The Haggard Law Firm’s Adam Finkel and Michael Haggard obtained a $6 Million policy limit, pre-suit settlement in a negligent security wrongful death and personal injury case, involving a shooting near a boat dock in the Florida Keys.
On Monday, June 15, 2020, Jose “Pepe” Clemente returned from a hard day’s work at sea onboard a fishing boat that docked in Safe Harbor – a property owned by the Bernstein Trust and operated by Fishbusterz, a local retail fish merchant. As was the custom, Pepe hung around after work to share a few drinks with friends and play dominoes.
That Monday, between 4 and 5:00 p.m., Pepe was hanging out near some lobster traps in the middle of the property, drinking vodka and socializing with other fishermen, including Iliecer “Amarillo” Noa. At one point, two unknown men (not fishermen) approached and yelled towards Amarillo about the whereabouts of another local fisherman. After Amarillo stated that he was unaware of the person’s whereabouts, an argument ensued. Gunshots followed, and Pepe was killed. Amarillo suffered severe injuries, as well, and was represented by The Mustell Law Firm as co-counsel.
The Haggard Law Firm argued that the property lacked reasonable security measures, which allowed the shooters to gain entry to the property. Specifically, the gate was broken, the number of cameras was limited, the property was dark, and there were no guards, despite a history of drug use and vagrancy on the property.
The Bernstein Trust maintained that they had nothing to do with the actual operation of the property and that they trusted their longstanding tenant – Fishbusterz – to operate the property. In the end, despite suggestions that Pepe and Amarillo were intoxicated, and that there had never been a similar prior shooting or murder on the property, both Fisbusterz and the Bernstein Trust tendered their available policy limits for a total of Six Million Dollars: Four Million and Two Million, respectively.
The Haggard Law Firm has represented victims of crime and their families for four decades. Our trial lawyers have obtained more than $500 Million in negligent security cases just like Pepe’s case. To learn more about our negligent security cases click here.
