Alcohol and Rule Violations Lead to ATV Accident

Our clients, husband and wife, were guests at the annual Wild Hog jamboree and barbecue held at the Everglades Conservation and Sportsman’s Club in the Everglades. The driver of an ATV on which our clients were riding lost control of the vehicle, which slid through mud and into the side of a parked truck. The impact caused severe leg fractures that led to multiple surgeries for both clients. Dissatisfied with the discouraging case evaluation previously provided by two separate law firms, the injured husband and wife retained us. We successfully refocused the case as an inadequate security premises liability claim. Extensive discovery revealed not only that the driver of the ATV had been drinking but that she was the wife of the untrained club member chief of security for the event. Also, the ATV that had been specially designated for security use at the event was not designed to hold passengers. In addition, club rules governing the operation of ATVs during the event were probably violated. As the trial date approached, our clients accepted a favorable settlement offer of $800,000.

When a healthcare provider fails to meet the governing standard of medical practice, the negligent act can result in serious injury or even death. This past year, we successfully represented many hurt by these costly blunders.

Gerson & Schwartz P.A. founded by Phil Gerson in 1970 and joined by Ed Schwartz in 1981 and continues its 43-year commitment to use all legal means to obtain justice for its clients. Over the long time span that the firm has been committed to helping victims of crime, negligence, and defective products, great success has been achieved. Recognition as a top-notch plaintiffs law firm has come with hard work to make our civil justice system function as it should where injustice has harmed people. Senior partner Phil Gerson said, “We have not won every case we’ve tried. No lawyer has. We have the humility to admit sometimes that the system disappoints us. We are proud that every client has always gotten our best possible effort and has been treated with professionalism and respect. We will continue this tradition for all clients.

Looking ahead to 2014 and beyond, our firm sees many changes in the legal profession - changes that will impact not only the way we try cases, but also in the laws that impact your rights. The legislature continues to favor business over the individual, as evidenced by recent decisions regarding liability, punitive damages and a host of other issues that, if left unchallenged, will continue the steady erosion of victims’ rights that we have witnessed over the past few years. The law firm of Gerson & Schwartz P.A. is committed to meeting these challenges head on, and we will continue to be tireless advocates for individual rights and freedoms.

Our commitment to helping crime victims legal work, fundraising efforts, and own financial doesn’t stop at the courtroom door. Over the past decade, we’ve been active participants — and supporters — of key victims’ advocacy groups, including the National Center for Victims of Crime, in Washington, D.C., and the Victims Service Center in Miami, both of which count Phil Gerson as a dedicated board member. Through our hands- on service, conference presentations, pro bono contributions, we’re continually working to assist crime victims — and those who work with them — seek answers, redress, and justice. This year we increased our gifts to both the NCVC and VSC — and we’ll remain active in the future, too. Because protecting, and enforcing, the rights of those victimized by crime is among the most important work any lawyer will ever do.