Tag: premises liability South Florida

The Haggard Law Firm’s Michael Haggard and Adam Finkel secured a $21 Million total settlement in a negligent security wrongful death case involving the murder of a father of two.

On the morning of August 18, 2022, Dimithry Remarais mailed two stuffed animals to his daughters living in Kentucky. That evening, at around 10:30 p.m., while walking to his car parked within the Windward Vista Apartments in Lauderhill, Florida (Broward County), to go to work, he was confronted by armed men who carjacked him. They shot and killed him. Dimithry’s daughters received those stuffed animals after their father was murdered.

 A property with a history of crime in the parking lots and noting that private security personnel never responded to the shooting, nor ever spoke with law enforcement, Mike Haggard and Adam Finkel of The Haggard Law Firm served a pre-suit demand for Excel Security Inc’s $6 Million policy limits. The trial lawyers argued that Excel shirked its duty as the retained private security company for the apartment complex. Haggard and Finkel said the security company’s failure to properly advise the property owners and managers regarding the breadth of security needed to reasonably protect residents from foreseeable crime, and the failure to be present at the time of the shooting and deter the criminals, contributed to this preventable tragedy. Excel agreed to pay its policy limits to settle the Estate’s claims against the security company.

After a pre-discovery settlement demand for $12 Million Dollars was not accepted by the apartment complex’s property owners, Haggard and Finkel dove into litigation. Receiving a treasure trove of emails detailing ownership and management’s knowledge that the security company did not adequately carry out their duties and crime was increasing in number and severity. A deposition of the property manager from the time of the incident solidified that Windward Vista failed to have reasonable security in place, and failed to reasonably secure the property from an ownership and management standpoint. As the property manager no longer worked for the defendants, The Haggard Law Firm was able to locate and speak with her. During her deposition she all but admitted that the security company should have been fired, but was not. In the months to follow, and using this key deposition, The Haggard Law Firm was able to begin building the foundation for trial and to pit the defendants against one another, all the while continuing to collect more discovery and engage with more present and former residents and guests that would serve as witnesses at trial.

The defense, on the other hand, maintained that the entire criminal incident was too quick to be deterrable, and even suggested that a syringe found on the evidence list suggested that Dimithry was either using or selling drugs. Appreciating the tremendous value of this case, and steadfast in its belief that Dimithry was an innocent man, The Haggard Law Firm served proposals for settlement to each property owner and manager, and made clear that the case would either be tried or settled in vast excess of these proposals. The defendants nevertheless rejected the proposals for settlement and continued into litigation.

Without the need for mediation, and with discovery, demands, and depositions continuing forward, the matter ultimately settled against the property owners and managers for $15 Million, equating to a total settlement of $21 Million Dollars.Three men have since been arrested for Dimithry’s murder due to the hard work of the Lauderhill Police Department.