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Attorney Primrose Coaches Trial Team to Win

Thomas Dennis / 01-27-2015 / Attorney

On Friday, January 23rd, the Barry Law Trial Team won the prestigious Chester Bedell Mock Trial Competition hosted annually by the Trial Lawyers Section of the Florida Bar. The team comprised of Luis Herrera and James Smeriglio advocating and witnesses Nicole Metzgar-Schall and Will Sepulveda made history by being the first Barry team to win […]

Thomas Dennis / 01-26-2015 / Consumer Safety

A majority of this week’s recalls listed involve food product recalls, some due to undeclared allergens, while others are due to lack of inspection and/or potential contamination. It is important to be aware of the ingredients in the products you purchase especially for those with allergies to particular items such as peanuts, eggs and dairy. […]

Thomas Dennis / 01-16-2015 / Attorney

Starting on January 1 of this year, our own Nicholas A. Primrose will be leading the Barry Alumni Board as its President. As a long-time supporter of Barry Law School we would like to congratulate Mr. Primrose in his election to this prestigious post. Joining Nick on the Board will be Mr Michael Sasso as […]

Thomas Dennis / 12-19-2014 / Consumer Safety

Most of this past week’s recalls are for consumer products. If you have purchased any of the following items please discontinue use, keep out of reach of small children and contact the appropriate producer to determine which step to take in order to return or obtain a refund. Recalls RSS WindowTex Recalls Custom Roller Shades […]

Thomas Dennis / 12-15-2014 / Consumer Safety

Most of this past week’s recalls are for various food related allergies. If you have a food allergy, please make sure you check products being used in the food you’re purchasing. Recalls RSS Bicycle Helmets Recalled by UVEX Sports Due to Risk of Head Injury (Fri, 12 Dec 2014 09:30:00 GMT) Helmet’s chinstrap can fail, […]

Thomas Dennis / 12-05-2014 / Consumer Safety

This week sees a lot of recalls from the NHTSA on vehicles and tires. Check to make sure your car isn’t on the list and check with your local mechanic if it is. National Highway Traffic Safety Administration Vehicle Recalls YAMAHA ( 14V644000 ) (Thu, 04 Dec 2014 06:00:01 EST) Dated: OCT 13, 2014 Yamaha Motor […]

Thomas Dennis / 12-02-2014 / Case Law

On November 26, 2014, the Fourth District Court of Appeal issued an opinion explaining that unemployment compensation benefits do not fall under the collateral source rule and are not to be set-off from a jury verdict. The case was Hurtado v. Desouza, (Fla. 4th DCA Nov. 26, 2014). Judge May delivered the opinion. The facts of […]

Thomas Dennis / 10-17-2014 / General Firm News

Around 1914 Elizabeth Shine Woodruff, wife of Seth Woodruff, County Tax Collector for many years in Orange County wanted to build her dream home. The Woodruff and Shine families were extensive landholders in the Orange County area and families of great influence. The Woodruff home, where our attorneys now practice, was the first all-brick building […]

Thomas Dennis / 10-01-2014 / Auto Accidents

Immediately following an accident victims are often faced with the need for medical care, expenses incurred as a result of medical care, wage loss, and injuries that can be long lasting or permanent. Regardless of the accident or incident which caused the injuries, often the Plaintiff is stuck with expenses and required to live with […]

Thomas Dennis / 06-19-2014 / Dangerous

In 2013, on July 29th, thousands of 20-pound propane tanks exploded off County Road 448 in Tavares, FL. Eight people were seriously injured including being critically burned in the conflagration that shut down the Blue Rhino processing plant. Investigators are now stating that, as was expected, the explosion was caused by human error. (Orlando Sentinel) […]

Thomas Dennis / 06-12-2014 / Attorney

Over the weekend, the country woke to news that famed comedian, star of NBC’s 30 Rock, Tracy Morgan, along with a handful of others, were involved in a deadly multi-vehicle collision on the New Jersey Turnpike. According to authorities, the accident was caused when a Wal-Mart tractor-trailer crashed into a limousine bus carrying Mr. Morgan and […]

Thomas Dennis / 05-15-2014 / Auto Accidents

The first sentence in the ABC News story should send chills to everyone who drives, “because of a badly flawed and archaic government recall system, millions of potentially dangerous recalled tires remain on the roads, on store shelves for sale, or simply unaccounted for.” In fact, the problem is so severe and the potential risk […]

Thomas Dennis / 04-29-2014 / Consumer Safety

Ontel is recalling ISO7X isometric exercise equipment, after it was discovered that the devices contain a defect with the handle grips which can cause parts to come free and forcefully ejected from the shaft of the device. The ejection of parts of the device can potentially cause injury to the user and or bystanders. The […]

Thomas Dennis / 04-14-2014 / Dangerous

After the deaths of two siblings in Massachusetts, the U.S. Consumer Product Safety Commission (CPSC) has renewed its warning to consumers about the risks associated with storage, hope, cedar and toy chests. Millions of storage chests and toy boxes pose the risk of automatically closing and latching shut. As a result of the chests latching […]

Thomas Dennis / 04-11-2014 / Consumer Safety

April 1, 2014, Dyson issued a recall of its Bladeless Portable Electric Heaters. The heaters were found to in some cases develop an electrical short and overheat, increasing the risk of a fire hazard. The recall is expected to affect about 338,000 units of the heaters sold in the U.S. and about 43,000 units of […]

Thomas Dennis / 03-31-2014 / Auto Accidents

Today, the National Highway Traffic Safety Administration (NHTSA) issues a regulation requiring all vehicles to have rear-view visibility (i.e. backup cameras). This rule will apply to all vehicles under 10,000 pounds and must be accomplished by May 2018. U.S. Transportation Secretary Anthony Foxx released this statement with the ruling, “safety is our highest priority, and […]

Thomas Dennis / 03-27-2014 / Auto Accidents

The SunRail trains are warming up and getting ready for their May debut across Central Florida, but faulty railroad crossing arms may lead to more injuries. So far, SunRail trains cross streets at 127 different locations, each one being another point for a dangerous collision. WESH investigated these crossing and uncovered that the SunRail crossings […]

Thomas Dennis / 03-27-2014 / Consumer Safety

On March 20th, Bedz King operating out of Arlington, Texas, recalled approximately 2,900 bunk beds with side ladders. The bunk beds have been recalled due to a discovered entrapment risk posed by the beds having a protruding corner post, which exceeds the industry standard of 5mm. The recalled bunk beds were sold in twin over […]

Thomas Dennis / 03-25-2014 / Confidentiality

Breach of Confidentiality Agreement Costs Family Settlement Money In an odd twist of events, a Facebook post ended up costing a family $80,000 from a prior settlement. A case from Coral Gables made national headlines when a Plaintiff’s daughter posted on Facebook the regarding a confidential settlement. Patrick Snay was the former head at Gulliver […]

Thomas Dennis / 02-19-2014 / Consumer Safety

As of January 12, 2014, Winn Dixie announced an immediate recall of 30 oz. canisters of the store’s Instant Chocolate Drink Mix, with the expiration date JUL 14 15B. The product was pulled fro the shelves of Winn Dixie locations throughout Florida due to a potential incorrect formula mixture, which could result in an undeclared […]

Thomas Dennis / 02-17-2014 / Auto Accidents

Ford Motor Company has launched a recall of steering gears installed on model year 2011-2012 Explorers, which were service parts in September 2013 and January 2014. The gears that were installed may lock, preventing the driver from properly steering the vehicle. The defective steering components cause an increased chance of crash. “It is important to […]

Thomas Dennis / 11-19-2013 / Consumer Safety

As technology advances so must the law in order to provide remedy disputes involving social media and other internet claims. Advertising on social media has presented a new way for companies to gain attention of possible consumers. Social media websites like Facebook and Twitter are increasingly popular among users and this drives the desire to […]

Orlando Personal Injury Lawyers of Wooten, Kimbrough, Damaso & Dennis

Thomas Dennis / 11-01-2013 / Firm News

For the fourth year in a row, Wooten Kimbrough, P.A has been named a Tier 1 firm in Orlando for Personal Injury Litigation – Plaintiffs by U.S. News – Best Lawyers® “Best Law Firms” in 2014. Wooten, Kimbrough, Damaso, and Dennis, P.A., an Orlando injury law firm with more than 100 years of combined experience between its […]

Thomas Dennis / 11-01-2013 / Defective products

In August 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled its ASR hip system. The recall came into effect because of unpublished data from a joint registry in the UK showing the replacement hip’s low rate of success. The intended lifespan of the hip was 15 years, but DePuy’s ASR XL device was […]

Thomas Dennis / 10-22-2013 / Consumer Safety

The firearm industry faces surmounting pressure on a daily basis for creating weapons capable of death, mostly in the form of gun control. However, this time firearm leader, Remington Arms Co. is facing litigation over alleged faulty defects in its Model 700 bolt-action rifle. Three separate class-action lawsuits have been filed in Montana, Missouri, and […]

Thomas Dennis / 10-10-2013 / Consumer Safety

If you caught the morning news today, you probably saw a short video and reference to Universal Orlando’s Hollywood Rip Ride Rockit roller coaster. Last night 12 passengers on the coaster were stuck for more than two hours near the top of the coaster’s first climb. Today, we’d like to discuss what happened. According to […]

Thomas Dennis / 10-09-2013 / Consumer Safety

Halting the joys of a day at the park for nearly 12 guests the Rip Ride Rockit Roller Coaster at Universal Studios Orlando has been stuck at the top of its arch for nearly two hours as of this posting. The Universal guests stuck at a nearly 90° angle just below the peak of the […]

Thomas Dennis / 09-23-2013 / Dangerous

The Palm Beach Post ran an article announcing that a 75-year-old Boca Raton widow won $3.8 million on Friday after a jury found two tobacco companies responsible for her husband’s death. Kathleen Gafney Hanners filed suit on her husband, Frank Gafney’s behalf after he died in 1995 at the age of 59 from lung cancer. […]

Thomas Dennis / 09-03-2013 / Consumer Safety

The Northern District of California Federal Court is turning into a scene from “Animal House” with fighting left and right. This is not the typical food fight we all know and remember, but a legal battle over labeling and healthy food choices. According to Contra Costa Times, “class-actions lawsuits have piled up […] targeting the […]

Thomas Dennis / 08-22-2013 / Consumer Safety

Over the past three years, Central Florida’s court system has been a hotbed for national attention. This time though, the attention isn’t turning a negative light on the community, but rather trying to right a wrong. Right now in a Hernando County courthouse, the trial of Mr. John Rizzuto’s against Phillip Morris and Liggett Group […]

Thomas Dennis / 08-17-2013 / Auto Accidents

A tragic accident occurred yesterday on Disney property, leading many to be concerned over the safety of the theme park operations. A female Orlando resident, passed away yesterday when her vehicle collided with a Disney Magical Express bus near the Epcot theme park. It is unclear how the accident occurred, however reports from the Florida Highway Patrol indicate […]

Thomas Dennis / 08-08-2013 / Medical Malpractice

In the latest issue of Consumer Reports the two largest hospital systems in Central Florida received a less than ideal prognosis. This new report, which evaluated surgical safety of over 2500 hospitals across the nation, based their ratings on Medicare billing claims, and took into account 27 different types of surgeries. Orlando Health and Florida […]

Thomas Dennis / 08-02-2013 / Consumer Safety

Details are slim about who was injured and how on the Hollywood Rip Ride Rocket roller coaster in Universal Park Orlando yesterday. The only information released by the park is that the rider was female, the injury was minor, and that after treatment she was released back into the park. This minimal information is probably […]

Thomas Dennis / 07-22-2013 / Dangerous

Little did she know, but Rosy Esperaza’s first trip to Six Flags, would also be her last. This past weekend, Rosy Esperaza lost her life while riding The Texas Giant, one of the monstrous rides at Six Flags Over Texas, and what they coin as the “the world’s steepest drop!” Rosy Esperaza was seated alongside […]

Thomas Dennis / 07-15-2013 / Legal Procedures

A motion in limine (pronounced li-meh-nee or li-meh-nay) is a motion written and filed with the court or made orally in court asking the judge for a preliminary ruling on how certain evidence will be treated during the trial. We, as the attorneys for clients in injury and death cases, ask the court to decide […]

Thomas Dennis / 07-05-2013 / Boat Accidents

In a tragic parasailing accident Monday left two 17 year-old tourists, Sydney Good and Alexis Fairchild, from Indiana hospitalized and in critical condition. The accident occurred when the cord holding the parasail to the tow boat snapped. This left the sail and the attached teen girls adrift in the winds above Panama City Beach, FL. […]

Thomas Dennis / 06-28-2013 / Airplane Accidents

Chuck Rohr, the 73 year old founder of Rohr Balloons, remained calm as the Hot Air Balloon he was piloting drifted into power lines yesterday east of Eustis, FL. “I felt I had it under control,” he told reporters. “If I had panicked something major could have happened.” One of the passengers aboard the balloon […]

Thomas Dennis / 06-06-2013 / Consumer Safety

Whether you purchased it at one of the big box stores, or went to the local bike shop, getting a new bike is a huge part of childhood. Learning to ride for the first time, and finally being able to take off the training wheels are memories that bring a smile regardless of age. As […]

Thomas Dennis / 04-15-2013 / Auto Accidents

After last week’s crash involving a tourist bus in Texas, a great deal of attention has suddenly been put on the tourist bus industry. Questions about safety, maintenance, and training are drawing the most attention in these talks, and serious considerations may be made by both Federal and State regulatory commissions. But are the buses […]

Thomas Dennis / 09-24-2012 / Boat Accidents

A man was killed in a boating accident over Labor Day Weekend near Miami’s Venetian Causeway Bridge. According to reports, the victim was speeding on a personal watercraft and collided with a 22-foot boat just after 10 p.m. A Sea Tow operator heard the crash and saw two men in the water, one unconscious. The […]

Thomas Dennis / 09-14-2012 / Boat Accidents

The Florida Fish and Wildlife Conservation Commission is investigating a recreational boating accident that occurred at Fort De Soto Park near Tampa in Pinellas County, according to sources. The accident occurred around 8 p.m. on the Friday before Labor Day Weekend, and investigators believe alcohol may have been a factor. A 20-foot Mako boat carrying […]

Thomas Dennis / 09-10-2012 / Auto Accidents

A car accident on State Road 408 killed two on the morning of August 30, according to the Orlando Sentinel. Reports from the Florida Highway Patrol say the driver of a black Hyundai Elantra crossed over into oncoming traffic in the eastbound lanes, colliding head-on with a Toyota Corolla. Shortly after the collision, the Hyundai […]

Thomas Dennis / 09-03-2012 / WKN News

A school bus in Orange County, Florida carrying a group of special needs students was involved in an accident on August 22, according to the Orlando Sentinel. According to reports the bus struck a red Hyundai. None of the passengers suffered injury. The bus accident occurred at the intersection of Glenrod and Bates, with early […]

Thomas Dennis / 08-31-2012 / Boat Accidents

A Connecticut woman on vacation with her husband in Florida died in a tragic parasailing accident on August 15, according to sources. Stephen Miskell, 31, and his wife Kathleen Miskell, 28, were parasailing together 200 feet above the ground off the coast of Pompano Beach when Kathleen’s harness broke. Kathleen plummeted into the water and […]

Thomas Dennis / 06-04-2012 / Car Accident

Many of us are aware of the risks and penalties inherent in driving while intoxicated, but driving while “intexticated” is every bit as dangerous. The video above effectively demonstrates the difficulty the average driver might have in acquiring a driver’s license if the test required him or her to pass a texting test at the […]

Thomas Dennis / 05-28-2012 / Auto Accidents

In the video above, John Templeton, Jr. recalls leaving a Florida bar in 2002 after night of drinking when he was 19 years old and how his next memory was waking up to find himself handcuffed to a hospital bed with a state trooper informing him that he was responsible for the death of 18-year-old […]

Thomas Dennis / 05-04-2012 / Dangerous

Jaclyn Raulerson was bullied so severely in the fifth grade that she had to change schools. She was teased because of her height, telling the Tampa Bay Times, “I was more willing to take the abuse than to tell someone.” She began to use beauty pageants as a refuge from the bullying and, as you […]

Thomas Dennis / 04-27-2012 / Auto Accidents

On Monday, we began to discuss the 2012 National Work Zone Awareness Week, which runs from April 23-27 this year. The national program now involves virtually every state in country, and the video above is one from the Texas Department of Transportation (TxDOT). The video features construction workers each offering what they think is the […]