Posts Tagged ‘perenich caulfield avril noyes’

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Four Attorneys at Perenich, Caulfield, Avril & Noyes, P.A. Recognized as “Tampa Bay’s Top Lawyers” by Tampa Bay Magazine

Thursday, September 2nd, 2010

Personal injury attorneys Mark H. Perenich, Bryan D. Caulfield, John Jay Avril and Matthew E. Noyes were named among “Tampa Bay’s Top Lawyers” in the July/August 2010 edition of Tampa Bay Magazine. To create this list, the magazine asked LexisNexis Martindale-Hubbell to share their list of area lawyers who have reached the highest levels of ethical standards and professional excellence. Using their comprehensive database of peer review ratings, LexisNexis Martindale-Hubbell identified lawyers who had been rated AV Preeminent, the highest Martindale-Hubbell Peer Review Rating available.

LexisNexis Martindale-Hubbell is the authoritative resource for information on the worldwide legal network. Thousands of people use the Martindale-Hubbell Legal Network to find local attorneys, confirm their credentials and select firms that fit their needs.

The attorneys at Perenich, Caulfield, Avril & Noyes have been helping families in the Tampa Bay area since 1955.  If you or someone you care about has been injured in an automobile accident or other personal injury matter, contact us for a free case evaluation. We see you through.

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Busch Gardens Employee Injured on the Job

Monday, August 30th, 2010

 The St. Petersburg Times  reported on July 19, 2009 that an employee was injured on the job at Busch Gardens. The injured employee was a 20 year old USF football player, Maikon Bonani, who fell 35 feet from a ride at the theme park. The injury occurred while Bonani was working as an attendant at the Skyride and suspected that one of the gondola doors was not properly locked as it began to take off. He held onto the door to check it while the gondola was heading out of the station and beginning to travel over the theme park. After the gondola traveled about 50 feet, Bonani fell 35 feet onto the ground. It was reported that Bonani was taken to the hospital after his fall but did not sustain any life threatening injuries.

The spokeswoman for Busch Gardens said that it is standard procedure to call for an ambulance when someone is injured, and to call the police if there is any sort of criminal aspect. Since Bonani was injured while working and no criminal activity was involved, the police were not called. Bonani was treated for his injuries after the accident at St. Joseph’s Hospital.

The St. Petersburg Times reported that Bonani is originally from Brazil and moved to Florida when he was 11 years old.  It was at that time that he learned English.  He played football in high school where he was the Valedictorian of his senior class, and went onto to USF to continue his education and play as a kicker for the USF football team. A coach for USF’s football program, Jim Leavitt, made a statement expressing the USF football program’s relief that Bonani’s injuries were not life threatening.

Although not all on the job injuries involve a 35 foot fall, injuries on the job happen on a daily basis, and many people are not aware of their rights. If you are injured on the job, you should report your injury immediately to your employer, regardless of how severe your injuries may be. If your claim is denied, contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes for a free consultation to find out more about your rights. We see you through.

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Car Accident Involving an Alleged Drunk Driver: Father and His Three Sons Die as a Result

Monday, August 23rd, 2010

 We recently addressed the statistics of car accidents involving drunk drivers, and are sad to report that a father and his three sons tragically died in a car accident in St. Petersburg-allegedly due to the actions of a drunk driver.       

The St. Petersburg Times reported that the four men who died in the car accident, Elroy McConnell, Elroy McConnell, III, Nathan McConnell, and Kelly McConnell, were returning to their family at a vacation home in Redington Beach after a “guy’s night out.” Unfortunately, they never made it back.  

According to the St. Petersburg Times report, three women are left widowed, two children are left without a father, and another man faces four counts of manslaughter while driving under the influence. The police are claiming that the car accident was caused by a 20 year old drunk driver. 

The car accident occurred at 12:46 a.m. at Dr. Martin Luther King Jr. Street and 22nd Ave North when Demetrius Jordan allegedly sped through a red light. Demetrius Jordan was accompanied by his cousin, Mario Robinson, who is also 20. Both Jordan and Robinson were injured, but are expected to survive. Elroy McConnell and his three sons all died at the scene. 

If you have lost someone as a result of a car accident involving a drunk driver, contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes for a free consultation. We see you through.

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Negligent Security Practices Cause Apartment Resident’s Death

Friday, August 20th, 2010

The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have represented people injured and even killed in incidents where they were attacked because of a business’s negligent security practices. The St. Pete Times reported on a Pasco County trial regarding the untimely death of a 27-year-old school teacher in just such a negligent security scenario.    

Back in 2004, Kim Delancey was having what she thought was a nice afternoon hanging out with a neighbor when she was brutally raped and murdered by Adam Calcote. At the time, Calcote was staying at the Carlton Arms of Magnolia Valley apartments with his then-girlfriend. When his girlfriend was out of town, he had the opportunity to meet Delancey which ended with Delancey’s rape and murder. After the rape and murder of Delancey, a background check was done on Calcote which showed that he was using a fake name and had an outstanding arrest warrant for an arson. 

While Carlton Arms had a policy in place to do background checks on those leasing their apartments, unfortunately for Delancey and her grieving family, they did have not have such a policy for residents not named on their leases. Had such a simple, common sense security procedure been in place, Calcote’s criminal record would have been discovered and Delancey would likely still be alive.

 The personal injury attorneys at Perenich Caulfield, Avril & Noyes have been representing the injured of Tampa Bay including Pasco County since 1955. We have represented people attacked while at businesses with inadequate security including apartment complexes, restaurants and other businesses. If you have been injured due to someone else’s negligence, contact us for a free case evaluation.  We see you through.

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Pedestrian Deaths or Injuries: Are You Entitled to Compensation?

Tuesday, August 10th, 2010

Pedestrian deaths are not uncommon in the Tampa Bay area.  Our roadways are often shared with pedestrians either just trying to get from point A to point B, or merely taking a walk to enjoy the sunshine.  However, when drivers are not conscientious or aware of pedestrians, a peaceful walk can often turn into an unnecessary tragedy. 

Just this June the St. Petersburg Times reported a pedestrian death that occurred on Gulf-to-Bay. Sadly, pedestrian deaths happen all the time in our community and families are left with stacks of bills, endless questions, and uncertainties about the future. 

So what do you do if you or a loved one is injured in a pedestrian accident?  Many people think that if a citation is not issued to the driver of the automobile, they don’t have a claim for the pedestrian’s injuries.  But this notion is incorrect.  Even if a citation is not issued to the driver of the automobile that caused the injuries, you may still have a civil claim for your injuries or the death of a loved one.  The law in Florida for pedestrian cases does not turn only on the issuance of a citation, but rather on a determination of negligence.  Basically, if it can be shown that the driver of the automobile was negligent in their actions, whether criminal or not, you may be entitled to compensation.  This applies not only to the pedestrian who is hit, but can also apply to his or her family members.

Although every case is different, negligence is often shown by evidence indicating that a driver was not paying attention to their driving, using a cell phone or even driving while intoxicated.   While the actions of the pedestrian are also taken into account, you need the help of an experienced attorney to help you determine if you have a claim for your injuries or the death of a loved one.  Contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation if you or a family member is injured in a pedestrian accident. We see you through.

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Son of Former Florida Governor and Former U.S. Senate Candidate, Admiral LeRoy “Roy” Collins, Jr., Killed in Auto-Bicycle Accident

Thursday, July 29th, 2010

We wrote in our blog earlier this month that fatal bike/motor vehicle accidents were down 15% in 2009, but that they do still occur. Our statement was unfortunately proven true Thursday morning when the son of former Florida governor, LeRoy “Thomas” Collins, Sr., died as a result of a collision with an SUV in South Tampa, as the St. Petersburg Times is reporting.

The motor vehicle accident occurred at approximately 6 a.m. when Admiral LeRoy “Roy” Collins, Jr. was pedaling across a pedestrian crosswalk at Brorein Street and South Hyde Park Avenue. A motor vehicle driven by Margaux Manuel struck Collins when she turned left onto South Hyde Park Avenue after stopping at a red light. Manuel has a driving record that includes at least two citations for failing to obey traffic signs. 

Collins, who was two-star Navy Admiral and a former candidate for the U.S. Senate, was well-connected and well-liked in many circles in Florida. Democratic Gubernatorial Candidate Alex Sink said of Collins, “Admiral Collins dedicated his life to the protection of our state, country and our veteran community.” Everyone at the Personal Injury Law Firm of Perenich, Caulfield, Avril & Noyes send our heart felt condolences to Admiral Collins’ family and friends during this difficult time. 

The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have decades of experience representing the families of deceased bike riders such as Admiral Collins. We unfortunately see, time after time, how the inattentive driving of one can destroy the lives of many others. If you or a loved one is involved in a motor vehicle accident caused by an inattentive driver, the personal injury attorneys at Perenich, Caulfield, Avril & Noyes stand read to seek justice for you. WE SEE YOU THROUGH.

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Wrongful Death Case – Jury Rewards $2,950,000

Tuesday, July 27th, 2010

Oversized vehicles and tractor trailers are often a cause of concern for other drivers on the road. When an oversized vehicle or tractor trailer and a car get into a car accident, the injuries can sometimes be fatal. This was the case in Lee County on December 22, 2004 when a family lost a loved one to a car accident with a tractor trailer. The car accident occurred at approximately 5:40 a.m. on Metro Parkway. The decedent, Michael K. Bandsuch, was traveling southbound in his vehicle when a tractor trailer allegedly stopped in the middle of the road and blocked both lanes of traffic. The driver of the tractor trailer was an employee for Werner Enterprises and was making a delivery at the time of the car accident. In a vehicle next to the decedent was another driver, Ronald Lemaster. Both Lemaster and Bandsuch noticed the tractor trailer, but unlike Lemaster, Bandsuch was unable to avoid the car accident. He struck the tractor trailer and sustained fatal injuries as a result of the collision.

After a nine day trial and eight and half hours of deliberation, a jury in Lee County, Florida returned a verdict of $2,950,000. The U.S. Court of Appeals for the Eleventh Circuit affirmed the jury’s verdict on April 6, 2010. The defendant driver claimed that the truck he was driving complied with the required amount of reflective tape on the side of the trailer and also claimed that the tractor and trailer had sufficient lighting at the time of the car accident. However, he did not dispute that he was blocking both lanes of southbound traffic. Despite the defendants’ allegations that Bandsuch had medical conditions that contributed to the car accident and could possibly reduce damages, the jury found no negligence on the part of Bandsuch. 

If a case like this goes before a jury, many unique factors come into play. Specifically, the testimony of witnesses referred to as “experts” can greatly increase a plaintiff’s chance of recovery. Experts are witnesses who through a showing of sufficient knowledge, skill, experience, training, or education, are entitled to give an opinion in a case and testify to scientific or technical matters if it would assist a jury. The attorneys for the Plaintiffs in this case, John Romano and Maureen Martinez-Schwab of West Palm Beach, FL, put on an Accident Reconstructionist and Economist to aid the jury in understanding how the accident happened, and to help the jury to determine the amount of damages. The attorneys at Perenich, Caulfield, Avril & Noyes have a great deal of experience with jury trials and specialize in wrongful death cases such as this. Two attorneys at our firm are Board Certified in Trial Advocacy, and all of our attorneys work hard to determine what type of experts are important to your case. If you lose a family member in a car accident such as this, click here to contact us.  We see you through.

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Car Accident Involving a Fire Rescue Truck: Not So Unusual?

Wednesday, July 21st, 2010

Today the St. Petersburg Times reported a car accident involving a Fire Rescue truck and delivery truck on Gulf-to-Bay Boulevard. Believe it or not, these types of car accidents occur more often than you might think. Luckily, no one was injured in this car accident, but that is not always the case.

While we don’t know if this Fire Rescue truck was on an emergency call at the time, we see many cases where drivers fail to yield to an emergency vehicle and cause a car accident. As a result, firefighters and other emergency workers are sometimes injured and unable to continue serving our community. Often times, the emergency vehicle is not able to continue in route to the emergency call. That means that someone who needs emergency care may not receive it as quickly as they would have otherwise.

Most people are well aware that they have a duty to yield to emergency vehicles. However, many drivers are distracted by cell phones, loud music, and even browsing the internet while they drive. These distractions can lead to a driver being completely unaware of an approaching emergency vehicle, and in turn, cause a car accident.

To prevent these types of motor vehicle accidents from occurring, Florida law sets forth the responsibilities of other drivers when an emergency vehicle is approaching. Florida Statute Section 316.126(a) provides that when an emergency vehicle gives signals to other drivers by way of a siren, exhaust whistle, other device, or visual signal in the form of blue or red lights, the other drivers must yield the right-of-way to the emergency vehicle. All drivers must immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the roadway. Additionally, the driver must clear any intersection and remain in position until the authorized emergency vehicle has passed.

All of us at Perenich, Caulfield, Avril & Noyes, P.A. would like to remind drivers to be alert to approaching emergency vehicles. If you are injured in a car accident involving an emergency vehicle, the personal injury attorneys at Perenich, Caulfield, Avril & Noyes, P.A. can assist you. Click here to schedule a free case consultation.

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Repeat DUI Offender Who Caused Death of 15-year-old Passenger Sent to Prison

Wednesday, July 21st, 2010

Drinking and driving does cause motor vehicle accidents and often times it destroys lives in the process. In 2004, Tiffany Marie Graham caused a car accident when she turned in front of another vehicle. The accident resulted in the wrongful death of a 15-year-old passenger. Graham was found to be intoxicated at the time of the car accident and charged with DUI manslaughter. While her 15-year-old dead passenger wasn’t given a second chance, in 2006 a judge essentially gave Graham just such a second chance by only sentencing her to a year in jail and six years of probation.

In June of 2010, Graham was again accused of a DUI, this time after drinking liquor at a popular Pinellas County beach bar. Luckily she didn’t cause another deadly accident, but her actions did catch the ire of the presiding judge who sentenced her to six years in prison for violating the terms of her probation by leaving Hillsborough County without permission.   

Unfortunately, Florida roads see drunk drivers everyday. Sometimes these drunk drivers don’t cause accidents, but many times they do. But what we do know, every time they hit the road drunk, they put all of us and our families at risk. Intoxication causes one’s senses to be greatly impaired. Vision, hearing and reaction time are all impacted, which leads to accidents. 

The Personal Injury Lawyers of Perenich, Caulfield, Avril & Noyes, P.A. have been representing persons injured in auto accidents, including those involving alcohol, for almost 60 years. If you or a family member needs the help of an experienced auto accident lawyer, we stand ready to help. Click here to schedule a free case consultation. WE SEE YOU THROUGH!

http://www.tampabay.com/news/courts/tampa-woman-violates-probation-for-dui-manslaughter-gets-6-years-in-prison/1110220

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Car Accident Caused by Drunk Driver: New Jersey Jury Awarded $14,207,563.50 and Entered a Verdict Against a Bar – But Would This Be the Case in Florida?

Thursday, July 15th, 2010

A drunk driver caused a car accident that killed a woman and permanently injured her husband while they were lawfully operating their motorcycle. The drunk driver, Steven Evans, was leaving a bar called Rack’s Bar and Grill after celebrating his 21st birthday. Although he fled the scene after the car accident, he was later apprehended and his blood alcohol level was determined to be .10. The wife and passenger of the motorcycle, Mary Elenbark, died a week after the car accident from her injuries. She was only 44 years old at the time of her death. A New Jersey jury entered a verdict against the bar and Evans and awarded $14,207,563.50. 

The law in New Jersey allowed for a cause of action and large recovery by George Elenbark and his wife’s estate against Steven Evans and the bar where he was consuming alcohol immediately before the car accident – Rack’s Bar and Grill. The jury ultimately found Rack’s Bar and Grill 75% liable and Evans 25% liable for the car accident. However, this may not have been the case if this car accident happened in Florida. In states such as Florida, the law is not as strict on bar and restaurant owners as the laws in other states. It can be difficult to sue a bar or restaurant for the acts of its drunk patrons who cause a car accident. In fact, the general rule in Florida is that one who provides alcohol to a person of lawful age is not liable for damages caused by the intoxication of the person. There are only two exceptions to this rule that would provide recovery for injury or damage caused by or resulting from the intoxication of such a person. The first exception is for a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age. The second exception is for one who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages. 

Since Florida’s laws regarding the liability of bars or restaurants in cases where their patron causes a car accident can make it difficult to seek compensation, it’s important to seek the advice of an experienced attorney if you are injured in a motor vehicle accident like this one. The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have been helping clients in the Tampa Bay area since 1955. Click here to schedule a free case consultation.

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