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Space debris crashes into Florida home, family sues for damages

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Space debris crashes into Florida home, family sues for damages


Lawyer Mica Nguyen Worthy is suing NASA on behalf of Florida homeowner Alejandro Otero and his family to recover damages after space debris hit their family home in early March, according to the Cranfill Sumner Law Firm where Worthy is a partner.

On March 8, a piece of space debris crashed through the roof of Otero’s home while his son Daniel was in the room. The debris left a large hole in the roof through the sub-flooring.

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NASA confirmed later that the space debris was from its flight support equipment, which was used to mount the batteries on the cargo pallet. 

In March 2021, NASA’s ground force used the International Space Station’s robotic arm to release a cargo pallet containing batteries from the space station after installing new batteries as part of an upgrade on the orbital outpost.

NASA stated that although the hardware was expected to burn up during its entry into Earth’s atmosphere on March 8, a piece of hardware survived re-entry and struck the Florida home. 

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The International Space Station’s 57.7-foot-long robotic arm, also known as the Canadarm2, is pictured attached to the Harmony module. (credit: NASA)

In discussing the cause of the debris, NASA added, “Based on the examination, the agency determined the debris to be a stanchion from the NASA flight support equipment used to mount the batteries on the cargo pallet. The object is made of the metal alloy Inconel, weighs 1.6 pounds, is 4 inches in height and 1.6 inches in diameter.” 

The space agency said they will continue to investigate why the hardware did not burn up during entry and update their systems so it does not occur again. 

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Damages Otero family is seeking

The Otero family members are seeking claims for non-insured Property Damage loss, Business Interruption damages, Emotional/Mental anguish damages, and the costs of assistance from third parties required in the process. 

Furthermore, the Oteros’ homeowner’s insurance carrier submitted a simultaneous claim for the damages to the property it had subrogated.

“Space debris is a real and serious issue because of the increase in space traffic in recent years,” Worthy emphasized. 

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“My clients are seeking adequate compensation to account for this event’s stress and impact on their lives. They are grateful that no one sustained physical injuries from this incident, but a ‘near miss’ situation such as this could have been catastrophic. If the debris had hit a few feet in another direction, there could have been serious injury or a fatality,” Worthy added.

Worthy is a partner in the Charlotte, North Carolina office of Cranfill Sumner LLP and Chair of the firm’s Aviation and Aerospace Practice Group.

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Worthy also emphasized to NASA that it should consider that US citizens should not have to make a claim under a negligence legal theory when the US government has committed to being “absolutely liable” under international treaty law for damage to persons or property on Earth’s surface caused by its space objects.

“If the incident had happened overseas, and someone in another country was damaged by the same space debris as in the Oteros’ case, the US would have been absolutely liable to pay for those damages under the Convention on International Liability for Damage Caused by Space Objects also known as the ‘Space Liability Convention,’” Worthy noted. 

“We have asked NASA not to apply a different standard towards US citizens or residents, but instead to take care of the Oteros and make them whole,” she said. 

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“Here, the US government, through NASA, has an opportunity to set the standard or ‘set a precedent’ for what responsible, safe, and sustainable space operations should look like. If NASA were to take the position that the Oteros’ claims should be paid in full, it would signal to other governments and private industries that such victims should be compensated regardless of fault,” Worthy concluded.

NASA will have six months to respond to the allegations. 





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Florida

Ron DeSantis stops Florida beaches closing amid “fecal pollution” warnings

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Ron DeSantis stops Florida beaches closing amid “fecal pollution” warnings


Florida Governor Ron DeSantis has vetoed a bill that would have given the state the power to close beaches if tests show water does not reach the state’s health standards.

DeSantis made the call this week, despite Floridians being warned against swimming due to “fecal pollution” just two months ago.

If the bill had gone through, local authorities of beach waters and public bathing places would have had to notify the Department of Health whenever testing water was below recommended health standards.

The Department of Health then “shall require the closure of beach waters and public bathing places that fail to meet the department’s standards if it deems closure is necessary to protect the health, safety, and welfare of the public,” the bill read.

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But Desantis wrote in his veto letter that the bill “suffers from a fatal infirmity” as it “grants authority to the Florida Department of Health (DOH) to close beaches, waterways, and swimming pools.”

Florida Gov. Ron DeSantis speaks during a campaign event last June. DeSantis vetoed a bill to do with water health but said it will continue to be a priority for him.

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He said: “Health Departments like DOH can serve a valuable function, but they should not be vested with the power to supersede local jurisdictions regarding the operation of beaches.

“I have made water quality and protecting Florida’s natural resources a priority and my Administration will continue to do so, but this grant of power to DOH over Florida beaches is ill-advised.”

On June 13, the Florida Department of Health in Palm Beach County Healthy Beaches program issued health advisories for Dubois Park, Sandoway-Delray Beach and South Inlet Park.

Sampling showed bacterial levels to be more than 71 colonies per milliliter of marine water, putting the beaches’ results in the “poor” category.

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Anything that is seen as “poor” should be “considered a potential health risk to the bathing public,” according to the Environmental Protection Agency (EPA).

At the end of April, the same department told residents not to swim at several beaches, including Midtown Beach and Dubois Park, in Jupiter.

Water in these two areas had tested positive for high levels of enterococcus bacteria, which the department said “is an indication of fecal pollution.”

It added that this may “come from stormwater runoff, pets and wildlife, and human sewage” and could put swimmers at an “increased risk of illness,”

In both spots, water was recorded as “poor”, meaning it measured 71 or greater enterococci per 100 milliliters of marine water.

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Infections from enterococci “are typically not considered harmful to humans, but their presence in the environment may indicate that other disease-causing agents such as viruses, bacteria, and protozoa [a microorganic parasite] may also be present,” according to the EPA.

Newsweek contacted DeSantis’ press office, via its email address, for comment on this context and was directed to his veto letter.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Destination Known for Former Florida Gators Guard

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Destination Known for Former Florida Gators Guard


Yahoo Sports’ Jake Fischer reported Thursday that former Florida Gators guard Zyon Pullin signed a two-way player deal with the Miami Heat after going undrafted in the 2024 NBA Draft. 

It’s no surprise that Pullin stayed in Florida to sign with the Heat. Miami hosted the guard in early June. Furthermore, his college production more than shows that he can hang with almost anyone in this year’s draft. 

With the Gators, Pullin averaged 15.5 points per game, 4.9 assists and 3.9 rebounds. He also set Florida’s single-season record with a 3.77 assist-to-turnover ratio, which was the best ratio by an SEC player since 2000.

Moreover, he reached double figures in 23 straight games to start his career, which set a new program record.

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As a result of his terrific performances in his only season with the Gators, Pullin was named to first-team All-SEC. 

This might not be how Pullin hoped to make an NBA roster, but the most important thing is that he has a chance in the league with the Heat. 

Pullin will get the chance to learn from one of the best coaches the NBA has ever seen in Erik Spoelstra. Moreover, the Heat have a great culture and are known to give chances to anyone regardless of their draft position.  

Miami currently has multiple players who were undrafted but earned significant minutes during the regular season the past couple of years. Jamal Cain, Duncan Robinson and Caleb Martin are the most notable examples. 

Robinson and Martin have earned second NBA contracts too, which is no small feat for an undrafted player. 

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The Heat are as good of a landing spot as any for Pullin. Now, the ex-Florida guard must prove he belongs.

As a two-way player, Pullin can play with both the Heat and for the organization’s G-League affiliate. However, he will not able to play all 82 games at the NBA level.

The league rules state that “players under NBA two-Way contracts may be active for up to 50 games with their NBA team.”



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Time frame to report construction defects in Florida to shift from 10 to 7 years starting July 1

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Time frame to report construction defects in Florida to shift from 10 to 7 years starting July 1


FLORIDA – Florida construction law is changing, cutting the amount of time homeowners have to file construction defect claims by 30%.

Beginning Monday, July 1, the time frame to report construction defects in the state of Florida will shift from 10 years to seven years.

The change in the law affects anyone who owns a home that was recently built, but it especially impacts homeowners in that 7-to-10-year time frame.

The News4JAX I-TEAM receives complaints regularly about construction defects in newer-built homes. Most recently, we heard from a Middleburg homeowner dealing with mold, humidity, and improper ventilation issues.

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“It’s a brand-new house. It’s unacceptable,” homeowner Erin LePage said last year. “If we could have been here for our walkthrough, it would have been different.”

RELATED | ‘It’s unacceptable’: Middleburg homeowner says new build troubled with mold, humidity, ventilation issues

Brian Crevasse, a board-certified construction attorney, said this change will impact hundreds of thousands of people in Florida — if not more.

Senate Bill 360 was signed into law last summer changing the time limit from 10 years to seven years.

Crevasse said this is a real concern because he deals with clients who are often past the seven-year threshold when reporting construction defects.

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“Oftentimes, these defects are actually concealed. And you wouldn’t be able to necessarily see that you have water intrusion, just by taking a walk around the building and looking at it, you would have to actually remove some of the exterior facade to look for the types of issues that we typically see,” Crevasse said.

The new law also changes when the countdown starts for filing claims. Previously, the time frame started when you got possession of your home or when construction was finished.

MORE | Worried about construction fraud? Here are some ways you can protect yourself

“If you are a homeowner or association that was built, you know, seven to 10 years ago, you know, you’re going to want to run out and get counsel as soon as possible to see if there’s a way to file by Monday. And then, for everybody else that may have homes that are four or five, six years old, you know, you’re just going to want to be extremely diligent about pursuing any potential issues that you might see with your home going forward so that you don’t run out of time at that seven years,” Crevasse said.

The new law starts the countdown from the earliest of the following events:

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  • When the building gets a temporary or permanent certificate of occupancy

  • At the completion of the building

  • At the abandonment of construction, even without completion

Copyright 2024 by WJXT News4JAX – All rights reserved.



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