Press Conference: Mother of 12-Year-Old Who Was Kidnapped & Murdered Files Neglient Security Lawsuit

Press Conference Scheduled 12/18/18

Mother of a 12 Year Old Murdered By a Convicted Sex Offender Says Owners/Managers of an Apartment Complex Could Have Prevented the Tragedy

Pensacola, FL – Shantara Hurry, the mother of 12-year-old Naomi Jones, who police say was murdered by convicted sex offender Robert Howard in 2017, is filing a negligent security lawsuit against those responsible for the apartment complex where her daughter was kidnapped.

Jones went missing from her apartment located at 1460 E. Johnson Avenue in Pensacola, Florida on May 31, 2017. The disappearance captivated and mobilized the community to find Naomi. Her remains were eventually found in an Escambia County creek on June 5. Two days later, Howard was arrested and charged with the kidnapping and murder. The 39-year-old convicted sex offender lived in the same complex as the 12-year-old girl and her family.

The lawsuit against the owners of that apartment complex, Aspen Village Acquisition, and the management company, Progressive Management of America, highlights that the two companies should have known or knew that they were allowing a convicted sex offender, Howard, to live in the complex.  The lawsuit  adds that apartment ownership and management “breached its duty of reasonable care by permitting an unregistered sex offender to reside upon the Premises, thus allowing the offender continual, unfettered access to young children and others upon whom persons with his predilections are known to prey.”

The Haggard Law Firm is representing Jones’ mother in the case. Trial lawyer Christopher Marlowe (email CLM@HaggardLawFirm.com) says for the family the press conference and lawsuit is about holding everyone accountable for this tragic loss and preventing it from happening again.

“Ms. Hurry wants to bring attention to this civil action (lawsuit) in hopes that it will motivate all apartment complex owners and managers to exercise actionable, logical and moral care by never allowing offenders to live in their property, giving them access to children,” says Marlowe.

 

Press/Media Conference Details

  • 11 AM on Tuesday, December 18th, 2018
  •  820 North 12th Avenue Pensacola FL 32501 (Law Office of Samuel Bearman)
  • Speaking:  Shantara Hurry, Naomi Jones’ mother,  Christopher Marlowe, The Haggard Law Firm, Trial Lawyer
  • News Media contact: J.P. Hervis, Brandstory Communications, JP@BrandstoryCommunications.com

$2 Million Settlement in Child Sexual Assault Case

Owners of a Key West apartment complex have agreed to pay $2 Million to the family of a minor who was sexually assaulted multiple times by a de facto employee.
The minor child victim was living with his family in a rental apartment in Key West. Over a period of several months, the child was subjected to multiple sexual assaults and batteries at the hands of the de facto property manager while on the premises. The abuse was discovered by the child’s mother, who promptly reported the matter to the police. The criminal offender died before the criminal case was completed and before the suit was filed in the civil matter.
The apartment complex denied that the offender was an employee of the owner, or that he had the level of access to the child’s apartment that the plaintiff claimed in this case. Haggard Law Firm attorneys Christopher MarloweMichael Haggard and co-counsel Chelsie M. Lamie represented the family of the victim. Their investigation revealed that the offender executed many of the duties of a property manager and received a discount on his rent from the owners for the work done.
Several witnesses indicated that the offender had acted inappropriately over the years, albeit not as severely as in this case. The offender was a convicted felon who had no record of convictions for any prior similar crime, but whose qualifications for the job were suspect on multiple levels.
The child victim was an extraordinarily brave and credible young person who wanted to send a message to other property owners to act responsibly so no other children are victimized.

 

 

 

Press Conference Discussing Legal Action Against Florida City in Police Shooting Death

 

 

On May 30, 2018, 23 year old Juvon Simon was shot twice through the closed door of a neighbor’s apartment by Florida City Police Officer Frantz Hardy. Simon died as a result of his injuries. The Haggard Law Firm has joined with the Law Firm of Asnis, Srebnick & Kaufman to represent the Simon family. We have jointly filed, on behalf of Simon’s mother, a lawsuit against the Miami-Dade County State Attorney’s office and The City of Florida City.

The intention of the legal filing (a pure bill of discovery) is to make sure the family has access to all evidence that materializes as part of the criminal investigation into the shooting. The family also wants to ensure that the investigation is conducted in a timely manner.

On Wednesday October 31, 2018 at 11 AM, the Simon family will hold a press conference outside of Florida City Hall to discuss the legal filing.

During the press conference family members will be joined by The Haggard Law Firm’s Christopher Marlowe and Dan Kaufman of Asnis, Srebnick & Kaufman to discuss a variety of topics including:

  • Contrary to published reports, their son DID NOT have a weapon on his person when he was killed
  • Multiple witnesses report seeing officer Hardy enter the active crime scene with a duffel bag.
  • Officer Hardy shot Simon through a door.
  • Florida City Police refuse to share with the family the officer’s file or details of any internal affairs investigation.

If you are a member of the media interested in attending or learning more, please contact J.P. HERVIS, Senior Publicist, Brandstory Communications 561.995.6560, JP@BrandstoryCommunications.com

 

Safety Steps Property Managers & HOAs Should Take This Halloween

By Christopher Marlowe, trial lawyer, The Haggard Law Firm

Halloween is one of the more interesting celebrations in the United States and throughout much of the world.  For a few hours one night of the year, generally beginning at dusk, children of all ages transform into their favorite ghoul, villain, superhero, princess or idol.  They have a license to collect as much candy as the human body could possibly consume in a dizzyingly short period, and will likely go to bed sated on a meal fit for only Willy Wonka.

Continue reading “Safety Steps Property Managers & HOAs Should Take This Halloween”

CASE RESULT: $1 Million Settlement in Apartment Complex Negligent Security Case

Haggard Law Firm trial lawyer Pedro Echarte has finalized the terms of a $1 million settlement in a negligent security/wrongful death case where the victim was the father of five.

Haggard Law represented the plaintiff’s decedent who was murdered in an attempted armed robbery while speaking on the phone outside of his apartment complex in Pompano Beach, Florida on January 31 of 2017.  Liability centered around the apartment complex’s lack of security measures at the apartment (including, but not limited to, inadequate lighting, lack of surveillance cameras, and lack of access control) despite a history of crime in the surrounding neighborhood.  Plaintiff’s decedent left one surviving son here in the United States and a surviving widow in Honduras along with five surviving daughters. The defendant settled for policy limits.

Continue reading “CASE RESULT: $1 Million Settlement in Apartment Complex Negligent Security Case”

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.

Continue reading “Nearly $1.2 Million Verdict For Man Beat & Shot at Popular Restaurant”

FL Supreme Court: Release School Shooting Surveillance Video

According to various news reports,  the Florida Supreme Court ordered the release of exterior surveillance video showing law enforcement’s response to the mass school shooting at Marjory Stoneman Douglas High School in Parkland.  The Associated Press reports that the Broward County school board aimed to “block disclosure of the video as sought by media organizations…the school board contended releasing the video might reveal security blind spots at the school.” State Prosecutors were also against the video’s release because it could be evidence in the case against the accused shooter.

On February 14th, 2018, police say 19-year-old Nicholas Cruz entered the high school and began his armed rampage that would steal the lives of 17 people and injure nearly 20 more.

“We applaud the Court’s decision to release the unseen video to the public,” says trial lawyer Todd Michaels of The Haggard Law Firm.  Haggard Law represents the family of 17-year-old Joaquin Oliver and the family of coach and teacher Scott Beigel who were both were killed during the shooting, as well as teacher Stacey Lippel, who was injured. Michaels says the focus of these families is to help make a change to prevent a tragedy like this and the school shootings of the past to happen again.

Michaels adds, “The release of this video and all other information about the mass shooting at Marjorie Stoneman Douglas High School on February 14th can only help in figuring out different ways to prevent this scale of tragedy from happening again. For security experts, every detail is crucial in developing plans of action and new operational procedures. The detail can even help in the selection of the best modern security equipment.”

It is unclear when the video will be released.

 

Pictured: (Left to Right)
Haggard Law Trial Lawyers Todd Michael and Michael Haggard and the parents of 17 year old Parkland shooting victim Joaquin Oliver, his father Manuel and mother Patricia Oliver.

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.

 

Continue reading “Common Conditions that Give Rise to a Premises Liability Case”

“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