Starbucks $40 Million Spilled Tea Lawsuit

(Photo by Aleksander Kalka/NurPhoto via AP)

A spilled drink leads to a mess, but in one case, a spilled hot tea led to a $50 million lawsuit. Why was Starbucks ordered to pay millions to a man after a drink spilled into his lap?

A Delivery Turns Into a Trip to the ER

On February 8, 2020, Michael Garcia was a 25-year-old delivery driver for Postmates. He responded to an order at a Los Angeles Starbucks to pick up three venti hot teas. The venti size at Starbucks is 20 ounces of fluid for a hot drink.

Video footage from Starbucks captured Garcia’s encounter with the barista as he picked up the three hot teas from the drive-through window, per a report by the New York Times. The barista placed the three teas in a cardboard holder and handed it to Garcia. One of the drinks tipped and spilled into Garcia’s lap. The video shows Garcia writhe in pain and drive away.

Garcia left Starbucks and drove to an emergency room where he was treated for third-degree burns on his penis, groin, and inner thighs. The incident would lead to multiple medical treatments and to Garcia filing suit against Starbucks.

Related: Want to Sue for Personal Injury? Take These 4 Steps   

Suing Starbucks for Personal Injury

The incident left Garcia with serious burns that required multiple skin grafts and medical treatments on his groin area. The severity of his injuries led him to file a personal injury lawsuit against Starbucks.

According to his attorneys, the barista “negligently failed to properly” secure the drinks in the holder. She also failed to fasten the lid tight enough that it would not fall off. Attorneys said Garcia was due damages for the pain and suffering the incident caused.

Garcia “has lived for five years with the disfigurement, pain, dysfunction, and psychological harm caused by the burns,” his lawyers said.

The lawsuit sought damages to cover Garcia’s physical pain as well as mental suffering, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, and anxiety, according to the jury award.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

A Jury Awards $50 Million in Damages

Roughly five years after the incident, Garcia won his case against Starbucks. A jury awarded Garcia more than $50 million in damages. Garcia’s attorneys say the award is likely to total more than $60 million after interest, attorneys’ fees, and costs are added.

Starbucks says it plans to appeal. Jaci Anderson, Starbucks’s director of corporate communications, said in the statement, “We disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive.”

The award isn’t the first time a fast-food chain has been found liable for burning a customer. In 1994, a woman sued McDonald’s after she said she was burned by hot coffee spilled in her lap. The woman was originally awarded $2.7 million, but a judge later reduced the jury’s verdict.   The Starbucks case has a substantially higher award.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

Determining Personal Injury Awards

Personal injury compensation covers a wide range of damages that are both monetary and non-monetary. Because the specifics of each personal injury case are different, the amount of damages for each case will also be unique.

Damages may include:

  • Special compensation damages with a specific monetary amount that cover immediate medical bills, future medical bills, cost of home care, lost income, property damage, loss of future income, etc.
  • General compensation damages that don’t have a specific monetary value such debilitating long-term physical impairments, physical disfigurement or deformities, emotional trauma (stress and anxiety), loss of consortium or companionship, and damage to lifestyle because of the injury.
  • Punitive damages that may include an additional financial award if there is proof that injuries were a result of malicious or intentional actions.

In this case, Garcia sought both special compensation to cover his medical bills and related expenses as well as general compensation to cover the medical anguish and emotional toll the incident had on him. He was awarded damages for both by the jury.

Related: Personal Injury Compensation: What Can You Fight For?

Do You Have a Personal Injury Case to Discuss?

If you have been injured by the negligence of another party, you deserve compensation to treat your injuries and support your healing journey. A personal injury attorney can help you hold a negligent person or company accountable for damages to your physical and mental health.

If you have an injury case, talk to an attorney right away. Review the details of the incident to determine if you have a case worth fighting for. To get an expert opinion about your case, schedule a call with TJ Grimaldi. TJ is an experienced personal injury attorney who can review your case and provide you with options. Plus, all consultations are free. Schedule your consultation or call 813-226-1023 now.

Taking a ride on a golf cart doesn’t seem like it could lead to a life-changing moment. But, for two individuals in Florida, one ride changed their lives forever. One lost her life, while another is now facing up to 15 years in prison.

What happened, and why are there serious criminal changes in this tragic case?

A Deadly Golf Cart Ride

Late at night on March 9, 2025, Richard Keil, 58, and a woman took a ride in a golf car. Keli is a resident of The Villages, a senior living community located in central Florida. The woman, whose identity has not been released, is a resident of Illinois and was visiting the area. She would not be returning home. The Florida Highway Patrol shared the details of what happened based on a statement from Keil.

At around 1 am, Keil was driving the golf cart on the road of a residential area, according to the Tampa Bay Times. The golf cart was heading north on San Marino Drive when it encountered a parked car near the intersection of Santa Clara Circle. Keil swerved to avoid a parked car, and the sudden movement caused the woman to fall from the golf cart.

The woman was seriously injured and taken to a local hospital, where she later died from her injuries. Keil appeared to exhibit signs of impairment. He was arrested by FHP and charged with DUI manslaughter.

Related: What to Expect From a First Offense DUI

Golf Cart Driver Charged with DUI Manslaughter

A DUI is a serious charge, but a DUI manslaughter charge is even more consequential. Florida DUI laws and their potential punishments are outlined in Florida Statutes 316.193. DUI penalties are enhanced when the incident leads to damages, injury, or the death of another person. When a DUI leads to death, it is considered manslaughter.

DUI manslaughter is defined by Florida Statute 782.07 as “the killing of a human being by the act, procurement, or culpable negligence.” It is a second-degree felony and comes with a mandatory prison sentence of four years. The maximum sentence is 15 years in prison, 15 years of probation, and up to a $10,000 fine.

An individual can be charged with DUI or manslaughter as separate crimes, but they become one charge when the crimes occur at the same time. For Keil to be convicted, state prosecutors will have to show that he was impaired and under the influence while driving and took action that led to the death of another person.

Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next 

Yes, You Can Get a DUI on a Golf Cart

While DUIs are often associated with individuals being under the influence of alcohol while operating a vehicle, a DUI can include many other situations.

A DUI, or driving under the influence, does not only refer to being intoxicated by alcohol. A person could be charged with driving while intoxicated, DMI, if impaired by alcohol as well as drugs or even prescription medications.

You do not need to be driving a vehicle to get a DUI or DWI. Depending on the jurisdiction, a person could be charged with a DUI while operating a variety of motorized and non-motorized modes of transportation such as:

  • Bicycles and e-bikes
  • Electric scooters
  • Boats
  • Jet skis
  • ATVs
  • Golf carts
  • Tractors and lawn mowers
  • Horses and horse-drawn carriages

The type of transformation and whether it is motorized or non-motorized has no bearing on the severity of a DUI charge. If you are intoxicated by a substance and controlling a mode of transportation, you could possibly be charged with a DUI.

Each state has its own set of DUI laws, so it is important to know and understand the statutes of your state if charged with driving under the influence.

Related: Is a DUI a Felony in Florida? What Charges Should You Expect?

Get Legal Support for a DUI

A DUI, whether it is a first-time offense or a second-degree felony, is a serious criminal charge. The choices you make during the legal process can impact the rest of your life. If you are charged with a DUI, take the situation seriously. Talk to an experienced DUI attorney right away.

An experienced attorney knows how to fight against the charges to get you the best possible outcome for your situation. If you need legal advice about a DUI or other criminal charge, we’re here to help.

Contact our office to schedule a free consultation with criminal defense attorney, TJ Grimaldi. Request your consultation or call 813-226-1023 today.

Extortion Attempts on Tampa Bay Buccaneer Player Rachaad White

(AP Photo/Jerome Miron)

On February 25, 2025, Tampa Bay Buccaneer player Rachaad White announced that he is involved in an illegal extortion attempt that is now being investigated by law enforcement. White retained TJ Grimaldi and Michelle Gervais to represent him in the matter.

The attorneys released a statement about the case to the public. It read: “The FBI and other appropriate authorities are currently looking into an extortion attempt against Rachaad White. Illegal and defamatory threats and demands against Rachaad and his family will be met with zero tolerance. We will continue to exercise all legal avenues to protect Rachaad’s rights as a victim of extortion.”

Details of the case are limited at this time as the investigation is in process, but White’s attorney confirmed that he has received threats and demands in an attempted extortion. Law enforcement is now involved and investigating the matter.

Multiple national news and sports outlets covered the announcement including:

Who Is Rachaad White?

Rachaad White, 26, is a well-known running back on the Tampa Bay Buccaneers. White was selected by the Buccaneers in the third round of the 2022 NFL Draft.

In his first three seasons with the Buccaneers, White ran for 2,084 yards and 10 touchdowns. His contract with the team ends in 2025. He is slated to make $3.2 million from the contract, per ESPN.

White has retained two Tampa-based attorneys to represent him in the extortion investigation. They are TJ Grimaldi and Michelle Gervais.

Related: Dealing With the Media During a High-Profile Case: What to Expect

How Serious Is an Extortion Charge?

Because federal law enforcement is investigating the case, it could result in state or federal charges against those accused of extorting White.

In Florida, extortion is second-degree felony defined by Florida Statute 836.05 as, “Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever.”

Penalties for extortion in Florida include up to 15 years in prison and up to $10,000 in fines.

Extortion is also a serious federal crime. Depending on the specifics of the case, federal extortion crimes could result in punishment of up to 20 years in prison.

Related: Get Good Legal Representation by Asking This One Question

What’s Needed to Win an Extortion Case?

Extortion is a criminal charge, which means state or federal authorities bring cases against individuals charged with the crime. State or federal prosecutors present their case against the defendant.

To win an extortion case, prosecutors must prove:

  • The defendant made an intentional threat to a victim.
  • The threat was made to obtain something from the victim.
  • The defendant intended to make the victim act against their will.

Law enforcement is currently investigating the case. The amount of evidence they find to prove these points will determine if they choose to file charges or not.

Related: Misdemeanor vs Felony: What’s the Difference? 

Who Is Representing White?

TJ Grimaldi is an attorney based in Tampa, Florida. Grimaldi practices personal injury, criminal defense, and family law. He has experience with both civil and criminal law and has worked with other high-profile clients and cases. Most notably, Grimaldi represented Nicole Oulson, the wife of Chad Oulson, who was shot and killed in a movie theater in Wesley Chapel, Florida, in 2014. Grimaldi represented Oulson through the criminal case against the man accused of killing her husband and through her personal injury lawsuit, as she was also shot during the incident.

Michelle Gervais is an attorney based in Tampa, Florida. She is a partner at Blank Rome, where she co-chairs the sports law practice. She has experience advising high-profile athletes, celebrities, executives, and businesses in complex disputes that involve the intersection of business and family law matters.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Work with an Experienced Attorney

When navigating complex legal situations, you need a trusted attorney by your side. Find an attorney with experience and expertise related to your situation. TJ Grimaldi has a wide range of experience managing both criminal and civil cases. If you have a complex legal situation to discuss, bring his experience to your case.

Request your free consultation or call 813-226-1023 today.

Davis Island Dog Park Attack

A gathering at the Davis Island Dog Park turned into an evening that would change lives forever after a group of teens violently attacked another teenager. Now, at least six teens are facing serious charges for their role in the attack.

What happened, and why are the teens being charged as adults?

An Attack at David Island Dog Park

On the evening of February 13, 2025, a group of teenagers gathered for a small bonfire at Davis Island Dog Park. At around 10:30 pm, the gathering turned violent.

Videos from multiple cell phones showed the scene. Two boys in a black pickup truck were surrounded by a group of teenagers. One of the teens is seen wielding a knife.

At one point, a teen throws a rock at the window of the truck. Then, the group of boys gets inside the car and pulls the passenger out on the pavement. From there, roughly six boys hit and kicked the passenger until he became unconscious, according to reporting by FOX 13.

TJ Grimaldi described the footage to FOX 13, “Pretty sickening. Makes me concerned for my kids. You see that this kid is being stomped on and kicked and down and looks unconscious by a mob of kids.”

What Are the Charges?

Two days after the incident, five teenagers were arrested. Another was arrested the following day. The teenagers involved mostly included minors. All but one of the boys were between the ages of 15 to 17. One was 18 at the time of the incident.

Five of the teenagers appeared in Hillsborough County court on February 21, 2025, and were officially charged with attempted first-degree murder, per reporting by FOX 13. Those charged included Owen Callahan, 17; Jacob Ely, 17; Joseph Gesuale, 16; Jace Villanueva, 16; and Grayson Shearer, 15.

Hillsborough State Attorney Suzy Lopez said she plans to prosecute all the suspects as adults.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Teens Facing Attempted Murder Charges as Adults

Florida Statute 985.557 defines how and when minors can be charged as adults for crimes. The statute says minors must be 14 or older at the time of the crime and that the charge may be elevated “when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed.”

Grimaldi is not surprised the teens are being charged as adults and correctly predicted the elevated charges. Before the charges were announced, he told FOX 13, “The state has the option to charge them as adults, and I think, with current society, current people in power and everything, I think they’re going to be charged as adults.”

The teens now face serious charges as adults.

Attempted first-degree murder is defined by Florida Statute 782.051. It is a first-degree felony that is used when there is an intent to kill another person. It says a defendant had a plan to kill and took significant steps toward committing murder.

The penalties for attempted first-degree murder include fines up to $10,000 and up to life in prison without parole.

Related: Misdemeanor vs Felony: What’s the Difference? 

Will The Charges Stick?

It’s unclear if the defense teams for the teens will fight against the elevated charges. At least one of the teen’s defense attorneys believes that the charges against his client are wrong.

Grimaldi thinks the defense teams may point to the behavior of the victim prior to the attack in their defense arguments.

The fight seems to have been triggered by messages exchanged by the teen in the car with those who attacked him. A social media message posted by an anonymous user shows a message that includes racial slurs and threats supposedly sent by the victim to one or more of the teens who assaulted him.

“It may create some concern from a prosecutor’s standpoint about being able to move forward with charges because of what the alleged victim was saying and happening beforehand,” Grimaldi says.

But Grimaldi also doesn’t think the motivation is enough to lessen the charges. “Whether he was provoking them in the past or not, this kid was outnumbered out-positioned, couldn’t have done anything really to defend himself just because there were so many in this mob mentality,” he said.

Related: What to Ask During a Free Consultation with a Lawyer

Talk to a Criminal Defense Attorney

Being involved in a criminal legal matter is stressful, confusing, and complicated. If you have been charged with a crime, make sure you talk to an attorney you can trust to keep your best interests in mind. TJ Grimaldi is an experienced criminal defense attorney who understands the nuances of felony and misdemeanor charges. Talk to him today. All consultations are free.

Request your free consultation or call 813-226-1023 today.

Tupac Shakur Murder Trial Delay

(AP Photo/Chris Pizzello)

Almost three decades ago, famed rap sensation, Tupac Shakur was shot on the Las Vegas strip. A week later, he died from his injuries. Now, close to thirty years later, a trial is set against a man authorities say participated in the shooting, but the defense is trying to prevent the trial from starting.

Why do they want a delay, and will there finally be a trial for Shakur’s murder?

A Las Vegas Shooting

In September 1996, Tupac Shakur, a well-known rapper, attended a boxing match at the MGM Grand in Las Vegas, Nevada. After the match, Shakur and his associates crossed paths with Orlando Anderson in the lobby of the hotel.

Shakur and his group recognized Anderson as someone who they had previous troubles with. The MGM security cameras caught footage of Shakur and his associates assaulting Anderson. Later that night, Shakur and his associates encountered Anderson again when he and three others pulled up next to Shakur’s car and fired shots into it.

Shakur, 25 at the time, was hit four times. After a week in the hospital, he died from his injuries. No one was charged in the case for nearly 27 years.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

An Arrest and a Murder Charge 27 Years Later

In September 2023, a man was finally charged in the Shakur case. Duane “Keffe D” Davis, 61, was arrested in Las Vegas and charged with first-degree murder.

Davis is an ex-gang leader and the uncle of Anderson who had the altercation with Shakur in the MGM lobby. Davis had been interviewed in earlier investigations of the case. Authorities talked to him in 1998 and the early 2000s, but nothing came from the interviews at that time, per FOX 13.

Now, authorities are pointing to Davis’s later actions as evidence in the case. In 2019, Davis wrote a tell-all memoir depicting his life as a gang leader in Compton, California. The book includes a first-person account of the 1996 shooting.

In the book, Davis says he obtained a .40-caliber handgun and that he was in the car with Anderson and two others when it approached Shakur’s vehicle. While he doesn’t admit that Anderson shot Shakur, he says he handed the gun to Anderson.

Of the four people in the car, Davis is the only person still living. Anderson, who had always denied involvement in the shooting, died in 1998.

Prosecutors have evidence that Davis was in Las Vegas at the time of the shooting, and they finally arrested him for first-degree murder almost three decades after the incident.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

First, A Motion to Dismiss

Davis was charged with first-degree murder in Las Vegas, Nevada, where Shakur was shot and killed and also where Davis currently resides. The case was originally set to go to trial on March 17, 2025, but Davis’s legal team fought to have the case dismissed.

In January 2025, Davis’s legal team filed a motion to dismiss the charges. They argued that the case should be dismissed because Davis had an immunity agreement with federal and local authorities that was reached years ago. They also called the lengthy delay in his arrest an “egregious” violation of his constitutional rights, per AP reporting.

Prosecutors argued that there was no proof that Davis was granted immunity and that the evidence against him warranted a trial. The judge agreed and denied the motion to dismiss, but Davis’s legal team had another path toward delaying the trial.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Next, A Motion to Delay The Trial

In February 2025, Davis’s team filed a motion to delay the upcoming trial. They argued they needed more time to investigate and conduct interviews. They believe they may have evidence that Shakur’s death was caused during an incident at the hospital after the shooting rather than being a result of the gunshot wounds.

The defense’s court filings say they have, “identified several witnesses that have testimony regarding the sudden death of Tupac Shakur while at the hospital after reaching stable condition.”

This time, the judge agreed with the defense team. The judge agreed to postpone the trial until February 9, 2026.

In the decades-long saga of Shakur’s murder, the case will be on hold for at least another year.

Talk to an Experienced Criminal Defense Attorney

If you are entering a criminal legal matter, whether it is a misdemeanor or a felony, talk to an experienced defense attorney right away. Schedule a consultation with criminal defense attorney TJ Grimaldi to review your case and prepare your defense plan. All consultations are free. Request your free consultation or call 813-226-1023 today.

Dog Park Shooter

[Hillsborough County Sheriff’s Office]

A little over a year ago, two men got into an altercation at a Tampa dog park. One man was shot and left dead. The other man was recently granted his freedom after a Tampa jury found him not guilty for his role in shooting and killing the other. What led the jury to acquit the shooter?

What Happened at the Dog Park?

On February 2, 2024, two men visited a dog park that they were both familiar with. Each man was a regular at West Dog Park Woods in northwest Tampa. For years, they both regularly met with other neighbors to walk their dogs together, as reported by the Tampa Bay Times.

That day, the two men were the only people at the park. There were no witnesses, and no cameras recorded the event that unfolded.

One man told his story of what happened. Gerald Declan Radford, 66, said John Walter Lay, 52, approached him and began hitting him. Radford says a tumble ensued, and he took out his gun and fired at Lay in self-defense.

Lay didn’t have a story to tell. He was struck by the bullet and died from his injuries.

A Case of Murder or Stand Your Ground?

One month after the shooting, Radford was arrested and charged with second-degree murder with a hate crime enhancement. Prosecutors argued that Radford killed Lay in an act of hate because Lay was gay.

The defense argued that the incident was a case of self defense. Radford’s legal team argued that the case should fall under Florida’s “stand your ground” laws. Stand your ground laws refer to Florida Statute Sections 776.012 and 776.013 which provide protection to individuals who use deadly force when they feel their life is in danger.

In December 2024, a judge ruled that the case did not match the criteria for a stand your ground dismal. Hillsborough Circuit Judge Samantha Ward denied the motion to dismiss and ruled that the case should go before a jury at trial.

In February 2025, the case was heard before a jury, and a verdict by a jury was made.

Related: Will “Stand Your Ground” Get Former FSU Receiver Travis Rudolph Out of Murder Charges?

Not Guilty Verdict in Shooting Case

A six-person jury found Radford not guilty of second-degree murder. If the jury had found him guilty, he would have faced life in prison.

The jury had another option in their decision. They could have found Radford guilty of a lesser charge of manslaughter with a weapon. The lesser charge carried a potential sentence of up to 30 years in prison. The hate enhancement could have led to life in prison.

The jury found Radford not guilty on all charges.

Hearing Both Sides of the Case

Prosecutors attempted to make a case that Radford was motivated to shoot Lay because he was gay. Among their evidence, they pointed to the testimony of other members of the dog walking group who said Radford was hostile and aggressive toward Lay. One witness testified that one week before the shooting, Radford said, “Here comes that f–king fa–ot, I want to kill him,” after seeing him approach the park.

On the other hand, Radford’s defense team said Radford had no choice but to defend himself. They pointed to comments made by Lay about Radford. Lay had said about Radford to a friend, “I thought, if he blocks my path again, I’ll try to tackle him. He’s really older than he looks. He’s weak and feeble. I’ll keep you informed. This weekend should be drama.”

Radford’s team argued that Lay was committing felony battery on Radford during the encounter, which gave Radford the right to use deadly force.

A judge who heard both sides of the case in December did not believe the case qualified for a stand your ground dismissal, but the jury said they believed Radford was acting in self-defense. Radford will walk away a free man.

The rule of law can be complex and complicated. If you have been involved in a criminal case, talk to an attorney right away. Schedule a call with criminal defense attorney TJ Grimali today.  All consultations are free. Schedule or call 813-226-1023 today.

Support Those Impacted by Gun Violence

Along with The Oulson Family Foundation, TJ Grimaldi works to support families who have been impacted by gun violence. TJ is the Executive Director and Board Member of the non-profit created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

If you or a loved one have been negatively impacted as the result of poor or inadequate medical care, you have rights. Medical malpractice and personal injury laws can protect you and your loved ones and help you recover damages if you have been wronged during a medical treatment.

Is Medical Malpractice a Personal Injury Lawsuit?

Yes, medical malpractice is a type of personal injury lawsuit. Individuals who experience a negative healthcare outcome due to the negligence of their healthcare provider or providers can file a medical malpractice personal injury lawsuit in civil court.

While medical malpractice is a type of personal injury lawsuit, it has a different burden of proof from general personal injury cases. For example, in a medical malpractice case, a plaintiff must prove that a provider-patient relationship had been established and that the medical provider violated medical standards of care. This burden is not always necessary in a general personal injury case.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action filed in civil court against one or more individuals or companies who have caused damage as a result of their negligence, unsafe actions, or maliciousness. The at-fault party (the defendant) acted in a way that caused harm to the person or persons who filed the lawsuit (the plaintiff). The harm may have caused or led to:

  • Physical injury
  • Mental stress
  • Medical bills
  • Loss of income
  • Property damage

In the lawsuit, the plaintiff seeks personal injury compensation to cover the cost of the damages they incurred as a result of the harm caused.

There are many branches of personal injury lawsuits. Each requires a unique barrier of proof. Auto accidents, slip and falls, premise liability, workplace accidents, product liability, assault and battery, and medical malpractice are types of personal injury cases.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the acceptable standard of care for a patient and their substandard care harms the patient. A medical malpractice case is a type of personal injury lawsuit that seeks to hold the at-fault healthcare provider responsible.

A successful medical malpractice lawsuit must meet four barriers of proof.

  • Duty: The plaintiff must prove the defendant had a duty to provide care that was established through a provider-patient relationship.
  • Deviation: The plaintiff must prove the defendant deviated from standard practices of care.
  • Direct Cause: The plaintiff must prove the defendant’s deviation of standard care practices directly lead to injury or harm to the patient.
  • Damages: The plaintiff must prove the injury or harm led directly to physical, financial, or emotional damages.

A personal injury attorney with experience in medical malpractice cases will be able to determine if a case meets the barriers of proof and is worth pursuing. If you think you may have a medical malpractice case, talk to an experienced personal injury attorney right away.

Related: How to Choose a Personal Injury Attorney 

What Consists of Medical Malpractice?

Medical malpractice occurs when a patient has sustained harm due to the negligence of a healthcare provider. Common medical malpractice cases may include:

  • Misdiagnosis
  • Failure to diagnose
  • Improper or inadequate testing
  • Improper medication administration
  • Procedural mistake
  • Surgical error
  • Lack of informed consent
  • Insufficient care
  • Lack of follow-up care

Patients trust medical providers to meet specific standards of care. If you feel you were not treated with adequate care or treatment, you may have a medical malpractice case.

Related: 11 Examples of Medical Malpractice Cases Worth Fighting For  

What Is the Statute of Limitations on Medical Malpractice

The statute of limitations on medical malpractice cases differs by state. Florida Statute 95.11(4)(b) says medical malpractice cases must be filed within two years of the incident that led to harm, but there are some exceptions.

In some cases, the statute of limitations is extended to within four years of the incident that led to harm if the harm did not immediately present itself after the inadequate care.

Find a Personal Injury Lawyer For Medical Malpractice

“Is medical malpractice a personal injury lawsuit?” is just one of the many questions people have when dealing with the effects of a medical treatment gone wrong. Make sure you get answers to all of your questions.

Talk to a personal injury attorney who has experience in medical malpractice and can answer your questions and guide you down the best legal path for your situation.

TJ Grimaldi is a personal injury attorney with experience fighting for clients who have been wronged. If you think you have a case against a medical provider, schedule a consultation to review your case. All consultations are 100% free so you have nothing to lose by sharing your story. See how TJ can use his experience to help you or a loved one receive the damages you deserve. Schedule your consultation or call 813-226-1023 now.

Police Drug Sniffing Dog

Trained police dogs can smell when marijuana is present. Their signal to the scent is often enough for police officers to conduct a search of a car without a warrant, but that is about to change in parts of Florida.

What changed, and what does it mean for Floridians?

A Drug Scent Leads to an Arrest

In 2020, Stephon Ford was taking a ride in a Lyft in Groveland, Florida, when the driver was pulled over by a police officer. The officer stopped the driver for speeding and tag lights that were not working. After the officer noticed the passenger seemed nervous and agitated, he called for a trained drug-sniffing dog to inspect the vehicle. Upon inspection, the dog, named Polo, signaled at the car indicating that the smell of marijuana was present.

The signal from the dog granted the officer the right to search the vehicle. Inside, the officer found seven mason jars filled with marijuana, along with baggies of crack cocaine, ecstasy, and methamphetamine, as reported by CBS 12 News.

The drugs belonged to Ford. He was charged with drug possession and was arrested.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Defense Seeks to Dismiss Evidence

Ford’s defense team aimed to fight the charges and filed a motion to dismiss the evidence against him. Their motion argued the drugs found were not permissible as they were found unfairly.

Ford’s team argued that a drug-sniffing dog could not be used to signal for the presence of illegal drugs because they cannot tell the difference between legal, medical marijuana and illegal marijuana, per the Tampa Bay Times.

The circuit judge refused the request. Ford was sentenced to 68 months in prison, but his legal team did not stop fighting for his case.

Related: What Would Federal Reclassification of Marijuana Mean in Florida? 

An Appeal Could Change Procedure

Ford’s defense team appealed the decision and brought the case before the 5th District Court of Appeal in Lake County. A three-judge panel reviewed the case and issued a ruling that will change the way drug-sniffing dogs are used in the future.

The appeals court agreed with Ford.

“At the time when Polo alerted to a target substance in the Lyft vehicle, the police officers had no way of knowing whether Polo had detected an illegal substance (marijuana, cocaine, heroin, or methamphetamines) or a legal substance,” wrote Chief Judge James Edwards in the opinion. “Whether the substance Polo smelled was legal or illegal was not readily apparent, and thus his alert, alone, could not provide the probable cause needed to justify a warrantless search.”

The ruling could change the way things are done in the future in the 5th District of Florida, which includes areas in Daytona Beach, Jacksonville, and Ocala. Signals by drug-sniffing dogs may no longer be the sole reason for a car being searched.

Another judge agreed with Judge Edwards, but also noted that drug-sniffing dogs could still be used. In his opinion, Judge Jordan Pratt said, “An undifferentiated alert can supply probable cause when combined with an officer’s questions ruling out the presence of lawful cannabis. Officers easily can be trained to ask such questions in conjunction with a dog’s undifferentiated alert.”

The decision comes after another ruling by the full 5th District Court of Appeal made in August 2024 that said police officers could not use the scent of marijuana as the sole basis to search a car and arrest a man.

The new ruling adds to the complexity of when officers are legally allowed to search a vehicle and if the evidence they find can be used in court, but it did not change the outcome of Ford’s case.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

An Appeal Does Change Conviction

While the appeals court agreed that a drug-sniffing dog cannot tell the difference between legal and illegal marijuana and should not be able to trigger a car search, the court upheld Ford’s conviction.

Under what is known as a “good faith” exception, the judge followed what was legal precedent at the time of Ford’s arrest and upheld Ford’s conviction and sentencing. While his case may change the future of how police stops are conducted, Ford will still need to serve his time behind bars.

Related: 6 Signs You Need a New Attorney

Talk to a Criminal Defense Attorney

Laws are always changing and evolving. If you have been arrested, make sure you talk to a criminal defense attorney who keeps up with changing legal rules. An informed attorney can do their best to fight on your behalf and lead to the best possible outcome.

If you have been charged with a crime, TJ Grimaldi is here to help. Review your case during a free consultation and see how TJ can fight for your interests. Start making your defense plan today. Request your free consultation or call 813-226-1023.

People Charged in Death of Liam Payne

Photo by: KGC-158/STAR MAX/IPx 2024 10/26/24

A tragedy unfolded in South America when a British pop singer was found dead on the ground below his hotel balcony. Liam Payne had fallen to his death, and now, authorities are pointing fingers at who is to blame for the accident.

Who are the five people charged in the pop singer’s death, and what are they accused of doing?

A Career Cut Short

Liam Payne rose to fame at a young age. In 2010, the English singer-songwriter was on the British version of the X Factor television show at age 16. He was a part of a group that would go on to be a global success. One Direction would travel the world touring to adoring fans until the group disbanded in 2016.

At that time, Payne tried to launch his own career but began to struggle with drugs and alcohol, which would eventually play a role in his death.

In October 2024, Payne traveled to Buenos Aires, Argentina to attend his former One Direction bandmate Niall Horan’s concert. He stayed in the country after the show, and on October 16, was seen heavily under the influence.

On that day, witnesses say they saw Payne in the reception area of Casa Sur, where he was staying as a guest on the third floor. Video footage also shows Payne unconscious in the reception area. The hotel receptionist, along with three others, dragged Payne from the lobby area to his room, per reporting by CNN.

A “representative” of Payne’s also helped him to his room before leaving him there on his own. Just 50 minutes after the representative left the room, Payne fell from his third-floor balcony and died from his injuries. He was 31 years old.

Who Is to Blame and Why?

Investigators believe two things contributed to Payne’s death: the substances he consumed and that he was left alone in his room with a third-floor balcony. Payne had alcohol, cocaine, and a prescription antidepressant in his system when he died. Authorities are blaming five individuals they feel put Payne in that dangerous situation.

Five people have been charged in Payne’s death in Argentina’s court system, according to reporting by NPR. Names have not been released, but the court system shared the relationship of each person to Payne and the situation.

Authorities charged three people with manslaughter. If convicted, they face up to five years in prison, per CNN. Each was charged due to their negligence in the situation. The Public Prosecutor’s Office accuses each of “leaving (Payne) to his fate, knowing that he was incapable of taking care of himself.”

  • A “representative” of Payne is accused of knowing Payne was highly under the influence but leaving him alone in the hotel room.
  • A hotel manager is accused of witnessing Payne unconscious in the reception area and allowing him to be moved to a room with a high balcony.
  • A hotel head of reception is accused of guiding the people who took Payne to his room.

Two others were charged with supplying cocaine to Payne. A hotel employee and a waiter have been ordered to await trial in jail and are facing up to 15 years in prison.

The judge in the case has determined that each individual involved in the situation did not act in a coordinated or malicious intent, but that does not mean they won’t face consequences for their role in Payne’s death.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

What Are Manslaughter Charges?

It is not unusual for individuals to be charged with a crime if their actions lead to a drug-related death. In August 2024, five people were charged for their roles in the death of Matthew Perry. In that case, the individuals were charged with conspiracy to distribute narcotics.

In Payne’s case, the involved individuals were charged with manslaughter. The case is filed in Argentina, so it will meet the country’s legal standards and definitions for manslaughter, which may differ from federal and state laws in the United States.

In Florida, manslaughter is defined under Florida Statute 782.07 and refers to causing the death of another person by culpable negligence. Manslaughter charges differ from murder charges in that manslaughter is not premeditated. Manslaughter charges are used for cases where someone did not intend to kill someone, but their action or inaction led to the death of another person.

Related: Parents Charged with Manslaughter After Their Toddler Left in Car Dies   

Talk to an Attorney About Your Case

A tragic death can lead to criminal charges against parties who may have contributed to or failed to prevent the situation that led to the death. It can also lead to a wrongful death civil case. If you are involved in either a criminal defense or civil case, make sure you seek legal counsel as soon as possible.

Talk to an experienced attorney who can guide you through the complicated legal process. TJ Grimaldi is here to help. With experience in both civil and criminal cases, TJ can support you in your legal fight. Request your free consultation or call 813-226-1023 to review your case with TJ today.

After months of rapper Sean “Diddy” Combs making news for accusations of sexual assault, his former friend, Shawn Carter, known as Jay-Z, has been named as an accomplice.

What has Jay-Z been accused of doing, and why does it mean that a judge has granted his request to file for a dismissal in the case?

An After-Party and an Amended Lawsuit

In October 2024, an anonymous woman, known as Jane Doe in the court documents, filed a civil lawsuit against Sean “Diddy” Combs in federal court in New York’s Southern District. The lawsuit accuses Combs of raping Jane Doe more than twenty years ago, per reporting by NBC News.

The lawsuit alleges that the plaintiff, who was 13 at the time, visited the location of the 2000 MTV Music Video Awards at Radio City Music Hall in Manhattan. After trying unsuccessfully to get into the show, the girl began talking to limo drivers. According to her story, she encountered Combs’ driver who told her she “fit what Diddy was looking for” and took her to a location for an after-party.

At the after-party, the girl said she was told to sign a document which she thought was a non-disclosure. Later, she was given a drink that made her “woozy,” so she said she laid down in a bedroom. At some point, Combs entered the bedroom with two other celebrities, and one of the unnamed celebrities raped her while Combs watched.

In December 2024, the lawsuit was amended to reveal the unnamed celebrity. The man was revealed to be Shawn Carter, known as Jay-Z.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

P Diddy’s Long List of Accusations

The amended lawsuit claims that it was Carter who raped the girl while Combs stood by and watched.

Combs has been accused by over 100 men and women of sexual assault in the last year. Combs is currently facing federal criminal charges for racketeering conspiracy, sex trafficking, and transportation to engage in prostitution and is facing at least two dozen civil lawsuits accusing him of sexual misconduct.

This is the first Combs case that has named Carter.

Related: Breaking Down The Federal Criminal Charges Against Sean “Diddy” Combs

Jay-Z Fights Back

Carter denies the claims made in the civil lawsuit and called it a “shameless publicity stunt.” In a statement to NBC News, Carter said, “These allegations are so heinous in nature that I implore you to file a criminal complaint, not a civil one!! Whomever would commit such a crime against a minor should be locked away, would you not agree?”

Carter claims the attorney leading the case filed the suit in an effort to blackmail him. He points to a demand letter sent by the attorney prior to the legal filing. The attorney for the plaintiff says the letter could not be perceived as blackmail since it sought a mediation, not money.

Carter’s first official response to the lawsuit was filing a motion to reveal the name of the plaintiff. As reported by E! News, Carter’s legal team argued that it was not “consistent with justice, fairness, or the rules governing federal proceedings” for the plaintiff to name Carter but not to share her name.

The judge denied Carter’s motion and said the plaintiff could remain anonymous.

Carter’s team then asked the judge for permission to file a motion to dismiss the case, and it was approved.

A Motion to Dismiss Isn’t a Dismissal

On January 2, 2025, the judge in the case approved Carter’s request to file a motion to dismiss. This approval doesn’t mean the case is dismissed or will be dismissed. It means Carter’s team can argue why they think it should be.

The basis for the dismissal is not that Carter did not engage in the acts outlined in the lawsuit. It is based on an argument that the case should not move forward due to a procedural error.

The case was filed using New York City’s Gender-Motivated Violence Protection Act (GMVPA). The GMVPA is a local New York City’s law that allows victims to file a civil lawsuit against anyone who “directed, enabled, participated, or conspired in the commission of gender-motivated violence.” Carter’s team argues that the plaintiff cannot file a claim under GMVPA because the law was enacted after the alleged assault took place.

The judge has granted Carter’s team an opportunity to argue for dismissal of the case. They must file their motion on or before February 6, 2025. At that time, the plaintiff can file an opposition to the motion by February 28, 2025, and Carter will have an opportunity to issue a response before the judge makes the ruling.

If the judge grants Carter’s motion, the case will be dismissed. If the judge does not grant the motion, the case will continue to go through the legal system.

Talk to a Trusted Attorney

If you have a pending civil or criminal case, talk to an experienced attorney right away. Schedule a free consultation with attorney TJ Grimaldi. Request your consultation or call 813-226-1023 now.