DeWitt Law Firm - February 2022

DeWitt Law Firm - February 2022

The

Digest

FEBRUARY 2022

DeWittLaw.com

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PROTECT YOURSELF FROM DANGEROUS DRIVERS

While tourism is certainly great for our economy, it can also make driving more stressful since most visitors to the state of Florida are not familiar with our roads or are distracted by all of the sights. For this reason, you need to make sure you stay safe while driving through our beautiful state. Did you know that four of the five most dangerous freeways in the country are in Florida? Well, it’s true, and I-95 (especially the portions in Jacksonville and Brevard County) is actually the most dangerous freeway in the nation. Poorly maintained roads, poor visibility, and missing traffic signals and signs all play into what makes

Florida’s roads so dangerous. Add in the numerous tourists and distracted drivers and you’re left with a recipe for disaster. While there’s nothing you can do about other drivers being distracted on the road, you can help keep everyone in your car safe by putting your cellphone away. It’s never a good idea to use your phone while driving, even if you’re stopped at a light. You also shouldn’t put on makeup, eat, or do anything else while driving that will take your full attention away from the road. If you’re not distracted, you’ll be more likely to spot other drivers who are driving erratically.

Being alert and keeping distractions away will help you avoid most accidents, but some are inevitable and completely out of your control. That’s why it’s important to have Uninsured Motorist (UM) Coverage as part of your insurance coverage. This coverage protects you and your family if you’re involved in an accident and the other driver is at fault, but does not have any bodily injury coverage or enough coverage to cover your injuries and damages. This coverage is extraordinarily important in Florida as we have the highest rate of uninsured motorists on the roads with an estimated 26.7% of drivers not having any insurance. Further, we are the only state in the nation the doesn’t require bodily injury coverage, which is the coverage for when someone hits you and hurts you. Uninsured motorist coverage can be a saving grace if you’re involved in an accident and the insurance company is not allowed to raise your rates for using your coverage, unless you have made multiple claims within the past three years. Outside of the four years I spent in Georgia earning my undergraduate degree, I have lived in Florida for my entire life and have seen some tragic accidents. You do not want to end up as another statistic. Give your undivided attention to the road and drive distraction-free. It will help ensure that your car and life stay safe while you’re on the road. If you’ve been involved in an accident and don’t know where to turn next, give our office a call. I am always happy to spend a few minutes with you to give you some advice, even if you do not need a lawyer.

Carter DeWitt, unlicensed and possibly dangerous driver

– Moe DeWitt

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PERSONAL INJURY - AUTO ACCIDENT - DIVORCE

Brock vs. Brock

THE MAN WHO SUED HIMSELF

On July 1, 1993, Robert Lee Brock made a mistake. By his own account, he had a few too many alcoholic beverages that evening, and in his drunken state, he committed

since he was a ward of the state, he explained that Virginia should pay the $5 million on his behalf. After all, he was incarcerated and unable to work, and the state was responsible for his care. Plus, he promised to pay the money back after his release. In a move that shocked no one (except, perhaps, Brock), Judge Rebecca Beach Smith dismissed his case. While she did call his claim “ludicrous,” she also praised his creativity, stating that he “presented an innovative approach to civil rights litigation.” Perhaps the lawsuit against himself wasn’t his first or last attempt at legal restitution. He once filed 29 complaints in a single year. Due to the repeated suits, the court removed his ability to file further litigation. “None of Brock’s allegations have ever been found by any court to have any merit,” the decision read. “Because Brock’s repeated, frivolous claims have placed a significant burden on this court, as well as on the district court ... we hereby impose sanctions upon Brock.” Brock’s case ranked No. 3 on Time Magazine’s list of Top 10 Outrageous Legal Battles. So, while he didn’t achieve wealth, he did gain fame. It was an impressive feat for a man who found a novel way to take personal responsibility for his actions.

breaking and entering, as well as grand larceny. Brock was arrested, and the court sentenced him to 23 years behind bars at the Indian Creek Correctional Center in Chesapeake, Virginia. In 1995, Brock decided he deserved restitution. Reasoning that he had violated his own civil rights, he sued himself for $5 million. For his family’s pain and suffering, as well as his children’s college tuition, he requested $3 million. He also asked for $2 million to support his needs during his 23-year prison sentence. Central to Brock’s claim was that, due to his drinking, “I caused myself to violate my religious beliefs. This was done by my going out and getting arrested, which caused me to be in prison.” And

YOU MAY BE ENTITLED TO COMPENSATION THE DANGER OF TALC PRODUCTS

We are reviewing cases on behalf of women who developed ovarian cancer or mesothelioma after using talcum (talc) powder or other talc products. Since 1971, more than 20 studies have linked talcum powder to ovarian cancer. It has been alleged that Johnson & Johnson, the maker of popular talc-based products, knew about the risk of ovarian cancer since at least 1982, but they failed to warn women who used these products. In addition, recently unearthed information showed that Johnson & Johnson knew of the possible link of asbestos to their talc products. The first study to suggest that talc may cause ovarian cancer was published in 1971 in a medical journal, The Lancet. In the study, researchers discovered that a majority of ovarian tumors had talc particles “deeply embedded” in them. Then, in 1982,

researchers found that women using talcum powder during ovulation were 92% more likely to develop ovarian cancer. During the next three decades, an additional 21 studies were performed on talc powder, and almost all of these studies found that women using these products near their genitals were at an increased risk for developing ovarian cancer.

Thousands of people who have been diagnosed with ovarian cancer and

mesothelioma have filed lawsuits against companies that use talc in their products. Johnson & Johnson has been at the center of many recent lawsuits where victims claim they developed cancer after using the company’s talc-based items consistently for years. According to internal Johnson & Johnson documents, the company concealed this information from the public and refused to put safety warnings on its items or remove them from sales shelves. If you have been diagnosed with mesothelioma or ovarian cancer after using talc-based products, you may be eligible to file an individual lawsuit, especially if you have a consistent history of using such wares over a significant period of time. If you would like to discuss your options, please contact us today.

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2022 Brings 3 New Laws to Florida Every year, when the clock strikes midnight on New Year’s Day, new laws go into effect across the country, and 2022 is no different. There are several new laws that went into effect on Jan. 1, and it’s important that you keep yourself updated in case one of these laws applies to you or your business. Below are three new laws that went into effect in Florida this year.

SB 566 This is an important and new law for anyone who uses peer-to-peer car-sharing services such as Toro. SB 566 created taxation, insurance, and operational requirements for these car-sharing programs. This new law requires that all rental vehicles remain current on safety recalls. Owners and drivers are also required to meet state-minimum insurance levels. As a final note, those who rent their cars will also be required to collect sales tax from rentals. This law was created with the goal of making peer-to-peer car rentals safer for everyone.

SB 252 If you have a child who belongs to a day care, this law will provide some extra relief whenever they make a field trip. SB 252, also known as the “Child Safety Alarm Act,” requires that all child care transport vehicles must be equipped with an approved alarm system that prompts the driver to inspect the vehicle for the presence of children before leaving the area. This law should make attending trips with a child care facility safer in the future.

WORKERS’ COMPENSATION INSURANCE RATES DECREASING Employers won’t have to pay as much for workers’ compensation insurance in the new year. Florida’s insurance commissioner, David Altmaier, signed off on a 4.9% decrease for new and renewed policies starting this past January. “This 4.9% reduction in workers’ compensation rates lowers insurance costs for employers in 2022. Safer workplaces, innovative techniques, and improved risk management practices have resulted in the continued decline in workers’ compensation claims, ultimately benefiting Florida businesses,” said Altmaier.

Chocolate Pecan Fondue

Inspired by TasteOfHome.com

This Valentine’s Day, forget the entree! Surprise your honey with a delicious chocolate treat!

INGREDIENTS

• • •

1/2 cup half-and-half cream

• •

1/4 cup pecans, finely chopped

2 tbsp honey

1 tsp vanilla extract • Fresh fruit of your choice • Shortbread cookies • Large marshmallows

9 oz semisweet chocolate, broken into pieces

DIRECTIONS

1. In a sturdy saucepan over low heat, combine cream and honey. Stir until mixed thoroughly and heat until warm. 2. Add in chocolate, stirring until melted. 3. Stir in pecans and vanilla.

4. Transfer to a fondue pot or a slow cooker to keep warm. 5. Serve with fruit, cookies, and marshmallows of your choice.

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Protect Yourself From Dangerous Drivers

1

The Man Who Sued Himself

2

Have You Used Talc Products?

2

2022 Brings 3 New Laws to Florida

3

Chocolate Pecan Fondue

3

Include Mother Nature in Your Next Date

4

You, Me, and the Great Outdoors 3 OUTSIDE DATE NIGHT IDEAS

Did your significant other leave it up to you to come up with a romantic date idea this Valentine’s Day? Luckily for you, there are tons of date activities that are easy and affordable for you to enjoy with Mother Nature. While the possibilities are endless outside, here are three popular outdoor date ideas! WATCH THE SUNSET. Sunsets are intuitively romantic: The sun paints the sky in calming reds, pinks, and purples, creating a beautiful backdrop. While watching the sunset, you and your partner can have a romantic picnic with the sky in view. Or you can embrace the scenery with your other half and create memories you both will never forget. GO STARGAZING. If you live in the city, stargazing is a good chance to escape for the night and get away from the light pollution in the city. If you already live in a location where you can easily

see the stars, take advantage of the peaceful privacy with your loved one. Maybe you’ll spot a shooting star you can wish upon while you’re out there! HIT UP A DRIVE-IN MOVIE. If you’re looking for a way to be extra comfy while still sitting outside, a drive-in movie is the best destination! The best part about a drive-in is that you can view both new and old movies as well as bring your own snacks and drinks. If the weather permits and if you have a truck, you can load the bed with blankets and pillows and have a cozy night while watching a movie. These date night ideas are perfect for Valentine’s Day, but they don’t have to be limited to just the holiday! You can also consider these for any date that you have with your significant other. Nothing brings couples closer like being together with nature.

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PERSONAL INJURY - AUTO ACCIDENT - DIVORCE