Planning a Holiday Party

Medical Malpractice Reform

Stand Up for America

BLBF&G Now Handling VA Benefit Claims

Attorney Todd Resavage Now Accredited By the Department of Veterans Affairs

'Twas the Night Before Christmas (Legal Version)

Planning a Holiday Party?

Are you planning to serve alcohol at an upcoming holiday party?  Common sense tells us that you should not allow your guests to drive home from a party if they have had too much to drink.  But what is your legal liability if you furnish alcohol at your party and one of your guests becomes intoxicated and causes an accident?  The answer depends on whether your guest is a minor or an adult.  If your guest is an adult, the answer in Florida is that you cannot be held liable for injuries or damages caused by a guest who has had too much to drink.  Although Florida law does allow for the recovery of damages against vendors who willfully and unlawfully sell or furnish alcohol to a minor or who knowingly serve a person habitually addicted to alcohol, this law does not apply to private party hosts.  

However, if you have minor guests at your party you must take reasonable steps to prevent his or her possession or consumption of alcohol.  In Florida it is a crime for an adult to allow a party to take place in his or her home and to knowingly permit a minor to possess or consume any alcoholic beverage or drug.  Not only are you risking criminal charges, you may also be held liable for injuries or damages caused as a result of a minor’s possession or consumption of alcohol in your home. 

Please note that this article applies to individuals hosting parties in their private homes.  Different rules of law apply to employers or organizations who host parties where alcohol will be furnished.   We hope that you all enjoy your holiday parties and festivities, but please don’t allow your guests to drink and drive.  We at Brooks, LeBoeuf, Bennett, Foster & Gwartney wish you all a safe and happy holiday season.

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Medical Malpractice Reform

In 2011, the insurance industry once again succeeded in obtaining revisions to Florida’s Medical Malpractice Act that further restrict the rights of innocent victims of medical malpractice.  Although the sweeping 2003 reforms to the Medical Malpractice Act did nothing to curtail ever increasing insurance premiums for Florida’s medical community, the 2011 Florida Legislature passed yet another round of reforms.  The 2011 reforms include:   

• Patient Authorization for Disclosure of Protective Health Information:  A pre-suit notice of intent to initiate medical negligence litigation must now be accompanied by an authorization, authorizing the defendant to directly obtain protected health information that is potentially relevant to the claim of personal injury or wrongful death.  The presuit notice is void if this authorization does not accompany the presuit note.
• Expert Witness Certification:  Florida now requires certification of out-of-state expert witnesses, testifying as medical doctors, doctors of osteopathic medicine and dentists. 
• Expert Witness Disciplinary Action:  Expert witnesses subject to certification may be disciplined for deceptive or fraudulent testimony.
• Evidence Admissibility:  The evidence code now prohibits the admissibility of health care providers’ failure to comply with federal requirements.
• Damage Caps for Medicaid Patients:  There are new damages caps for non-economic damages in the amount of $200,000 per practitioner and $300,000 per claimant.
• Sovereign Immunity: Sovereign immunity now applies to all health care entities under the Shands corporate umbrella and even to private medical schools and their employees providing services at teaching hospitals

Medical malpractice law can prove to be a land mine for inexperienced attorneys.  The attorneys at Brooks, LeBoeuf, Bennett and Foster have proven experience in representing clients injured due to medical negligence.  We offer free consultations and welcome referrals from our clients and members of the legal community.

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Stand Up for America

Over the last few years we have distributed approximately $50,000 in assistance to our local soldiers and their families as part of our Stand Up for America program. We formed this non profit organization to provide our troops and their families with emergency assistance when they had a need that was not being met by any governmental organization. Our firm agreed not only contribute but to also pay all the administrative costs associated with the program so that the total amount of every contribution would go directly to our soldiers and their families. Thanks to the additional contributions from our clients, friends and families, this program has been a huge success.

Over the years, with your assistance, we have helped countless soldiers with unexpected expenses or emergencies. When reservists are called up for deployment, and they leave their full time occupations many of them must make significant financial adjustments. Thanks to your generosity, we have been able to help them with utility bills, rent and mortgage payments, food, baby items, children’s clothing, diapers, toys and emergency transportation. 

According to Carol Atwell, The Family Assistance Coordinator with the Florida National Guard, “…if it weren’t for the assistance provided by Brooks, LeBoeuf, Bennett, Foster & Gwartney, and the Stand Up for America Program they created, I don’t know what some of our soldiers and their families would have done. Every time we have asked for assistance, they were there.”

We are happy to support and continue this program as long as our soldiers are serving our country and risking their lives in harm’s way. If you would like more details, just give us a call or go to our website. If you want to make a contribution, just send us a check in any amount payable to Stand Up for America. We will handle all the expenses and make sure 100% of your tax deductible contribution goes directly to support our troops.

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BLBF&G Now Handling VA Benefit Claims

There are nearly 24 million veterans living among us, in every state and territory and from every walk of life.  Unfortunately, many of them have sustained life altering injuries/disabilities and need assistance in navigating the bureaucratic abyss-like process that is necessary to obtain their entitled benefits.  Todd Resavage has been accredited by the Department of Veterans Affairs to assist these veterans in the preparation, presentation, and prosecution of claims on behalf of veterans.  To learn more about VA benefit claims, please contact us.  

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Attorney Todd Resavage Accredited by the Department of Veterans Affairs

Todd grew up in a military family.  His father, Roy, served 27 years in the U. S. Navy, retiring in 1995 as a Captain. His naval experience included numerous carrier-based operational deployments, command of two helicopter squadrons, Executive Officer of the aircraft carrier USS John F. Kennedy, and Commanding Officer of the Naval Air Station in Jacksonville, Florida.  Following Roy’s passing in 2007, Todd has felt a strong desire to utilize his legal background to assist those veterans seeking service-connected disability compensation and needing legal advice.  Effective June 23, 2008, however, all lawyers who intend to assist claimants for VA benefits must first become accredited by the VA.  We are extremely pleased to report that Todd has become an accredited attorney for the preparation, presentation, and prosecution of claims for veterans benefits before the Department of Veterans Affairs.  Todd’s desire to assist the legal needs of veterans compliments BLBF&G’s long standing support of Stand Up For America, a non-profit, non-partisan, educational organization that strives to promote unity and patriotism, increase our awareness of our identity as citizens of one nation under God, and instill a sense of duty and commitment on both an individual and community level. 

If you, or a loved one, are a veteran seeking service-connected disability compensation and need legal advice, please contact Todd. 

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'Twas the Night Before Christmas (Legal Version)

 Author Unknown  

  
Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse. 
  
 A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and 
 around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ 
 St. Nicholas a/k/a/ Santa Claus (hereinafter "Claus") would arrive at sometime 
 thereafter. 
  
 The minor residents, i.e. the children, of the aforementioned House, were 
 located in their individual beds and were engaged in nocturnal hallucinations, 
 i.e. dreams, wherein vision of confectionery treats, including, but not limited 
 to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in 
 said dreams. 
  
 Whereupon the party of the first part (sometimes hereinafter referred to as 
 "I"), being the joint-owner in fee simple of the House with the parts of the 
 second part (hereinafter "Mamma"), and said Mamma had retired for a sustained 
 period of sleep. (At such time, the parties were clad in various forms of 
 headgear, e.g. kerchief and cap.) 
  
 Suddenly, and without prior notice or warning, there did occur upon the 
 unimproved real property adjacent and appurtent to said House, i.e. the lawn, a 
 certain disruption of unknown nature, cause and/or circumstance. The party of 
 the first part did immediately rush to a window in the House to investigate the 
 cause of such disturbance. 
  
 At that time, the party of the first part did observe, with some degree of 
 wonder and/or disbelief, a miniature sleigh (hereinafter the "Vehicle") being 
 pulled and/or drawn very rapidly through the air by approximately eight (8) 
 reindeer. The driver of the Vehicle appeared to be and in fact was, the 
 previously referenced Claus. 
  
 Said Claus was providing specific direction, instruction and guidance to the 
 approximately eight (8) reindeer and specifically identified the animal 
 co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donder 
 and Blitzen (hereinafter the "Deer"). (Upon information and belief, it is 
 further asserted that an additional co-conspirator named Rudolph may have been 
 involved.) 
  
 The party of the first part witnessed Claus, the Vehicle and the Deer 
 intentionally and willfully trespass upon the roofs of several residences 
 located adjacent to and in the vicinity of the House, and noted that the Vehicle 
 was heavily laden with packages, toys and other items of unknown origin or 
 nature. Suddenly, without prior invitation or permission, either express or 
 implied, the Vehicle arrived at the House, and Claus entered said House via the 
 chimney. 
  
 Said Claus was clad in a red fur suit, which was partially covered with residue 
 from the chimney, and he carried a large sack containing a portion of the 
 aforementioned packages, toys, and other unknown items. He was smoking what 
 appeared to be tobacco in a small pipe in blatant violation of local ordinances 
 and health regulations. 
  
 Claus did not speak, but immediately began to fill the stocking of the minor 
 children, which hung adjacent to the chimney, with toys and other small gifts. 
 (Said items did not, however, constitute "gifts" to said minor pursuant to the 
 applicable provisions of the U.S. Tax Code.) Upon completion of such task, Claus 
 touched the side of his nose and flew, rose and/or ascended up the chimney of 
 the House to the roof where the Vehicle and Deer waited and/or served as 
 "lookouts." Claus immediately departed for an unknown destination. 
  
 However, prior to the departure of the Vehicle, Deer and Claus from said House, 
 the party of the first part did hear Claus state and/or exclaim: "Merry 
 Christmas to all and to all a good night!" Or words to that effect.

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