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Robert John Sunner

Robert Sunner’s Answers

27 total

  • Should I fight this careless driving citation?

    I was cited for careless driving under Florida statute 316.1925 for skidding on a corner in the rain and taking out a yield sign. I spoke with an officer on the scene and due to the fact that my rear tires were 'almost' down to the wear bars my dr...

    Robert’s Answer

    I agree with the previous answer given. The statutes breadth of "careless" can pretty much encompass any infraction on the road. A strong argument could be made that you were "careless" in the fact that you drove with significant wear and tear on your tires. (i.e., if you were operating your vehicle in a "careful and prudent" manner, then you should have known of the tires' condition.)

    Have you gone to traffic school more than 5 times? You might be able to do so to avoid points on your license. You should consult a traffic court attorney to go over all your options.

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  • Do I have a defamation case?

    My exgirlfriends new boyfriend has called both stores I manage and has told two different employees that my ex has a restraining order against me. This is not true. She has my phone number. He has my email address that he has contacted me on befor...

    Robert’s Answer

    I'm sorry to hear about your predicament. I agree with the previous answer, that damages may be questionable and more information will be needed. Here is a quick preview of Florida's elements of defamation: (1) A statement of fact (as opposed to opinion), (2) a defamatory effect from that statement, (3) identification of the plaintiff as the subject, (4) publication to a third person, (5) compensable damages to the plaintiff, (6) falsity of the statement, and (7) requisite fault by the defendant. FL courts distinguish between fact and opinion by examining the statement in totality and in context, weighing cautionary terms used by the publisher, and considering all of the surrounding circumstances (medium of dissemination, audience). Then the statement is classified as a pure opinion, statement of fact, or mixed (which can be actionable).

    In regards to your comment to the previous answer, the tort of intentional infliction of emotional distress is recognized in FL. Physical impact or physical manifestation of psychological trauma is not required to state a claim. However, the act by the defendant must amount to extreme and outrageous conduct (transcending all bounds of decency) and actual damages (severe emotional distress), not nominal damages, are required.

    Hope this sheds some light on your situation! Good luck!

    Robert J. Sunner
    The Sunner Law Firm
    150 W. Warren Ave.
    Longwood, FL 32750
    407-831-8522

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  • Should I sue?

    Dentist #1 perforated my palette during a botched root canal / my tooth (upper molar) could not be saved; reluctantly offered to remedy the problem by sending me to an oral surgeon to have the tooth pulled and replaced with implant. Dentist #2 (o...

    Robert’s Answer

    I would need some more information about your situation in order to answer your question more fully; however, you should probably seek an attorney through a free consultation to see if you have a claim.

    For doctors and other health care providers, FL law imposes a standard of care based on what is recognized as acceptable and appropriate by a reasonably prudent similar health care provider in light of all relevant circumstances. You should talk to a lawyer to see if your dentist performed below this duty of care in order to have a case for medical malpractice.

    As a side note, a health care provider will not be liable for failure to obtain informed consent if the patient either (1) received enough information so that a reasonable person would have a general understanding of the procedure, its alternatives, and its risks, or (2) would have accepted the treatment had he been advised as required. You can see FL Stat 766.103 for more info.

    Here is the Florida's statute of limitations for medical malpractice:

    FL Stat 95.11 (4)(b) - An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.

    Hope this helps! Good luck!

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  • If I have someone who is recommending me to contact a medical malpractice attorney for a surgery done on my back.

    I am seeing a very well known and respected surgeon. He is urging me to get a malpractice attorney for injuries done during my surgery. (How do I know who to contact) and how long do I have. I am in severe pain and would like to find someone in th...

    Robert’s Answer

    I agree with the previous answer, asking someone you trust for an attorney recommendation is a great way to find an attorney. The decision may seem a little daunting with so many internet websites at your disposal.

    Here is the Florida's statute of limitations for medical malpractice:

    FL Stat 95.11 (4)(b) - An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.

    Hope this helps!

    Robert J. Sunner
    The Sunner Law Firm
    150 W. Warren Ave.
    Longwood, FL 32779

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  • Can a store be held negligent for motorized cart, marked "For in store use only", to leave store causing accident.

    I was parallel parked in Sam's Club (SC) when I drove off and ran into a motorized shopping care someone had left directly in front of my SUV. I hadn't drove 1 foot before hitting the object. It tore my bumper off. The shopping cart clearly states...

    Robert’s Answer

    From the facts that you've stated, it might be difficult to be reimbursed by Sam's Club. The cart was stationary due to the fact that no one was operating the cart and you struck the cart with your front bumper, which means that you probably should have seen the cart. It's also hard to believe that the cart caused $1,700 in damages when "you hadn't drove 1 foot before hitting the object."

    If the cart had been there for a long period of time, and Sam's Club knew or should have known that the cart was in a dangerous position for customers in the parking lot, then they might be found negligent. A lot of lawyers do not deal with accidents that solely involve property damage. However, you may be able to get some quick advice on how to deal with property damage through a free consultation from a lawyer in your area.

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  • Hit by car passing me while i was into my left hand turn on a country road, whois at fault?

    I was making a right hand turn when i noticed a car coming up really fast and close, so i decided not to turn so he wouldn't hit me from behind,so turning off my right blinker and proceed forward and turning on my left blinker checking behind me a...

    Robert’s Answer

    As far as liability is concerned, the driver that hits someone from behind is usually at fault for failing to maintain a safe distance from the car in front of them. However, from the facts that you've stated, it appears that the driver side, not the rear, of your car was damaged when you were making a left turn. Therefore, it is unclear whether the car already in the left turn lane was negligent (speeding, driving recklessly, etc.) or if you should have proceeded into the left turn lane with more caution.

    Since the police did not come, it sounds like its going to be a "he said, she said" sort of accident, due to the fact that there was no accident report and no one was cited for the accident. Report this claim to your own company, and they should take care of your collision less your deductible. Don't talk to the other driver's insurance company.

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