Faddis&Faddis

Current Cases

Construction Site Accident - Fall Through Skylight (Alachua County)

In this case, our client, who owned a paint supply store was asked to check a piece of machinery on the roof of a hangar at the Gainesville Regional Airport. Contrary to OSHA regulations, the roofing company had not secured the skylights on the roof of the hangar with protective netting and barricades to prevent people from falling through the lights to the ground 25 feet below. While he was being led to the piece of machinery on the roof, our client fell through an unprotected skylight to the concrete floor below. By all accounts, our client should not have survived this fall. In fact, the vast majority of OSHA incident reports of similar workplace skylight falls indicate the victim died as a result of the trauma and injuries caused by the fall. Luckily, our client was not killed. He was, however, seriously and permanently injured.

In an effort to protect himself during the fall, our client landed on his arm, which was pulverized by the impact. He also struck his face on the concrete severely fracturing the bones in his face. As a result of the injuries he suffered, our client can no longer work and was forced to sell his interest in the business he helped found and grow.

Nursing Home Neglect / Falls With Fractures (Citrus County)

In this case, our client was admitted to the nursing home due to her increased risk for falls. During the first several months of her residency, the nursing home staff carefully monitored her condition and provided necessary assistance with her activities of daily living. As a result, our client sustained only one fall with no resulting injuries.

Unfortunately, several months into our client's residency, the facility underwent a renovation, so our client was removed from her original room and placed in a new room with caretakers who were not adequately knowledgeable or trained on her specific needs. Consequently, the staff left our client unattended while toileting, she fell and sustained a fractured pelvis and dislocated shoulder. As a result of these injuries, our client became bedridden and suffered multiple pressure ulcers and skin breakdown.

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Medical Malpractice and False Imprisonment (Orange County)

In this case, our client, who owned a paint supply store was asked to check a piece of machinery on the roof of a hangar at the Gainesville Regional Airport. Contrary to OSHA regulations, the roofing company had not secured the skylights on the roof of the hangar with protective netting and barricades to prevent people from falling through the lights to the ground 25 feet below. While he was being led to the piece of machinery on the roof, our client fell through an unprotected skylight to the concrete floor below. By all accounts, our client should not have survived this fall. In fact, the vast majority of OSHA incident reports of similar workplace skylight falls indicate the victim died as a result of the trauma and injuries caused by the fall. Luckily, our client was not killed. He was, however, seriously and permanently injured.

In this case, our client, a twelve year old girl, presented to a hospital Emergency Room in Apopka on a Sunday afternoon exhibiting bizarre and highly unusual behavior. According to the girl's parents, she had been home with her family all weekend, and began acting bizarrely after church on Sunday. Although the girl had absolutely no history of drug use and was an above-average student, the Emergency Room physician assumed she had taken illicit drugs and suspected a drug-induced psychosis, so he ordered a comprehensive drug screen to determine what drugs she had taken. The drug test came back negative.

Despite the negative drug test and history inconsistent with drug use, our client was Baker Acted and involuntarily detained at the hospital. The following day, the involuntary institutionalization continued, and our client was transported to a behavioral center in Kissimmee, Florida. After two days, our client was found unresponsive and transported to the local Emergency Department where she was diagnosed with viral encephalitis, which was the cause of the bizarre and unusual behavior. Sadly, none of the medical professionals involved in her care at either the hospital or psychiatric facility recognized the clear signs and symptoms of the encephalopathy and continued to hold our client captive and treat her as a drug abuser. Additionally, the careless treatment by the various healthcare providers and facilities completely denied our client's other access to her young daughter for several days.

As a result of the negligence of the hospital and emergency room physicians, and the improper detainment of our client, our client was deprived of necessary and essential medical care, and equally important, her mother was deprived of the opportunity to provide the love and support her daughter so desperately needed and deserved during that critical time.

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Medical Malpractice / Failure to Diagnose Prostate Center (Volusia County)

In this case, our client underwent a PSA Screen on an annual basis with his primary care physician in Deland, Florida. Our client was not informed that his PSA test results had risen over a three year period, and was identified as "abnormal" on a PSA test result. His physician never informed him of the abnormal test results, despite our client having two appointments with the doctor after the doctor had received the abnormal test result indicating our client had prostate cancer. The doctor inexplicably failed to tell our client about the troubling test results, which deprived him of the opportunity to seek appropriate treatment.

Approximately one year after the abnormal test result, our client's cardiologist ordered blood work and a PSA test. At that time, our client's PSA test result was significantly abnormal, and according to his oncologist, the cancer had spread outside the prostate. Our client is currently undergoing extensive cancer treatment and has a significantly reduced life expectancy.

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Construction Site Accident (Orlando, Orange County)

In this construction site accident case, our client, an electrical contractor, was performing a walk-through of his company's work in preparation for a county inspection. As he was walking and looking at the electrical work in the ceiling, he moved a piece of a two by four that was leaning against a wall in front of him. Unbeknownst to him, the piece of lumber was propping up approximately fifteen sheets of gypsum drywall board that had been placed on the site by a materials supplier. As our client moved the piece of lumber, the propped-up stack of drywall fell onto his leg and pinned him beneath a thousand pounds of drywall. The impact crushed his leg very badly and has resulted in a permanent painful injury that will affect his ability to walk for the rest of his life.

On the day of the accident, one of our client's workers asked the contractor to move the stacked drywall, because it was stacked in front of an area in which he needed to place some electrical boxes. The contractor refused to move the drywall, because "it is heavy." Interestingly, the contractor blames his drywall supplier for stacking the drywall instead of laying it flat on the floor. He also blames our client's worker for stacking the drywall, because he asked his own employees if they stacked the drywall and they denied doing so. The drywall supplier claims that, in the absence of specific instruction from a contractor, they would have laid the drywall flat on the ground, because if it were leaned against a wall, it would be a danger to the workers at the site. Due to the danger of drywall leaned against a wall, the supplier places a bright orange warning sticker on the boards every time that particular supplier leans it against a wall at a site. This sticker was absent from the boards that fell on our client.

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Products Liability - Industrial Accident - Wrongful Death (Volusia County)

In this tragic case, our clients' son was killed when he fell into a large machine used to dye cypress mulch with red dye. He was horribly crushed and dismembered by a large auger that turned the mulch to coat it with dye. We sued several entities in this case as a result of the death, including the company where the man worked, the manufacturer of the machine, and the company that designed the machine, because each of the defendants played an important role in the death.

When too much mulch was placed in the machine, it would form a "bridge" and clog, so the workers would be required to turn the machine off, break the bridge with tools, and clear the mulch by hand. This process was time consuming and labor intensive, which decreased the amount of mulch that could be produced every hour and thereby decreased the profitability of the business. Put simply, if the machine wasn't running, it wasn't making money-it was costing money. So, the machine was run at all costs in order to maximize its profitability.

In order to avoid shutting the machine down, the owner and operator of the company instructed his employees to leave the machine running and poke or hit the bridged mulch with pitchforks or other implements in order to break the bridge and keep the machine running. Because the machine was so tall, the workers would have to stand in the bucket of a front end loader tractor to reach the mulch with a pitchfork. This created an obviously dangerous situation for any workers attempting to remove the clogged mulch as they stood over the mouth of a large industrial machine in the front bucket of a tractor poking at a large quantity of stuck mulch.

The machine was designed and manufactured with two important defects. First, the machine routinely bridged with mulch which necessitated shutting it down and unclogging it by hand (or dangerously poking the mulch from overhead). Second there was no safety grate or other means to prevent people from falling into the hopper when the machine was running. The manufacturer and designer claimed the machine was capable of producing a certain quantity of dyed mulch per hour, which made the machine an attractive and profitable addition to a landscape products company. However, these production figures did not account for the significant time the machine was out of operation while being unbridged or unclogged.

Not surprisingly, the Occupational Health and Safety Administration (OSHA) issued numerous citations to the landscape materials company as a result of its unsafe workplace practices that put workers in grave danger. These citations are important evidence of the company's wrongdoing.

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135,601
- Accidents resulting in
injuries in 2010

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