Congratulations to trial lawyers Michael Haggard and Pedro Echarte for obtaining a $1.5 million wrongful death negligent security case in Miami-Dade County.
Some details of the case have been withheld due to terms of confidentiality. What we can report is that the victim was shot during an attempted armed robbery after leaving an automated teller machine (ATM). The victim was an adult and left behind his elderly mother, who he lived with and was the sole survivor to the claim.
If you or your loved one have been a victim of a crime on a commercial property or at a business, you may have a negligent security case. Contact us at 305.446.5700 or click here
Over the years The Haggard Law Firm has earned more than $500 million in verdicts and settlements in this area of personal injury law practice. Negligent security cases are often referred to our firm by lawyers from around the country. Click to see notable cases
The health and safety of The Haggard Law Firm’s staff and clients is our priority. With that in mind, we are adjusting our normal day-to-day operations. As Managing Partner Michael Haggard discusses in this video, while our staff will not be working in the office in the short term, our service to each and every client will not slow down or change. Our trial lawyers and support team continue to work on every one of our cases. Please do not hesitate to contact our office at 305.446.5700
Haggard Law Firm lawyer Christopher Marlowe, who tried the case, said about the affirmed verdict “this opinion is significant to all personal injury cases where there are allegations of the victim’s use of drugs or other intoxicants. By adopting the well-established evidentiary requirement from a criminal law opinion, the Court made clear that a positive drug test, by itself, is not enough to slander the victim as having been ‘under the influence.’ ”
Synopsis of Case
The victim, Yaimi Machado, was locked out of room 106 of the Chesapeake Motel in Hialeah on April 10, 2016. The victim entered the lobby of the motel in her bra and jeans and asked for room 106 to be opened by the front desk clerk. The clerk instructed the victim to go wait outside the door to room 106. Twenty minutes prior to the victim entering the lobby a man walked in drunk and claimed to be the manager’s son and asked for beer. The front desk clerk sold the man beer despite the motel’s policy only to sell alcohol to guests. The man then asks for a prostitute and the clerk tells the man he needed to find servicewomen outside. The man leaves the lobby and stops at room 104 where a housekeeper is cleaning a room by herself. The man asks the housekeeper for a kiss and then enters room 104 and asks the housekeeper for a second kiss. The housekeeper threatens to call the front desk and the man stands at the door to 104 until he sees the victim walking down the hallway toward him. The door to room 106 was never opened and the last time the victim is seen was walking toward the front entrance in the area where she was brutally murdered by the man.
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).
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.
The Haggard Law Firm’s Michael Haggard and Christopher Marlowe have obtained a $1.75 Million settlement in a case where a father of two was killed by a county bus.
Eric Tenner was happily married to his wife Maria, with whom he had two young boys. On the morning of October 8, 2014, he headed out before work to get in his daily exercise on his bicycle. He was an avid and competitive cyclist, who was wearing all of the recommended safety equipment. Just south of the intersection of SW 124th Street and the US1 Busway in southwest Miami-Dade County, Mr. Tenner was struck from behind by a County bus driven by a Mr. Jose Sequeira. Mr. Tenner died several days later at Kendall Regional Hospital.
“He was an avid and competitive cyclist, who was wearing all of the recommended safety equipment.”
Mr. Sequeira, the bus driver, was arrested for leaving the scene of an accident involving serious bodily injury. The criminal charges were later dropped, as the State of Florida was unable to prove that Mr. Sequeira was aware he had struck a bicyclist.
Tenner with his young sons
Miguel Mora, the driver of the second bus that was behind Mr. Sequeira, pulled over and stopped to assist Mr. Tenner after the accident. He has been driving this particular route for years, and testified that bicyclists and pedestrians are a constant presence there. He acknowledged that bus drivers are specifically trained to expect the unexpected and that when he is driving, it is on “pins and needles” because as professional bus drivers, they are held to a higher standard. He further opined that “they’re constantly getting hit. There’s a lot of accidents on the Busway.”
Throughout the discovery phase, the county correctly identified signage indicating that the Busway was for use of emergency and transit vehicles only. At trial, the main contested issue would have been whether Mr. Sequeira should have reasonably anticipated, seen and reacted to a bicyclist such as Mr. Tenner on the busway at that time of the morning when the sun had not yet risen.
Though the parties were initially excused from the mediation requirement because the Estate would not have accepted the sovereign immunity limits voluntarily, as the case progressed, both sides began discussing whether a negotiated settlement reflecting the strengths and weaknesses of both sides could be obtained. Dr. Fred Raffa, an economist and expert witness on economic damages, gave his deposition on May 16, 2017. He had voluminous materials to review in order to render his opinion regarding the total economic loss of the Tenner Estate.
His review included tax returns from Mr. Tenner’s longstanding employment with one company, as well as the Tenner’s side work in the insurance field. Ultimately, it was determined that the Estate had suffered past and future economic losses in excess of $3,500,000. This number was not contested by a defense expert, and these damages do not include the pain and suffering claims of Maria or of either of their two surviving sons.
If a jury were to have agreed with the two eyewitnesses on board the buses, that Mr. Sequeira should have seen Mr. Tenner, as they did, from a great distance prior to the accident, a verdict would have greatly exceeded the negotiated settlement achieved at the voluntary mediation on June 14, 2017.
Miami Dade County agreed to a claims bill in the amount of $1,450,000 above the $300,000 cap payable pursuant to the sovereign immunity statute, and Governor Ron DeSantis ultimately signed H.B. 6513 into law on May 23, 2019.
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.
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.
Ft. Lauderdale, Fla – Following a four-day trial, that included only two hours of deliberation, a Broward County jury has awarded $24.5 million to the family of a mother of four children who died due to avoidable complications during childbirth caused by a condition the medical team was aware of before the surgery.
Litigation and trial team including Haggard Law’s Todd Michaels on the left standing with Rodolfo Torres to his right.
On July 21, 2015 Lilia Torres arrived at Premiere Perinatal Associates for a scheduled C-section which was delayed until the 22nd. During the procedure, she suffered massive blood loss due to a condition, placenta previa, which had been diagnosed months earlier and was managed throughout the pregnancy. A hysterectomy was performed due to the massive blood loss.
The baby was delivered on July 22, but Lilia went into cardiac and pulmonary shock with severe hypoxia due to the blood loss. She was placed on a vent and began receiving blood cells and plasma. She returned to the operating room for exploratory surgery and passed away on July 22nd, 2015 resulting from the hemorrhagic shock and multi-organ failure.
Lilia Torres
She left behind her husband Rodolfo and four minor children, three girls and one boy. Lilia was the caretaker of her entire family.
The defendants in the case included: Adolfo Gonzalez-Garcia, M.D., Jerry Gilles, M.D., Jorge Gallo, M.D., Julio Coello, M.D., Kei Nakanishi, M.D., Phoenix Obstetrics Gynecology, Llc, Emcare, Inc., Premiere Perinatal Associates, P.A. and Envision Healthcare Corporation.
Miami, FL – Late Thursday, following a four-day trial, a federal court jury in Miami delivered a $4.8 million verdict against Royal Caribbean Cruise Lines in the death of passenger Richard Puchalski.
A cruise to Alaska in July of 2016 is how the Puchalski family chose to enjoy the 70th birthday of its patriarch Richard. But that celebration vacation aboard RCCL’s Explorer of The Seas turned into a traumatic tragedy when Puchalski suffered a massive cardiac arrest.
Michael Haggard and Todd Michaels of The Haggard Law Firm in Coral Gables and co-counsel Phil Parrish, argued to the jury that the massive cardiac event was the direct result of decisions made by RCCL‘s shipboard doctor, Dr. Amanda Sanders. Puchalski went to the ship’s infirmary in the midst of a serious but treatable cardiac incident.
