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December 2024
720 Goodlette Rd. N, Suite 304, Naples, FL 34102 • www.AttorneyShapiro.com
NAVIGATING LIABILITY The Dangers of Lending Out Your Vehicle
In Florida, you don’t have to be the one driving to be held liable for a car accident. If you let someone else borrow your car, you may be liable for any damages they cause while behind the wheel. This is because, in Florida, we have what is known as a Dangerous Instrumentality Doctrine, which, according to the Supreme Court of Florida, holds owners liable for the negligent actions of the driver they entrust with their vehicle. This is known as “negligent entrustment,” and while it is automatic in Florida, this is not true in every state. For example, in Ohio, where I went to law school, you have to prove negligent entrustment in court. In Florida, if I allow you to borrow my car, truck, or even golf cart, and you end up causing an accident, then that means I am automatically responsible for any damages. This facet of state law took center stage in a recent case highlighted by the Florida Bar Journal, which involved a golf cart, negligent entrustment, and a massive amount of damages. Lent Out the Golf Cart, Kept the Liability In 2016, Luis Chiong let his niece — who was just 16 — drive his golf cart with a 12-year-old boy, named Devin, as her passenger. While operating the golf cart, the defendant’s niece ran a stop sign,
causing the golf cart to be struck by a vehicle. The golf cart rolled over, and both the defendant’s niece, and her passenger, Devin, were ejected from the vehicle. While both were injured in the accident, Devin suffered severe head injuries. Devin’s parents brought a personal injury lawsuit against Chiong, as it was his decision to allow his niece to borrow the golf cart. The court decided that the golf cart was just like a car in this situation, and that by knowingly allowing the young passenger to ride along with his niece, Chiong had put him at great risk. A bench trial found that Chiong was negligent in entrusting the golf cart to his niece, and was thus liable for causing the crash, and the resulting injuries suffered by Devin. The court awarded around $50 million in damages to Devin and his family, with over $46 million going to Devin for his past and future losses and pain, and the remaining $2 million going to the parents. Insurer Dispute There is a further action, seeking $18 million, taken against the niece’s parents which is still being decided. However, the parents’ insurer, GEICO, took issue with the fact that they were being expected to pay damages since the vehicle in question was not a “private passenger auto,” but a golf cart. GEICO filed an action with the U.S. District of Court for the Southern District of Florida, which ruled that the insurance policy did not cover the golf cart accident. However, the niece’s parents successfully appealed the district court’s decision, and the Court of Appeals for the 11th Circuit ruled that GEICO was required to cover the damages in this case.
These cases are not common, but many similar cases have been filed by the Law Offices of Marc L. Shapiro. What is unique in this case is the attention it brings to potential liability for those who let others drive their vehicles and the amount of damages they may be liable for. -Marc L. Shapiro
(239) 500-5000 • 1
Anyone Seen a Skull?
Hospital Misplaces Patient’s Body Part
All of us have had to search underneath the couch cushions for a missing wallet or TV remote, or we’ve had to scour the mall parking lot in search of our somehow misplaced car keys. I would almost certainly lose my head if it were not attached to my body. Which, as it turns out, is why I definitely should not work at one particular Atlanta hospital. In September 2022, the Emory University Hospital Midtown staff allegedly misplaced something more important than the contents of a patient’s pants pocket. Following his brain surgery, Fernando Cluster was horrified to discover that the hospital had misplaced part of his skull . What a Headache Fernando underwent emergency brain surgery after suffering a stroke and subsequent cranial bleeding. As part of the surgery, surgeons removed a portion of Fernando’s skull, known as a bone flap, with plans to reattach that portion of his skull after he healed from his surgery.
While the hospital scheduled the procedure to repair Fernando’s skull for November 2022, issues arose that made it impossible for the hospital to fulfill its end of the bargain. The hospital made errors when identifying the bone flaps and had no idea which skull fragments belonged to Fernando.
Eventually, hospital staff informed the patient they could not find his bone flap and, as a result, they would be unable to put the missing pieces back in his skull.
Suing Over a Skull Consequently, Fernando and Melinda Cluster have filed a civil lawsuit against the hospital. The Clusters claim the hospital’s failure to find his bone flap led to an extended hospital stay, increased medical debt, and undue pain and suffering. Not to mention, of course, the alleged negligence in misplacing a patient’s skull . If nothing else, the Clusters have a remarkable story to tell and, most probably, a large settlement headed their way instead of a fully functional brain cage.
THE STORY OF HANUKKAH
THE TRADITIONS AND THEIR ORIGINS
The Origin of Hanukkah Despite how it is celebrated, Hanukkah actually stems from a military victory over the Seleucid King Antiochus IV Epiphanes. Antiochus, a successor to Alexander the Great, had invaded Judea, desecrated the Second Temple in Jerusalem, and attempted to bring the Jewish people into the cultural and religious sphere of the Greek peoples. In 164 BC, the Maccabeans — led by Mattathias and Judas — were Jews who fought for their religious beliefs and defeated Antiochus in battle. After the temple of Jerusalem was restored, Judas proclaimed that the date should be celebrated each year after, for eight days. Why We Give Gifts Despite the ancient history of the holiday, gift-giving during Hanukkah is a (relatively) recent tradition. When American Jews began adopting the Christmas custom in the late 1800s, the Yiddish press began to encourage immigrants to instead buy Hanukkah presents for their children. As the Christmas tradition grew in size — especially when it came to the exchanging of gifts — so too did Hanukkah. In time, Hanukkah became the Jewish holiday most closely associated with Christmas, and gift-giving, in the West.
The month of December is special for many people across the country, whether they be Jews, like myself, Christians, or other holiday revelers, as it heralds the holidays of both Hanukkah and Christmas. It brings families together, across faiths, cultures, and backgrounds, and brings out our collective best nature. We share meals and laughs and give gifts. Giving requires considering the wants and needs of others and acting selflessly for the benefit of loved ones. This nature is within us and has been for millennia. Here, we explore the history of Hanukkah, the Jewish holiday, and how it became associated with gift-giving.
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Positive Experiences, Positive Resolutions
OUR REVIEWS SPEAK FOR THEMSELVES
“I was hit by a car while traveling in Florida. To a foreigner with language barriers like me, my lawyer Randall Austin finally succeeded in helping me to obtain a relatively large amount of compensation, which can help me with my future recuperation and life. Reasonable compensation is also a kind of comfort to me psychologically. This really allows me to start a new chapter of life with a positive heart. Thanks to my lawyer Randall Austin — he is very agile, has good negotiation skills, and is brave. At the Law Offices of Marc L. Shapiro, I experienced a successful legal journey!” –Doris D. “I had the pleasure of working with Randall Austin and his team from the Law Offices of Marc L. Shapiro and could not be more satisfied with the representation I received. He exceeded my expectations regarding the case. Randall truly showed genuine concern about my case and was very attentive to my needs. He handled my case with professionalism and achieved an outstanding result. I highly recommend Randall to anyone seeking a knowledgeable and trustworthy attorney.” –Ana J. “I pleasantly remember my experience with attorney Brian Malamud, who handled my accident case with professionalism and dedication. His expertise and legal strategy provided me with the best possible defense. From the beginning, he guided me with clarity and transparency, explaining each step of the process. His ability to analyze the details of the case and anticipate possible challenges was impressive. Thanks to his excellent representation, we achieved a favorable result that exceeded my expectations. The trust and confidence he provided me was essential during that difficult period.” –Adriana G.
Word Search
Sticky Fig and Pecan Pudding With Toffee Sauce
Ingredients
Inspired by Delicious.com
• • • • • •
3/4 cup unsalted butter, softened
• •
3/4 cup pecans, roughly chopped
2/3 cup brown sugar
1/2 cup hot water
Toffee sauce •
2 eggs, beaten
1 tsp baking powder 3/4 cup self-rising flour
1/2 cup unsalted butter 1 cup brown sugar 1/2 cup heavy cream
• •
3/4 cup dried figs, roughly chopped
Directions
1. Preheat oven to 350 F. Grease a 6-cup ovenproof bowl and line the bottom with waxed paper. 2. In a large bowl, beat butter, sugar, eggs, baking powder, and flour until smooth. Stir in pecans and figs, then add 1/2 cup hot water. 3. Pour batter into prepared bowl, cover with a circle of waxed paper, then cover tightly with foil. Bake for 50–60 minutes until a skewer inserted into the center comes out clean. 4. For toffee sauce, put butter and sugar in a saucepan over low heat, stirring constantly until the sugar dissolves. Stir in cream and increase heat to medium. Bring to just below boiling, then reduce heat to low and cook, stirring occasionally, for 5–7 minutes until thickened. 5. Turn pudding onto a plate and drizzle with toffee sauce.
CARDINAL COCOA FROSTY GARLAND
GENEROSITY MENORAH MITTENS PEPPERMINT
PINECONES SNUGGLE UNITY YULE
(239) 500-5000 • 3
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
720 Goodlette Rd. N, Suite 304 Naples, FL 34102 www.AttorneyShapiro.com
Inside
Be Careful Who You Let Drive Your Car Page 1
Hospital Loses Part of Patient’s Skull The Origin of Hanukkah Traditions Page 2 Hear What Our Clients Have to Say Sticky Fig and Pecan Pudding With Toffee Sauce Page 3 Encouraging Teens to Help Around the House Page 4
How to Turn Reluctance Into Responsibility Teens and Chores
No one loved doing household chores growing up, but chores are great for building character and work ethic. If we shirk our responsibilities, we inevitably turn into vegetables — couch potatoes. No doubt, convincing your teenagers of the value of hard work and the importance of doing their chores can be trying at times. Sure, many grumble about “kids these days” and how parenting used to be, but we should remember that child-rearing has come a long way since the old days. For example, when Aztec children refused to do their chores, their parents would hold them over smoking chilies, resulting in eye-watering, skin-irritating torment — basically the Mesoamerican equivalent of pepper spraying kids in the face. The further we can get from that standard of
parenting, the better. So, here are two tips to help convince your teens to chip in around the house — no peppers needed.
Frame it differently. Sometimes, all you need is a change in
perspective. Rather than simply stating that things need to get done — “Because I said so!”— it can help to pitch chores as ways your teens can help around the house. Talk about everything that needs to be done to contribute to a healthy, happy home. There’s grocery shopping, feeding the dog, doing the laundry, maintaining the ever-growing collection of succulents, you name it. This will give them more perspective into how much their parents currently take on. Then, break down which responsibilities they’ll be assigned to complete and how often you expect them to do each task.
Good work deserves a reward. Chore money has always been a great incentive to encourage teens to do their part around the home. These days, there are even apps, like BusyKid, that assign a monetary value to different chores around the house. This doesn’t mean you have to break the bank, but teaching your kids that hard work pays off can motivate them to accomplish more around the home.
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