Posted On: July 13, 2009

Woman Brutally Beaten on Premises of Her Apartment Complex

Thankfully, most of us will never be victims of assault, but it does happen all too frequently, and many times it is due to inadequate security at the facility where the crime occurs.

One such event took place in Boca Raton, Florida one August evening after the victim of this Florida premises liability case returned home from a dinner party at a friend’s home at approximately 1:30 a.m. The victim in this case was a 44 year old married woman who was at the time separated from her husband and living alone in an apartment complex.

This particular evening, after having only one drink at the dinner party, the victim accepted the offer of a friend to drive her home. The friend dropped her off at the entrance to her apartment complex, and she remembers walking into the complex by the guard gatehouse and waving at the guard. However, she does not recall whether he saw her and she definitely does not know whether he acknowledged her wave.

On her way to her apartment, she was accosted and brutally beaten by assailants and left for dead. The victim, thankfully, has no recall of the incident. According to the police, she was apparently beaten near the dumpster in the complex, as there was a lot of blood in that area and on the wall next to the dumpster. At this time, it is unclear whether the victim was struck by someone’s hands or a blunt object. The police believe she was either dragged from the dumpster toward her door or she crawled on her own because there was evidence on both of her elbows and knees of being dragged. The only thing taken from this victim was her purse, but no jewelry and unbelievably she had a $2,000.00 bracelet on her arm that was not taken.

She was eventually found by a neighbor who lives on the third floor of the complex (our victim lives on the first floor) at approximately 4:00 a.m. on the ground near her apartment door unconscious. The beating was so severe and disfiguring that the neighbors were unable to identify her but told the responding officers that they thought she was the female that resided in Apartment 14.

The victim was taken to Delray Medical Center as a trauma patient. She was admitted and treated for multiple facial lacerations, facial trauma, subcranial hemorrhage, abrasions to her feet, legs, back, arms, buttocks and obvious emotional injuries. Radiology reports revealed a fractured nasal bone, a potential fracture to her mandible and the previously mentioned subarachnoid brain hemorrhage. She was discharged after several days to be followed up by her physicians which included a neurologist, psychiatrist, maxillofacial surgeon, and dentist.

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Posted On: July 6, 2009

Bicyclist in Juno Beach, Florida Struck by Drunk Driver and Killed

According to national statistics, there are approximately 100 million bicycle riders in the United States. In 2007, 697 bicyclists died on roads within the United States. Out of the 697 bicyclists that died in 2007, 92% died as a result of being involved in a collision with a motor vehicle.

One summer evening, the victim in this Florida wrongful death case was riding his bicycle northbound on Federal Highway when he was struck and killed by a driver who was under the influence of alcohol. The victim was a 54 year old father and the driver who hit him was an extremely intoxicated 43 year old female. The victim was pronounced dead at the scene of the accident. The intoxicated female driver in this case pled guilty to DUI manslaughter.

The family of the deceased victim contacted Schuler, Halvorson & Weisser, P.A. for assistance. Mr. Weisser acted as the liason between the deceased client's son and the State Attorney's Office to assist with overseeing that a proper sentence was imposed against the defendant. Additionally, attorneys Steven W. Halvorson and Jason D. Weisser undertook the representation and filed suit against the female driver.

The insurance company for the intoxicated driver did not offer the policy limits to settle this case within a timely fashion so therefore, Mr. Halvorson and Mr. Weisser were able to file suit against the at fault driver for bad faith and since she pled guilty and was adjudicated guilty, they added a claim for punitive damages which read as follows:

“The Defendant’s conduct was so gross and flagrant as to show a reckless
disregard of human life or the safety of others exposed to such conduct
and/or showed an entire lack of care that the Defendant must have been
consciously indifferent to the Plaintiff and/or showed a wanton and
reckless disregard for the safety and welfare of the public and/or
showed reckless indifference to the rights of others as to be the equivalent
to an intentional violation of those rights.”

After litigating the case for less than one year, Mr. Halvorson and Mr. Weisser were successful in settling this case with the insurance company for the at fault driver before trial for more than six times the limits of the drunk driver’s insurance policy.