Wrongful Death

Published on: November 13, 2012

Miami Metrorail Worker Killed By Train While Walking On Tracks

George Andrews was killed Monday while working for Miami-Dade Transit. Andrews parked his train on a sidetrack near the Earlington Heights station because his train had been malfunctioning. He was walking back to the station on the tracks and was about thirty yards from the Earlington Heights station when a moving train struck him.

While the case is still under police investigation, a spokesman for the Transport Workers Union Local 291 reported “walking on the track after parking a disabled train is normal procedure for MDT.” Police are still trying to figure out why and how the train hit Andrews as he was walking in the pocket area where he parked his train. Protocol requires that a train operator that parks his train on a side track must inform central control of his position and central control technicians will warn all other trains. “The problem is that the trains are not like cars. The operator of the train that hit him may have seen him on the track and may have applied the brake immediately, but the train does not stop immediately,” stated the spokesman.

Andrews, 47, was a valued member of the MDT family and “this is a tragedy to the transit family and we are in mourning,” one operator stated. Andrews had been a bus operator in 1987 and became a Metrorail operator in 2003.

Transit worker who was killed was walking on Metrorail tracks from disabled train, www.miamiherald.com November 13, 2012.

Published on: November 12, 2012

Bus Driver Convicted Of Manslaughter In Crash That Killed 4

by Friedland | Carmona

Bus driver Kin Yiu Cheung put his passengers through a harrowing ordeal last year as he swerved from side to side, sped and erratically drove along a Virginia highway. According to passengers, Cheung was drinking coffee and Red Bull energy drinks before he finally fell asleep and lost control of the bus. “It was almost as if you’re on a roller-coaster ride,” said one passenger. The crash killed four passengers and injured dozens more.

Cheung was found guilty of four counts of involuntary manslaughter; the judge characterized his benhavior as “‘so gross and wanton’ that he had no choice but to find him guilty.” Fifteen crash survivors testified at trial as did a police officer that stated at the accident scene, Cheung confirmed he had fallen asleep at the wheel. Another witness testified that she heard Cheung on the phone while he was driving complaining that he does not get enough sleep. Cheung’s attorney argued that this was a horrible accident, not a case of criminal negligence. The prosecution argued that Cheung knew he was having trouble staying alert for up to an hour before the crash. “That man had a legal duty of care to those passengers and that’s a factor in this case,” the prosecution argued. Cheung faces up to forty years in prison.

In July, the National Transportation Safety Board concluded driver fatigue was the most probable cause for the crash. The Board noted that Cheung had “limited opportunities for quality sleep in the days leading up to the accident.” At the time of the crash, the Transportation Department was in the process of shutting down the bus company, but the company had been given ten days to appeal its poor safety rating. After the accident, government officials shut down more than twenty bus companies for safety violations in what has been dubbed “the largest single federal crackdown on this industry.”

Bus driver convicted in crash that killed 4 in Va, www.miamiherald.com November 08, 2012.

Published on: November 6, 2012

Drunk Driver Kills Pregnant Bartow Teen And Unborn Baby

by Friedland | Carmona

A nineteen-year-old girl who was in the final weeks of her pregnancy was killed Sunday evening in a car accident. Tiffany Woodham was riding in a van with a friend and stopped at a red light when a large pickup truck crashed into the rear of the van. The impact caused both vehicles to spin for about thirty feet.

One of the van passengers and the driver of the van were taken to Winter Haven Hospital to be treated for non-life threatening injuries. Another passenger was taken to Lakeland Regional Medical Center with serious injures. Woodham died en route to hospital. Once her body arrived, doctors unsuccessfully attempted to save the baby via cesarean section.

According to witnesses, the driver of the pickup truck had been driving erratically and ran off the road prior to crash. The Polk County Sheriff’s Office revealed that the driver had a .131 blood alcohol level after the crash and had been driving 83 miles per hour in a 60 mile per hour speed zone. He has been charged with two counts of vehicular homicide, two counts of diving under the influence manslaughter, two counts of driving under the influence with serious injury, driving under the influence involving property damage and driving under the influence.

Bartow woman, unborn daughter killed, www.newchief.com November 06, 2012

Published on: November 5, 2012

Tampa Bay Driver Sentenced To 26 Years After DUI Crash Kills Two

by Friedland | Carmona

Janet Nusspickel had to tell her four-year old granddaughter that the little girl’s mother was gone. Nusspickel lost her daughter Diana in June 2011 after a drunk Scott Michael Nicholson crashed his Chevy Cobalt into Diana’s Saturn at a speed over 100 miles per hour. Nicholson’s blood alcohol level was recorded as a .13, but police believe it could have been as high as .17 at the time of the crash. A blood alcohol level of .13 is almost double the level in which a driver is presumed impaired.

The driver of the car, Devin M. Plant was seriously injured in the accident, and another passenger, Charles R. Lutes II was killed in the crash. Nicholson pleaded guilty to two counts of DUI-manslaughter and one count of reckless driving with serious bodily injury.

Before being sentenced to 26 years in prison, Nicholson took the opportunity to apologize to his victims’ families. Nicholson decided to take plea deal instead of forcing the victims’ families to sit through a trial. The judge took his reason for pleading out into consideration when she sentenced Nicholson. Faced with 30 years, Nicholson was only sentenced to 26 years for the crash.

Man gets 26 years in prison for DUI crash that killed two, www.tampabay.com October 31, 2012

Published on: October 29, 2012

1 Dead, 1 Injured When Pipes Fall On Boat Workers

by Friedland | Carmona

Four men were working aboard a ship docked in the Port of Tampa when pipes came crashing down onto them. The four men were working as stevedores for the International Longshoreman’s’ Association when the accident occurred. They were located at the bottom of the ship’s cargo hold and were bundling steel pipes. The pipes were to be lifted by a crane, but the strap on the bundle broke and the pipes came crashing down into the men.

One of the men, fifty six year old Hercules Gilmore died as a result of the accident. He was pronounced dead at the scene. Another man, whose name has not been released, was taken to an area hospital with non-life threatening injuries. The other two men were not injured.

2 rescued, 1 killed on ship from fallen pipes, www.miamiherald.com October 23, 2012.

Published on: October 26, 2012

Wrongful Death Suit Alleging Excessive Taser Use Settles For $125K

by Friedland | Carmona

In the early morning hours of April 21, 2007, David Mills and a friend got into a debate so heated that police were called. Police tried to restrain the men, but Mills began kicking, punching and biting the officers. As Mills became more violent and aggressive, officers used their Taser on him. According to the lawsuit filed by Mills’ mother, the Taser was used at least four times on Mills. After Mills told police he was under the influence of drugs, and again when police noticed Mills was not breathing, officers called for medical assistance. He was pronounced dead at Yale-New Haven Hospital less than two hours after the altercation started.

Following his death, Mills’ mother filed a wrongful death suit, listing both the town and Sgt. William Sikorsky as defendants, and claimed the officers used “unreasonable force” on her son. The police were not charged criminally with any wrongdoing. Earlier this week, Mills’ mother and the defendants settled the wrongful death case for $125,000. Her attorney stated, “Under the circumstances, we believe it is a reasonable settlement, considering the specific details concerning Mills and the use of Tasers.” As for the circumstances of the case, the medical examiner ruled Mills’ death as accident, “caused by ‘excited delirium’ with PCP intoxication a contributing factor.”

Mills’ death brought up the controversial use of Tasers in policing activates. According to Mills’ mother’s attorney, “Many police officers don’t realize a Taser is an inherently dangerous weapon, though the manufacturer touts it as a panacea for all dangerous situations. The use of it deserves much more study. What is necessary is an objective analysis of whether or not Tasers are more than instruments of torture, whether there should be limitations on their use, and whether or not police officers need additional training on their use.”

Hamden settles lawsuit in 2007 Taser death for $125K, www.CTPostChronicle.com October 19, 2012.

Published on: October 25, 2012

School Board Member’s Daughter Declared Brain Dead After Crash With Hialeah Police

by Friedland | Carmona

Andrea Castillo, the daughter of newly-elected of the Miami-Dade School Board, was declared irreversibly brain dead late last week after she was injured in a car accident with an undercover Hialeah police officer.
Castillo and her boyfriend were driving in an SUV heading eastbound on East Ninth Court when they collided with the unmarked police vehicle. The force of the impact caused the SUV to flip while the unmarked car flew over a median.

Castillo, her boyfriend and the on-duty officer were all injured in the crash. The officer suffered a fractured leg and arm and sustained head injuries. He was airlifted to Jackson Memorial Hospital, while the couple was taken to the same hospital by ambulance. It is unknown what injuries Castillo’s boyfriend, who was driving the SUV at the time of the crash, suffered. Castillo’s family is left to wonder why Castillo was not airlifted to the hospital along with the officer. An attorney for the family said the family is absolutely devastated. “They are in complete and utter disbelief, and they obviously have a tremendous void in their heart.”

Castillo was a student at Miami-Dade College and hoped to work education like her mother and grandmother. Her family is keeping her on life support so that her organs can be donated in the coming days.

Daughter of new School Board member dies after crash with Hialeah officer, www.miamiherald.com October 2, 2012.

Published on: October 23, 2012

Newborn Found Dead Aboard Cruise Ship, FBI Opens Investigation

by Friedland | Carmona

A newborn baby was found dead aboard Carnival Cruise Line’s The Dream cruise ship when the shop returned to Port Canaveral this past weekend. The FBI has undertaken an investigation as to what led to the child’s death. On Saturday, the FBI’s Evidence Response Team went about the ship to search for clues. According to Special Agent Dave Couvertier, “We received preliminary information of a deceased newborn on the vessel and we are investigating the matter.”

According to reports, an employee aboard the ship found the dead newborn in a guest’s cabin and informed authorities in St. Maarten. The mother, a twenty-year-old passenger, was detained in St. Maarten. However, she has not yet been charged, as the FBI is still obtaining facts and collecting evidence. The newborn’s mother is not from Florida and has not yet returned to the United States.

Report: Dead newborn found on cruise ship, www.miamiherald.com October 16, 2012.

Published on: October 11, 2012

Three Confirmed Dead, More Missing After Doral Parking Garage Collapse

by Friedland | Carmona

A Doral parking garage collapsed yesterday afternoon, killing at least three men and leaving many others trapped in the rubble. Samuel Perez was found in the rubble around 1:00 a.m. after the collapse. Rescuers had to amputate his legs in order to remove him from the rubble, but he died three hours later at a Miami hospital. Rescue dogs are tracking blood in the garage, but it is currently too unsafe to allow rescuers to continue searching. Authorities have called engineers to come check the structural safety of the garage before allowing rescuers to continue their search. One worker still remains missing in the rubble. Carlos Hurtado Demendoza and Jose Calderon died instantly along with one other unidentified worker. Ten other victims were sent to local hospitals to treat their injuries.

Ajax Corporation, the builder of the parking garage, stated that the company is “committed to working with local, state and federal authorities to determine what caused the collapse.” The part of the garage that fell was the final wall, which was to be used a movie screen for the nearby college. The president of Ajax stated that this was the worst collapse in his career, but stated that there had been no warning signs nor was the work rushed on this particular garage.

After hearing the rumble, the electrical supervisor ran to the other side of the garage and found “a major chunk of the $22.5 million, five-story building, under construction on the college’s West Campus in Doral, already had collapsed.” According to one witness, the garage fell “like a house of cards.” It is believed that the structure began to collapse when a crane place a new expansion beam on top of another expansion beam. At the time of the collapse, electricians, welders, painters and other construction workers were working inside the garage and had only seconds to get out after the collapse began.

Death toll at 3, could rise in Doral parking garage collapse www.miamiherald.com October 11, 2012.

Published on: September 21, 2012

Driver Pleads Guilty After Killing and Injuring Key Biscayne Cyclists

by Friedland | Carmona

Michele Traverso crashed into Aaron Cohen and Enda Walsh as the two were riding their bikes along the Rickenbacker Causeway on an early February morning. While Walsh was severely injured after being struck by Traverso, Cohen died at the scene. Traverso had been driving with a suspended license at the time of the crash and surrendered himself to police eighteen hours later. While there were reports that Cohen had been drinking in Coconut Grove before the crash, police were unable to ascertain his blood alcohol level because of the time lapse between the crash and Traverso turning himself into police.

Traverso was in court earlier this week to deal with the charges against him: leaving the scene of an accident involving a death, leaving the scene of an accident with great bodily harm and driving with a suspended license. He pleaded guilty to all the charges, as well as an additional cocaine charge but received no plea deal. He faces a maximum of 35 years in prison for his crimes but could serve as little as 22.8 months.

The accident, which came almost two years after a similar hit and run accident on the Rickenbacker Causeway reignited calls for increased safety for cyclists and runners. Other cyclists erected a billboard in Cohen’s honor to bring attention to bicycle safety. Cohen’s family has filed a lawsuit against Traverso’s father, who owns the car Traverso was driving when he struck and killed Cohen. The damage amount the family is seeking has not been reported.

Driver pleads guilty in hit-run bicycle crash on Rickenbacker, www.miamiherald.com September 19, 2012.