The Haggard Law Firm’s Pedro Echarte has secured a $7 Million settlement in negligent security wrongful death case where the victim was tragically killed during an attempted armed robbery and carjacking.
On September 8, 2021, Luis Calles Cruz was shot and killed at an apartment complex in south Miami-Dade County. That evening he was staying with his girlfriend and the mother of his youngest child, who lived at the apartment complex. Early in that morning, he went to his car to retrieve something. The assailants, who had been on a crime spree in the area, approached him in the parking lot. They shot Calles Cruz while attempting to rob him as he was sitting in his car. He tried to get away but crashed into a nearby dumpster and died from the gunshot wound.
The case was brought against the companies that owned and managed the complex for failing to provide adequate security in light of the existing crime risk. The apartment complex was a new development and had only been operational for approximately 2 years leading up to the Calles Cruz’ murder.
Despite the fact the apartment complex was relatively new, it had been the location of a prior home invasion, an armed robbery, and some car burglaries. Echarte was able to demonstrate the neighborhood surrounding the apartment complex, including other apartment complexes in the area, had high rates of crime that the Defendants knew or should have known about when developing and operating the subject apartment complex. In light of the existing risk, the Plaintiff’s expert opined that the complex should have had access control, surveillance cameras and a roving security patrol during the evening hours in light of the risk.
The case settled just weeks before the special set trial date.