should dispose of these products in a safe manner by securing them in a covered trash receptacle.

Healthy people infected with Salmonella should monitor themselves for some or all of the following symptoms: nausea, vomiting, diarrhea or bloody diarrhea, abdominal cramping and fever. Rarely, Salmonella can result in more serious ailments, including arterial infections, endocarditis, arthritis, muscle pain, eye irritation, and urinary tract symptoms. Consumers exhibiting these signs after having contact with this product should contact their healthcare providers immediately.

Pets with Salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Infected but otherwise healthy pets can be carriers and infect other animals or humans. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian immediately.

The Beef Filet Squares (Texas Hold ‘Ems) were shipped to distributors and retailers throughout the US. These individuals have been notified and have activated their recall procedures.

The treats are sold in 1Ooz plastic bags marked with “Lot # 10127 Best By May 6, 2012″ on the top of the bag and on a sticker applied to the bottom.

No illnesses have been reported to date for either lot of product. A sample tested positive for Salmonella.

Consumers who have purchased 10 ounce packages of”Texas Hold’ems” are urged to return the unused portion to the place of purchase for a full refund. Consumers with questions may contact the company at 1-800-664-7387 M-F 8:00 – 5:00 CDT.

Contact Lawlor Winston at www.lawlorwinston.com for more information.

Lawlor Winston Attorney, Ben Murphey, Overturns Summary Final Judgment in Bender v. Caregivers of America, Inc., Case No. 4D09-2930

Lawlor Winston Attorney, Ben Murphey, Wins Dismissal of Appeal in Guarneri v. Nussbaum

Florida does not have a ban on texting while driving, which leaves motorists on I-95, 595, the Florida Turnpike and other Broward streets at greater risk of injury or death from an auto accident or a truck accident.

Be aware of the drivers around you who may be drifting across lanes or driving slowly. These are signs of distracted drivers who are likely to be on the phone chatting with a friend, checking on directions, or trying to catch up with email or instant messages.

If you are in a serious motor vehicle accident on South Florida roads, the personal injury attorneys at Lawlor Winston can help you investigate if the other driver may have been negligent due to the use of a cell phone or Blackberry.

Of course, it is never a good idea to engage in this behavior yourself. Always drive defensively and look out for signs of distracted drivers.

Contact Lawlor Winston LLP

Call the Fort Lauderdale personal injury law firm of Lawlor Winston, LLP (www.lawlorwinston.com) at 954-525-2345 for a free consultation if you have suffered harm as a result of distracted driving.

Will tar be tarnishing South Florida’s beautiful beaches and threatening our local economy? Pensacola and other Florida coastal communities are already experiencing damages from the greatest oil spill in U.S. history.

Deepwater Horizon, an offshore oil drilling platform located in the Gulf of Mexico near Louisiana, exploded into flames on Tuesday, April 20, 2010, and sank two days later. The rig was owned by Transocean Ltd., and operated under contract to international oil giant BP.

South Florida officials and the Florida Department of Environmental Protection are closely monitoring movement of contaminated Gulf waters.

Oil from the BP spill may travel around the southern tip of Florida and up the east coast to North Carolina, according to one simulation published by scientists at the U.S. National Oceanic and Atmospheric Administration. The actual route taken by the estimated 630,000 barrels of oil spilled into the Gulf will depend on many weather conditions, including the Gulf’s Loop Current, winds, and potential hurricane activity.

Significant risks to the South Florida economy will result if tar does reach our pristine beaches. The economic impact may be felt by hotel workers, restaurant employees, tourism operators, fishermen, the boating industry, and many other sectors of our tourism and hospitality-sensitive economy.

Contact Lawlor Winston, LLP

If you or someone you love is at risk of injury or loss as a result of the BP oil spill, talk to the Fort Lauderdale personal injury attorneys at Lawlor Winston, LLP (www.lawlorwinston.com). You can reach us at 954-525-2345 for a free consultation.

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“I am an invisible man…a man of substance, of flesh and bone, fiber and liquids—and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me.”

Perhaps, it could be more simply summed up as “[t]rue is it that we have seen better days….” The only certainty is that the future for injured workers in Florida is uncertain. The self-executing nature of the workers’ compensation system in Florida is under attack, and this will only result in additional injury to Florida’s injured workers. Prior to 1990, the Judges of Compensation Claims (JCCs) had the authority to hear disputes regarding an injured worker’s AWW, unpaid medical bills, unpaid medical mileage, unauthorized rehabilitation, MMI, plus all facets of medical care (i.e. changes in doctors, IMEs, the need for subsequent referrals, and testing). Injured workers and their attorneys were less litigious, and the penultimate goal (second to healing the injured worker) was getting the injured worker to MMI so that the claim could be settled.

When it passed the 1990 and 1993 reforms, the Florida Legislature repeatedly whittled away at the power of the JCCs. With the advent of the Employee Assistance Office, the Agency for Healthcare Administration, mandatory managed care, and requests for assistance, the legislature caused a “splintering” of the workers’ compensation system. Placing these new hurdles between the injured worker, their benefits, and the JCC, caused a delay in payments and a delay in the resolution of disputes. This caused the dissatisfaction of the injured worker to rise. In fact, injured worker dissatisfaction was proffered as one of the reasons for increased attorney involvement in Florida.

The 2003 reform will limit an injured worker’s ability to retain legal counsel, access the courts, and quickly resolve disputes regarding compensation benefits. This author submits that by passing this reform the legislature is pushing an already delicate situation closer toward critical mass. However, the 2003 reform could face some constitutional challenges. The mandatory limiting of psychiatric impairment ratings to one percent might violate both the due process and equal protection guarantees of the Constitution of the United States of America. The limitation of attorney’s fees and denial of hearings—absent the showing of good cause—on claims involving only AWW issues, medical mileage, and claims with less than $5,000 worth of benefits in controversy might violate the guarantee of access to the courts provided for in the Constitution of the State of Florida.

“Florida’s workers’ compensation system [should be] affordable, efficient, and above all equitable.” Equity will not abound as a result of the 2003 reform. The system will not be more efficient. The system was already clearly profitable, and therefore affordability could be controlled by reducing profits, instead of reducing benefits, but the reformists have prevailed, and so: “[o]nce more unto the breach, dear friends, once more….” For the injured workers of Florida, let Tallahassee be their Harfleur. “Stiffen the sinews, [conjure] up the blood, Disguise fair nature with hard favor’d rage; Then lend the eye a terrible aspect….” Continue the fight for benefits in the courts and with the lobbyists. That is, for what benefits the 2003 reform has left for the injured worker, and finally never forget to “wait and hope.”

M. Benjamin Murphey, Esq.

www.LawlorWinston.com