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.
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.
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.
We are very proud to share that our Todd Michaels has secured a $1.5 Million dollar settlement in the slip and fall wrongful death case of Qurris Walker (pictured) .
In August 2011, Walker, who suffered from Down’s Syndrome, slipped and fell on a wet floor at the Rosen Shingle Creek Hotel in Orlando. At the time of the incident, the floor was being cleaned by Rosen’s Cleaning service, Majic Cleaning Systems. As a result of the fall, Mr. Walker needed surgery to repair his leg and suffered respiratory arrest during recovery from the surgery.
Nearly two years after the fall, Walker, who suffered from numerous pre-existing health issues, passed away. Both liability and causation were highly contested. The defense argued that Majic had put down five cones in the lobby, adequately warning visitors that the floor was wet, and that Mr. Walker’s death was a result of his other health issues, and was unrelated to the fall.
Our thanks to the inspirational and brave Walker family for their passion to seek justice.
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. In addition to his negligent security work, Todd also handles Uber liability, premises liability, aviation, pool drowning, auto accident and other injury cases. Michaels has been named to the Best Lawyers in America and Super Lawyers list several times, among several other annual honors. In 2016 he was named ‘Most Effective Lawyer’ by the Daily Business Review for the handling of a negligent security wrongful death case.
Miami, FL (October 30, 2017) – Late Friday night, following a 5-day civil court trial, a Miami-Dade jury awarded John Souza nearly $1.57 million. The trial stemmed from a lawsuit Souza, an Atlanta resident, filed after suffering injuries to his spine following a car accident on October 20, 2014. Souza and his wife, Anh, were traveling north on Biscayne Boulevard when another driver violated the right-of-way and collided into their car just off NW 35th Street.
The defendants, CH Global Construction who owned the vehicle, admitted the crash was their fault but also said the Souza was traveling too fast for the conditions. Souza, who was in town for a fitness competition, did not seek medical attention until he went back home to Atlanta the next day.
Congratulations to our Michael Haggard. He was among 10 local lawyers included in Attorney at Law Magazine‘s ‘Super Stars of 2017’ edition.
The Magazine writes “These attorneys have been nominated by their peers to be recognized for their accomplishments both inside and outside the courtroom.”
To read the full article, click on the following link and scroll to page 12-13.
This most recent recognition follows news that Haggard will receive the Florida Justice Association’s 2017 Perry Nichols Award, that organization’s highest honor. Click here to learn more