$10.1 Million Settlement in Negligent Security Case Brought by 22 year old Father Paralyzed in Shooting
Miami, FL – The homeowners association, property manager, and other related entities at a Miami townhome community have agreed to pay more than $10 million dollars to 22-year-old Bryan Perez and his infant son to settle a negligent security lawsuit.
On August 18th 2014, in an attempted armed home invasion robbery, Perez was shot 6 times in his family’s rental unit at the Carmel Lakes townhome community, which is located at 20761 NE 4th Place Miami, Florida 33179. As a result of the crime, Perez was rendered an incomplete paraplegic. Perez had recently moved to the complex with his family and was unaware of its history of crime, which consisted of numerous burglaries and armed robberies. The Haggard Law Firm’s Pedro Echarte who litigated the case says “the community’s security measures were entirely inadequate to protect its residents and tenants.”
On the night of the incident, Perez was on his porch with a friend when three gunmen approached and asked for a safe that was in the home. Perez and his family were the victims of a burglary at the same unit a few months before the subject shooting, had purchased a safe to store their valuables as a result, and the box for that safe was on the porch at the time of the shooting. While demanding Perez and his guest enter the home, Perez attempted to close a sliding glass door in an effort to protect his family, including his then-pregnant girlfriend, mother, and little sister who were all inside the home at the time of the incident. The gunmen proceeded to start shooting through the glass door, hitting Perez multiple times.
Echarte says the evidence against those responsible for needed security at Carmel Lakes was overwhelming, including:
In a ceremony to be held on November 5th, The Haggard Law Firm’s Jason Brenner will receive the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Lawyers of South Florida award.
Brenner was nominated by his peers for this honor. This is the second consecutive year a Haggard Law Firm attorney was named to this list. Last year, attorney Pedro Echarte was awarded the same honor.
The gala event recognizing 40 outstanding lawyers of South Florida under the age of 40 and benefiting the Cystic Fibrosis Foundation will be held at Florida International University. For more information on attending the event, please contact:
Stephanie Wilson Development Director – Cystic Fibrosis Foundation 954-739-5006 swilson@cff.org
About the Cystic Fibrosis Foundation
The CF Foundation is the world’s leader in the search for a cure for cystic fibrosis, and nearly every CF-specific drug available today was made possible with our financial support. It is a donor-funded, 501(c)(3) nonprofit that is fully accredited by the Better Business Bureau’s (BBB) Wise Giving Alliance program.
The Daily Business Review has just published an article featuring the recent $1.8 million negligent security case settlement delivered by the Haggard Law Firm.
In the article, Haggard Law attorney Douglas McCarron describes how the inaction by the property owners of a Tampa apartment complex who refused to invest in proper security measures despite pleas from property management, directly contributed to the shooting death of a 23-year-old father of three.
To read the full article click the images below or this link
Del Rio Apartment Complex Owners Ignored Multiple Requests from Staff to Increase Security
Tampa – The companies that once owned the Avesta Del Rio Apartment Complex have agreed to pay the family of 23-year-old murder victim Damian Bowie $1.8 million to settle a negligent security lawsuit. The lawsuit filed by Douglas McCarron of The Haggard Law Firm (www.haggardlawfirm.com) alleged that the deadly 2014 shooting that claimed Bowie’s life could have been prevented if complex ownership took action after multiple requests by staff members to better secure the property.
On March 2, 2014, Bowie visited the Del Rio apartments (5013 E. Sligh Avenue, Tampa) to spend time with friends before going to pick up his son Damian Jr. But, shortly before 4 p.m. that day, the father of three was assaulted, shot and killed on the property.
“Through the course of our investigation, which included testimony by the defendant’s property manager, it was clear that the employees at the property were pleading for more security and consistently telling upper management how people’s lives were are risk. Instead of acting responsibly, the defendant simply turned a blind eye” said McCarron.
The lawsuit against 5013 Sligh LLC and Avesta Homes on behalf of the victim’s mother and his three children Damian Jr. (5), Damion (3) and Sincere (2 – born two months after his father was killed), alleged the property’s owners knew the area and property were considered high crime areas. McCarron adds, “unfortunately their inaction allowed this tragedy to occur and now three young boys will never see their father again.”
The lawsuit highlights:
Testimony from a property manager and documented crime statistics that confirm the complex and area that surrounds is a high crime area.
An email sent by Kerrie Richardson, property manager of the complex at the time of the shooting, to the Hillsborough County Sheriff’s Department requesting an off duty police officer (sent six months before the murder) because of the amount of crime
An email from Richardson to corporate for directions on what to do with a tenant that asked for termination of their lease after they were robbed at gunpoint and had their car broken into in just three months.
A request by Richardson to property owners asking for expanded security for daytime hours. Bowie was murdered at 4 p.m.
The victim’s family members hope new attention on this case will help police. No one has been charged in the crime.
It should be noted that the defendants in this case currently do NOT own the Avesta Del Rio Complex.
This week, The Haggard Law Firm’s Todd Michaels will deliver two presentations about negligent security litigation during the 62nd Annual ASIS International Conference in Orlando.
ASIS International is a global community of security practitioners, each of whom has a role in the protection of assets – people, property, and/or information. The conference is the organization’s largest event of the year. More than 20,000 security professionals from around the globe are expected to attend.
The presentations are titled How to Avoid a Million Dollar Verdict Against Your Business and Duty and Consequence.
ASIS members represent virtually every industry in the public and private sectors, and organizations of all sizes. From entry-level managers to CSOs to CEOs, from security veterans to consultants and those transitioning from law enforcement or the military, the ASIS community is global and diverse. More than 20,000 industry professionals are expected to attend the conference.
The Haggard Law Firm has litigated more than 155 negligent security cases since 2007, delivering more than $345 million in verdicts and settlements in those cases.
The Association for Safe International Travel reports that 37,000 people die in car accidents per year in the United States while another 2.35 million are injured or disabled. An estimated 180,000 people are driving for Uber. That number continues to grow. So with this kind of volume and activity it is inevitable that the number of accidents involving this driving service will rise.
So if a personal injury attorney’s client was injured in a crash involving Uber, what should the lawyer consider when litigating that case?
That is the topic of discussion that will be lead by Haggard Law attorneys Jason Brenner and Todd Michaels during this month’s Florida Justice Association Masters of Justice CLE program.
Uber Duber Do…Your Client Was in an Accident with Uber, Now What Do You Do? is one of the sessions that will be offered to attendees of the program as part of the Auto Negligence Seminar to be conducted on Wednesday, September 28th. There are a few more spots available for this seminar. To learn more about it and register click here. The FJA Masters of Justice Program will be held in Orlando from September 28th through the 30th.
Attending this year’s FJA Masters of Justice program is a great way to renew the excitement and focus on your mission as a personal injury attorney. Make plans NOW to register to attend to ensure you have the strategies and techniques in your toolbox that have proven to work for other attorneys in civil litigation cases. You’ll be sure to take away valuable information and innovative ideas that can immediately aid you in your efforts to assist your clients in their cases.
The Haggard Law Firm’s Douglas McCarron will be a feature presenter during The 2016 National Crime Victim Bar Association’s National Conference. The Conference will be held in Philadelphia on September 19-21 in conjunction with the National Center for Victims of Crime’s 2016 National Training Institute. The Institute brings up to 1,001 civil attorneys, victim advocates, criminal justice professionals and law enforcement officers to share their knowledge and experience across disciplines.
The training institute emphasizes a multidisciplinary approach to sharing promising practices, current research, and effective programs and policies that are victim-centered, practice-based, and research-informed. The Institute’s forum allows for law enforcement, victim service professionals, allied practitioners, policymakers, and researchers to share current developments and build new collaborations.
McCarron’s presentation: Negligent Security Case Gameplan: “Blocking & Tackling Fundamentals Mixed with Razzle Dazzle.”
This highly demonstrative and interactive presentation will highlight what every Victim’s lawyers must know presenting their Negligent Security case. In addition, with using the results of over 30 Negligent Security case verdicts and one hundred Mock trials, the presentation will cover “ Cutting Edge Strategies” that the Defense never see coming.
Since 2007, The Haggard Law Firm has litigated more than 150 negligent security/premises liability cases which have resulted in more than $350,000,000 in verdicts and settlements to our clients in those cases.
Haggard Law Attorney Christopher Marlowe was interviewed and quoted in a just-released Bloomberg Businessweek article highlighting how Walmart’s cost-cutting measures may be directly related to an increased rate of crime at its stores nationwide. From rape to shoplifting, to kidnapping and murder, the article lays out how police are trying to corral the rampant crime in many of the nation’s number one retailer’s locations. A recent example in the last few weeks, police in Buffalo found a meth lab operating underground of a local Walmart store.
Marlowe fought Walmart for several years in a lawsuit he filed in 2010 on behalf of a woman who was abducted outside a store in DeFuniak Springs, Florida, and repeatedly raped. Marlowe discussed how Walmart made every legal maneuver to avoid releasing its in-house crime statistics.
From the article, Walmart’s Out-of-Control Crime Problem Is Driving Police Crazy By Shannon Pettypiece and David Voreacos:
Walmart’s lawyers typically argue that the company couldn’t have foreseen the crime in question and that it took reasonable steps to keep customers safe. It tries at every opportunity to keep its crime database secret. Even in litigation, when it must produce company records under court seal, its lawyers have wrangled for months or even years to limit access to its records, arguing the information is proprietary. “Nothing compares to the way Walmart litigates cases,” says attorney Christopher Marlowe. He fought Walmart for several years over a lawsuit he filed in 2010 on behalf of a woman who was abducted outside a store in DeFuniak Springs, Fla., and repeatedly raped. Marlowe said in a court filing that he learned only in 2013 of the database, which documented “precisely the sort of incidents” he sought for more than two years. Walmart’s lawyer, he said, “led everyone to believe that crime data retrieval was a great mystery—a query of inconceivable proportions.” Walmart denied liability in the case. The company eventually settled for an undisclosed sum.
Preparing to exceed the burden of proof and maximizing damages begins at client signup. The defense counsel has a head start. From the moment of loss, the defendant has secured or destroyed evidence, interviewed witnesses, researched the client, developed theories of defense, comparative fault, and otherwise played five or six key chess moves before plaintiff counsel even knew they were in the game.
Assuming the defendant is tireless and meticulous in its work is the only safe and essential assumption plaintiff counsel should make when preparing a case. Regardless of the cause of action, assume that the plaintiff and every friendly known witness has a history that, if known, will adversely affect the ultimate outcome. Until proven otherwise through the use of public records and interviews, all of which should occur pre-suit outside of formal discovery, remain vigilant in learning everything to know about the client and witnesses that may be called on throughout the litigation. Background checks, civil, criminal and family court files all will either confirm a cautiously optimistic impression of the plaintiff, or prepare to deal with the collateral—usually irrelevant, but always distracting—attacks upon the person of your client when the time comes. The same exercise is performed upon all anticipated defendants.
This pregame ritual requires an attorney/client relationship that exceeds the formality of the client contract. As advocates, attorneys should remain focused on the end game, but along the way, the attorney-client relationship must be a candidly safe space. Building the trust necessary to avoid surprises down the line involves introducing other staff upon initiation of the attorney-client relationship. My assistant regularly phones witnesses and clients, even when no information is needed and when no deadlines are looming. This process signals to the client the reality that we are working hard for them, and increases the probability that we will learn in advance of any issues that may prove troublesome down the road.
Once in suit, the rules of discovery and formal deadlines begin to take hold of an attorney’s case building efforts, which makes the “informal” pre-suit information gathering process all the more important. As such, guard against rushing into suit. The time to mercilessly press for a special set trial begins after committing to the case armed with all reasonably available information and background materials on everyone involved.
Attorneys know in advance those materials that will be asked of the clients in standard discovery requests, but shouldn’t attorneys have learned as much as possible about the defendant and possible witnesses before filing suit? Filing suit is the moment in which we regain the tactical edge, because together with the complaint, targeted discovery requests based on information and materials we learned pre-suit ensure the defendant is responding to us rather than the other way around. And when the inevitable discovery is propounded upon the client, staff and attorney time is not wasted gathering materials and information that should have been in their possession from the beginning.
Whether an automobile accident, premises liability, medical negligence or product liability case, pre-suit research should inform attorneys of obstacles to success, and tools available to address those challenges as they arise. The internet is a tremendous resource, which should be used to identify the original source materials available for more detailed exploration. For example, in a premises liability case at a shopping mall, an attorney may not have pre-suit access to the leases between the various merchants and the management company or landowner. But if applicable to the facts of the case, the county record department will have any relevant easements pertaining to the property on file, often with supporting materials that one would not expect to find in a clerk’s office, including correspondence between landlords and tenants. In a dram shop case, the state licensing board for alcohol permits will have submissions from the applicant in order to have obtained the license to serve alcohol. The documents may include extensive correspondence by the soon-to-be defendant regarding the scale and scope of the intended use of that license, prior negative incidents, and attorneys may be surprised by the detailed photographs or schematic drawings of the establishment.
This pre-suit effort likely will not deliver a case on a silver platter. It may not ultimately provide the silver bullet at the first key deposition, where information obtained outside of discovery truly has the ability to surprise opposing counsel. But those attorneys who have dug as deeply as possible into all foreseeable issues and contingencies pre-suit will more efficiently prosecute the case and be ready to confidently select a jury the first time the case is up at calendar call. And, if an attorney by chance does find that silver bullet before the case is even filed, all the better.
Opa Locka, Florida – The owners of the Top Value Supermarket in Opa Locka have agreed to a payout of $1 million to the Estate of Miguel Pilotos, who was gunned down on the property during a robbery Aug. 21, 2013.
The 71-year-old man was simply picking up groceries when he was shot at the supermarket located on Northwest 137th street and northwest 27th avenue. The crime was caught on camera. The gunman rode up to the victim’s car on a bicycle and pulled out his weapon and shot the husband and father in the neck. Pilotos, who had under $20 on him when he was killed, had been with his wife Aleida for 25 years. He emigrated from Cuba 19 years ago.
The lawyer for the Pilotos family, Todd Michaels of The Haggard Law Firm, says the crime was predictable and preventable. “At the time of his murder, Miguel Pilotos was the third Top Value customer robbed and shot and the second one killed in that parking lot, in six months” says Michaels. He adds “despite the previous crimes, and the widespread knowledge the business was located in a high-crime area, the supermarket did not alter security in the parking lot in any way.”
rs represent virtually every industry in the public and private sectors, and organizations of all sizes. From entry-level managers to CSOs to CEOs, from security veterans to consultants and those transitioning from law enforcement or the military, the ASIS community is global and diverse. More than 20,000 industry professionals are expected to attend the conference.
