Archive for November, 2008

Former Jacksonville construction superintendent says he warned of potential disaster

Saturday, November 22nd, 2008

constsA former construction superintendent at the collapsed Berkman Plaza 2 parking garage said he told his bosses about safety concerns involving the support cables months before the deadly Jacksonville construction accident.

Superintendent, Greg Roberts, said a key project engineer warned Choate Construction that support cables designed to strengthen a beam holding up the garage were “not going to work.”

Willie Edwards III, was killed when the building collapsed Dec. 6 while construction crews poured concrete for the sixth story.

Roberts, who left the project when he was asked to resign in July 2007, said he contacted attorneys representing Edwards’ family “so that everything would come out” about events preceding the collapse.

Choate Construction Co., the company Roberts worked for, said last month that the collapse was caused by design problems that had nothing to do with Choate employees. The company said in a news release that it had hired two forensic engineering firms to analyze the collapse, and both found no wrongdoing by Choate.

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Correctional Officer files intent to sue for rape at Duval County Jail

Wednesday, November 19th, 2008

jailA Jacksonville correctional officer raped at knifepoint by an inmate at the Duval County jail notified the Sheriff’s Office this morning that she intends to sue the department for failing to follow its own policies procedures designed to protect her. The big question in her case is if she will be allowed to go forward with this Jacksonville lawsuit against her employer or will worker’s compensation be her only legal remedy.

Worker’s compensation is a system designed to compensate workers injured on the job without regard to fault. Most employers are required by law to participate in the workers compensation system. Benefits under workers’ compensation are very limited and provide partial wage replacement and all medically necessary treatment. Workers’ compensation is the injured employee’s exclusive remedy. When employers properly obtain workers’ compensation insurance for their employees, the law allows them almost complete immunity from lawsuits brought by their employees against them. Under Florida Statute 440.11 an employee can only sue his employer if that employee can prove in court that the employer has engaged in any intentional act that causes harm or is substantially certain to result in injury or death to the employee.

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Funeral home tries to cover up burying the wrong body

Friday, November 14th, 2008

icasksFuneral homes in Florida and around the country continue to make burial mistakes. Schrader Funeral Home in St. Louis mistakenly buried 80-year-old Frederick Schnabel and instead of admitting their mistake tried to cover it up.

It took awhile to convince the funeral home of the mistake.

Before the wake, an employee came in with a makeup kit to see if doing some touchups would help.

“They tried to convince us that they can just fix it,” said one of Schnabel’s two daughters, Jeani Ward of Ballwin. “I said, ‘No, the body is not Dad.’ We had to try to convince Schrader’s it wasn’t Dad. That was the hardest part.”

Finally, the man’s shirt was unbuttoned to check for the scars from Schnabel’s open-heart surgery. The man in the casket had none.

On Friday, the funeral home declined to talk to the Post-Dispatch, referring questions to the Fleishman-Hillard public relations firm. The firm said Schrader “deeply regrets the extraordinary mistake” and said it was the first of its kind in the funeral home’s 140-year history.

Schrader Funeral Home also refunded the cost of both funerals and “at its own expense, provided completely new, second funerals including caskets, ministers, police escorts, floral arrangements, transportation and burial services,” the firm said.

And finally, Schrader has implemented a new rule: Bodies must have identification tags before coming to the funeral home.

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Florida Supreme Court makes it easier for Jacksonville employees hurt on the job

Monday, November 10th, 2008

workThe Florida Supreme Court recently declared the Worker’s Compensation Law, enacted by the Florida Legislature in 2003, to be ambiguous. finding that claimant’s attorneys are entitled to recover a “reasonable” attorney’s fee. This decision will allow Jacksonville workers injured on the job and in the entire state of Florida to hire lawyers to assist them when their worker’s compensation carrier fails to live up to their obligations to provide medical and lost wage benefits.

The prior law resulted in injured claimants having great difficulty pursuing claims to pursue desperately needed Workers’ Compensation benefits, when they were wrongfully delayed or denied. Those difficulties allowed many insurance companies to improperly treat the injured workers without fear of being sued. Now, carriers will have to think twice before denying or delaying an injured worker’s rightful benefits.

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Preventing Jacksonville Car Accidents: New Software poised to block drivers from using a cell phone while driving

Saturday, November 1st, 2008

bus Aeriliss Mobility, a Canadian software company, announced Monday that it has developed software called DriveAssistT that will detect whether a cell phone is moving at car speeds. When that happens, the software will alert the cellular network, telling it to hold calls and text messages until the drive is over. Each year hundreds of people are serious in Florida automobile accidents caused by drivers talking on cell phones.

The software doesn’t completely block incoming calls. Callers will hear a message saying the person they’re calling appears to be driving. They can hit a button to leave an emergency voice mail, which is put through immediately.

Several states, including New York and California, have introduced laws against talking on a cell phone while driving, but they still allow the use of hands-free devices like Bluetooth headsets. However, studies have shown that hands-free devices may not help. It appears that it is the distraction of dialing or talking that is dangerous, rather than the act of taking a hand off the wheel.

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