• Bizarre New York Case Illustrates "Sudden Emergency" Defense

    Posted By Roman & Gaynor || 11-Dec-2013

    An unusual and terribly unfortunate auto accident case from New York has recently garnered a lot of media attention. But there is a legal point to the case which is important everywhere, including Florida. The New York case began when a young woman from Manhattan was driving her friends from the Jersey Shore back toward the New York City area. While she drove, one of her backseat passengers ...
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  • Bizarre New York Case Illustrates "Sudden Emergency" Defense

    Posted By Roman & Gaynor || 11-Dec-2013

    An unusual and terribly unfortunate auto accident case from New York has recently garnered a lot of media attention. But there is a legal point to the case which is important everywhere, including Florida. The New York case began when a young woman from Manhattan was driving her friends from the Jersey Shore back toward the New York City area. While she drove, one of her backseat passengers ...
    Continue Reading
  • Bizarre New York Case Illustrates "Sudden Emergency" Defense

    Posted By Roman & Gaynor || 11-Dec-2013

    An unusual and terribly unfortunate auto accident case from New York has recently garnered a lot of media attention. But there is a legal point to the case which is important everywhere, including Florida. The New York case began when a young woman from Manhattan was driving her friends from the Jersey Shore back toward the New York City area. While she drove, one of her backseat passengers ...
    Continue Reading
  • We'll Pay if You Keep Quiet About It: The Problem of Secret Settlements

    Posted By Roman & Gaynor || 2-Dec-2013

    In general, papers filed in a lawsuit are public record. Anyone who wants to look at a court file can go to a courthouse and do so. One can read through the files and see all the motions, notices, and court rulings in a case as it winds it way through the judicial system. Settlements are a different matter. Parties to a lawsuit can agree to settle a case on any terms which aren't illegal. This ...
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  • Corporate Defendants May Have to Say They're Sorry When They Settle

    Posted By Roman & Gaynor || 13-Nov-2013

    Settling a lawsuit for money damages seems pretty simple. A party who suffers a loss agrees to accept a certain amount of money, the defendant agrees to pay it, and the case is over. But alas, things are never so simple in lawsuit world. In lawsuit world, even agreements to settle cases are usually written and loaded up with fine print provisions. One of the most common provisions is the "no ...
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  • The Epidemic of Distraction-Related Car Accidents

    Posted By Roman & Gaynor || 11-Nov-2013

    Driver distraction kills more than 3,000 people every year according to a study conducted by the National Highway Traffic Safety Administration (NHTSA). When thousands of people are killed in the United States every year resulting from one cause, you could conclude that distracted drivers are an "epidemic." Fortunately, there is a "cure" for this epidemic. Florida recently ...
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  • The Epidemic of Distraction-Related Car Accidents

    Posted By Roman & Gaynor || 11-Nov-2013

    Driver distraction kills more than 3,000 people every year according to a study conducted by the National Highway Traffic Safety Administration (NHTSA). When thousands of people are killed in the United States every year resulting from one cause, you could conclude that distracted drivers are an "epidemic." Fortunately, there is a "cure" for this epidemic. Florida recently ...
    Continue Reading
  • Florida Texting While Driving Law in Effect

    Posted By Roman & Gaynor || 29-Oct-2013

    As of October 1, a new Florida texting law went into effect. This law makes it a secondary offense to text while driving. In other words, an officer cannot simply pull you over for texting, unless you have committed another infraction. When another infraction is committed, an officer can write you a $30 ticket. Many individuals believe this legislation is not aggressive enough. Research by the ...
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  • "Celebrate" Campaign for Safe Driving

    Posted By Roman & Gaynor || 24-Oct-2013

    State Farm Insurance recently implemented a campaign to promote safe driving among high school students called "Celebrate My Drive." According to State Farm, the campaign is meant to appreciate the coming of age achievement of driving, yet provide a sobering reminder about the responsibility such a rite of passage carries. Teen driving car accident statistics are staggering, so State ...
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  • "Celebrate" Campaign for Safe Driving

    Posted By Roman & Gaynor || 24-Oct-2013

    State Farm Insurance recently implemented a campaign to promote safe driving among high school students called "Celebrate My Drive." According to State Farm, the campaign is meant to appreciate the coming of age achievement of driving, yet provide a sobering reminder about the responsibility such a rite of passage carries. Teen driving car accident statistics are staggering, so State ...
    Continue Reading
  • Insurance Companies Are Bringing Big Brother to Personal Injury Cases

    Posted By Roman & Gaynor || 4-Oct-2013

    Personal injury cases almost always involve questions about how badly people are injured, and the cause of their injuries. One of the key types of evidence used to prove or disprove injuries are medical records. While medical records are usually private, people have to give up their medical privacy when they make an injury claim. For that reason, both plaintiff and defense lawyers have always ...
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  • Insurance Companies Are Bringing Big Brother to Personal Injury Cases

    Posted By Roman & Gaynor || 4-Oct-2013

    Personal injury cases almost always involve questions about how badly people are injured, and the cause of their injuries. One of the key types of evidence used to prove or disprove injuries are medical records. While medical records are usually private, people have to give up their medical privacy when they make an injury claim. For that reason, both plaintiff and defense lawyers have always ...
    Continue Reading
  • Powerful Short Film Shows Cost of Texting and Driving

    Posted By Roman & Gaynor || 25-Sep-2013

    The dangers of texting and driving are now well known. Starting on October 1 st, Florida will finally join the ranks of states which prohibit it. Given that, it's an opportune time to mention a short film on the subject released last month by legendary German filmmaker Werner Herzog. Herzog's film, From One Second to the Next, is a 35-minute documentary which examines texting and driving ...
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  • Powerful Short Film Shows Cost of Texting and Driving

    Posted By Roman & Gaynor || 25-Sep-2013

    The dangers of texting and driving are now well known. Starting on October 1 st, Florida will finally join the ranks of states which prohibit it. Given that, it's an opportune time to mention a short film on the subject released last month by legendary German filmmaker Werner Herzog. Herzog's film, From One Second to the Next, is a 35-minute documentary which examines texting and driving ...
    Continue Reading
  • State Farm Fined for Covering Up Expert Witness Payments

    Posted By Roman & Gaynor || 30-Jul-2013

    A trial judge in Miami fined State Farm $20,000 this week for covering up the amount it had paid to an expert medical witness. The judge found State Farm lied when it said it could not figure out exactly how much it had paid a physician to testify at trials. The case, Hernadez v. Quintanales, arose from an auto accident. State Farm was the insurance company for the at-fault driver, and defended ...
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  • Zimmerman Not Guilty: Don't Shoot the Messenger

    Posted By Roman & Gaynor || 22-Jul-2013

    Last weekend, George Zimmerman was acquitted of all charges in the criminal case involving the death of Trayvon Martin. Given the racial overtones of the case, it's no surprise that reaction to the verdict has been explosive. This illustrates a general problem: jurors often get a bad rap for what they do. People unhappy with the outcome of a case often assume jurors are prejudiced, lazy, or ...
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  • Amanda Knox Case Shows Our Justice System Isn't So Bad

    Posted By Roman & Gaynor || 9-May-2013

    Amanda Knox, the American college student accused of murder in Italy, came out with a book this week about her ordeal in the Italian criminal justice system. Her book, Waiting to Be Heard, is likely to reignite the media attention her case has received in the last several years. Knox was initially convicted of the 2007 murder of her roommate. She was then acquitted after a rehearing in 2011. ...
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  • Tallahassee Judge Blocks New Auto Insurance No Fault Law

    Posted By Roman & Gaynor || 22-Mar-2013

    A judge in Tallahassee recently blocked Florida’s new no fault insurance law. The judge issued a written decision finding that the new law violates the constitutional right of access to courts. While the judge’s decision is likely to bring howls from the insurance industry about “judicial activism,” it makes sense when one considers our constitution and court system. To ...
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  • Tallahassee Judge Blocks New Auto Insurance No Fault Law

    Posted By Roman & Gaynor || 22-Mar-2013

    A judge in Tallahassee recently blocked Florida’s new no fault insurance law. The judge issued a written decision finding that the new law violates the constitutional right of access to courts. While the judge’s decision is likely to bring howls from the insurance industry about “judicial activism,” it makes sense when one considers our constitution and court system. To ...
    Continue Reading
  • Florida Remains Dismal for Bicycle and Pedestrian Deaths

    Posted By Roman & Gaynor || 24-Jan-2013

    In previous posts, I’ve discussed the dangers facing bicyclists and pedestrians on Tampa Bay area roads. The figures are now in for 2012. Unfortunately, the picture remains grim. There were 13 bicyclist deaths in Hillsborough County in 2012. That’s up from 2011, when there were nine, and 2010, when there were 11. Pasco County was also up, with five deaths. Pinellas tied its 2011 death ...
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Roman & Gaynor: 2013 Blog Posts

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