James O. Cunningham 
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Camp Lejeune LawsuitsOrlando Accident & Injury Blog
Florida Judge Rules that New State Medical Negligence Law is Contrary to Federal Law
In a case that is being monitored closely by Orlando medical malpractice attorneys, a federal judge recently ruled that a new state law is contrary to federal law and expressly preempted by the Health Insurance Portability and Accountability Act (HIPAA). Judge Robert Hinkle, U.S. District Court for the Northern District of Florida, recently ruled that a pre-suit requirement for pursuing medical negligence claims is contrary to federal law and the HIPAA. Under Florida Statute § 766.1065, which went into effect on July 1, a plaintiff wishing to pursue a medical negligence claim must comply with several pre-suit requirements. One of the requirements is that the plaintiff must provide the defendant with notice of the potential claim before the suit is filed. The pre-suit notice must also be accompanied by an authorization signed by the plaintiff that allows the defendant to interview the plaintiff’s health care providers.
Police say Alcohol and Excessive Speed were Contributing Factors in Rollover Accident
A Longwood city commissioner and his female passenger are in critical condition after a recent rollover accident near the intersection of Ronald Reagan Boulevard and North Street in Longwood. Witnesses to the accident told investigating police that the white Ford Mustang the commissioner was driving was seen speeding and ran a red light shortly before the accident. Longwood police say that alcohol was a factor in the crash, which began when the Mustang struck a median and overturned after running the red light.
World’s Tallest Roller Coaster Planned for Florida
U.S. Thrill Rides President Michael Kitchen recently confirmed that the world’s tallest roller coaster will be built somewhere in Florida. When asked where the thrill ride will be built, Kitchen was evasive, saying that it would be unfair to the lucky amusement park to reveal the location before their choosing for marketing purposes. Kitchen confirmed that the new coaster will have a maximum height of 525 feet and that it will also be the longest roller coaster in the United States at around 8,000 feet of track.
Worker Injured in Florida Construction Accident
A worker at a construction site in Fort Lauderdale was struck by a beam and fell around 25 feet after the beam collapsed on him, according to emergency response personnel. They say that the man, age and address unknown, was part of a construction crew building a two-story house at 109 S. Gordon Road when he was injured. They told police that the man was pouring concrete for the second floor of the house when the beam he was standing on gave way. The beam reportedly struck the man again as he fell the nearly 25 feet to the ground.
Worker Critically Injured in Fall at Convention Center
Orange County Sheriff’s deputies report that a man was critically injured recently when he fell around 20 feet while setting up a carnival ride at the Orange County Convention Center. The worker, an employee of Freeman Exposition Services, was reportedly working on the ride at an expo at the Convention center when he fell. Deputies are still trying to determine why the worker fell, but the Sheriff’s Office is working with the Occupational Safety and Health Administration on the accident investigation.
Motorcycle Accident Fatalities Continue Upward Trend
According to a study recently published by the Governors Highway Safety Association, Florida ranks third in the country behind Texas and California, respectively, for the number of people killed in motorcycle accidents. Nationally, motorcycle accident fatalities have increased 14 out of the last 15 years (1997 to 2012,) with accident statistics continuing this trend thus far in 2013. Nearly 4,000 motorcyclists were killed in the U.S. from January to September 2012 but the authors of the study expected that number to climb to nearly 5,000 by the end of 2012. At least 287 people died in Florida motorcycle accidents over that same period of time, with 358 killed in Texas and 318 in California.
Teen Killed in Hit-and-Run Pedestrian Accident on State Road 436
A 13-year-old boy was struck and killed recently in a hit-and-run pedestrian accident on State Road 436 in east Orange County. Florida Highway Patrol troopers investigating the accident report that the teen was struck while attempting to cross at the intersection of Semoran Boulevard and Old Cheney Highway. Troopers say that the teen was using the crosswalk and had the right of way when he was struck by a 2002 Chevrolet Malibu driven by a 51-year-old Winter Park woman. FHP Spokesperson Sgt. Kim Montes said that the woman was traveling north on Semoran Boulevard when she ran a red light and struck the teen.
An Orlando Personal Injury Attorney’s Guide to Slip and Fall Accidents at Florida Businesses
As an Orlando personal injury lawyer with nearly 40 years of experience helping injured Floridians, James O. Cunningham has seen his share of slip and fall injury cases and the serious injuries that often result due to negligent business owners’ reluctance or refusal to take corrective action to remove potential hazards. Slip and fall accidents are an especially serious problem in Florida due to our state’s high population of senior citizens and the often debilitating injuries they suffer in slip and fall accidents.
Six Motorcycle Fatalities During the 2013 Daytona Biketoberfest
For the first time since 2011, there were tragic deaths at Biketoberfest in Daytona Beach. Six individuals died during the 2013 event which ran from Friday October 18 to Sunday October 20th. Biketoberfest is held annually as a gathering for bikers from across the nation, and includes bike shows, concerts, contests and other festivities.
Our deepest sympathies and condolences go out to the familes & friends of the victims involved in these tragic accidents.
Two People Killed in Florida Boating Accident
Two people riding on a personal watercraft was fatally injured recently when their watercraft collided with a tour boat near the Clearwater Memorial Causeway Bridge. Accident investigators report that the accident occurred about an hour before sunset at 6:10 p.m. when the 51-year-old man operating the watercraft and his 49-year-old female passenger crashed into a double-deck tour boat on a dolphin-sighting cruise. Officials with the Florida Fish and Wildlife Conservation Commission report that the couple was from out of state and had rented the water scooter.
Mr. Cunningham is an excellent and knowledgeable attorney.