Archive for June, 2008

Florida woman killed by her own dogs when she attempts to stop them from fighting

Sunday, June 29th, 2008

dpgsA 74 year old Florida grandmother died last week after being attacked by her own two dogs.

On Thursday, police say, the two pets attacked Loraine May, leaving May with a dislocated shoulder and too many bite marks on her body to count. “This poor woman endured a vicious attack,” Lt. Todd Hutchinson, a Titusville police spokesman, said Friday.

Police theorize that May was breaking up a fight between the dogs, who, according to a relative, are mother and son. The animals, which May had owned since they were puppies, had a history of fighting with each other, Hutchinson said.

The relative said the 11-year-old female golden-retriever mix is named Sammy, and the 6-year-old male Australian-shepherd mix is called Seth.

They are being held in separate cages at Brevard County Animal Services and Enforcement in Melbourne while workers there conduct an investigation, said the services’ Capt. Bob Brown. They could be euthanized as early as next week.

Experts agree that no one should attempt to break up a dog fight. The following are methods that should be used if you do try to break up a dog fight: If two people are both available they should grab the hind legs of the dogs, not the head or body, a blanket can be thrown over the dogs to disorient them which allows to be removed.

Distract the dogs by throwing an object at them and lastly water can be poured on them or a hose can be used.

If you or a loved one has been attacked or bitten by a dog in Jacksonville call the Law Offices of Henry E. Gare at (904) 387-6101

Florida Dog Bite Verdict Overturned

Friday, June 27th, 2008

imaAs a Jacksonville attorney who continues to represent people attacked by dogs this story is very disappointing. This month a Florida appellate court overturned a $2.25 million jury verdict against the city of Delray Beach in a vicious dog attack that left a woman without use of her right arm.

In 2002, hotel housekeeper Marguene St. Juste was attacked by two Rottweiler mixes — Fuzzy and Cinny — as she walked along Northeast Third Avenue. Many prior complaints had been made to the city about these dogs running loose.

Last year, a Palm Beach County jury awarded St. Juste $3.7 million for past medical bills, lost wages, future earning capacity, pain, suffering, mental anguish, physical impairment and loss of capacity for enjoyment of life in the past and money for the future. Jurors found Delray Beach to be 60 percent liable and the dogs’ owner, Keli Nowling, to be 40 percent liable. Collecting any money from Nowling might prove fruitless. After the attack she left Florida and did not mount a defense at trial.

In a two-to-one decision, the 4th District Court of Appeal ruled that the decision by Delray Beach’s animal control officer and police not to impound the dogs was discretionary and therefore the city was immune.

What do we have to do as citizens to keep ourselves and our children safe from vicious dogs? Too many times we see neighbors who let their dogs run wild on our streets. I am sure that this verdict sent a message to the city of Delray Beach to take these complaints more seriously.

If you have seen a dog roaming free in your neighborhood I would urge you to call Jacksonville Animal Care and Control at (904) 387-8963. If you have been attacked or bitten by a dog please call The Law Offices of Henry E. Gare at (904) 387-6101.

Compassionatefriends.org: Support for those Jacksonville parents who have lost a child in an accident

Wednesday, June 25th, 2008

In our Jacksonville law practice we represent parents who have gone thru the nightmare of losing a child because of an accident. I recently came across a support group that is doing a great job of helping those parents. It is compassionatefriends.org.

The mission of The Compassionate Friends is to assist families toward the positive resolution of grief following the death of a child of any age and to provide information to help others be supportive.

The Compassionate Friends is a national nonprofit, self-help support organization that offers friendship, understanding, and hope to bereaved parents, grandparents and siblings. There is no religious affiliation and there are no membership dues or fees.

The secret of TCF’s success is simple: As seasoned grievers reach out to the newly bereaved, energy that has been directed inward begins to flow outward and both are helped to heal. The compassionate friends have chapters all over Florida including Jacksonville, Flagler and Lake City. I would encourage anyone who has suffered the horrible loss of a child to visit the website and contact your local chapter.

Jott.com My favorite new tool for note taking

Monday, June 23rd, 2008

970174_note_blockMy favorite new computer tool is Jott.com. It is an easy way to email yourself a note when you are not in your law office. All you do is set up a Jott account on your computer. The next time you have thought or idea you don’t want to forget you use your cell phone to call Jott. For example, I might be driving and remember that I need to call a defense attorney regarding an upcoming hearing. I call Jott on my cell phone and leave myself a message. Jott than emails me the note. I used to carry around a digital voice recorder but I have found Jott to be much easier.

Don’t get burned Jacksonville. Turn down those hot water heaters

Monday, June 23rd, 2008
hot_water_burn_scalding

The graph above demonstrates possible thermal injuries to the skin arising from varying hot water temperatures over time. Note the nearly logarithmic progression.

In Jacksonville hundreds of people each year are burned by hot water. Last year there were over 3,000 people in this country burned by excessively hot tap water. 34 of these injuries involved death. The majority of these accidents involve senior citizens and children under the age of five. The U.S. Consumer Product Safety Commission (CPSC) urges all users to lower their water heaters to 120 degrees Fahrenheit. We have represented adults and children burned by hot water from baths, showers and even hot coffee.

Most adults will suffer third-degree burns if exposed to 150 degree water for two seconds. Burns will also occur with a six-second exposure to 140 degree water or with a thirty second exposure to 130 degree water. Children and elderly adults will burn even quicker because of their thinner skin.

Various procedures for lowering water temperature in the home exist, depending on the method of heating. Here are some suggestions:

Electric water heaters. Call your local electric company to adjust the thermostat. Some companies offer this service at no-charge. Hot water should not be used for at least two hours prior to setting. To make the adjustment yourself, start by shutting off current to the water heater, then turn off the circuit breaker to the heater or remove the fuse that serves the heater. Most electric water heaters have two thermostats, both of which must be set to a common temperature for proper operation. To reach these thermostats you must remove the upper and lower access panels. Adjust the thermostat following the instructions provided with the appliance. Hold a candy or meat thermometer under the faucet to check water temperature.

Gas water heaters. Because thermostats differ, call your local gas company for instructions. Where precise temperatures are not given, hold a candy or meat thermometer under faucet for most accurate reading first thing in the morning or at least two hours after water use. If reading is too high, adjust thermostat on heater, according to manufacturers instructions, and check again with thermometer.

Furnace heater. If you do not have an electric, gas, or oil-fired water heater, you probably have an on-line hot water system. Contact your fuel supplier to have the temperature lowered. If you live in an apartment, contact the building manager to discuss possible options for lowering your tap water temperature. Reducing water temperature will not affect the heating capacity of the furnace.

The CPSC notes that a thermostat setting of 120 degrees Fahrenheit (49 degrees Celsius) may be necessary for residential water heaters to reduce or eliminate the risk of most tap water scald injuries. Consumers should consider lowering the thermostat to the lowest settings that will satisfy hot water needs for all clothing and dish washing machines.

Never take hot water temperature for granted. Always hand-test before using, especially when bathing children and infants. Leaving a child unsupervised in the bathroom, even if only for a second, could cause serious injuries. Your presence at all times is the best defense against accidents and scaldings to infants and young children.

We all have gotten used to the temperature of our showers and our baths. The problem is that most of us turn on both the cold and the hot water faucets at the same time. Unfortunately we only realize that our hot water is too hot when a child or guest only turns on the hot faucet. We urge everyone to check their hot water heaters. If you or someone in your family has been burned please contact us at (904) 387-6101