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Kawasaki is recalling certain model year 2006-2007 ‘Ninja’ ZX-14 motorcycles. The rear suspension can collapse when a cross-member separates from the frame. Failure of the frame could result in the rear of the motorcycle collapsing creating the possibility of a crash resulting in injury or death. If you own the recalled Kawasaki model (see below) the manufacturer recommends that you check the frame of your motorcycle for cracks. Tell tale signs include the formation of rust on the metal of the engine mount or paint flaking off the tube that wraps around the cylinder.

Manufacturer: Kawasaki
Model Year: 2006, 2007
Models affected: ‘Ninja’ ZX-14
NHTSA Campaign Number: 08V222000

The products liability attorneys at Leesfield & Partners have extensive experience representing clients in defective products cases, including motorcycle products liability cases against Kawasaki, Honda, Yamaha and Suzuki. In these cases, Leesfield & Partners has recovered well over $50 million for our clients, including a $20 million verdict against Honda for negligent design of a motorcycle sidestand. Our firm has successfully handled product safety cases in Florida and across the United States, including New York, California, Minnesota, Texas, Georgia, Illinois, Alaska and Pennsylvania.

If you or a loved one has been seriously injured in a product liability accident while riding a motorcycle, one of our qualified and skilled defective product lawyers would be happy to speak with you at no charge to you. You may contact us by email or call us at 1-800-836-6400.

Ira H. Leesfield has been named President of the Melvin M. Belli Society.   The Melvin M. Belli Society is an organization comprised of lawyers who have distinguished themselves as trial lawyers and are dedicated to the principles of education on an international basis.  It was created in 1981 for the purpose of promoting the international exchange of ideas among its members through meetings and education.   In 2002, the organization presented Ira Leesfield with the “ 2002 Melvin Belli Award,” recognizing his outstanding initiative in prosecuting cases that benefit public interest.

Driving while on your Cell Phone

Ira H. Leesfield, recently wrote an article entitled “Driving While on the Cell Phone: Punitive Damage Awards Should Come Through Loud and Clear” published in the American Bar Association’s The Brief, Tort Trial & Insurance Practice Section, Summer 2007, Vol. 36, No. 4. The article analyzes and discusses remedies and tactics for handling motor vehicle collision cases arising from cell phone use and distractions.

*Reprinted with permission from the American Bar Association.

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Read about Leesfield & Partners dedication to the practice of Resort Torts:
RESORT TORTS CASE LAW

In a landmark ruling for our client, Jean Francois Huchon and Florida plaintiffs, United States District Judge K. Michael Moore has held that the federal rental car immunity statute, 49 U.S.C. § 30106, commonly known as the Graves Amendment, which purports to regulate vicarious tort liability of car rental companies, is an unconstitutional overreaching of Congress’ power under the Commerce Clause. In his well-analyzed opinion, Judge Moore held that the Graves Amendment directly indicates an intention to pre-empt state law. The Court concluded that Congress exceeded the authority granted by the Commerce Clause because the statute: regulates tort liability but:

• does not directly regulate either channels of interstate commerce or the use of those channels;
• does not regulate the use of instrumentalities of interstate commerce; and
• does not substantially affect interstate commerce.

The Court found that there is no evidence that vicarious tort liability for car rental or leasing companies would undercut some larger federal regulatory scheme for the car rental industry. Nor is vicarious tort liability for car rental or leasing companies being used by states to control interstate commerce in rental cars. Nor has any argument been raised that the car rental or leasing industry requires protection, or is in the least bit of danger.

Our client, thirty seven year old Jean Huchon, was severely injured in February 2006 when the motorcycle he was riding was struck by the driver of an Alamo rental car in Marathon, Florida. Jean Huchon suffered closed head injury and cervical spine fractures due to the rental car driver’s negligence. The personal injury action filed by Leesfield & Partners in the Circuit Court for Monroe County, Florida was removed to the United States District Court on diversity jurisdiction grounds. Alamo’s parent, Vanguard Car Rental USA, Inc. filed an action for declaratory judgment claiming immunity from liability based on the Graves Amendment. The Court consolidated the underlying tort and declaratory judgment actions. The tort action is currently pending before Judge Moore and awaiting a trial date.

Based upon the earlier favorable ruling in New York on the unconstitutionality of the Graves Amendment, Leesfield recognized that the constitutional challenge would be pivotal in Jean Huchon’s case in Florida and enlisted John Vail and Andre Mura of the Center for Constitutional Litigation, P.C. to assist us. Special thanks go out to John Vail and Andre Mura and their staff, who worked so hard on the brief and legal issues in conjunction with our firm.

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Leesfield & Partners Honored as Top Firm by Three Major Publications

Florida Superlawyers 2006

Leesfield & Partners is pleased to announce that four of the firm's attorneys were selected for Florida Super Lawyers 2006. Super Lawyers is a national directory publication represented in 21 states. Managing Partner Ira H. Leesfield was selected as "The Top 100 Florida Super Lawyers." For more information on Florida Super Lawyers, visit www.superlawyers.com.

Florida Trend

Ira H. Leesfield was recognized as "Florida Legal Elite" for 2006 by Florida Trend Magazine. Partners Thomas Scolaro and Mark Sylvester were recognized as Up & Coming Legal Elite. For more information on Florida's Legal Elite, visit www.floridatrend.com/LegalElite.

South Florida Legal Guide

In 2006, Leesfield & Partners was once again selected by South Florida Legal Guide as one of South Florida's top law firms. Celebrating 30 years of service, our firm has become recognized as one of Florida's preeminent trial law firms for five consecutive years.

Ira Leesfield was named as "Top Lawyers in South Florida". Partner Mark Sylvester has also been recognized as one of South Florida's "Up and Coming" attorneys.

Founded in 1976, Leesfield & Partners, P.A. is a civil trial law firm with a national and international practice. The attorneys and staff handle complex catastrophic personal injury and wrongful death litigation and appeals throughout the United States. The staff includes law clerks, paralegals, a consumer product safety investigator, nurse paralegal, and a full-time investigator. The firm prides itself on a practice of select and eclectic complex litigation, and has made a national name for itself in maximizing damage awards for the most serious catastrophic injury and death cases and appeals throughout the United States.

The firm presently represents clients in complex personal injury, wrongful death, aviation and product liability suits in Alabama, Arizona, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Virginia, Wisconsin and throughout the United States and Florida. With the completion of two of the nation's largest awards in Anchorage, Alaska, and Erie, Pennsylvania, the firm's practice can truly be said to stretch across the entire United States.

Ira H. Leesfield, and Leesfield & Partners, were instrumental in implementing the new Carbon Monoxide legislation to protect unsuspecting consumers and vacationers. Five months after a terrible ordeal which cost the life of 26-year-old Thomas Lueders due to carbon monoxide poisoning while vacationing at the Doubletree Grand Key Resort in Key West, Florida's Legislature adopted a bill requiring all new commercial construction with boiler rooms to have carbon monoxide (CO) detectors.

With this new legislation, Florida becomes the eighth (8^th) State to mandate that commercial buildings be equipped with CO detectors. This was the first attempt at passing the new bill, but because of Lueders' death and the efforts of former Florida Justice Association (FJA) President Ira Leesfield, Senate Bill 1822 was adopted. Specifically, the bill requires any public lodging establishment with a boiler room in the same area as a sleeping room install one or more CO detectors. Construction permitted in 2008 must have a carbon monoxide alarm installed within 10 feet of each sleeping room.

Ira H. Leesfield fought for this critical new legislation after he took the cases of 25 people who suffered CO poisoning while vacationing at the Doubletree Grand Key Resort just a week before Lueders' death. After speaking with his clients, he quickly realized that everyone wanted to stop future cases of CO poisoning. Five months later, this new law is now a reality.

This tragedy is not the first one of its kind that Leesfield & Partners has had to face in its 30 years of practice. Among the nation's leading trial lawyers, Ira H. Leesfield has successfully represented victims of toxic poisoning and gas leaks in hotels, motels and resorts for over twenty years. Because of the firm's office locations in Key West and South Beach, they are frequently presented with tragedies involving gas and toxic fume leaks in tropical settings. The firm has maintained its office in Key West's historic old town since 1986.

One of the most well known successes by the firm was the case of Barbee v. Old Island Fumigation Co., where an exterminator negligently allowed toxic fumes to seek into adjacent structures. The case became a landmark decision in Old Island Fumigation Co. v. Barbee, when Florida's Third District Court of Appeal upheld the firm's obtaining a summary judgment on behalf of the victims.

Leesfield & Partners has obtained numerous other verdicts and settlements of this type. In Schulz v. ABC Resorts, newlyweds were honeymooning at a resort. While they slept, gas from lines in their villa seeped into the building. When they turned on a light, the villa exploded. Both of these young people were horribly burned. The wife died days later. A multimillion dollar confidential settlement was obtained by the firm on behalf of the surviving victim.