How Will the Florida “Stand Your Ground” Law Impact Personal Injury Case Analysis?

Posted on May 23, 2014 by gil hoy

The Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates are highly experienced, expert and nationally known and respected injury attorneys committed to helping Massachusetts residents who have been injured due to no fault of their own. Our Boston personal injury lawyers have more than fifty years of experience negotiating favorable settlements and trying cases for our injured clients. Please contact our expert Boston, MA law office at 617-787-3700 or by email at info@gilhoylaw.com, 24/7, to receive a free and confidential consultation about your case.

Florida’s “Stand Your Ground” law creates an immunity from criminal prosecution for persons who use “justifiable force” to defend themselves from someone using imminent and unlawful force against them. This far reaching law even creates immunity for the use of deadly force, under the right set of circumstances. This controversial law received national attention recently with the Trayvon Martin trial.

For the first time, a Florida appellate court examined the law’s application in civil lawsuits. The specific case involved a personal injury claim between two coworkers. Jose Alvarez allegedly beat his coworker, Derrick Roy Flemmings, with a baseball bat. During the criminal trial for aggravated battery with a deadly weapon, Alvarez successfully argued his defense under the “Stand Your Ground” law. Flemmings filed a civil lawsuit against his attacker and their employer, arguing that the company was negligent in hiring and training Alvarez.

The lower court dismissed the civil lawsuit, finding that where there was criminal immunity there would also be civil immunity. The Florida appeals court reversed the dismissal, and held that although there might be civil immunity, that is an issue that must be addressed at an evidentiary hearing. The issue of civil immunity under the “Stand Your Ground” law, therefore, apparently will be determined on a case-by-case, fact-intensive basis.

Posted in Boston Accident Injury Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment

Wrongful Death Suit Brought in Aftermath of Cleveland High School Shooting Results in $2.66 Million Settlement.

Posted on May 23, 2014 by gil hoy

The expert lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates are a team of highly experienced personal injury lawyers with many years of experience and a well-deserved reputation for recovering millions of dollars for our injured clients.  Our Boston, MA wrongful death lawyers will work vigorously and efficiently to get you the compensation you deserve.  Please call 617-787-3700 or email us at info@gilhoylaw.com, 24/7, for your free and confidential consultation. 

When the death of a loved one comes at the hand of a negligent person or party, there is a natural desire to seek fair compensation for the loss.  Unexpected or accidental deaths are always accompanied by burial, funeral and other costs, but the emotional toll felt by loved ones is impossible to truly quantify.  No amount of money can ever truly soothe the wounds of such a devastating loss, yet assessing the amount of monetary compensation for these losses is the nearest thing to justice that one may find.  In a recent case, three Ohio families reached wrongful death settlements, each in the amount of $889,583.33. 

While the perpetrator of the shootings was sentenced to a life sentence, without parole, for these killings, a wrongful death suit was also brought a short time later.  The shooting took place at the Chardon High School in Ohio, when a 17 year-old student fired a loaded weapon inside the school cafeteria, killing three and injuring three others.   The families of the three students killed in the shooting sought damages from the shooter’s parents and grandparents who were allegedly liable because of negligent supervision.  The victims’ families were successful in recovering damages for their losses, and in addition, filed a separate action against the school district, claiming that the school failed to provide adequate security or to prevent the shooter from entering the premises with a loaded weapon.

In wrongful death cases such as these, it can be difficult to identify the parties responsible for the loss, or to apportion damages according to the degree of contribution.  Parents, grandparents and other guardians can be responsible for minors under their care who they know to be a risk to the health and safety of others.  In addition, school systems may be liable for the serious injuries or even deaths caused by their failure to maintain a safe and secure learning environment.  If you have lost a loved one in an accident caused by someone else’s reckless conduct, please contact our highly skilled Boston, MA wrongful death lawyers.  Although nothing can ever truly fill the void left by the death of a loved one, our professional and specialized attorneys will help you obtain monetary compensation that will allow you to grieve without the fear of heavy financial burden as well.

Posted in Boston Accident Injury Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Wrongful Death Lawyer | Leave a comment

Providence, RI Firefighter Files $7 Million Lawsuit Against City.

Posted on May 5, 2014 by gil hoy

John Sauro has found himself at the center of a disability pension debate, and now he is filing a $7 million lawsuit against the city that suspended his payments. The Providence firefighter dislocated his shoulder while carrying a person down three flights of stairs in 2000. He collected his disability pension for more than a decade, until a few months ago, when he refused to submit to a follow-up medical examination to confirm his continued disability.

The Rhode Island disability law applicable in this case only requires that an employee be 100% disabled from his job—regardless of whether he is fit to work another job, and that the disabling injury be job-related. The shoulder dislocation was job-related, as Sauro was injured while carrying an individual down three flights of stairs during the course of his work. In 2000, the Retirement Board issued Sauro an accidental-disability pension that totaled $3,902 a month. In 2011, he was required to undergo a follow-up exam to confirm that he remained disabled.

After Channel 12 WPRI released an expose featuring Sauro, he has come under additional scrutiny. The news channel recorded him engaging in strenuous weight-lifting training. Although he claimed this was merely to strengthen his shoulder, the city demanded another medical examination to confirm continued disability. When he refused, they suspended his pension payments. He says the entire ordeal has caused other stress-related health problems and financial difficulties. He has filed a $7 million lawsuit against the city of Providence.

If you or a loved one has been injured on the job, allow our Massachusetts worker’s compensation benefits attorney specialists to get you the compensation you deserve. Workplace injuries can affect the victim’s entire family. So don’t wait another moment before calling 617-787-3700 or emailing info@gilhoylaw.com, 24 hours a day, 7 days a week, to speak with an expert Massachusetts personal injury accident attorney.

We have experts in workers’ compensation law that will work tirelessly to get you the money you deserve, call 617-787-3700 for a free, confidential consultation with one of our highly skilled Boston injury lawyer experts.

Your needs are our top priority!

Posted in Boston Accident Injury Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Worker's Compensation Lawyer | Leave a comment