Florida Injury Victim Lawyer Blog

On June 3, 2009 in the case of Francesca Engler v. American Friends of the Hebrew University and Fireman's Fund Insurance, Florida's First District Court of Appeals ruled that an insurance company can not argue Major Contributing Cause (or more than 50% of the cause for the injury) once compensability of the work accident is established. As a Florida attorney who represent victims of work related accidents I know what a victory this is for injured workers in Florida.

For your convenience I have included a copy of the opinion below.

FRANCESCA ENGLER v.

AMERICAN FRIENDS OF THE HEBREW UNIVERSITY and FIREMAN'S FUND INSURANCE, Case No. 1D08-4794

Claimant raises two issues: 1) the Judge of Compensation Claims (JCC) erred by finding Claimant’s compensable accident was “no longer” the major contributing cause (MCC) of her condition and need for treatment; and 2) the JCC erred by denying entitlement to medical treatment for injuries she previously found compensable. For the reasons explained below, we agree and reverse.

Claimant was in a work-related motor vehicle accident which Claimant asserted caused injuries to her cervical and thoracic spine, knees, and ankles, and either caused or aggravated her migraine headaches. The employer/carrier (E/C) asserted Claimant’s injuries were pre-existing. In her 2007 order, the JCC addressed Claimant’s prior accidents and pre-existing conditions, but ultimately accepted the opinion of Claimant’s expert that the 2004 compensable motor vehicle accident was the MCC of Claimant’s injuries, and awarded medical treatment for them.
Claimant subsequently filed additional petitions for benefits seeking, inter alia, authorization of the medical care previously awarded, but suspended by the E/C. During litigation, the E/C presented Claimant’s new treating doctors with records concerning her prior accidents and injuries that were not presented to either the medical experts or the JCC prior to the 2007 order. Based on these records, the doctors opined the compensable accident was not the MCC of Claimant’s injuries. The JCC accepted these opinions and denied entitlement to further medical treatment for the injuries she previously found compensable, finding the compensable accident was no longer the MCC of Claimant’s “condition” or need for treatment.

Relying on our decision in City of Ocoee v. Trimble, 929 So. 2d 687 (Fla. 1st DCA 2006), the JCC found res judicata did not apply, because the holding in that case distinguished between the concepts of compensability and a claimant’s entitlement to treatment or other benefits. While we did make this distinction in Trimble, the JCC misapplied it here.

Once compensability is established, an E/C can no longer contest that the accident is the MCC of the injuries at issue. It can only contest the connection between a claimant’s need for specific treatment or benefits, and the industrial accident.

Compounding this error was the fact that the opinions upon which the JCC relied in making this finding were, in turn, based on records that pre-dated the compensable accident, and could have been presented to the experts who testified prior to the 2007 merits hearing, and to the JCC before she issued her 2007 order. For reasons not clear from the record, the E/C failed to do so. The JCC’s reliance on this evidence effectively gave the E/C “another bite at the apple.” This was error. See Pigg v. Balderson, Inc., 951 So. 2d 914, 915 (Fla. 1st DCA 2007) (affirming JCC’s refusal to consider evidence that should have been presented at prior hearing where claimant sought permanent total disability benefits after order denying prior request for such benefits).

By failing to apply the doctrine of res judicata to the issue of the MCC of Claimant’s injuries, the JCC also erred by denying entitlement to treatment for those injuries she found compensable in her 2007 order. Accordingly, this matter is REVERSED and REMANDED for proceedings consistent with this opinion.

WOLF, KAHN, and VAN NORTWICK, JJ., CONCUR.

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It's no surprise that insurance industry sees any effort by the federal government to set up a commission to study state workers' compensation laws and practices as unjustified and a waste of taxpayers' money, according to the National Association of Professional Insurance Agents (PIA). As an attorney who represents injured workers in Florida I see these type of efforts by the insurance lobby to suppress the rights of injured workers and other injury victims all the time.

H.R. 635, the "National Commission on State Workers' Compensation Laws Act of 2009." The bill would create a commission tasked with evaluating the state-based workers' compensation insurance system and making recommendations for improvements to the system. This type of national review of the states workers' compensation systems is long overdue. Over the past 30 years the rights of this nation's workers, who are the backbone of our economy, has given way to the more powerful insurance lobby and its billions of dollars in annual profits. The benefits that injured workers receive after they are injured on the job has been whittled down to almost nothing while at the same time the profits of the giant workers compensation insurance companies have skyrocketed.

PIA National Government Affairs Committee Chairman Johnny Lee says that "Workers' compensation programs are regulated by the states, not the federal government. The federal government should not seek to interfere in a state-based and state-regulated system. This is a waste of time and taxpayers dollars." What Mr. Lee fails to state is the fact that the insurance lobby has been successful in obtaining laws in most states that favor insurance companies over injured workers and he does not want that to change since it will hurt the enormous profits of the insurance companies that his group represents.

Rep. Joe Baca (D-Calif.) introduced H.R. 635 on January 22, 2009. It was referred to the House Committee on Education and Labor. Identical legislation failed to advance in the House during the 110th Congress.

Under the proposal, the commission would be composed of 14 members, 10 of whom would be political appointees. The commission would have the authority to hold hearings, issue subpoenas, take testimony, and receive evidence. It would be required to make recommendations for improvements to the workers compensation system within 18 months.

It comes as no surprise that PIA supports the current state-based system of insurance regulation and opposes legislation that would transfer supervisory authority to the federal government and also opposes the National Insurance Consumer Protection Act of 2009 (H.R. 1880) by Reps. Ed Royce (R-Calif.) and Melissa Bean (D-Ill.).

Hopefully this national effort on behalf of workers will succeed and the rights of workers injured on the job will begin to be restored.

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Two people are dead and several others are injured after a small plane crashed in Lee County, Florida Friday. The aircraft was identified as a single engine Beechcraft Bonanza, crashed around 11:30am in a field off Lee Road 112 in Beauregard, Florida.

The victims killed in the crash include Sanford Jones, 56, of Fairburn, Georgia and Sasha Medina, 19, of Newnan, Georgia. Jones is the Chief Judge for the Fulton Co., Ga. Juvenile Court. Injured victims were identified as Sarah Conklin, 19 and Joshua Rumohr, 18 both of Newnan, Georgia. Each was transported to East Alabama Medical Center with non-life-threatening injuries. Authorities say the survivors called 911 and directed rescue personnel to the crash location. First responders were on the scene within 16 minutes of the crash.

The victims all knew each other from a church group. The teens had traveled by car to Destin, Florida and the judge was flying them back to Georgia when the accident occurred.

Investigators say the plane experienced engine trouble and the pilot radioed the Opelika-Auburn Airport for help. When the plane's engine quit two miles out from the airport the pilot started looking for a field to land in. The emergency landing was unsuccessful, however, as the plane clipped a patch of trees and nose dived into the ground. Lee County Coroner Bill Harris pronounced Jones and Medina dead at the scene. They suffered severe head trauma and multiple blunt force injuries.

The FAA and NTSB were on the scene investigating the crash.

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51 year old John Woodson, an Oklahoma man who lost an eye and a leg in Iraq says the giant insurance company AIG refused to provide him a new plastic leg and fought to keep from paying for a wheelchair or glasses for the eye in which he has 30 percent vision.

"They bought the cheapest thing that they could get away with," said Mr. Woodson, a truck driver for the KBR contracting firm who lost his leg when his truck hit a roadside bomb in Iraq.

"Everything's been a struggle, a constant fight," said Woodson. "It's been hell since."

Woodson is covered by AIG under a government-mandated program that provides medical and disability benefits for employees working for U.S. contractors in Iraq and Afghanistan. AIG covers about 90 percent of the claims for overseas workers.

Woodson, who was injured in 2004 and is still in constant pain, says he was infuriated to see AIG executives receive huge bonuses, travel on private jets and be pampered at a California spa. "They're getting their bonuses but they fight you, they'll constantly fight in order to try to get you to give up," said Woodson.

Woodson is one of a number of injured contractors whose alleged difficulties with AIG were examined in the joint investigation. Despite theses complaints AIG has said that it strives to provide "quality" care. But their denial of benefits to the people who purchase and count on their insurance only helps the bottom line of the insurance giant while hurting the injury victim.

In Woodson's case, when his fuel truck hit the hidden bomb outside Baghdad, he was blown through the roof of his cab and thrown about a hundred feet away, also damaging his back and breaking his pelvis. Woodson says he was told by an AIG representative in the hospital that he would be fully covered by AIG, but that when he returned home, he quickly discovered AIG was prepared to challenge almost all of his medical needs.

AIG Refused to Buy Him a New Leg, Woodson Says "I've had to argue for everything, you constantly stay on the phone, writing letters, e-mailing, trying to get things to happen," Woodson said.

To cushion the impact on his injured back and pelvis, Woodsen asked AIG for a new plastic leg with a spring in the foot. "It was just so painful just to walk," Woodson said. He says AIG refused to buy him a new leg, which he says would have cost about $8,000. AIG also refused, he said, to provide him a water-proof leg so he could remain standing and take a shower.

U.S. military amputees are normally provided three different legs, to cover a full range of walking, showering and exercising. In the end, Woodson says he thinks it was pressure from his lawyer and Sen. Tom Coburn (R-OK) that forced AIG to finally provide an improved leg, with replacement parts, but not a new one as his doctor had ordered. Woodson's lawyer, Toby Cole, says he sees a pattern of AIG "delaying and denying" claims from contractors injured in Iraq and Afghanistan.

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A deadly I-95 head-on wreck early in the morning snarled morning rush hour traffic Friday in Ft. Lauderdale, troopers are still investigating to determine if one of the vehicles had been going the wrong way. Another possibility troopers were considering is that one vehicle might have spun out just before hitting the other.

"We just have to make sure we have all our information before making a determination," said Florida Highway Patrol Lt. Gene Hingson, who said investigators could make a ruling within days.

Killed in the 4:18 a.m. crash was Aracely Mendoza, 23, of Miami, a passenger in a white 2005 Ford van that collided with a silver 2003 BMW in the southbound lanes of I-95 at Commercial Boulevard, authorities said.

The wreck shredded the entire front half of the BMW and tore into the front passenger side of the van where it appears that Ms. Mendoza was seated at the time of the crash. Police shut the busy highway for several hours, and thousands of drivers on their morning commute inched by heaps of crumpled metal and shattered glass.

The BMW's driver, Davydson Soares, 31, of Pompano Beach, was taken to Broward General Medical Center in serious condition but released Friday afternoon. Troopers said he was not wearing a seat belt.

Highway accidents caused by a driver going the wrong way are not rare, even on well-traveled, well-lit highways. An analysis of accident data found there were 166 fatal wrong-way crashes on divided highways in Florida from 2002 to 2007. At least 212 people were killed in those crashes and more than 250 injured.

The van's driver, Elba Matamoros, 39, and two passengers, Ponya Carrera, 24, and Ruby Castenerra, 29 — all Miami residents, were taken to Broward General Medical Center for treatment. They declined to speak with reporters as they left the hospital Friday afternoon in bandages.

Troopers are currently investigating whether either of the drivers had alcohol in their system at the time of the crash.

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A debate over workers' compensation insurance will pit attorneys and workers' rights advocates against business and insurers.

The argument is the result of a Florida Supreme Court decision in October relating to the amount of fees lawyers can earn on workers' comp cases. The ruling found that a lawyer representing an injured employee has a right to earn a ''reasonable'' rate for his work.

Sounds simple, but insurers and businesses say the ruling undoes changes to the law six years ago, including caps on lawyer fees, that helped bring rates down more than 60 percent.

Attorneys and workers advocates argue that the 2003 cap on lawyer fees limited the ability of some injured workers to find an attorney willing to take a case, which is usually done on contingency.

Businesses, convinced that attorney fees were the main reason for escalating insurance rates, want legislation restoring the order they favor.

''Absent a change, rates will begin to climb,'' says David Daniel, director of government relations for the Florida Chamber of Commerce. The chamber has made the workers' comp law one of the top issues on its legislative agenda this year.

$8 AN HOUR

In the case that went to the state's highest court, lawyer Brian Sutter was paid about $8 an hour for the 80 hours he spent working on the case of an injured nurse under the 2003 law's formula. The attorney for her employer was paid $150 an hour.

Sutter argued the fee disparity left workers with an unconstitutional disadvantage. The Supreme Court ruled that the law was unclear since it referred to ''reasonable'' fees while also laying out a fee structure.

A bill introduced by Rep. Anitere Flores, R-Miami-Dade, would strike the word ''reasonable'' from the law while retaining the same fee schedule for attorneys. A companion bill has been filed by Sen. Garrett S. Richter, a Republican from Naples who chairs the Senate Banking and Insurance committee.

Sen. Dan Gelber, D-Miami, has introduced another workers comp bill that would allow injured employers to chose their own attorney and fees wouldn't be limited. That's would reverse the current law.

Paul Anderson, an executive officer with the Florida Justice Association, which represents trial lawyers, had been negotiating with Tamela Perdue, chairwoman of the Workers' Compensation Coalition for Business & Industry. The groups were trying to reach a compromise that could be used to draft a bill that could win speedy approval.

TALKS BREAK OFF

But the talks broke off last week, said Anderson.

He said the trial bar, several workers' advocate groups and several unions continue to work with legislators on a bill with a rate structure that would compensate attorneys when taking on these cases.

Before the 2003 reforms, Florida had some of the highest workers' comp insurance rates in the country. Many insurers were reluctant to write policies in the state.

Since the law was changed, costs have dropped dramatically.

Taking the court decision into consideration, the Office of Insurance Regulation approved a 6.4 percent increase in workers' comp rates for this year. The National Council on Compensation Insurance had filed for an 8.9 percent hike.

OIR said the approved rate increase will add about $172 million in insurance costs for Florida employers. But, in combination with the 18.6 percent rate decrease that took effect Jan. 1, the net savings to Florida employers is still $438 million.

'Although it is still somewhat early to know for sure what the full impact of the Supreme Court's decision on workers' compensation rates will be, I felt it was necessary to approve this modest increase,'' said Commissioner McCarty.

Source: Beatrice Garcia, Miami Herald

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Robert and Paulette Kirkpatrick, both 63, of Phoenix, were killed in a Florida car accident in West Miami, Fla. on Feb. 18.

The accident occurred shortly after they attended the opening of an art show in Naples where Robert Kirkpatrick’s work was displayed, said their son, Steve Kirkpatrick, also of Phoenix.

The Kirkpatricks’ Chevrolet Cobalt was hit by a Toyota Tacoma truck driven by Thomas Cypress, 54, according to a Florida Highway Patrol. Cypress was charged with two counts of DUI manslaughter Feb. 19, according to reports in the Miami Herald. His blood alcohol level was .249, three times the legal limit. He had three previous drunken driving arrests and a suspended license, the Miami Herald reported.

Robert Kirkpatrick retired about 10 years ago as chairman of the art department at Perry Hall High School, Steve Kirkpatrick said. Paulette Kirkpatrick retired from Perry Hall High School seven years ago as English department chair. She had also taught at Dulaney and Owings Mills high schools, he said.

The Kirkpatricks moved from Towson to the Summer Hill neighborhood of Phoenix in 1994. After retirement, Robert painted fulltime and Paulette was a Master Gardener with the state’s Cooperative Extension Service and a member of the Maryland Horticulture Society, her son said.

His parents were on their way to the Florida Keys following the art show, he said.

“They loved the outdoors and wanted to snorkel on the Keys,” Steve Kirkpatrick said. “They looked forward to hiking and seeing the birds and alligators.”

He said funeral arrangements are not completed, but will be with Ruck Funeral Home in Towson.

The Kirkpatricks are also survived by a daughter, Jennifer Kirkpatrick, of Halethorpe.

We can not help but ask why Thomas Cypress was still allowed to drive after having 3 prior DUI arrests as well as a suspended license? While an answer to this question will not bring back this couple nor negate the loss felt by their children and other family members it could prevent this type of needless accident from happening to someone else in the future.

News Source: Towson Times

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Selecting your own treating physician in a workers’ compensation claim may soon become permitted nationally. A movement in Iowa has now sparked national interest to permit employees the right to choose their medical provider.

Coupled with the effort for employees to seek freedom of choice “to form unions and bargain for a better life” is the effort to seek freedom to choice a medical provider in a work-related accident or occupational illness.

The effort has been supported by an interest group formed on Facebook, “Iowians for Workers Choice of Doctor.” “Because life is about more than just work...In Iowa, if you are injured on the job, employers can decide which doctor treats you. You choose what foods you eat and which exercises you do, but they can choose who is best to care for you.”

Iowa Senate Bill 1119 would allow injured workers to designate their choice of physician. “Too much has been made of how much this is going to cost a company and not enough on how this affects an individual and their personal lives,” said Democratic Sen. Bill Dotzler of Waterloo.

The vast majority of states allow workers the freedom to choose their own treating physicians. Studies have shown that employees who have the right to select their own physician have more confidence in their medical care and have a more successful recovery.

The delivery of medical services continues to be a major problem in the national network of workers’ compensation systems now in place since 1911. Federal initiatives for a national healthcare system are under consideration that would incorporate the entire workers’ compensation system’s medical delivery system.

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Florida accident victims may soon find themselves with less or even no compensation for their injuries as a result of an automobile accident due to someone else's negligence. A recent study from the Insurance Research Council, and industry group, says that approximately one in six drivers across the United States may be driving uninsured by 2010 due to the current economic recession and the resulting unemployment. Given historical factors the percentage is probably much higher in Florida and especially South Florida where a large percentage of drivers are without insurance.

The council found a strong correlation between the percent of uninsured motorists and the unemployment rate: An increase in the unemployment rate of one percentage point is associated with an increase in the uninsured motorist rate of more than three-quarters of a percentage point. Based on current unemployment rate projections, the IRC says the percentage of uninsured motorists is expected to rise from 13.8 in 2007 to 16.1 in 2010.

The group did not break down their uninsured projections by state. It did note that 23 percent of Florida motorists did not have liability insurance at the end of 2007, the fifth highest percentage in the nation. That figure, however, is actually down from 24.1 percent in 2005.

Florida’s auto insurance law requires every motorist to have Personal Injury Protection to pay their auto accident medical bills and those of passengers. Coverage to pay damage to the other driver's vehicle or property is also mandatory. However, Florida auto insurance law does not require liability coverage or coverage for damage to the driver's own vehicle.

As a Florida attorney representing accident victims for over 15 years I frequently see accidents with too little or even no insurance to compensate the victim for their personal injuries, loss income, or even the damage to their car. This can all be avoided if Florida's drivers get the coverage they need. Comprehensive/Collision coverage will cover property damage to your own vehicle regardless of the coverage or lack of coverage by the other driver. While Bodily Injury coverage will cover the injuries of the other person if you are at fault for the accident by simply adding under or uninsured motorist coverage you (the insured) will cover your own personal injury and lost wages if you are injured due to the negligence of another driver with little or no insurance. These coverages can usually be obtained at a reasonable cost and should be discussed with your insurance agent. In today's economic environment these additional coverages could prevent you from economic hardship or even collapse if you are involved in a car accident.

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Florida's injured workers were dealt a blow when Florida's 4th DCA issued its ruling in the case of Amorin v. Gordon, Case no. 4D08-1376 (opinion is posted below).

The Court held that one subcontractor was not liable in tort for the death/injury of the employee of another subcontractor. Interpreting F.S. 440.10(e) the court held that a subcontractor whose employee's negligence caused the injury or death of an employee of another subcontractor was entitled to workers' compensation immunity (aka "exclusiveness of liability under FS 440.11) unless the tortfeasor/subcontractor or contractor failed to secure workers' compensation coverage AND the subcontractor's own gross negligence was not the major contributing cause of the injury/death.

As a Florida attorney representing injury victims for over 15 years I am concerned that this decision will eliminate many claims that injury victims have had in the past against negligent companies and their employees without providing the injured worker any benefits. It is long been the law in Florida that employers who secure workers' compensation insurance coverage shall not be liable in tort to their employees who get injured on the job in return for providing them with workers' compensation benefits regardless of fault. That was a trade-off for the injured worker where [alleged] certainty and efficiency were given in exchange for potential recovery. However, extending these same immunities to subcontractors who have no obligation to provide the injured worker any workers compensation or other benefits is tantamount to "giving or getting something for nothing". This law provides nothing to the injured worker while providing a windfall to subcontractors who can act with near immunity to the employees of other subcontractors in the state of Florida.

All the attorneys at the Payer Law Group have been representing only injury and their families for over 15 years. If you or a loved one has been involved in a work place accident contact The Payer Law Group at 1-877-854-4442 for your free consultation with an attorney today.

Continue reading "Florida's Injured Workers Dealt Setback When Court Upholds Workers' Compensation Immunity for Subcontractor" »

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A dangerous game is being played out on Florida's roadways. Almost every week someone is killed or seriously injured in a Florida motorcycle accident. Young men and women, with extremely fast motorcycles perform dangerous and reckless stunts in the middle of traffic.

These stunts which are acted out on the public roadways, are not only deadly to the riders, but they endanger everybody traveling on Florida's roads. Florida lawmakers recently passed a law to more clearly define reckless riding and stiffen penalties for so called "stunt biking." Governor Crist is expected to sign the law as soon as it reaches his desk.

Speed racers, mostly young men on fast motorcycles, show off and are often seen video recording their antics in order to post them on the Web. They weave in and out of traffic and often pop wheelies at over 80 mph. They are not only killing themselves but are putting everybody else on the roads in danger of personal injury or death. The police cannot even catch them because of the high speed these motorcycles can quickly attain.

Although wheelies are only one piece of the problem, the law requires motorcyclists to have both wheels on the ground at all times. Other dangerous behavior falls under the loose definitions of reckless driving statutes. The new law stiffens penalties for dangerous riding to $1,000 for the first offense and up to $3,000 for the third. Further penalties include suspending the motorcycle license. Although, a lot of people are saying that the regulations don't go far enough. According to police, 60 percent of the motorcycle riders engaging in this type of behavior are unlicensed so threatening to confiscate their license is no penalty at all.

Approximately three-fourths of motorcycle accidents involve other vehicles, most frequently a passenger car. Because of the motorcycles small profile and excessive speed of stunt riders, drivers of other vehicles can't see and have no time to react to avoid collisions. Loss of control at high rates of speed is also common factors in daredevil motorcycle accidents.

Motorcycle accidents are frequently more devastating and traumatic because there is less protection for riders and passengers plus some of the riders are not even wearing helmets since Florida Law no longer requires them. The number of brain injuries and spinal cord injuries are especially high in motorcycle accidents. The type of people who perform dangerous tricks frown on wearing helmets. The drivers of automobiles in accidents involving motorcycles can be psychologically damaged even if they are not physically injured. Since the riders are unlicensed in many cases, they are also uninsured. Accident victims often cannot be adequately compensated because unlicensed riders cannot get insurance.

Even with new laws in place, enforcing them will be difficult for police. The speed and agility of high-powered motorcycles leave police cruisers in the dust. Unfortunately, the only time most violators are caught and charged are the ones whose motorcycles are disabled or destroyed in an extreme motorcycle accident. In some cases, the videos they use to show off might be used against them.

In no way does the behavior of these hooligans tarnish the reputation and skill of serious motorcycle enthusiasts. Their disregard for the safety of men, women, and children who share the road should be strongly condemned. Fortunately, Florida and other states are moving in the right direction to curtail these dangerous activities.

If you have been involved in a motorcycle accident in Florida, you may need an experienced motorcycle accident attorney on your side. Please contact Payer Law Group today for your free consultation with an experienced motorcycle accident attorney.

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A memorial service is scheduled for 10:30 a.m. Thursday at Juno Beach Town Center for Juno Beach Police Officer Tiffany Renee Russell, 24, who died early Sunday in a single-car accident on Southwest Citrus Boulevard, 2 ½ miles north of Boat Ramp Road in Palm City.

The driver of the car, Lynda Kruse, 23, of Stuart, also died of injuries in the accident.

Juno Beach Police Chief Dennis Weiner said the memorial is limited to family, friends, the Juno Beach community and local law enforcement.

Kruse was driving a 2003 Mini Cooper north on Southwest Citrus Boulevard when she failed to navigate a curve, according to the Florida Highway Patrol report. The car went off the road and flipped several times, ejecting the two women, the report stated.

Spokesman Lt. Tim Frith said a Martin County sheriff’s deputy found the overturned car and the women in an off-road wooded area at about 6 a.m. Both women died at the scene after the 2:45 a.m. crash.

Ann Gent, a Juno Beach police dispatcher, said all officers from the small department were being notified of Russell’s death. “Everybody’s close to everybody, and it’s going to impact the department,” Gent said.

Russell had been working there for about 1½ years, the department’s press release stated.

“In that short time she had become a valued part of our community, a dedicated officer and a great friend to all of us here,” the release stated.

A fund has been set up for Russell’s 2-year-old daughter, Hailey Troutman, at SunTrust Bank. It is open for anyone to make a deposit in memory of Russell for the future care of her daughter. The account title is Hailey Troutman AMB Chad Troutman, account number 1000082209049.

The FHP report said neither Kruse nor Russell were wearing a seatbelt. The accident is under investigation.

News Source: TCPalm

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