Florida Personal Injury Lawyer Blog

Published on: August 5, 2009

Southwest Florida Trial Lawyer, Jeffrey Garvin sworn in as FLABOTA President

The Garvin Injury Law is proud to announce that Fort Myers attorney Jeff Garvin was sworn in as President of the Florida Chapter of the American Board of Trial Advocates at its Annual Convention in Longboat Key, Florida on July 25th.

Jeff Garvin Sworn in as FLABOTA President

ABOTA is an invitation only national organization of trial attorneys dedicated to preserving the independence of the judiciary and the right to trial by jury.

At the convention, Mr. Garvin spoke on the topic of the cross examination of expert witnesses.

Published on: June 30, 2009

New Florida Seat Belt Law Goes Into Effect Today – Can you get pulled over?

by Leland Garvin

car accident lawyer We are often asked: “Can you get pulled over for not wearing a seatbelt” or “how much is a ticket for not wearing a seatbelt”- Until recently, our Florida seat belt laws stated that drivers in Florida could only be cited for not wearing seat belts if they were pulled over for something else, such as speeding.

That changed in 2009 with the passage of the Dori Slosberg and Katie Marchetti Safety Belt Law. With the passage of this Florida seat belt law a driver who is not wearing a seat belt can be pulled over and issued a traffic citation for a nonmoving violation.

The state fine for a seatbelt violation will be $35, and each county may impose additional fines and court fees as well. Drivers and passengers who are found in violation of the new law are subject to a $114 fine in Miami-Dade County and $115 fine in Broward County.

Published on: April 29, 2009

Palm Beach Appeals Court Affirms $6.4 Million Verdict in Med Mal Case

by Leland Garvin

Back in June of 2007 attorney Jeff Garvin of Fort Myers and Wilton Strickland of Fort Lauderdale successfully argued that medical malpractice was committed when a Broward County otolaryngologist (ENT) failed to diagnose tongue cancer.

A Broward County Jury awarded the Garvin Injury Law client $6.4 Million Dollars after hearing two weeks of testimony. Garvin argued that the Pembroke Pines Doctor was negligent when he failed to notice several recognizable symptoms of tongue cancer. This argument was strengthened when evidence was presented that the client sought a second opinion and this doctor noticed cancer almost immediately. Unfortunately for the client, the cancer had already spread and required extensive surgery to remove the growth.

After this surgery, which required the removal of most of his tongue, the client was left with a difficulty speaking, can’t swallow, and is forced to eat blended food through a tube in his stomach.

Published on: March 23, 2009

Naples Criminal Defense Lawyer Prepares “Stand Your Ground” Defense after Shooting Death

by Leland Garvin

According to the Collier County Sheriff’s Office, the shooting took place some time after 4 a.m. this past Friday when 44 year-old Sterlin F. Misener Jr confronted 19 year-old Patrick Hutchison after seeing the teen exit a camper that was parked in Misener’s Naples Driveway.

Misener told authorities that he awoke to the sound of a burglar alarm and shortly after saw Hutchinson exit a camper that was parked in his driveway. According to reports, a confrontation began and Misener stated that the teen lunged at him before he fired the fatal shot.

According to Florida Law, if a person has a reasonable belief that they’re in danger of death or great bodily harm, they can legally respond with deadly force. Further, that a person is presumed to have held a reasonable fear of death or great bodily harm if the intruder had forcefully and unlawfully intered a dewlling, residence, or occupied vehicle.

Published on: March 16, 2009

Broward County Sheriff Begins Traffic Ticket Blitz

by Leland Garvin

Starting this morning (3/16/09), Broward Sheriff’s Office deputies and state troopers will be conducting a ticket blitz in western Broward County.

Squads will be on Interstates 75 and 595 and on the Sawgrass Expressway from 8 a.m. to 2 p.m. Monday, Tuesday and Wednesday. On Thursday, the officers will patrol those highways from 2 p.m. to 10 p.m.

The joint operation, which targets aggressive motorists and violators of the “Move Over” law and seatbelt requirement, will continue for four days, according to Sheriff’s Office spokesman Mike Jachles.

Published on: February 2, 2009

Florida Criminal Defense Lawyer Forced To Represent Client?

by Leland Garvin

In any criminal case a defendant is entitled to an attorney even if they cannot afford one; the same defendant is also entitled to an attorney who is free from a potential conflict of interest.

This normally does not create a problem unless there are multiple co-defendants, who cannot afford a private attorney.

Clearly the public defender would be appointed to represent the first defendant, but what about the others? If the public defender’s office represented more than one defendant there could be a conflict of interest. after all, how could the same office be expected to do what is best for each defendant individually. In any criminal case the defense lawyer must look out for his or her client individually; even if that comes at the expense of others charged. The defense attorney must always be able to use the argument: “the other guy did it” or ” the other guy made my client do it”.

Published on: January 14, 2009

Florida Judge Throws Out Over 100 DUI Breath Test Results

by Leland Garvin

A Manatee County Judge ruled that the Breath Test results in over 100 DUI cases are inadmissible at trial.

For the past 3 years, Florida Defense Attorneys have been arguing that breath alcohol results obtained from the “Intoxilyzer 5000” should be suppressed based on the fact that the manufacturer has refused to release the machines source code.

Defense Lawyers have argued that their clients have a right to have DUI experts analyze whether the machines are functioning properly.

Published on: December 15, 2008

Miami-Dade Criminal Defense Attorneys Stuned after Successful Insanity Defense

by Leland Garvin

After 5 hours of deliberations a Miami-Dade jury came back with a verdict of not guilty by reason of insanity verdict. Defendant Lavenston Horne Horne was charged with shooting and killing both of his parents as his father was fixing dinner on July 8th, 1996. Lavenston also shot his sister multiple times when she walked into the room. Lavenston’s sister, Inga, survived and testified that a few weeks before the murders, her brother came to her and told her that he was hearing voices that were telling him to do bad things.

After Lavenston fired on both of his parents he is reported to have stood over his mother and shouted “Who’s the king now?”

After Lavenston was arrested, he told the officers that his father “went crazy” and shot his mother and sister, and then turned the gun on himself.

Published on: November 28, 2008

Federal Judge Allows Workplace Law Suit Over Woman’s Perfume

by Leland Garvin

In Federal Judge rules that a City of Detroit Employee can proceed with her lawsuit which alleges that her co-worker’s perfume made it difficult for her to breathe and impossible to do her job.

U.S. District Judge Lawrence P. Zatkoff found that the employee’s case could proceed under the Americans with Disabilities Act.

The Employee “has produced evidence that her breathing is significantly restricted” and has a potential claim under the Act.

In the Suit the Employee is seeking unspecified damages but states that the major goal of the lawsuit is not monetary damages but to educate people about the issue and seek voluntary compliance for disabilities in the workplace

We will probably hear more about this case as litigation has only begun. Check out the The Detroit News story for more news on the case.

Published on: November 13, 2008

South Florida, a Top Destination for Prescription Drug Tourism?

by Leland Garvin

They’re not coming for the beaches any more, they’re coming for the Pain Management Clinics. Within the past few years it seems like these clinics have been popping up everywhere, and they’re clearly making money. If you can’t tell from the lines wrapped around the back of the clinic on a Monday morning or the ads that appear on page after page in the New Times, this is a profitable business. The worst of these drugs is Oxycodone (aka. oxy’s, oxycontin); according to DEA statistics Broward County is the number Oxycodone distribution site in the Country, dispensing 3.3 million pills in the first 6 months of this year.

Broward Sheriff’s Deputy Sgt. Lisa McElhaney states that BSO has been “talking to hundreds of thousands of individuals trafficking into the State of Florida specifically to obtain pharmaceutical drugs.”

So why do all these people travel here to South Florida? Authorities say it’s because we make it easy for them to get pills. Additionally, they say it’s perfectly legal and the State Legislature is doing nothing to regulate this epidemic. Recently channel 7’s Carmel Cafiero investigated this growing trend with a story that appeared in her segment Carmel on the Case.

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