Tag: ocala

Gainesville Drunk Driving Accident Attorney

GAINESVILLE DRUNK DRIVING ATTORNEYS

November is in full swing and many will be getting ready to celebrate the holiday season with friends, family, and a few adult beverages.  It is not uncommon to have a few drinks during a family meal or office party, but be careful, state and local law enforcement will be watching and ready to stop intoxicated drivers.  DUIs can put a real damper on the holiday spirit and cost thousands of dollars in legal fees that will really hurt your holiday budget.  Here are a few tips to help you survive without the headaches.

  1. Know your limits. Obviously, not drinking alcohol at all is the only way to avoid a DUI. If you do choose to drink, please find a designated driver who does not drink to give you a ride home.  Two glasses of wine might be ok, but body weight, temperament and tolerance always play a factor in both your Blood Alcohol Content (BAC) and your ability to safely operate a motor vehicle.
  2. Stay overnight. The best way to truly enjoy a good holiday party is to not go home. Yes, this may be an inconvenience to your family or friends, but most loved ones would rather you spend a night on their sofa than a night in jail.  If you suspect you might be drinking at a party, bring a change of clothes or an overnight bag just in case.
  3. Know your rights. If you choose to ignore all the good advice up to this point and find yourself pulled over by Law Enforcement after you have been drinking, be familiar with your state and local laws. Do not say anything to the officer that you might regret and contact an attorney immediately.  The Law Offices of Massey & Duffy will be open throughout the holidays and are able to assist you with your case.  You may contact our office by phone (352) 505-8900 during our normal business hours or by email massey@352law.com, 24 hours a day.

The attorneys and staff of Massey & Duffy, PLLC want to wish you a very Happy and Safe Holiday Season!

Massey & Duffy Honors Veterans!

Happy Veterans Day 2015!

At the 11th Hour, of the 11th Day, of the 11th Month, (November 11th) in the year 1918, the Great War ended.  Almost a century has passed since World War I has ended and since then our nation has chosen November 11th as Veterans Day.  This is a day to honor those brave men and women who have embodied the principles of our nation and put themselves in harm’s way to protect our very way of life.

Few have been hit with the unemployment crisis as hard as our returning veterans.  Veteran unemployment is among the highest of any group.  Despite the stigmatism that follows retuning veterans, many employers are overlooking the great skills and abilities these men and women have to offer in the civilian workplace.  Many are proven leaders, innovators and loyal employees.

In honor of all our US Military Service members, the Law Offices of Massey & Duffy, would like to say “Thank You” to those who served and continue to serve our nation.

The American with Disabilities Act (ADA) outlines many protections for returning Veterans, some of whom suffer severe service-connected disabilities:

  1. Discrimination: Title I of the ADA prohibits an employer from discriminating against an applicant or employee based on veteran’s status. This includes but is not limited to hiring, promotions, job assignments, training, and/or termination due to their disability, a history of having a disability, or the employer’s perception of such disability.

 

  1. Definition of “Disabled”: A veteran with a service-connected disability is protected by the ADA when he meets the ADA’s definition of disability and is qualified for the job he has or wants. According to the changes outlined in the ADA Amendments Act of 2008, it is easier to establish entitlements under the ADA. For example, the term “major life activities” includes not only activities such as walking, seeing, hearing, and concentrating, but also the operation of major bodily functions, such as functions of the brain and the neurological system.  This is particularly helpful to veterans who have suffered from PTSD or Traumatic Brain Injuries (TBI).

 

  1. Veterans’ Preference for Federal Employees: Under the Veterans’ Preference Act, veterans with and without disabilities are entitled to a preference in certain federal government agencies over others in hiring from competitive lists.  Qualified veterans are given additional points in the application process and if two qualified candidates are selected, this veteran’s preference would be assessed.

 

  1. Tax Incentives for Employers: Although the ADA prohibits discrimination “on the basis of disability,” it does not prevent affirmative action on behalf of individuals with disabilities. A private employer may hire an individual with a disability who is qualified (including a veteran with a disability) over a qualified applicant without any disability. This practice is not required by law, but may qualify the employer for certain tax incentives such as the Work Opportunity Tax Credit (WOTC).

 

  1. Accommodations: If you are a disabled veteran, you may be entitled to certain accommodations from your employer. These accommodations are not “special favors”, they are legal entitlements you may need to perform your daily work functions.  These accommodations should be requested, in writing, and given to your immediate supervisor as well as your Human Relations Department to ensure that they are aware of what accommodations you need.  Some employers may require medical documentation from your physician.

The attorneys of Massey & Duffy are proud to represent our veterans when they face discrimination and injustice.  If you believe you have been denied your legal rights under the Americans with Disabilities Act, please call our office at (352) 505-8900) to schedule a free consultation.

Ocala Lawsuit Filed

Our law firm files complaints in Ocala, Florida. For example, the following unjust enrichment lawsuit was filed by our attorneys serving Ocala:

COMPLAINT

Plaintiff sues Defendant as alleges as follows:

1. This is an action for damages of more than $5,000.00 but less than $15,000.00, exclusive of attorneys’ fees and costs. 

2. Defendant is a company with its main office in Ocala, FL. 

3. Venue is proper in this Court. 

4. This Court has jurisdiction to hear this matter. 

5. Plaintiff was hired to perform services including storm damage removal by Defendant.  Plaintiff fully performed these services. 

6. In exchange for performing these services, Defendant agreed to pay Plaintiff the amounts indicated on the attached Exhibits A and B.

7. Defendant has failed to pay Plaintiff the amounts indicated on the attached Exhibits A and B and currently owes these amounts to Plaintiff, thus damaging Plaintiff. 

COUNT I – UNJUST ENRICHMENT 

8. Plaintiff reallages counts 1 – 7 above.

9. Defendant has been unjustly enriched by the Plaintiff’s performance of services without payment therefore. 

10. Plaintiff conferred a benefit on Defendant, and Defendant has knowledge of that benefit.  

11. The Defendant has accepted and retained the conferred benefit. 

12. Under the circumstances, it would be inequitable for the Defendant to retain the benefit of Plaintiff’s services without paying for it. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper. 

COUNT II – BREACH OF ORAL CONTRACT

13. Plaintiff reallages counts 1 – 7 above.

14. Plaintiff and Defendant orally agreed to the payment for the services previously mentioned, on the terms identified in the attached Exhibits A and B. 

15. Defendant has failed to pay the Plaintiff according to the terms agreed for Plaintiff’s services. 

16. Plaintiff has been damaged by the Defendant’s breach of their oral agreement.  

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

COUNT III – ACCOUNT STATED

17. Plaintiff reallages counts 1 – 7 above. 

18. Plaintiff provided to Defendant the invoice statements attached hereto as Exhibit C.

19. Defendant did not object to these invoices.  

20. Before the institution of this action, Plaintiff and Defendant had business transactions between them and they agreed to the payment of the amounts indicated in the attached Exhibits A, B and C. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

Dated on February 25, 2014.     

/s/ Michael Massey

Fla. Bar. No. 153680

Designated email:  Massey@352law.com

Massey & Duffy, L.L.C.

855 E. Univ. Ave.

Gainesville, FL 32601

(352) 505-8900

 Attorney for Plaintiff

 

Deposition Notice

In both Florida and Federal cases, Plaintiffs can notice depositions with certain “areas of inquiry”.  Those can be difficult to articulate, so below is a sample.  Please seek legal advise before using such a thing, such as our lawyers.  Our attorneys serve Gaiensville, Ocala, Lake City and the surrounding areas.  The following is from an employment law case, but with modification it could easily be used to help the injured or in a divorce:

1. Each and every issue raised in Plaintiff’s first set of interrogatories.

2. The answers to Plaintiff’s first set of interrogatories.

3. The current location of each and every document requested in Plaintiff’s first request to produce.

4. Any and all issues related to allegations that the Plaintiff’s work performance was good, bad, poor and/or insufficient.

5. Any and all reasons for the Plaintiff’s termination, reprimands and/or demotion.

6. The job description and job duties of the Plaintiff.

7. Each and every one of the Defendant’s affirmative defenses.

8. The Defendant’s answer to the Plaintiff’s complaint.

9. Knowledge of factual circumstances surrounding Defendant’s answer and affirmative defenses.

10. Knowledge of factual circumstances surrounding Plaintiff’s complaint.

11. The job description and job duties of any and all of the Plaintiff’s supervisors.

12. The identify of any and all persons who’s job duties are similar to that of the Plaintiff.

13. The identity of all persons similarly situated to the Plaintiff.

14. All communications between the Plaintiff and any agent, director and/or employee of the Defendant.

15. All documents written by the Defendant (or its agents, directors and/or employees) to the Plaintiff.

16. All documents and/or letters written by the Plaintiff to the Defendant (or its agents, directors and/or employees).

17. All wages, benefits, earnings, and bonuses earned by the Plaintiff during the course of employment with the Defendant.

18. All reprimands provided (either verbally or written) by the Defendant (or its agents, directos and/or employees) to the Plaintiff.

19. All job duties of the Plaintiff’s supervisor.

20. All job duties of the person whom made (or was involved in any way) the decision to terminate the Plaintiff.

21. Any and all facts regarding those documents requested in Plaintiff’s first request to produce, including the authors of said documents and the circumstances surrounding their creation.

22. All employment policies and practices of the Defendant.