Lakeland Florida Injury Lawyer Blog

Jared Cline wasn't thinking straight when he showed his ID to the cashier just before robbing a Circle-K convenience store in Lakeland, FL.

According to a Bay News 9 article, Jared Cline, 22, went to the convenience store in Lakeland, FL on July 5, 2009 and asked for watermelon flavored blunt wrappers when the clerk asked for his identification to confirm his age.

Cline showed his ID, and then asked for money, saying if she complied there wouldn't be "any problems." The clerk then gave Cline an undisclosed amount of cash and Cline left the convenience store. On his way out, he dropped a plastic bag of marijuana.

After reporting the robbery to the police, the clerk could not remember Cline's name, but after detectives looked at the surveillance tapes they were able to search his birthday and match his pictures with records in Lakeland, FL.

"The clerk did a great job...she followed the law and Circle-K's guidelines," said Sheriff Grady Judd. "She knew that it was illegal to sell tobacco products to a juvenile and she asked for his identification - because she did the right thing, the suspect is behind bars. It didn't hurt that our suspect wasn't too bright, either."

Cline was arrested and booked into the Polk County Jail, charged with robbery, possession of marijuana and possession of drug paraphernalia. Detectives say Cline confessed to the robbery as well as another petit theft at another Circle-K store.

It's common knowledge that convenience stores are easy targets for robberies. Thus, convenient store clerks are at a greater risk of sustaining injury on the job. Generally, Florida requires injured workers to bring injury claims under the Florida Worker's Compensation statute. This bars the worker from bringing a claim against his/her employer for negligence.

However, because of a foreseeable risk to convenience store workers, Florida has enacted specific security requirements for convenience stores. Failure to abide the law may allow the worker to bypass worker's compensation and bring a negligence action against the employer. The clerk in this story luckily survived the robbery and can now chuckle at the experience. It is reassuring to know that Florida laws were created to protect her.

Members of the Iglesia Bautista Maranatha, located in Lakeland, FL, united for the first time this Sunday after a deadly lightning strike left dozens hospitalized and another dead.

According to a Bay News 9 report, the strike happened just outside the church on Viola Road in Lakeland, FL, killing 30-year-old Benjamin Gonzalez of Lakeland, FL. According to his family, Gonzalez was born in Texas, and moved to the Tampa Bay Area while in middle school. He graduated from Lake Gibson High School and then attended technical school. He worked in the IT department for Circle K convenience stores.

According to Pastor Jose Angel Gonzalez, his brother Benjamin Gonzalez was a kind man to everyone who died doing what he loved most. At the time of the strike, Gonzalez was playing soccer while hanging out with his church friends. Juan, another one of Benjamin Gonzalez's brother, was with Benjamin when he was struck and killed. "It was a clear day," Gonzalez said. "It wasn't raining at the time, and they were just having fun."

"They heard the lightning when it hit, and obviously they were playing soccer and they were close together. When it hit, several hit the ground, and he turned around and saw my brother," Gonzalez said. "That's when he dropped to a knee and clutched his chest and he fell over." Attempts to resuscitate Benjamin failed.

The Polk County Sherriff's office reported that 18 other people were taken to the hospital, but have since been released.

This tragedy appears to be nothing but a freakish act of nature. Nonetheless, as a personal injury attorney practicing in Polk County, FL, many questions come to mind. Was this an organized event? How was responsible for overseeing the players? Was anyone aware of the lightning and the potential for harm? Answers to these questions could reveal whether a potential negligence claim exists. It is a lawyer's job to look beyond the surface for the benefit of the client.

Antwan Nelson, 21, of Lakeland, FL was charged with the murder of Auntrey Jones of Ft. Meade, FL.  After four hours of deliberation, a jury returned a verdict, finding Nelson guilty of first-degree murder, robbery and attempted robbery. Polk County Circuit Judge, J. Michael Hunter later sentenced him to life in prison.

According to a recent article in the Lakeland Ledger, Nelson and his co-defendant, James Bell were working together to rob a man at gunpoint while driving in a car on the evening of July 27, 2008.  After successfully robbing Lachaz Clark, they then drove on and attempted to rob twenty-year-old Auntrey Jones.  Jones received a gunshot to the chest and died from fatal injuries at Seminole Avenue South and Southwest Eighth Street in Fort Meade, FL.

Nelson, who was driving the getaway vehicle, then led police on a high-speed chase. He pleaded guilty to fleeing and eluding police but maintained his innocence throughout the trial on all other charges.

Pursuant to Florida Statute 768.0710(2) , a civil action for negligence may be brought against a property owner where the business owner fails to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation of the business premises. A party may have a claim against a business entity if its actions or omissions result in injury or damage.

While this article is silent as to the exact location of the shooting, a negligence action may exist if the incident occurred on business property. Unfortunately, it is often assumed that the only legal remedy in such cases is within the criminal setting. As a personal injury lawyer practicing in Polk County, FL, I have assisted victims of crimes in bringing civil claims against property owners. Businesses have a duty to act reasonably where there is a foreseeable threat of harm to their patrons. A breach of that duty may constitute negligence.