$10.1 Million Settlement in Negligent Security Case Brought by 22 year old Father Paralyzed in Shooting
Miami, FL – The homeowners association, property manager, and other related entities at a Miami townhome community have agreed to pay more than $10 million dollars to 22-year-old Bryan Perez and his infant son to settle a negligent security lawsuit.
On August 18th 2014, in an attempted armed home invasion robbery, Perez was shot 6 times in his family’s rental unit at the Carmel Lakes townhome community, which is located at 20761 NE 4th Place Miami, Florida 33179. As a result of the crime, Perez was rendered an incomplete paraplegic. Perez had recently moved to the complex with his family and was unaware of its history of crime, which consisted of numerous burglaries and armed robberies. The Haggard Law Firm’s Pedro Echarte who litigated the case says “the community’s security measures were entirely inadequate to protect its residents and tenants.”
On the night of the incident, Perez was on his porch with a friend when three gunmen approached and asked for a safe that was in the home. Perez and his family were the victims of a burglary at the same unit a few months before the subject shooting, had purchased a safe to store their valuables as a result, and the box for that safe was on the porch at the time of the shooting. While demanding Perez and his guest enter the home, Perez attempted to close a sliding glass door in an effort to protect his family, including his then-pregnant girlfriend, mother, and little sister who were all inside the home at the time of the incident. The gunmen proceeded to start shooting through the glass door, hitting Perez multiple times.
Echarte says the evidence against those responsible for needed security at Carmel Lakes was overwhelming, including:
- Their knowledge of three prior armed robberies, including the savage beating of the husband of one of the homeowners association’s board members
- Their knowledge of several burglaries within the community in the years leading up to the subject incident
- Testimony of community board members who expressed that themselves were concerned about rampant crime and concessions that security measures in place at the complex were inadequate in light of the prior crime
- Lack of action taken by ownership and management to improve security, despite a previous negligent security lawsuit brought forth on behalf of a former resident robbed at gunpoint.
The settlement with Carmel Lakes Property Owners Association, Carmel Lakes Condominium No. 9 Association, Phoenix Management Services and WLV Assets includes $10.1 million to Perez and a confidential amount to his now 2-year-old son.
Echarte says the Defendants could have prevented this tragedy that has changed the lives of this young family: “Bryan’s son will never know his father as he was prior to these catastrophic injuries in-part due to the negligence of the defenders.”
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