The $12 Million verdict in a wrongful death negligent security case against a Hialeah hotel was upheld by the 3rd District Court of Appeals.
The court’s opinion is attached below.
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.
The Daily Business Review wrote an article about the original verdict on December 5th or 2017: https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2017/12/05/hialeah-motel-slammed-with-12m-verdict-after-womans-murder/
