The Haggard Law Firm’s Todd Michaels and attorney Michael Lewenz of Zebersky Payne have obtained a $1 Million policy limits settlement in a negligent security case where the victim was shot three times.
On July 22, 2018 Dennis Barker entered the Fiesta Food Market in Ft. Lauderdale, Florida to make a purchase. After exiting the market, while still on the defendants’ property, Mr. Barker was confronted by an assailant who robbed him at gunpoint. During the confrontation the assailant shot Mr. Barker three times.
The gunshots caused major injury, primarily to Mr. Barker‘s left leg. As a result of his injury Mr. Barker had no recollection of the incident.
An investigation showed that the convenience store had a four-year criminal history including six narcotic incidents, four robberies, and two aggravated assaults. The property had no reasonable security features and had been in violation of the Convenience Business Security Act, a Florida Statute which sets minimum security standards for convenience businesses.
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 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.
Family of Local Librarian Murdered in ATM Robbery to Announce Negligent Security Lawsuit Against Credit Union
Reward For Information Leading to Killer(s) Increases to $23,000
Miami Gardens, Fla – The family of Jaime Humet, who was killed on December 10th, 2018 while leaving the ATM of the Dade County Federal Credit Union located at 20645 NW 2nd Avenue in Miami Gardens, says the business did not have sufficient security measures in place to prevent the tragedy that claimed the life of their beloved Jaime.
Humet’s mother Pilar and brother Nick will be joined by their attorneys Pedro Echarte of The Haggard Law Firm and Angel Diaz of Kirschner, Groff & Diaz for a press conference on Wednesday March 27th at 11am just off the property of the Credit Union (attached picture of location). The family and their attorneys will discuss what security measures should have been taken long before the murder of the 47-year-old Miami-Dade County librarian whose mother describes as an “angel.” It was “a foreseeable crime considering the nature of the business and its location in a notoriously high crime area” says Echarte.
The family will also plead for the public’s help to assist the Miami Gardens Police Department catch those responsible for taking their loved one’s life. Miami-Dade, Florida Keys Crime Stoppers has increased the reward for information leading to the capture of the killer(s) to $23,000 (flyer attached to email).Attached to email:
$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.
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.
Congratulations to Haggard Law Firm trial lawyer Todd Michaels for being named a Fellow of the Academy of Florida Trial Lawyers. The Florida Justice Association’s Fellows program recognizes individual accomplishments as a trial lawyer and contributions to the mission of the FJA. Michaels was voted into the exclusive and distinguished program by his peers.
To qualify, members of the Fellows program must be past presidents of the Florida Justice Association, a current voting member,a board member for at least 5 years, a recipient of the Crystal EAGLE Award, and an Eagle Patron.
About Florida Justice Association
The Florida Justice Association (FJA), formerly the Academy of Florida Trial Lawyers (AFTL), is dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers.
FJA works in the legislative, political and public arenas to ensure that Floridians know and understand the importance of their rights to justice and to make certain that these rights, which are at the very core of what it means to be American, are safeguarded and protected.
Todd Michaels Esq, a lifelong Miami-Dade resident, joined The Haggard Law Firm in 2009. In May 2014, he was named partner at the firm. Todd handles a wide array of the firm’s cases involving wrongful death and catastrophic personal injury, representing clients who were injured through the negligence of others. His practice primarily involves negligent security throughout the State of Florida and nationwide. Todd has been a frequent speaker on various aspects of negligent security law to different Legal and Security industry groups throughout the country, and has had articles relating to negligent security cases published. Click to read full bio
VIDEO
Michaels discusses how trial lawyers must always be focused on trial, not a settlement.
Every trial lawyer understands the significance of creating and developing a strong, clear theme for their case at trial. The theme of your case initiates a tone towards your Case-in-Chief and if powerful enough, it will dictate which fork in the road, favorable or unfavorable to your client, the jury takes.
Opening Statements
Opening statement is the second opportunity the trial lawyer has to begin planting the seed of bias in favor of his or her client—seasoned and skilled trial lawyers understand voir dire is really the first opportunity. It is critical to communicate to the jury and ingrain within each member of the jury a persuasive and powerful theme. Why? Once your theme is etched into the minds of the jury, each juror will begin to look for evidence that supports that theme. If a particular piece of evidence contradicts that theme they will likely discard that piece of evidence or they may not associate as much credence with it as they would have had it fit with your theme. This is vital to the outcome of your case. The theme essentially summarizes your case for the jury. Whether it is a short phrase or one word, the theme should capture the case theory, tone and the area of focus for the jury. The theme should be simple and easy to understand. I can share with you a case example in a recent trial of The Haggard Law Firm—the case of Trinard Snell.
Our firm tried the negligent security case against a gas station owner and operator, which resulted in a $5.7 million dollar verdict on behalf of the deceased Plaintiff and his survivors. Understanding the importance of a clear theory and a memorable, persuasive theme, we began opening statement with our theme— inadequate security on a crime-ridden property.
The case theme was presented to the jury at the very beginning of opening statement, repeated throughout the entire opening statement and reiterated at the end. Why? A concept in psychology—primacy, and recency—tells us that order is important! The primacy effect is described as the ability of an individual to recall information better that was presented earlier rather than later. The recency effect is described as the ability of an individual to remember information presented most recently to them better than information that was presented earlier. When you combine the two, optimal information recollection is achieved. Therefore, at minimum, the jury must here your theme at the beginning and at the end of your presentation.
Haggard Law Firm trial lawyer and Managing Partner, Michael Haggard email MAH@HaggardLawFirm.com
Testimony and Evidence Presented
After your jury has been indoctrinated with the theme of your case through voir dire and opening statement, you must keep the jury on that same track during the presentation of the oral testimony and physical evidence. Depending on the length of the trial, the jury will hear days to weeks of testimony. It is their job to sort through the evidence presented and make a just decision at the end of the trial. After weeks of testimony, jurors often become overwhelmed with the volume of information and evidence presented. It is the trial lawyer’s job to organize this testimony and evidence presented to the jury in a manner that diminishes this information overload. I use the analogy of a train on a train track to best describe this concept. The theme is the locomotive. Your jury represents the passengers on the train. The trial lawyer must keep his or her passengers onboard throughout the entire trial until arriving at destination “Favorable Verdict.”
One way to ensure your train passengers are not disembarking is to reiterate your theme and theory of your case throughout each segment of the trial. Your theme should be clear, concise and easy to recognize. The theme is the lens through which your jury will view the case. It is imperative that the lens you provide to the jury is the correct diopter—representing a powerful and persuasive theme. An incorrect diopter will result in a hazy, unclear view of your case and perhaps an unfavorable verdict. Mock trials and jury focus groups are a great way to gauge the lens diopter your jury will need.
WE INVITE REFERRAL ATTORNEYS AND CO-COUNSEL TO CONTACT US AT INFO@HAGGARDLAWFIRM.COM or 305.446.5700
As simple as this may sound, many lawyers have a difficult time successfully implementing these techniques. Through our years of law school and demanding casework at our prosperous law firms, our legal minds are trained to analyze the complexities and minutiae of the law, creating sophisticated legal arguments for opposing counsel and the court. The basic techniques of persuasive communication are often neglected due to the lawyer’s engrossment with the complexities of the legal issues of their case and their own familiarity with legal terms and attitude of simplicity. For example, the trial attorney that uses the theme of “Negligent Actions” will be rudely surprised by the jurors’ varying definitions of negligence. Despite the lawyer’s familiarity with the term “negligence” and its rudimentary elements, it is not so easily nor correctly defined by the jury. Through juror focus groups and mock trials, the lawyer can clear out the fog and rework the case theme prior to trial. During the deliberations at mock trials, I often hear jurors begin an explanation with “Personally, I feel that…” or “To me, this means…” These phrases are indicative of “information gap-filling.” Jurors will pull from their personal experiences to fill in the gaps. Those gaps are either areas where the jury is confused or has simply forgotten the information presented. Regardless of the reason for the existence of the gap, the juror will instinctively try to fill that gap in order to make sense of the legal questions they are tasked with answering. This illustrates why trial lawyers cannot forget the basics and cannot neglect the importance of simplifying and effectively communicating those complex issues to the members of the jury. The skilled trial lawyer will be mindful of this. The skilled trial lawyer will have an engaging theme.
Miami Dade County, FL – A gunshot victim who had his kidney, portions of his intestines removed and his colon perforated settles a negligent security lawsuit against northwest Miami apartment complex for $3 million.
On May 3rd, 2014, Dennis Gore and his friend worked together cleaning one of their clients’ business’. After work, Dennis and his friend played flag football and then went to Dennis’ mother’s apartment at Suncoast Apartments (999 NE 167th Street). Dennis would ask his friend to take him to Walgreen’s to get an ace bandage because of a sore knee.
The two of them went downstairs to Dennis’s friend’s car in the parking lot when Dennis realized that he left his wallet upstairs. He told his friend to meet him around the other side off 10th avenue while Dennis went back upstairs to get his wallet. After retrieving his wallet, he took the stairs to a door led directly into the parking lot when his friend to pick him up.
A man standing at the bottom of those stairs simply said “hey”, which made Dennis turn around. The man was brandishing a gun. Dennis attempted to evade the stranger but was met by a second man who tried to grab him. After breaking free and attempting to exit through a doorway, bullets began to fly. He was shot 6 times. Dennis was taken to Jackson Memorial Hospital where he went into emergency surgery.
Haggard Law Trial Attorney Jason Brenner – CONTACT BRENNER – JRB@haggadlawfirm.com
Haggard Law Firm Trial attorney Jason Brenner and Douglas McCarron litigated the case. Brenner says while the apartment complex did have security in place, it was not sufficient considering the level of crime in the area. The claims made in the case were past and future medical expenses and past and future pain and suffering. “May 3rd was the beginning of a nightmare that Mr. Gore will never wake up from and it may have been prevented if this apartment complex had fully committed to providing the level of security needed to protect residents and guests.”
Haggard Law Trial Attorney Douglas McCarron – CONTACT MCCARRON – DJM@haggardlawfirm.com
The Haggard Law Firm has an extensive history of litigating negligent security cases involving apartment complexes, hotels, motels, gas stations and other commercial businesses. Over the last ten years, Haggard Law Trial Attorneys have obtained more than $400 million in results for clients severely injured or the families of those killed due to a property owner or managers negligence.
CONTACT HAGGARD LAW FIRM 305.446.5700
VIDEO: What is the first step in a negligent security case??
Attorneys Representing Parkland Shooting Victims’ Families To Hold Media Conference, Will Be Joined by Parents of Shooting Victim Joaquin Oliver
Ft. Lauderdale, FL – In response to court records that indicate the Broward County School Board aims to minimize its responsibility in the shooting deaths of 17 people at Stoneman Douglas High School in Parkland Florida February 14th, a press conference will be held on Friday, April 27th, 2018 at 10:30 am outside the Broward County School Board building.
According to the South Florida Sun-Sentinel (click to review article ), court records show that The School Board “is portraying the mass murder as one incident with many victims.” Michael Haggard and Todd Michaels of The Haggard Law Firm, which represents the families of two victims, will be joined by 17-year-old victim Joaquin Oliver’s parents Manuel and Patricia.
Trial attorney Michael Haggard of The Haggard Law Firm says “the school board is watching its financial best interest instead of that of the families it has publicly claimed it would continuously support.” Haggard, whose law firm represents the Oliver family in this case, adds “The School Board should be ashamed. Each of these families are suffering. We have successfully litigated against School Boards in the past and will take this matter to Tallahassee if needed.”
The Haggard Law Firm represented the family of Juan Carlos Rivera, who was stabbed to death at Coral Gables High School in September of 2009. In that case, Haggard filed a claims bill in the State Legislature to finalize the $1,875,000 settlement agreed upon with the Miami-Dade County School Board.
Media Conference Details
Location: Broward County Public Schools Building, 600 SE 3rd Ave, Fort Lauderdale, FL 33301
Along sidewalk outside of the building
Date: Friday, April 27th, 2018
Time: 10:30am (EST)
Speaking Attending:
Manuel and Patricia Oliver – parents of Parkland Shooting Victim Joaquin Oliver
Michael Haggard – Managing Partner, The Haggard Law Firm
The Haggard Law Firm has litigated nearly 200 cases involving the failure to provide adequate security resulting in the victim suffering severe injuries and/or death. Since 2007, The Firm has handled over 175 negligent security cases and delivered over $400million in verdicts and settlements in those cases.
Establishments such as bars, restaurants, flea markets, shopping centers, nursing homes, banks, hotels and apartment buildings have all been subjects of successfully litigated negligent security claims. By representing individuals permanently injured in cases stemming from negligent security, we take an active role in making the community safe for the public.
In 2017 and 2016 TopVerdict named two different Haggard Law Firm cases as the #1 inadequate security (negligent security) verdicts in Florida each respective year.
