Archive for the ‘Other’ Category

PERENICH The Law Firm Participates in Hispanic Legal Workshop

Tuesday, September 13th, 2011

PERENICH the law firm attorneysAttorneys and staff at PERENICH The Law Firm took part in a free legal workshop at the Hispanic Outreach Center on September 12, 2011. Terence Perenich, a partner at the firm, along with associate Jowita Wysocka and legal assistant, Virginia Heidel, who served as a translator.

The event offered members of the Clearwater, Florida Hispanic community an opportunity to meet with pro bono attorneys on a variety of legal issues including personal injury, bankruptcy, Social Security disability benefits, labor, and family law.  The workshop was sponsored by the Clearwater Bar Association, Clearwater Bar Foundation, Hispanic Outreach Center, Gulfcoast Legal Services, and Stetson Hispanic Student Bar Association.

Florida’s New Pill Mill Law may be Difficult to Swallow

Wednesday, August 17th, 2011

Sometimes, the best-intended laws have unanticipated consequences.  Consider Florida’s new legislation aimed at grinding down prescription drug abuse, which is responsible for the deaths of 7 Floridians every day on average, according to the St. Petersburg Times.  Last year, then-governor Charlie Crist also approved legislation imposing stricter regulation on doctors and pain management clinics in Florida that prescribe and dispense prescription pain medication.

The new “Pill Mill Law” signed by current Florida governor Rick Scott, which went into effect on July 1, 2011, “tightens reporting requirements to the database from 15 days to seven days, a change critics said the program needed to make it more effective.”  In addition, the new prescription drug law “increases penalties for over-prescribing Oxycodone and other narcotics, tracks wholesale distribution of some controlled substances, and provides $3 million to support law enforcement efforts and state prosecutors.”  Further, the legislation “prohibits most doctors who prescribe narcotics from dispensing them, requiring prescriptions to be filled at certain types of pharmacies.”

Rick Scott actually opposed the bill initially before having a change of heart.  The St. Pete Times reported that “of all the oxycodone that is dispensed by physicians in the United States, 85 percent is dispensed by Florida doctors.”

Despite the Pill Mill Law’s lofty intentions, it is not without its problems, and implementing this and previous pill mill laws is proving difficult.  For example, one of the law’s requirements was that prescriptions be written on special, counterfeit-proof pads.  This proved unduly burdensome for doctors who were unable to obtain the requisite prescription pads in time to assist patients who genuinely needed pain medication.

In addition, Florida government has been calling for the creation of a drug monitoring program since 2009, but this has yet to occur.  Finally, the new law and its predecessors have the effect of punishing those whom the laws are designed to protect through severe punishment of pharmaceutical drug offenses, which includes a minimum prison sentence of 3 years and $50,000 fines.

Frequently, persons injured in auto accidents, slip and fall, and other incidents have the misfortune of becoming addicted to painkillers as a result of their injuries, which are often caused by the negligence of others.  The accident and injury attorneys at PERENICH The Law Firm can help clients receive the medical care they need from qualified doctors.

Bank Forecloses After Owner Pays One Day Late

Saturday, August 6th, 2011

The staggering rate of foreclosures on Florida’s homes and businesses is well known. What property owners may not realize, however, is that lenders may have legal cause to foreclose after just one missed payment. In some cases, depending on the terms of the mortgage and promissory note, even if the property owner makes the missed payment the very next day, the bank may insist on foreclosing.

bank foreclosureThat’s what happened to the owner of a Mobil station. According to the Tampa Bay Times, “Saji Mathew was one day late in paying the mortgage on his gas station.”  Although he deposited the money into his account the very next day to make his payment, since BB&T, the lending bank, often did not withdraw the money from his account until several days after the payment due date, BB&T returned his payment.  The bank also returned payments Mathew attempted to make over the next two months and instead initiated foreclosure proceedings in court.

Even the judge assigned to the case, Circuit Judge Amy Williams, was incredulous over the lawsuit.  “This is why we’re in a worldwide financial crisis because there’s no business sense anymore in the foreclosure industry, none,” she said during a recent hearing in which Mathew offered to pay BB&T $50,000, the full amount due since October.  Judge Williams ordered BB&T to either place the $50,000 in a trust account or into the court registry until the case is concluded.

The foreclosure defense attorneys at PERENICH The Law Firm, which has its main office in Clearwater and serves clients throughout the  Tampa Bay area at additional offices in St. Petersburg, Tampa, Trinity/New Port Richey, and Tarpon Springs, have over 20 years of experience in defending home and business foreclosures.

Florida “Keep Your Eyes on the Kids” Program Helps Prevent Drowning

Tuesday, July 26th, 2011

During the now infamous Casey Anthony trial, the defense alleged that her daughter Caylee Anthony had drowned in the family swimming pool.  In a state where drowning is the leading cause of death among toddlers, the odds were in their favor.

Tragically, Florida consistently has the highest unintentional drowning rate for children between the ages of 1 and 4.  Such drownings usually occur in swimming pools and beaches, where inattentive parents, caregivers, or lifeguards are negligent in supervising children in the water.  Even plastic kiddie pools and bathtubs can be deadly if children are left unattended.

During this unusually hot Florida summer, people are flocking to public and private pools as well as beaches to seek respite from the scorching temperatures.  Thus, the risk of accidental drowning is significant in crowded conditions, where it becomes far more difficult to watch children in the water.

In an effort to raise awareness and prevent accidental drownings, the Florida Office of Injury Prevention began a public outreach campaign in 2006 called “Keep Your Eyes on the Kids.”  The program has been implemented in Orange County and several other counties in Florida where the rate of accidental drownings is particularly high.  By 2009, the program had helped reduce the number of children ages 1 to 4 who drowned by15% and the drowning rate by 18%.

At Perenich The Law Firm, our drowning accident attorneys have more than 60 years of combined experience in holding those responsible for the unimaginable, tragic, and highly preventable death of a child due to drowning.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

The Dire Need for Light Rail in the Tampa Bay Area: A Special Commentary

Monday, July 11th, 2011

From Ybor City to historic downtown St. Petersburg, from the pristine tourist haven of Clearwater Beach to the Unique Greek heritage of Tarpon Springs, our own Tampa Bay area is home to 4 million, 228 thousand, and eight hundred and fifty five people (according to the 2010 U.S. Census). This makes us the second largest metropolitan area in the state of Florida, and fourth in the southeastern United States.

Florida light railYet, for all of our diverse and populous metropolitan expanse, Tampa does not possess a single daily train. There is no train to unite our bay area, with the world famous attractions of Orlando, nor to unite our large and growing state, economically and socially. Through a broader lens, trains uniting our states from sea to sea seem to be generally a relic of the past. Americans generally depend on cars and planes, while the rest of the industrialized world is throwing its weight behind the development of high-speed railways. Many European countries have introduced these affordable and effective vehicles, as have the Japanese. With our economic competitiveness and future prosperity at heart, President Obama and the 2009 Congress devoted 8 billion dollars of stimulus money to develop a high-speed rail.

Whatever one’s position may be on the merit of stimulus spending, or on Keynesian economic philosophy in general, Republican and Democrat, liberal and conservative alike have found agreement on the importance of infrastructure development and spending, at least as far back as President Eisenhower developed the U.S. highway system. Indeed, it was former Republican Governor Charlie Crist who first lobbied for a high-speed rail for Florida. Writing to former State Transportation Secretary Ray Lahood, Crist asserted, “Florida is the state that can turn imagination into reality for world-class high-speed rail in the United States faster than anywhere else in the nation.” (2/16/11 the New York Times.) President Obama evidently agreed. With most of the land for the tracks already owned by the State, the environmental approval is already in place, as well as a sure fire revenue collecting stop between Orlando International Airport and Walt Disney World already donated, it seemed as though there could be no better place to begin laying foundations for a future horizon of American infastructure.

Simultaneously, this would cut carbon emissions, reduce our crippling dependency on foreign oil, and take cars off of the nation’s most dangerous highways (I-95, and I-4 have been consistently ranked in the top three most dangerous highways in the nation). With the 8 billion dollars already placed aside for creating 13 U.S. rail corridors, the President announced with great fanfare that 2.4 billion dollars of stimulus money would be devoted to the 2.6 billion dollar project of building the first American high speed rail in Tampa. Further, in a state where we suffer from nearly an 11 percent unemployment rate, this project would create an estimated 20,000 construction jobs and 1,100 permanent operation and maintenance jobs.

In light of such economic woes, the announcement of such a project is nothing short of an economic reviving shot in the arm. Despite the project’s 2.4 billion dollar wrapping paper, already paid for by the Federal Government and the slew of enthusiastic private companies willing to pay for any additional costs or losses, Gov. Rick Scott refused the President’s stimulus offer and scrapped the plan altogether, saying instead, “The truth is that this project would be far too costly to taxpayers and I believe the risk far outweighs the benefits” (according to Tampa Bay Online).  Perhaps the only apparent risk might be the political gain made by a President of an opposing party in our highly desired swing-state, but even the Republican establishment in Tallahassee is entirely outraged by Scott’s unilateral slashing of potential funds that would benefit people all over the state and in the long term, our country as a whole, while also giving back to Florida tax revenues from the Federal Government. “The Constitution doesn’t allow the governor to not spend appropriated funds,” he said. “We would certainly hope that in the future he would follow the appropriate policy with regard to his expenditures.” said State Sen. J.D. Alexander (R) of Lake Wales.

Meanwhile, according to China Investor Online, the financial holding company BlackRock increased its holding in Guangshen Railway Company to 7 percent, this past January. In fact, the NYSE saw an increase of 12 percent in the company’s stock, as many investment firms like BlackRock are eager to build high speed rails across the Chinese countryside. So much so, that it has also been estimated by China Investor Online that by 2012 China will be operating more High-Speed rails than the rest of the world combined. For a Governor whose campaign seemingly obsessed itself with its perceived relevance in the world of investment and business, it seems that Mr. Scott is rather ignorant of current investment trends. While the very investors that Scott claims to respect all see the incredible potential of the high speed rail as a means to building a prosperous future, the Governor slams the door in its face. Perhaps he is content with a competitive China, while his own state continues to flounder in obsoletism. It is becoming clear that this ill equipped governor would rather allow corporate profiteers an opportunity for returns, than to stand responsible for the common good of his state. Governor Scott bets on China, while Florida is denied a seat at the table.

St Petersburg Jetty Boating Accident Spurs New Lawsuit

Thursday, July 7th, 2011

Although the jetty wall near the Bayboro Harbor channel and Albert Whitted Airport was removed in 2010, its tragic consequences continue to haunt the City of St. Petersburg, Florida. Built around 1929 to curb erosion, the jetty was responsible for several serious boating accidents in recent years, including the October 2009 power boat crash that killed 17-year-old Paige Davison.  Most of the accidents occurred after dark or in other reduced visibility conditions because there were no lights or signs around the jetty to warn boaters as they entered and exited the channel leading out to Tampa Bay.

Just weeks after the 2009 accident involving Davison, another boat smashed into the same jetty in inclement weather, injuring passengers including Stacey Wicks.  Last month, Wicks filed a lawsuit against the City of St. Petersburg and owner of the boat, alleging that the city failed to maintain safe waterways and comply with the law, as well as neglected to give “adequate warning to mariners and recreational boaters of concealed perils,” according to the St. Petersburg Times.

As experienced boating accident lawyers, PERENICH The Law Firm represents victims of boat accidents and their families throughout the Tampa Bay, Florida area when others have needlessly placed them in harm’s way.  If you are in need of a boat accident lawyer, contact PERENICH The Law Firm today to speak to one of our injury attorneys.  Our offices are conveniently located in Clearwater, St. Petersburg, Tampa, Tarpon Springs, and Trinity, Florida.

FL Lawmakers Reject Bills to Protect Child Athletes from Head Injuries

Wednesday, June 22nd, 2011

The introduction of two bills in the Florida House and Senate earlier this year marked significant steps to protect child athletes from brain injuries. Unfortunately, they were stopped in their tracks and did not pass. HB 301 and SB 730 sought to require the Florida High School Athletic Association to remove student athletes who showed signs of a concussion from a game or practice until they received clearance from a physician.

Concussions are forms of traumatic brain injuries (TBIs), and if left untreated, they can be far more dangerous than previously believed.  Approximately 21% of  all traumatic brain injuries among children and adolescents result from playing sports and participating in other recreational activities.

It is disappointing that Florida legislators have rejected these critical measures to protect the state’s children from such deadly injuries. A number of other states have passed similar legislation in the past year, and several bills remain pending in other states.  Washington was the first state to pass its version of such a bill in 2009, called the Zachary Lystedt Law after a 13-year-old middle school football player who was allowed to keep playing after being hit in the head during a game.  He suffered a paralyzing brain hemorrhage after being hit a second time, requiring the removal of both sides of his cranium.

At the federal level, a related bill called the Children’s Sports Athletics Equipment Safety Act calls for stronger helmet standards and increases the penalty for sports equipment manufacturers who make false injury prevention claims.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in litigating brain injury cases through trial and a jury verdict. We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

Casey Anthony Trial Highlights Jury Selection Difficulty in High-Profile Cases

Tuesday, May 10th, 2011

It is the second full day of jury selection for the trial of Casey Anthony at the Criminal Justice Center on 49th Street North in Pinellas County, Florida.  Attorneys for the prosecution and defense are attempting to select a panel of 12 unbiased jurors and 8 alternates from a pool of Pinellas County residents.  Once impaneled, the jurors will be sequestered and moved to Orlando for the substantive portion of the trial, which is set to begin the week of May 16th.  Ms. Anthony’s defense attorney attempted to strike all 100 members of the initial jury pool yesterday on the grounds that they did not adequately reflect Orlando’s demographics.

Although Judge Belvin Perry appears hopeful that a jury will be impaneled by the end of this week, the media-fueled notoriety of this case since the disappearance of Caylee Anthony in 2008 and the focus on the two-year-old’s mother, defendant Casey Anthony, as a primary suspect in her homicide, has raised significant concerns over the ability to find 20 unbiased jurors and alternates.  This morning, a potential juror was dismissed after telling the court she was “already convinced” three years ago that Ms. Anthony was guilty.

Under Florida law and rules of procedure, a party may ask the court to find jurors or hold the trial in another location where it appears the person cannot receive a fair trial in the original location.  In situations such as this one, where there has been extensive, national media coverage for nearly 3 years by major news networks and television show hosts such as Nancy Grace, importing jurors from Pinellas County, less than two hours from Orlando, Florida, does little to increase the chance of finding anyone unfamiliar with the allegations against Casey Anthony, much less anyone who may truly be impartial in such an emotionally-charged case.  Indeed, questioning prospective jurors from another state still would not ensure an easier jury selection process and prevent a widespread tainting of the jury pool.  This situation also raises the question of whether there is a potential conflict between the First Amendment’s guarantee of freedom of the press and an individual’s Fourth Amendment right to due process and a fair trial.

Another challenging aspect in selecting a jury is the length and location of the trial.  The trial is expected to last 6-8 weeks and take place in Orlando, presenting a tremendous hardship on jurors with jobs, families, and other responsibilities.   Approximately 43 prospective jurors were dismissed yesterday for hardship reasons.

Click here for a link to live video coverage of the trial.

The trial attorneys at PERENICH The Law Firm have more than 70 years of combined experience in litigation and have represented clients in numerous jury trials in Pinellas County and throughout the Tampa Bay area.

PERENICH The Law Firm Sponsors the Clearwater Bar Oyster Roast

Friday, April 1st, 2011

Last Saturday, hundreds of lawyers and judges from Clearwater, Tampa, St. Petersburg, and New Port Richey enjoyed seafood jambalaya and other fare at the 65th Annual Clearwater Bar Association Oyster Roast, courtesy of Savannah’s Cafe in St. Petersburg, Florida, and PERENICH The Law Firm, which sponsored the event.

Savannah’s famous seafood jambalaya was one of the most popular items at the Oyster Roast.  Located at 1113 Central Avenue in St. Petersburg near Ferg’s Sports Bar and Tropicana Field, home of the Tampa Bay Rays, the restaurant offers traditional Southern fare with a contemporary twist, thanks to the innovative Chef Sal and owner of the restaurant, John Warren.

This was PERENICH The Law Firm’s first year as a food sponsor at the Clearwater Bar Oyster Roast.  The firm, whose practice concentrates on personal injury, medical malpractice, bankruptcy, and foreclosure defense law,  is already planning for next year’s event.

Avoiding Accidents on the Water this Spring

Monday, March 21st, 2011

Now that spring has ushered in warmer weather, Tampa Bay area residents from Clearwater to St. Pete and everywhere in between are finally able to enjoy Florida’s beaches and wide assortment of activities on the water.  These include boating, swimming, kite surfing, and jet-skiing.

Motor boats and jet skis carry a particularly high risk of personal injuries from collision and rollover accidents.  This is because power boats and personal watercraft are able to travel at speeds of over 70 mph, making them unstable and difficult to maneuver around slower sailboats, kayaks, and kite surfers.   In January of this year, a woman suffered injuries when she jumped in the water in the Intracoastal Waterway in St. Petersburg and was struck by a boat propeller.  The driver of the boat had not seen the woman in the water, according to the Tampa Bay Beacon.

At PERENICH The Law Firm, our boating and jet ski accident injury attorneys have represented many victims and their families in helping them recover for their injuries and damages from accidents caused by the careless, negligent, and reckless acts of others on the water.

This season, be sure to take all safety precautions, including wearing life vests, carrying a radio, and reviewing Florida safety laws for boats and jet skis, which are considered motor vehicles.