Wednesday, October 29, 2014

Jurors recommend $2.6M payout for woman run over by lifeguard in Daytona Beach Shores


Posted: 5:19 p.m. Friday, June 27, 2014
Jurors recommend $2.6M payout for woman run over by lifeguard in Daytona Beach Shores
http://www.wftv.com/videos/news/video-jurors-recommend-26m-for-woman-run-over-by/vCgdtt/

VOLUSIA COUNTY, Fla. —
A jury awarded woman who was run over by a Beach Patrol truck more than $2 million for the accident that left half of her face paralyzed.

Erin Joynt, 36, said she suffered life-long injuries when she was hit while sunbathing in Daytona Beach Shores nearly three years ago.

Late Thursday afternoon, following more than three hours of deliberation, a Volusia County jury recommended awarding Joynt $2.6 million in damages, including $2 million for pain and suffering.

State law says a payout the size of the one recommended in Joynt's case has to be approved by the Florida Legislature.

Joynt was run over while sunbathing in 2011. Her children and husband were nearby when the accident happened.

"(We're) very happy for the verdict. We thank the jury for their service," said John Phillips, who represented Joynt in the suit.

Phillips said there's still work to do.

A Florida statute protects the state, its agencies and subdivisions from liability of a claim exceeding $200,000.  The law spells out the next step for a claim or judgment exceeding that amount. That involves reporting the ruling to the Legislature.

That means the decision on payout will be made in Tallahassee.
 
"I think some of the evidence wasn't there to support that level of a verdict but how do you decide what to pay someone for pain and suffering?" said Volusia County Attorney Nancy Jones.

In court, Jones pointed out that Joynt had pre-existing medical conditions.

The accident paralyzed the left side of Joynt's face. She said she also suffers from hearing loss, loss of vision and aches and pains that have changed her lifestyle.

“We are still an active family, but Chris (Joynt’s husband) takes on the majority of the running around,” Joynt said. “It wears me out more now

The law says $200,000 is the maximum amount per claim, and it includes all money paid related to the incident. Joynt's family members were already paid out by Volusia County earlier this year. That settlement included $134,000 for her husband and $15,000 each for her two children.

"Hero" Lifeguard Jumps From Pier Into Pounding Surf to Save Swimmer

"Hero" Lifeguard Jumps From Pier Into Pounding Surf to Save Swimmer

A swimmer in distress was rescued from heavy surf that slammed the Orange County coastal community of Seal Beach and flooded beachfront homes

A lifeguard jumped from a pier Wednesday morning into high surf to rescue a swimmer who was caught in the water off an Orange County beach community that was slammed overnight by a storm surge generated by Hurricane Marie.
The lifeguard jumped from the middle of a pier off Seal Beach and swam through pounding surf to reach the swimmer, identified as a man in his 60s, according to police. The lifeguard responded after he was notified by a surfer that the man was in distress.

"He jumped off the pier and very heroically saved the individual," said Seal Beach Police Chief Joseph Stilinovich, who estimated the lifeguard covered "several hundred yards" to reach the swimmer. "I want to emphasize, that lifeguard is a hero,"

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Negligent Lifeguards

Negligent Lifeguards

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Negligent Lifeguards and Pool Accidents

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No one can train certified lifeguard


There is lot of organization argued that no one can train certified lifeguard but expect by certified lifeguard instructor or organization. But in my point of view those arguments can bring down easily hence national and international level of lifeguard training, certification only provides a sound of foundation for lifeguards. It’s and just that beginning its up to the aquatic manager or lifeguard supervisor to take that newly certified lifeguards and help them to develop into highly skilled profession rescuer- by Palitha Ariyarathna