Warner & Warner

The lawyers at Warner & Warner have been fortunate to work on many interesting and important cases in their careers.  A few examples of various cases are included here to give our clients and potential clients some idea of the types of cases we handle and the issues we face every day in our practice.  This collection is not intended to represent our entire practice, but provides a snapshot of what we do at Warner & Warner.

Motorcycle Accident

    In this tragic case, our clients’ son was killed when his motorcycle struck a ladder on I-4 that had fallen from a commercial vehicle because it was improperly secured. Our clients’ son was an Embry Riddle

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    Nursing Home Bed Sores (Pressure Ulcers)

      Our client suffered from Alzheimer’s disease and resided in the largest nursing home in Central Florida. Although his condition was good for several years, he began suffer a decline in his condition. Unfortunately, this meant he could no longer provide the basic care he needed and he became dependent upon staff.

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      Nursing Home Abuse / Neglect / Dignity Violations

        Our client placed their grandmother in a nursing home at the recommendation of a local hospital. Shortly after “granny” was admitted, the family suspected she was not being treated right. Although granny could not describe everything happening with her care, the hand print on her thigh spoke volumes.

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        Hospital Acquired Pressure Ulcer

          Although we have represented many patients who suffered the development and worsening of pressure ulcers in the hospital setting, this particular case was especially rewarding. Our client was a very active senior playing tennis at 78 years old. Unfortunately, he fell while on the court and suffered a hip fracture. After surgical repair of his hip fracture, the hospital was so understaffed and its personnel were so overworked, that they could not regularly reposition our client to prevent the development and worsening of a very large pressure ulcer on his backside.

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          Hospital Acquired Infection Case

            Our 70 year old client was injured in a motorcycle accident. The paramedics responding to the accident scene started an IV in our client’s hand. While in the hospital emergency room, the nurse changed the bandage over the IV, but failed to change the needle.

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            Auto Accident

              In this automobile accident case, our client was stopped in traffic on the East West Expressway in downtown Orlando when a vehicle traveling at a high rate of speed in the opposite direction veered out of control and crossed the median into her lane of travel. She was absolutely stuck and could do nothing but watch the other driver’s SUV fly through the air towards her as she sat trapped in her car.

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              Trucking Accident

                In this case a semi tractor trailer was traveling on a rural, two lane highway when a car slowed to a stop to make a left hand turn. The semi truck was travelling too fast for conditions and was unable to stop.

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                Pharmacy / Pharmacist Negligence – Eye Injury / Blindness

                  In these three separate cases, each of our three clients was undergoing routine cataract surgery when they were blinded in one eye by an improperly compounded Vancomycin antibiotic solution. A chemical analysis of the solution injected into the patients’ eyes showed that it had a pH of 3.9 when it should have been 7.3-7.5.

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                  Defective Product – Lawnmower Rollover – Wrongful Death

                    This tragic case involved a specific type of commercial lawnmower called a zero turn radius (ZTR) mower. These mowers a fast, turn on a dime, and are top heavy. Several years after their debut, manufacturers began to receive reports of the mowers overturning and causing deaths and serious injuries. Many manufacturers acted quickly and responsibly, but not all.

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                    Defective Product – Lawnmower Fire (Lake County)

                      In this troubling case, our client purchased a commercial zero turn radius (ZTR) mower to cut the grass on his five acre parcel of land in Astor, Florida. One day, our client set out to mow his grass, but as he traveled about 100 feet, he smelled gasoline. He looked to his left and saw gas spraying under pressure beneath his seat and next to one of the gas tanks. Recognizing the serious danger of the situation, he turned off the mower and lifted his weight from the seat to leave the area. However, as his weight shifted off the seat, the seat-activated engine kill switch activated and created a spark.

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                      Products Liability – Defective Industrial Machine – Wrongful Death

                        In this tragic case, our clients’ son was killed when he fell into a large machine used to dye cypress mulch with red dye. He was horribly crushed and dismembered by a large auger that turned the mulch to coat it with dye. We sued several entities in this case as a result of the death, including the company where the man worked, the manufacturer of the machine, and the company that designed the machine, because each of the defendants played an important role in the death.

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                        Medical Malpractice / Hospital Fall and Fracture

                          This case reveals how nursing care in one area of a hospital can be appropriate, but a simple transfer to another unit can result in protocols, policies, and procedures being violated and leading to injuries. In this case, our confused elderly client had been living with her son and was suffering falls at home, so her family brought her to the hospital to see if the reason for the falls could be indentified and treated.

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                          Medical Malpractice / Failure to Recognize Bowel Perforation

                            Our client in this case, a retired 70 year old woman who spent her time providing care to elderly friends and neighbors, underwent a routine colonoscopy, and during the procedure she suffered a well-known complication?her bowel wall was perforated by the instrument. Because perforation is a common known complication on colonoscopy, doctors and nurses should be looking for the specific signs and symptoms of perforation following the procedure, including abdominal pain and abdominal distension (swelling of the belly with air), which causes the belly to feel hard.

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                            Medical Malpractice / Failure to Diagnose Prostate Center

                              In this case, our client underwent a PSA Screen on an annual basis with his primary care physician. Our client was not informed that his PSA test results had risen over a three year period, and was identified as “abnormal” on a PSA test result. His physician never informed him of the abnormal test results, despite our client having two appointments with the doctor after the doctor had received the abnormal test result indicating our client had prostate cancer.

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                              Medical Malpractice and False Imprisonment

                                In this case, our client, a twelve year old girl, presented to a hospital Emergency Room on a Sunday afternoon exhibiting bizarre and highly unusual behavior. According to the girl’s parents, she had been home with her family all weekend, and began acting bizarrely after church on Sunday.

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                                Nursing Home Neglect / Falls With Fractures

                                  In this case, our client was admitted to the nursing home due to her increased risk for falls. During the first several months of her residency, the nursing home staff carefully monitored her condition and provided necessary assistance with her activities of daily living. As a result, our client sustained only one fall with no resulting injuries.

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                                  Fall Through Skylight By Roofer

                                    Our client, a professional roofer, was asked to inspect a commercial warehouse roof by a friend of his, despite the fact that our client was a residential roofer with no exposure to metal warehouse roofs. Although the property owner and manager knew of the presence of skylights on the roof, they did not warn the roofer, they did not provide access to the inside of the building where the roofer could have seen the skylights, and they did not properly maintain the skylights over the years they owned, managed, and maintained the building.

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                                    Construction Site Accident – Fall Through Skylight

                                      In this case, our client, who owned a paint supply store, was asked to check a piece of machinery on the roof of an aircraft hangar. Contrary to OSHA regulations, the roofing company had not secured the skylights on the roof of the hangar with protective netting and barricades to prevent people from falling through the lights to the ground 25 feet below.

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                                      Premises Liability / Trip and Fall – Wrongful Death

                                        This case involves the tragic death of a legally blind elderly man from massive head injuries he suffered in a fall caused by a severely damaged concrete parking stop in a convenience store parking lot. While walking into the store to buy some snacks, our client’s cane, which he used due to his blindness, became stuck in a cracked and broken parking stop in front of the store. As he walked and the cane jammed into the broken concrete, our client lost his balance, fell, and struck his head on the concrete curb leading from the parking lot to the sidewalk in front of the store.

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                                        Motorcycle/Automobile Accident

                                          In this automobile and motorcycle collision case, our client was sideswiped on his Yamaha motorcycle by a young man driving his father’s Ferrari 550 Maranello. The Ferrari driver was permitted to drive the sports car while his parents were out of the country on vacation. After stopping to show off the car to a former girlfriend, the Ferrari driver took a friend, who is an automobile mechanic, for a ride.

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