Parties: Macheski v. Vongontard, et al.
Florida Injury Attorneys: Frank Fernandez and Jennifer Fernandez of the Fernandez Firm.
Age/Sex/Occupation of Plaintiff: 27 / M / College Student
Negligence: Verdict for man who sustains right leg amputation due to a negligent boating. On June 5, 2004, after falling off an inner tube, the Plaintiff was left floating in a small lake in north Tampa, Florida. The boat that he was tubing behind negligently failed to come back and pick him up. Minutes later, the Plaintiff had his right leg amputated was when he was struck by a second boater while stranded in the lake. Under Florida law, boats are legally classified as dangerous instrumentalities. Thus when a person operates a boat on the waters of this State, they are required to exercise highest degree of care to prevent injuries to others. They also have a legal obligation to watch where they going and maintain a proper look-out. If they fail to use the highest degree of care and, as a result, negligently injure someone, they are responsible for the damages.