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Fort Lauderdale, FL 33301

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Settlement in Condo Assault Negligent Security Case

During the evening hours of February 26, 2017, Denis Duddy was inside his condo in a Boca Raton Florida high-rise condominium complex when someone broke in an attacked him. Through the litigation of this negligent security case, trial lawyers Pedro Echarte and Michael Haggard of The Haggard Law Firm, and co-counsel Michael J. Brevda learned that if proper security steps been taken at the complex, the attack could have been prevented.

The attacker was a young naked man, who was under the influence of LSD, who gained access to the condominium, proceeded to walk through the parking areas, lobby, and other common areas, until he gained access to Duddy’s unit.  The assailant proceeded to bang on the door until he broke it down and attacked the Plaintiff.  Duddy and assailant (who were previously unknown to each other) continued to fight until the assailant eventually calmed down.  The assailant was arrested shortly thereafter by responding law enforcement personnel.  Duddy suffered injuries to his neck and lower back resulting in two surgeries (including one fusion).

Click here to contact Michael Haggard

Click here to contact Pedro Echarte

Image of the assailant from condominium (Defendant’s) security video

The primary defense in this matter was that there was no prior crime at the condominium and that the area in which it was located (South Boca Raton) was safe.  However, the Haggard Law attorneys and co-counselor Brevda argued that the security guard on duty at the time of the incident (who was employed by Defendant D & D Professional Security) failed to timely detect the assailant and failed to properly respond to his presence at the condominium, which led to the Plaintiff’s attack. The case against D&D Professional Security settled for $825,000.

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$1 Million Settlement in Negligent Security Case

The Haggard Law Firm’s Douglas McCarron has obtained a $1 Million settlement for a gunshot victim who was rendered a paraplegic.

It was September 1, 2016 when the victim in this case, 37-year-old Twyaun Jones, was relaxing outside of his Miami-Dade apartment home after a long day of work as a tire technician.

As he was walking back inside to his apartment, an individual came from behind and shot him.

A day earlier the victim had told a known drug dealer to stop conducting business on the property of the apartment complex. Attorney McCarron uncovered evidence (police reports & calls of service) highlighting that the property had a continuous problem with drugs. Multiple police reports described the apartment complex as a “high crime and drug-prone” property. The managers of the property did not provide an adequate amount of security to prevent a tragedy like this one from occurring.

The case was settled for policy limits.

Haggard Law Firm trial lawyer Douglas McCarron

$1.69 Million Settlement in Double Murder Negligent Security Case

Haggard Law Firm trial lawyer Christopher Marlowe obtained a $1.69 million settlement in a negligent security case involving the murder of two cousins.

Ken Jean and Bensen Cineas lived on Florida’s southwest coast.  They were traveling to an immigration appointment in Miami with a friend late at night, before arriving at a relative’s apartment in North Miami around 3 am.  On January 31, 2016, around 4 pm, the cousins were found dead in the front seat of a car. They were found shot in the back of the head, with bullet casings in the back of the car. It is believed that they were dead for approximately twelve hours.  Their friend was nowhere to be found. 

Haggard Law Firm’s Christopher Marlowe

The apartment complex owned by the defendant, RYAN 15401 6 AVE LLC, had 24-hour security, including a roving patrol.  Attorney Marlowe learned during case discovery that the security booth was unmanned for the shift before, during and after the shooting occurred.  Security guards testified that they had not been paid regularly for more than a year, and it was common for guards to skip their shifts.  Additionally, when the front gate was without a guard, the protocol was to leave the gate open.  The gate dedicated for resident use was always broken, so the property was often completely unsecured.  No motive was determined for why the victims were shot, or definitively by who.

The Haggard Law Firm has litigated hundreds of negligent security cases for more than two decades obtaining more than $300 million in verdicts and settlements in these cases for our clients.

Contact The Haggard Law Firm for a free consultation

Email Christopher Marlowe

$2 Million Negligent Security Settlement Involving Victim who was Stabbed 12 Times

$2 Million Settlement in Negligent Security Case Involving Apartment Complex that Didn’t Remove Problem Resident Before He Stabbed Plaintiff 12 Times

Pompano Beach, FL – Patricia Norris never knew the danger she entered when she moved to the Palm Aire Gardens Apartments in late 2016.  For nearly ten months the manager of the complex had received complaints from multiple young female residents that a resident named Charles Gipson was threatening, harassing, and stalking them. One resident even took out a restraining order against him. Despite the warnings, neither the Palm Aire Gardens Condominium Association nor property managers (First Service Residential Florida) took any steps to keep residents safe from Gipson.

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PRESS CONFERENCE: Teenage Victims of Sex Assault By Teacher Suing School Board

Mothers of Victims to Discuss New Lawsuits Against Miami -Dade County School Board On Behalf of Teenagers Sexually Assaulted By Middle School Teacher

This is the first time these mothers have spoken out.

Miami, FL – A lawsuit was recently filed against the School Board of Miami-Dade County on behalf of a teenage female victim (Jane Doe) who was sexually assaulted by former Brownsville Middle School physical education teacher Wendell Nibbs.

Beginning in her 6th grade school year and continuing through the end of her 8th grade school year at Brownsville Middle (2013 through 2016), Nibbs sexually harassed, sexually assaulted and raped Jane Doe. The assaults and rape occurred on school premises. Nibbs also sent Jane Doe sexually explicit photographs of himself.

The mother of Jane Doe will be joined by the mother of Jan Doe at a press conference to be held Monday January 7, 2019 outside of the Miami-Dade County School Building in downtown Miami.

In 2016, while in 8th grade, Jan Doe was sexually harassed, assaulted and discriminated against (on the basis of her sexual orientation) by Nibbs on school property. Jan Doe’s lawsuit will be filed later this month.

Pedro Echarte of The Haggard Law Firm and Aaron A. Karger of the Law Offices of Aaron A. Karger represent the victims and say they will also file a third case against the School Board on behalf of another victim.  The attorneys say the school and School Board were well aware of Nibbs’ inappropriate and illegal behavior, as well as the risk he posed to young female students, and did nothing about it. The attorneys believe there may be other victims, suffering in shame and silence.

Between 2004 and 2016, Nibbs had been accused by at least six different female middle school students of making inappropriate sexual comments, engaging in inappropriate physical contact of a sexual nature, and sending or showing them sexually explicit photographs. Despite these separate accusations Nibbs was permitted to remain at Brownsville Middle as a teacher.

PRESS CONFERENCE DETAILS

*The mothers of both victims are requesting that their faces and distinguishing marks do not appear on camera.

Date: Monday, January 7, 2019

Press Conference start: Noon

Location: Outside the Miami-Dade County School Board Building- Downtown, 1450 NE 2nd Ave, Miami, FL 33132

Press Conference Speakers:

  • Mother of Jane Doe
  • Mother of Jan Doe
  • Pedro Echarte, The Haggard Law Firm
  • Aaron A. Karger, Law Offices of Aaron A. Karger

 CONTACT: J.P. HERVIS, 305.321.4293, JP@BrandstoryCommunications.com

REPORT: Code Red Confusion By School Employees on Day of Mass Shooting

According to a report by the South Florida Sun-Sentinel, employees at Marjory Stoneman Douglas High School were “tragically unprepared” to best protect students on the day of the mass shooting that killed 17 people and injured 17 others. The newspapers reports that the lack of preparation was due to “inadequate training and unclear procedures in the school district.”

The lack of a coherent, uniform policy is one of the major failures identified by a state commission investigating the Feb. 14 massacre.

The paper learned that district officials were unsure as to whether a “Code Red” meant an “active killer”. It does not.

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Security Professionals To Learn From Haggard Law Attorneys

The more than 22,000 security professionals from around the world attending this year’s American Society For Industrial Security (ASIS) Conference will have three opportunities to learn how to avoid finding themselves on the wrong end of a negligent security lawsuit.

The Haggard Law Firm’s Michael Haggard and Todd Michaels are leading three different seminars/presentations during the 4-day conference in Las Vegas.

On Monday, September 24th, Haggard and Michaels will present “The Nightmare that Won’t End: A Negligent Security Mock Trial.

Tuesday, September 25th, Haggard will lead the seminar “Security Protocols and Procedures: Tips on How to Avoid Losses in the Courtroom.” Later that day Haggard joins Michaels in presenting “Top 10 Tips to Prevent a Negligent Security Lawsuit on Your Property.” The ASIS conference is the largest gathering of security professionals in the world.

ASIS/GSX International was founded in 1955 as a global community of security professionals and practitioners. It attracts members from almost every industry in the private and public sectors. The security conference is expected to address the comprehensive and diverse nature of modern security while creating an integrated experience for security professionals that will help them understand and alter the industry landscape where necessary.

Click to read Michael Haggard’s Bio

Click to read Todd Michaels’ Bio

VIDEO: Michael Haggard discusses how negligent security civil action can spark change to help improve safety in most areas of society.

 

 

Nearly $1.2 Million Verdict For Man Beat & Shot at Popular Restaurant

(Pictured Above from Left to Right, Following Thursday’s Verdict: Haggard Law’s Todd Michaels, Champion Legal’s Dan Karanikis, Client Nick Pastor, co-counsel Robert Solomon of Saban and Solomon, Haggard Law’s James Blecke)

Broward County Jury Blames Longtime Las Olas Hotspot for Shooting and Beating of Patron, Orders Business to Pay Victim Nearly $1.2 Million

 

Ft. Lauderdale, FL – Following a 9 day trial, a Broward County jury agreed that management of longtime Las Olas hotspot Mangos could have prevented the beating and shooting of a man if it had adequate security measures in place. The victim (plaintiff) Nicolas Pastor, was awarded $1.182 Million for the injuries he says altered the course of his life.

The incident occurred March 24, 2012.  Pastor was alongside a couple of friends waiting for a table at Mangos in Ft. Lauderdale. The manager of Mangos told the police that night that Pastor was aggressively grabbed by a man inside the restaurant who began viciously beating him along with two other men.

March 24th, 2012 – The scene outside of Mangos Restaurant and Lounge following the beating and shooting of Nick Pastor.

“Mangos had no security and no security procedures to deal with this fight.  According to their manager, their only concern was pushing their customer who had been attacked out into the street with his attackers,”  says Todd Michaels of The Haggard Law Firm.

Michaels tried and built the case with co-counsel Robert Solomon of Saban and Solomon.

Once the fight was in the street, one of the assailants pulled out a pistol and shot Pastor. The then 32-year-old man was rushed to Broward General Hospital where doctors completed emergency lifesaving procedures including an exploratory laparotomy and a thoracotomy. During the trial, Michaels and Solomon made clear that six years later the attack on their client shattered his life-limiting his ability to work, to sleeping, and restricting his ability to play with his son.

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Common Conditions that Give Rise to a Premises Liability Case

On August 16th, 2018 The Haggard Law Firm will present Winning Case Strategies in Premises Liability, a FREE CLE Credit Seminar. The event will take place from 1 to 5pm at the Doubletree Jacksonville Riverfront. To RSVP for the seminar, email or call Stacy at slaffere@haggardlawfirm.com   305.446.5700 

This article about premises liability cases was authored by trial lawyer and Haggard Law partner Douglas McCarron who will be one of the presenters at the CLE Seminar

Common Conditions that Give Rise to a Premises Liability Case

by Douglas Mccarron

In my experience, the most common condition in any premises liability case is the lack of guardianship of the property.  In most instances, the property owner and/or manager fails to put in place policies and procedures that ensure that the premises is kept in a reasonably safe condition.  For example, in many negligent security cases it becomes obvious that the owner and management fail to do anything that assesses violent crime occurring at the property.  Without knowing what type of crime is happening, it is nearly impossible to know what type of security measures are needed.  How can the owner make decisions about access control, manned security, and surveillance cameras, if they have failed to gather the crime statistics for the property and the surrounding area?  The answer is simple, they do not know and consequently violent crime continues to victimize the property’s guests and invitees.  In slip and fall cases, many properties fail to ensure that their employees follow the internal policies and procedures to maintain the property in a safe manner.  This leads to dangerous conditions being left on the property for an unacceptable amount of time. 

If property owners simply prepare policies and procedures for their employees to follow and have appropriate supervision to ensure that the policies and procedures are being followed, then the most dangerous conditions would cease to exist.  Obviously, financial considerations come into play for the property owners.  In developing a premises liability case, it is important to discover exactly what property owners are failing to do and why they are failing to do it.  Jurors do not appreciate property owners turning a blind eye and pleading ignorance.  Jurors also do not accept that the owners do not want to put the necessary resources (money) into the property to make it safe.

 

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“No Excuses from Boat Operators”, Reaction to Duck Boat Tragedy

A duck boat with 31 people on board capsized and sank to the bottom of Table Rock Lake in Missouri during a severe thunderstorm on Thursday, resulting in one of the deadliest boat accidents in American history. There were official weather warnings before the operators of this boat took it onto the lake with the lives they were responsible for. The Associated Press reports that “a private inspector said ….that he warned the company operating duck boats…about design flaws putting the watercraft at greater risk of sinking, less than a year before the accident.”

Tia Coleman lost 10 of her loved ones in that tragedy, including three children, her husband and five other members of her family.

Michael Haggard, the Managing Partner of the Haggard Law Firm says his law firm prays for the families that have suffered so much from the tragedy.

He added, “It is unfathomable that a maritime commercial operator can claim that severe thunderstorms, extremely high winds, and unsafe water conditions can come out of nowhere. With today’s GPS and Radar technology, this is simply not the case. This vessel should have never been allowed to go on this trip.” The Duck Boat operators, like any business owners, are responosible for the safety of their customers/guests. The Haggard Law FIrm has an extensive history of successfully litigating cases where business owners do not take every needed step to keep customer safe as well as maritime and drowning cases.

“This is was an absolutely preventable tragedy that one can only hope changes the standards, oversite and design of this or any other type of similar vessel.

to read full article from Associated Press, click here

CONTACT HAGGARD LAW: CLICK HERE  or call 305.446.5700