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Florida Judge Should Have Never Dismissed Personal Injury Case, Says Appeals Court


In 2003, a man was rendered quadriplegic after a diving accident in Miami. He smashed his head on a basketball size rock, which had been left there by a beach renourishment project. The man, Dwight Downs, claimed that the U.S. Army Corps of Engineers was negligent to ensure the quality of the materials that were used during the project, which was completed in the 1970s and 80.

Downs took his case to a Florida court, where it was dismissed because the judge found that the Corp's contract with Dade County was nearly possible to enforce. The contract had called for a non-rocky, sandy material. This would have lead divers to believe that jumping into the surf would have been safe.

An appeals court judge in Atlanta has agreed to hear the case and has said that it never should have been dismissed by the Florida court. A panel of three judges will meet to discuss the terms of the contract, as they apply to Florida law. Then, they hope to be able to tell if the Army Corps of Engineers should be held responsible for the accident.

At the law offices of Porter and Korvick, we understand the pain and suffering that come with a severe injury like the diver's. We know that medical bills, lost wages and legal expenses can make life after an accident even more difficult. For that reason, we are here to help you win your personal injury lawsuit and get the money that you deserve from the party responsible for your injury. Give us a call today for more information.


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