marathon

An 83-year-old Marathon, Florida, woman retained Leesfield & Partners to represent her after a neighbor’s pet bird attacked her while she folded towels at the community pool.

The woman lives alone in the Marathon community in a two-story condominium and was watching her granddaughter swim in the pool the day of the incident. When she returned to the pool later on to retrieve the beach towels her granddaughter had left, a neighbor came down to the pool area carrying their pet bird whose wings are clipped. As the woman folded the discarded towels, her neighbor put the bird on the fence around the pool near where the woman stood. The bird then reached out and bit the woman on her hand, startling her and causing her to violently fall to the ground. The woman was transported to hospitals a total of three times by ambulance and it was determined she had a broken hip requiring surgery.

Following the bird attack, the woman was left bedridden at the hospital for several weeks and likely has several months of painful recovery and physical therapy still ahead. Due to the incident, the woman “sustained permanent disabling and disfiguring injuries,” according to a lawsuit filed in Circuit Court for the 17th Judicial Circuit in Monroe County.

February 18, 2010- Florida Fish and Wildlife Conservation Commission (FWCC) employee Elizabeth Overstreet was driving a FWCC truck northbound on U.S. Highway 1 near Marathon, Florida, while towing a trailer and an enormous 31-foot fishing boat. Overstreet was driving at the posted speed limit of 55 mph when she realized that the trailer and boat she was towing began to fishtail from side to side. Overstreet suddenly lost all control of the trailer and boat, which caused the FWCC truck to jackknife directly into oncoming traffic in the middle of the open freeway.

At that time, Ruth was driving her van in the southbound lane with a friend to visit friends and family in Big Pine Key. Suddenly, and without warning, Ruth noticed the FWCC truck barreling directly into her only path on the freeway, and she immediately made a defense maneuver in a desperate attempt to avoid a collision. Unfortunately, there was no escaping the FWCC truck, which ultimately plowed directly into Ruth Ann’s van. The tragic result was a massive head-on collision and explosion with two fatalities and catastrophic injuries to the survivors.

Ruth miraculously survived the collision and ensuing explosion, but her nightmare had just begun. At 5:26 pm, she was loaded onto a stretcher for emergency airlift to Jackson Memorial Trauma unit with nine broken bones and bleeding profusely from numerous lacerations on her face. During this helicopter flight to the trauma unit, Ruth was forced to ponder the gruesome images of her beloved friend’s mangled body which remained lifeless in Ruth’s van.

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