The Haggard Law Firm’s Michael Haggard and Kimberly Wald, along with co-counsel Joe Slama and Justin Bailey of Krupnick Campbell Malone, and attorney John Mooney, have obtained a $2 Million settlement in a personal injury negligent security case involving an injured pizza delivery driver.
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and Michael Haggard
On May 15th, 2019 David Orcutt, a delivery driver for Pizza Hut, was delivering an order to the Tallman Pines apartment complex (700 NE 41st St, Lighthouse Point, FL) in Broward County, Florida. While simply doing his job to help support his young daughter, he was shot in the leg by a group of juveniles loitering inside the complex. The bullet partially severed a nerve in Mr. Orcutt’s left leg.
“While the defense argued there was no prior history of shootings or violent crimes in or around the complex, we established the complex had a documented history of issues with juveniles trespassing and causing problems. There were no less than 10 documented incidents involving juveniles on the property in the two years leading up to the shooting” said Slama.
The Tallman Pines Apartment’s management company had hired a courtesy staffing company to provide security for the premises. The company was unlicensed.
On the night Orcutt was shot, the courtesy officer showed up 45 minutes late for work. Further investigation revealed reports that on the date of the shooting, the security guard had only checked on two buildings and hadn’t completed a single round of the property in over an hour.
This guard had a history of dereliction of duty and the management company rubber-stamped all of his reports without attempting to correct the situation.
“The courtesy officer could have prevented the attack on Orcutt. Had he been doing his rounds he would have seen a group of juveniles lurking on the property and would have enforced curfew and made sure this tragedy was prevented.”
Kimberly Wald, The Haggard Law Firm
Despite sustaining a gunshot wound, Mr. Orcutt’s medical bills totaled only $17,000.00. Mr. Orcutt’s treating physicians also ruled out any extensive future medical care.
“This was not a case where our client had six figures in medical bills or expensive procedures on the horizon. This forced us to approach damages at a more micro level. We focused on conveying every way the shooting would impact our client—both physically and financially—on a daily basis. This approach resonated with the carrier” said Bailey.
As a result of this shooting, Orcutt continues to suffer significant pain and trauma to his leg.
