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Archive for March, 2007

03 15th, 2007

One state that still uses the death penalty is Florida. An article posted on August 2, 2006, tells how three criminals beat six people to death at one of the convict’s girlfriend’s house because she would not give back his X-Box. When the criminals went to trial, the juries verdict came back saying that two of the three men are sentenced to death by lethal injection and the other man sentenced to life imprisonment.

 Even when someone is condemned to the death sentence, it may take years for the courts the carry the sentence out. The average stay on death row in Florida is 12.83 years. In Florida, we use lethal injection and the electric chair to carry out the sentences. Waiting almost thirteen years knowing you await death eats away at you. By the time the sentence is going to be carried out, you are happy it is coming to an end.

 Let’s look at a less severe crime in which no human is physically harmed. In July 2004, White Construction Company in Tallahassee Florida was charged with six counts of grand theft. As a result, the company was placed on probation for thirty years and is barred from now on from doing business with Florida Department of Transportation (FDOT). The company was held responsible for paying restitution, the act of restoring something to its original state, costs of investigation and prosecution. The total amount owed from the FDOT totaled $1.5 million and was fined sixty-thousand dollars. If it was an individual committing to offense, they would most likely get about five years in prison. And that is just for theft of about one-thousand dollars.


03 12th, 2007

Through life, everybody finds out sooner or later that every action you make has a consequence, whether it is good or bad. If you touch fire, you get burned. If you feed a plant, it grows. The same principal applies for the law. If you break the law and get caught, you face the consequences. And the consequences you receive all depend on the severity of the law that is broken.

 The punishment criminals face differs in many aspects. The punishment can be different in different cities, different states, and even different countries. In the United States, if you commit a certain crime and go to jail, whatever the crime may be, you are look upon as the scum of the earth. In places such as Germany and France, depending on the offense, prisoners receive good health care and even paid vacations. In the U.S., the best thing you get is the privilege to maybe play basketball.

 The punishment you receive in the United States depends on many factors. If you have a criminal background, if you are a first time offender, and especially the crime you committed. In many states, if you murder someone, or even rape someone, you get the death sentence. This shows you how harsh America’s punishments are.


03 9th, 2007

Date

Smith & Jones
6261 NW 17 Court
Sunrise, FL 33313

Fed-Ex Account Number – 0020394-8376      Fax – (305) 624-4456

Pinnacle Properties
7345 Maple Street
Margate, FL 33456

To Whom It May Concern:

 This firm represents Kaylan D. Colon, a resident currently residing at 311 NW 78 Terr. Bldg. 33, Apt. 104, Pembroke Pines, FL 33024. On September 2, 2005 my client spoke with Mary Lee Kowolskowittzz at your management office regarding problems she was experiencing with her air conditioning unit.  My client was assured that the situation would be taken care of promptly.  On September 19, my client contacted you once again with the same complaint and spoke with Guadalupe Benchita and was once again reassured that the problem was being worked on and that they would contact my client as soon as they found a licensed contractor to come and check her air conditioning unit since the maintenance repair man was on a leave of absence.  On October 16, 2005 our client experienced flooding due to the broken air conditioning unit and reported it to the management company immediately.  Pinnacle Management contracted Ian Jones Cooling and Heating Specialists who repaired my client’s air conditioning unit on October 18, 2005 and my client was told by your management company  that a flood restoration specialist  would be sent out to extract all the excess water caused by the broken air conditioning unit. My client called Pinnacle Properties management company on several occasions between October 18, 2005 – November 30, 2005 regarding the mess that the broken air conditioning unit caused.  On November 16, 2005 my client was diagnosed with severe allergic rhinitis which put her in and out of the hospital on several occasions.  After extensive testing and treatment over the next six (6) months it was proven ultimately that this condition was being caused by stachybotrys or more commonly known as toxic black mold.  My client then went to her local Ace Hardware and purchased a Toxic Black Mold Testing Kit, collected the samples from her apartment and sent them out to a mold testing lab to be tested.  My client received a positive reading for mold in her apartment.  My client immediately brought this to the attention the management company with written documentation from the lab that tested for the mold, letters from her doctors from the past six (6) months stating that her illness is directly related to the mold found in my clients apartment and a written request from my client to fix the problem immediately or release her from her lease with no penalties.  Pinnacle properties then sent my client a letter dated June 1, 2006 stating that the mold would be removed and that the carpets and pieces of the wall would be replaced no later then July 1, 2006.  Today is July 6, 2006 and nothing has been done.  My client demands that she receive compensation for the medical treatment received, The Toxic Black Mold kit and for testing costs in the grand total amount of 20,000$ in addition to the letter she received from Pinnacle Properties being honored, in full, by 12:00pm on  July 25, 2006 or a complaint will be filed at the Broward County Court.
Sincerely,
John Smith
    
  On June 1, 2006, Pinnacle Properties entered into a written agreement with our client stating that the carpets would be replaced and that the mold that is causing my clients illnesses would be removed no later then July 1, 2006.  


03 6th, 2007

 

To the best of our knowledge and belief, Mr. John J. Edwards was unable to work for 5/20/04 through 6/15/05 due to the seriousness of his health. Accordingly our client has lost approximately $55,638.48 in wages as a result of his injuries. His approximate yearly income was in excess of $54,658.88. Currently Mr. Edwards is employed with desk duty and has a decreased annual income.

We are seeking five million dollars ($5,000,000,000.00) for past and future medical costs. Mr. Edwards, by all standards is a young man with the symptoms of an 80 year old man. He cannot breathe without an oxygen mask, he is bed ridden most days due to extreme muscle weakness, he is constantly coughing up blood, and is looking at paralysis in the near future. (Please see enclosed pathology reports). Mr. Edwards’ prognosis is grim, but he’d like to know that his family will be taken care of when he is gone. To amicably resolve this matter we demand payment to be received in our office no later than midnight August 24, 2006. Payment should be in the form of a cashier’s check or money order.  If payment not received by the date mentioned above, we will pursue further action.

Very truly yours,

John Smith, Esq.
For the Firm


03 3rd, 2007

 

The National Cancer Institute states that: malignant mesothelioma is a rare form of Cancer in which cancer cells are found in the sac lining the chest. Most people with mesothelioma have worked on jobs where they would inhale asbestos found in the air. Research has proven that W.R. Grace has operated a vermiculite mine in Libby, Montana. It has been discovered that the vermiculite that are mined in Libby are contaminated with asbestos. W.R. Grace shipped the vermiculite that is located in other states for processing packaging and distribution. At such facilities, the raw vermiculite was exfoliated; a process that releases trapped asbestos fibers into the air. Copulous amounts of asbestos dust were present at these sites and airborne. Asbestos fibers dispersed into the air between 1948 and 2004, over 330 thousand tons of contaminated verculites was in Trenton, New Jersey. Hundreds were also sent to Edgewater, New York and Camden.

It is our contention that your insured failed to use ordinary care in: a) keeping the premises in a reasonably safe condition and b) correcting damages conditions of which the owner knows, or should reasonably know and see given timely notice that are known or should be known to the owner. Your insured obligated to act as any reasonable prudent person would in maintaining the premises in a safe condition. Additionally your insured should have undertaken reasonable steps to repair any damages of which they had actual or constructive knowledge. This duty is nothing more than the reasonable person standard used in negligence case. [See Hylazewski v. Wet ‘N Wild Inc. 432 so. 2d 1371., 1373 (Fla., 5th DCA 1983); Pittman v. Volusia County, 380 so. 2d 1192, 1193 (Fla., 5th DCA 1980].

Furthermore, your insured is under an affirmative duty to inform the invitee of concealed damages when they are either known or should be known to the possessor of the premises. As a result of your insured’s negligence, our client has suffered serious and fatal injuries.