Central Florida Personal Injury Lawyer - General Personal Injury

Man's Trading Company Recalls Super Magnet Toys

Jenny Albano — Mon, 24 Dec 2007 01:32:15 GMT

Man's Trading Company, in conjunction with the CPSC< is recalling around 2,800 Super Magnets because they can pose aspiration and intestinal hazards to children who swallow the magnets.

The magnet attached to the bottom of a small toy panda can detach. If swallowed or aspirated by young children, the magnets can attract each other internally and cause intestinal perforations or blockages, which can be fatal.

The recalled magnets are a half an inch are resemble panda bears. The small magnet is attached to the bottom of the panda toy and Super Magnets and the company's logo is printed on the front of the packaging for the toy. The super magnet toys have eight in a pack. So far the company has not recieved any reports of injury from the Super Magnets.

The recalled product was available in Dollar and gift stores across the U.S. from September 2005 to November 2007. These items were manufactured in China.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Deadline for Florida Smoking Damage Lawsuits Draws Near

Courtney Mills — Fri, 30 Nov 2007 10:30:31 GMT

The number of weeks remaining before plaintiffs can file suit for damages as a result of smoking-related illnesses has dwindled down to six. In Miami Dade and Broward counties, there have been only 120 smoking lawsuits filed for smoking-related illnesses to date, according to the Miami Herald.

Part of the reason for so few cases is that plaintiffs' attorneys are seeking out more ideal plaintiffs. Firms are extremely selective in the cases they choose, because they want to genuinely be of service. The ability to verify smoker's claims for damages can be unusually difficult. A large number of potential plaintiffs have also died as a result of smoking, which may tend to act as a disincentive for some families to pursue wrongful death suits in a court of law.

The Florida Supreme Court overturned a class action 2000 civil damage award of $145 billion last year, requiring that each smoker show that cigarettes caused the damages. When the Florida Supreme Court overturned the award last year, it decertified the class, and gave the members a deadline of January 11, 2008, to file individual lawsuits for damages.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Dairy State Foods Recalls Minnie's Bake Shop Chocolate Chunk Cookies Because of Undeclared Nuts

Jenny Albano — Mon, 15 Oct 2007 23:44:12 GMT

Dairy State Foods, in conjunction with the FDA, is recalling Minnie's Bake Shop Chocolate Chunk Cookies because they may contain undeclared macadamia nuts. Those who are allergic to macadamia nuts can have a severe allergic reaction that could be life-threatening.

The packaging is labeled with a code date of Best if used by March 2008 and Minnie's Bake Shop Chocolate Chunk, but the cookies are actually Minnie's Bake Shop White Chocolate Chunk Macadamia Cookies.

So far there have been no allergic reactions reported to the company. The cookies were available in stores in Florida from Sept.18-Oct. 2, 2007.

The recall was initiated after it was discovered that the macadamia nut containing product was distributed in packaging that did not reveal the presence of macadamia nuts. An allergy warning was on the box, stating that it was manufactured on shared equipment with peanuts or/ or tree nuts. Subsequent investigation indicates that the problem was caused by a temporary break down in the packaging process. The problem has been corrected, and current production runs are accurately labeled.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

CPSC Announces Recall of 1 Million Baby Cribs

K.C. Bouchillon — Sat, 22 Sep 2007 09:29:39 GMT

Three deaths and dozens of "close calls" have led to the recall of more than a million baby cribs sold under the Simplicity and Graco brand names, the Consumer Product Safety Commission announced.

The baby cribs pose a significant risk of strangulation and suffocation of children because of a defectively designed siderail. The instructions for the crib are unclear, causing many buyers to install the side rail upside down. Even with the siderail installed correctly, there is a risk of hardware failure.

As with so many other recent recalls of child-related products and toys, the cribs were manufactured in China.
Related links:
Consumer Product Safety Commission: www.cpsc.gov
Simplicity: www.simplicityforchildren.com

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by K.C. Bouchillon

Carbon Monoxide Leak Sickens 19 Va. Tech Students

Courtney Mills — Mon, 20 Aug 2007 10:00:44 GMT

19 Virginia Tech students at an off-campus apartment complex had their lives turned upside down Sunday morning when a carbon monoxide leak sent the majority of them to local hospitals for carbon monoxide poisoning.

A leak in a faulty gas water heater was discovered to be the root of the problem, which sent so many students scrambling for treatment at local hospitals. According to reports, students were treated at Duke University Medical Center and University of Virginia Hospital in Charlottesville, then sent home Sunday.

The carbon monoxide gas was revealed by neighbors who smelled a foul odor. Two students were in critical condition from the carbon monoxide leak, but appeared to be stabilizing.

For more information on this subject matter please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Courtney Mills

Peter Pan Returns to Shelves; Lawsuits Pile Up

Courtney Mills — Mon, 13 Aug 2007 13:56:44 GMT

ConAgra's flagship brand of peanut butter, 'Peter Pan', will return to store shelves this month in an epic move by the agribusiness concern to restore consumer confidence in its brands. The move comes with a 100% satisfaction guarantee to put to rest any remaining concerns that consumers may have about Peter Pan peanut butter since the peanut butter recall.

ConAgra's decision to return Peter Pan to the marketplace this month comes amidst a torrent of lawsuits against ConAgra Foods. In one instance, there were reports of a woman sickened not once but twice due to consumption of ConAgra peanut butter. A few deaths appear to have been reported as well due to complications of salmonella bacteria poisoning from having consumed tainted peanut butter.

ConAgra has claimed all along that the source of the problem for the company was a leaky roof in their Sylvester peanut butter plant, which caused the salmonella to spread.

Originally posted at InjuryBoard by Courtney Mills

5-year-old Highland City boy mauled by pit bull

K.C. Bouchillon — Wed, 25 Jul 2007 09:24:47 GMT

While visiting a family friend in Highland City, 5-year-old Martin Collier, was savagely attacked by a pit bull. Collier was at the home of Scott Gawtrey, whose pit bull bit Collier on his face, head, arms and legs. He required more than 200 stitches in his upper lip, and 50 stitches in his scalp. It does not appear that Collier did anything to provoke the attack. Under Florida law, the owner of a dog that attacks a person is liable for the injuries to the victim, regardless of whether the dog had shown prior tendencies of viciousness.

For more information on this subject, please refer to our section on Property Owners' Liability.

Originally posted at InjuryBoard by K.C. Bouchillon

Castleberry's voluntarily recalls botulism-tainted canned meat products

K.C. Bouchillon — Wed, 25 Jul 2007 09:07:05 GMT

Castleberry's, a Georgia-based outfit owned by Bumblebee Foods, has voluntarily recalled approximately 75 brands of chili sauce, beef stew, and canned meat because of concerns they could be tainted with botulism. The problem was discovered during an investigation of botulism poisoning in Indiana and Texas, although the distribution of the at-risk products is far broader.

Given the recent experience with tainted dog food, it would not be surprising if the recall continues to expand. For a complete list of products recalled so far, continue reading.

The specific brands being recalled include:

1. 12-pack of 15-ounce cans of "Austex Beef Stew."
2. 15- and 19-ounce cans of "Austex Chili with Beans."
3. 12-pack of 15-ounce cans of "Austex Chili No Beans."
4. 12-pack of 19-ounce cans of "Austex Chili No Beans."
5. 15-ounce cans of "Best Yet Chili with Beans."
6. 15-ounce cans of "Best Yet Corned Beef Hash."
7. 15-ounce cans of "Big Y Chili with Beans."
8. 15-ounce cans of "Big Y Chili no Beans."
9. 15-ounce cans of "Big Y Corned Beef Hash."
10. 15-ounce cans of "Black Rock Chili with Beans."
11. 24-pack of 10-ounce cans of "Bryan Hot Dog Chili Sauce."
12. 24-pack of 15-ounce cans of "Bryan Corned Beef Hash."
13. 24-pack of 10-ounce cans of "Bryan Chili No Beans."
14. 24-pack of 15-ounce cans of "Bryan Chili No Beans."
15. 24-pack of 15-ounce cans of "Bryan Chili with Beans."
16. 10-ounce cans of "Bunker Hill Chili no Beans."
17. 10-ounce cans of "Bunker Hill Chunky Chili no Beans."
18. 10-ounce cans of "Castle Chili No Beans."
19. 15-ounce cans of "Castleberry's Beef Stew."
20. 15-ounce cans of "Castleberry's Brunswick Stew."
21. 10-ounce cans of "Castleberry's BUNKER HILL, ORIGINAL Chili NO BEANS."
22. 15-ounce cans of "Castleberry's CHILI WITH BEANS."
23. 12-pack of 15-ounce cans of "Castleberry's Chili No Beans."
24. 15-ounce cans of "Castleberry's Corned Beef Hash."
25. 10-ounce cans of "Castleberry's HICKORY SMOKED, OVEN ROASTED, WITH SKINS, BARBECUE PORK IN BARBECUE SAUCE."
26. 12-pack of 15-ounce cans of "Castleberry's Hot Chili with Beans."
27. 10- and 14.5-ounce cans of "Castleberry's BBQ Pork."
28. 10-ounce cans of "Castleberry's Sausage Gravy."
29. 10-ounce cans of "Castleberry's Chip Beef Gravy."
30. 15-ounce cans of "Cattle Drive Beef Stew."
31. 15-ounce cans of "Cattle Drive Chili with Beans."
32. 15-ounce cans of "Cattle Drive Chili no Beans."
33. 15-ounce cans of "Cattle Drive CHILI WITH BEANS."
34. 8-pack of 15-ounce cans of "Cattle Drive Chili with Beans."
35. 15-ounce cans of "Cattle Drive Chicken Chili with Beans."
36. 15-ounce cans of "Firefighter Chicken Chili."
37. 15-ounce cans of "Firefighter Chicken Chili with Beans."
38. 15-ounce cans of "Firefighter Chili with Beans."
39. 15-ounce cans of "Firefighter Chili no Beans."
40. 15-ounce cans of "Food Club Chili with Beans."
41. 15-ounce cans of "Food Club Corned Beef Hash."
42. 15-ounce cans of "Georgia Hash."
43. 10- and 15-ounce cans of "Goldstar Chili."
44. 15-ounce cans of "Goldstar Tex Mex Chili."
45. 15-ounce cans of "Great Value Chili with Beans."
46. 15-ounce cans of "Great Value Hot Chili with Beans."
47. 15-ounce cans of "Kroger Beef Stew."
48. 15-ounce cans of "Kroger Chili with Beans."
49. 15-ounce cans of "Kroger Chili no Bean."
50. 15-ounce cans of "Lowes Chili no Bean."
51. 15-ounce cans of "Lowes Chili with Beans."
52. 15-ounce cans of "Lowes Corn Beef Hash."
53. 15-ounce cans of "Meijer Chili with Beans."
54. 15-ounce cans of "Meijer Chili no Beans."
55. 15-ounce cans of "Meijer CORNED BEEF HASH."
56. 12-pack of 15-ounce cans of "Morton House Chili with Beans."
57. 15-ounce cans of "Morton House Corned Beef Hash."
58. 10- and 15-ounce cans of "Paramount Hot Dog Chili Sauce."
59. 15-ounce cans of "Paramount Chili no Bean."
60. 15-ounce cans of "Paramount Chili with Beans."
61. 15-ounce cans of "Piggly Wiggly Chili with Beans."
62. 10- and 15-ounce cans of "Piggly Wiggly Chili no Bean."
63. 15-ounce cans of "Piggly Wiggly Corned Beef Hash."
64. 12-pack of 15-ounce cans of "Prudence Corned Beef Hash."
65. 15-ounce cans of "Southern Home Chili with Beans."
66. 10- and 15-ounce cans of "Southern Home Chili no Bean."
67. 15-ounce cans of "Southern Home Corned Beef Hash."
68. 10-ounce cans of "Steak N Shake Chili."
69. 15-ounce cans of "Thrifty Maid Chili with Beans."
70. 15-ounce cans of "Thrifty Maid Corned Beef Hash."
71. 15-ounce cans of "Triple Bar Chili with Beans."
72. 12-pack of 15-ounce cans of "Triple Bar Chili with Beans."
73. 15-ounce cans of "Triple Bar Chili no Beans."
74. 12-pack of 15-ounce cans of "Triple Bar Chili no Beans."
75. 15-ounce cans of "Value Time Chili with Beans."

Consumers can contact Castleberry's Consumer Hotline at 1-888-203-8446 or 1-800-203-4412 or the Schnucks Consumer Affairs Department at 314-994-4400 or 1-800-264-4400.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by K.C. Bouchillon

Recovery of pain and suffering over the death of a pet

K.C. Bouchillon — Mon, 28 May 2007 12:33:20 GMT

In the wake of the recent deaths of pets resulting from contaminated pet food, New Jersey is considering a law permitting pet owners to sue for recovery of their pain and suffering if their pet gets sick or dies from eating the affected food. This will undoubtedly rekindle the debate over the status of pets in the law. Should pets be considered "part of the family" such that their owners can recover for pain and suffering for the loss of their pets?

A few states say yes - within limits. For example, Tennessee allows pet owners to sue for up to $5,000. However, in most states, pets are considered property. Thus, if a pet dies as the result of someone else's negligence, the recovery is limited to the value of the pet as a piece of property, not as a member of the family, and frankly, Fido, the mutt you saved from the pound, isn't worth much on the open market. (Florida arguably has recognized an exception to the ban on pet owners' pain and suffering if the pet was injured or killed as a result of someone's malicious conduct toward the pet.)

The other side of the equation is valid as well: If pet owners are allowed to sue for their pain and suffering over the loss of a pet, won't that "open the floodgates" of litigation every time someone's goldfish or rabbit or canary dies? Perhaps, but before you write off the issue entirely, consider this: Several studies, which have gotten wide coverage on the news, have shown that exposure to dogs and other animals significantly increases the quality of life and improves the mental health of the elderly and the terminally ill. I imagine there are more than a few of the elderly who find that their pets bring them more joy than their grasping adult children and rowdy grandchildren. Pets are already protected from cruelty under the criminal laws of all 50 states. Some would argue that their owners should receive protection in the civil arena as well.

Originally posted at InjuryBoard by K.C. Bouchillon

Lilly, O'Toole & Brown, LLP

Staff Writer — Sat, 24 Feb 2007 10:45:12 GMT

With over 150 years of combined courtroom experience, the 7 civil trial lawyers of Kent Lilly, P.A., Neal O'Toole, P.A. and Steven C. Brown, P.A. merged their practices on September 1, 2004 to form Lilly, O'Toole & Brown, LLP, in order to better serve our present and future clients.

Lilly, O'Toole & Brown has 6 fully staffed offices in Central Florida - located in Bartow, Haines City, Lakeland, Lake Wales, Sebring and Clermont. All lawyers of Lilly, O'Toole & Brown limit their legal work to civil trial practice, including personal injury and wrongful death, nursing home abuse, medical malpractice, insurance claims, premises liability, product liability, business litigation, and class action litigation.

If you or a family member has been injured or has died through the fault of others, you know how far-reaching the effects can be. Spouses and children may be shattered by the experience, and often families are fragmented at a time when closeness and family unity are most important. For these families, there are financial hardships, difficulties with insurance companies, and often expensive future medical needs to consider.

In the midst of such trauma, it can be difficult to know which way to turn. At such a time, you may feel you've had "the fight knocked out of you" and become vulnerable to unfair settlements, forgetting your own best interests in an attempt to simplify your current situation. It may seem like a daunting task to stand up for your rights and make the appropriate provisions to meet future medical expenses and to support yourself and others who rely on you.

We understand and are ready to offer you the help you need to insure that your rights are protected. We are devoted to representing only victims of wrongful acts, and dedicated to litigating and trying cases against many of this country's largest companies and their insurers. We have litigated personal injury cases in state and federal courts against manufacturers, retailers, banks, contractors, insurance companies, nursing homes, entertainment and amusement establishments, and governmental and law enforcement agencies.

We follow a "Client First" principle, and strive for top quality work to serve the interests of our clients. The duration of our cases average a year or more, during which we usually become friends with our clients. Clients have direct contact with those persons who are actually doing the work on their case. We keep our clients informed and take time to explain consequences. We encourage calls about questions and concerns. If we don't have the answer right away, we'll find it.

Our firm's approach is results-oriented, disciplined and aggressive while demonstrating the utmost respect for court procedures and trial ethics. Our attorneys are versatile and innovative, with a broad range of trial experience.

Originally posted at InjuryBoard by Staff Writer