Verdicts by Practice Area: Negligent Security
Senior Partner Marc M. Greenberg, Boca Raton Office, prevailed on a Final Summary Judgment on a negligent security cause of action. This matter arose out of a shoplifter (hereinafter referred to as “Perpetrator”) concealing and stealing two pieces of merchandise from inside of the store. While that criminal activity was occurring, the Defendant’s Loss Prevention Employee was watching the video cameras. He noticed that the perpetrator was large in stature and decided to call law enforcement instead of approaching the perpetrator inside the store. The Loss Prevention Employee stayed on his cellular telephone with the Sheriff’s Deputy so that he could guide the officer of the perpetrator’s location upon law enforcement’s arrival into the parking lot. The Loss Prevention Employee remained the eyes and ears for law enforcement during that five minute time period.
Once the perpetrator got near his vehicle to leave the premise, he was stopped by the Sheriff’s Deputy in the vast parking lot and asked to produce identification. Within seconds the perpetrator began walking in the opposite direction, grabbed his firearm from his waistband and began firing at the deputy less than 10 feet away. Within seconds a second deputy arrived and returned gunfire. No one got shot and the perpetrator ran through the parking lot heading east bound. The front parking lot consisted of 16 rows. After running through seven rows eastbound, the perpetrator grabbed a vehicle driver’s side door handle which was locked. After unsuccessfully attempting to carjack a vehicle occupied by a man and women, the perpetrator fired one shot through the driver’s side window. Unfortunately, the bullet went through the driver’s right arm and exited his right arm and then stuck the passenger’s left shoulder/chest area, where fragments remain today. These Co-Plaintiffs continued driving to the main road and flagged down law enforcement. A total of 90 seconds elapsed from the time law enforcement approached the perpetrator until the shooting of the Plaintiffs. Read more
Shooting Wrongful Death 16-Year-old - Brevard County - Summary Judgment Granted.
Orlando Senior Partner Laurette Balinsky, Esq., obtained a final summary judgment in a negligent security case involving the shooting death of a 16 year old, in the matter styled Shonte Bunch, as PR of the Estate of Martorell Williams v. Pilot Travel Centers LLC, SSA Delaware and Northlake Foods, d/b/a Waffle House in Brevard County, Florida. The PR alleged that Pilot/ SSA breached their non-delegable duty to decedent to provide a reasonably safe premise by allowing crowds to congregate on their premises, thereby creating a foreseeable zone of risk to invitees. The Complaint alleged that Defendants allowed hundreds of people to congregate on the premises and that multiple crimes purportedly occurred in the three years before the incident. The plaintiff was seeking $5M on the case.
Defendants moved for summary judgment shortly after the May 2021 amendment to Rule 1.510, Fla.R.Civ.P. Defendants’ Motion was based on two distinct grounds: (1) that Defendants owed no duty to the decedent; and (2) decedent’s claim was barred by Fla. Stat. §768.075(4) since he was involved in a felony at the time of the shooting.
Defendants’ primary argument as to lack of duty was predicated on the fact that the shooter fired the deadly shot from the premises of our client, and that there was no record evidence as to the exact location of the decedent to our property line when he was shot. Defendants argued that decedent was, at best, within an easement granted to the adjoining property owner, and not within a location controlled by Defendants. As such, it was Defendants’ position that there is no duty under Florida law to protect an invitee from a crime committed by a third party outside of its premises. To hold otherwise, would extend Florida law and turn premises liability on its head.
Plaintiff vigorously opposed Defendants’ Motion for Final Summary Judgment and filed an Affidavit by security expert, Michael Zoovas. Within their Reply brief, Defendants moved to strike the Affidavit, arguing that it was essentially a sham, because the expert ignored evidence and completely failed to acknowledge the location of the shooter. Defendants further argued that the expert’s opinion that the decedent was shot on Pilot’s premises should be stricken because the opinion was not supported by any evidence and fell outside the expert’s background, education, training, and expertise. Moreover, the location of the decedent was not germane to the duty argument, since it was clear that the tort was committed (i.e., the gun was fired) from a location outside of premises owned or controlled by Defendants. In other words, the expert’s Affidavit was simply a distraction.
The Court conducted two lengthy hearings. Plaintiff submitted a total of four briefs; one was submitted the day after the conclusion of the second hearing. After consideration of Plaintiff’s untimely Supplemental Memorandum of Law, the Court granted Defendants’ Motion for Final Summary Judgment. In its opinion, the Court stated that it was “loathe to find a ‘crowd’ as inherently dangerous a hazard as buried electric cables or to extend a duty to property owners for crimes that occur off their premises where that property owner has not caused the conditions for the injury.” The Court further found that the existence of an easement providing ingress and egress does not extend liability to Defendants, and that Defendants did not have a duty to decedent for criminal acts initiated on an adjoining property. This is a significant win for the defense bar, and protects property owners from an extension of liability for acts that occur outside of an owner’s premises, and from acts which are outside of their control.
Managing Partners Daniel Santaniello, Esq. and Todd Springer, Esq. obtained a favorable result in a wrongful death negligent security matter. Plaintiff asked the jury for $50 Million dollars in opening and then ultimately $1,000,000 per year for 29.5 years, which amounted to $29,500,000. The jury returned a verdict for $2,967,200. However, the jury apportioned 70% negligence to the decedent, 25% negligence to Fabre Defendant, Zachary Ames and only 5% negligence to Defendant, First Coast Security Services resulting in a net verdict of $148,360. First Coast was the only defendant remaining at the time of trial as Zachary Ames and the Pablo Creek Home Owner’s Association had settled out for a confidential sum pre-trial.
Decedent was a 20-year-old student who had received a Bright Futures scholarship. He was invited to the home of Zachary Ames located in the neighborhood of Pablo Creek Reserve. While at the home, Mr. Ames gave Decedent marijuana to smoke knowing it was his first time smoking marijuana. Shortly after smoking the marijuana the decedent’s demeanor changed. He became violent and paranoid. He left the home and began walking through the neighborhood when he was stopped by a First Coast Security Officer. Read more
Fort Lauderdale Senior Partner David Lipkin received a Summary Judgment in a general negligence matter styled Moran v. Beach Bars USA and El-Ad FL Beach LLC. This lawsuit arose from an incident at Dirty Blondes Bar in Ft. Lauderdale where the Plaintiff alleges he was assaulted after a dispute concerning the payment for drinks. Plaintiff alleged lumbar and cervical injuries and underwent lumbar fusion. Plaintiff incurred in excess of $116,000 in medical bills and was also making a lost wage claim. Read More
Paul Jones, Orlando Managing Partner and Olu Aduloju, Esq. received a defense verdict in a negligent security rape matter styled Webb v. El Governor Motel on 9/4/15 in Bay County. The lawsuit arose from a burglary and subsequent rape committed by Ronald Lee, a guest at the El Governor Motel on or about April 15, 2011. Plaintiff, Janice Williamson checked into the motel on April 13, 2011 with Scott Webb, her fiancé, and Mr. Webb’s minor son. They checked into room 524. At some point on April 15, 2011, Ronald Lee, a convicted felon who is currently serving a life sentence for his actions, made entry into Plaintiffs’ room. Mr. Lee took several items belonging to Mr. Webb and Ms. Williamson, including cell phones and money, from room 524 back to his room next door, room 525. Read More
Boca Raton Associate Jordan Greenberg obtained a Final Summary Judgment on June 26, 2015 in a negligent security matter styled Lynn Cannon, as PR of the Estate of Garrett Egan Cannon v. Villa San Remo HOA and Hawk-Eye Management, in the Fifteenth Judicial Circuit (Palm Beach County). The 25 year old decedent died after a night with his friends in the clubhouse parking lot of the Defendant homeowner’s association, during which plaintiff indulged in a cocktail of illegal drugs, including, cocaine, bath salts and LSD. Read More
Tampa Associate Joseph Kopacz obtained a final summary judgment in a negligent security matter styled James Pantages v. Sub Station I, Michael Hallal, and Deborah Hallal before Judge Patricia Thomas (Citrus County) on September 5, 2014. Plaintiff claimed defendants were negligent in allowing a homeless Vietnam Veteran on the premises who eventually stabbed plaintiff after a physical altercation. Read More
Shot to Death by Unknown Assailant, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More
Victim Targeted Crime with 3 Innocent Shooting Victims, Miami-Dade County, Howard Holden, Junior Partner and Daniel Santaniello, Managing Partner, Settled, April 29, 2011. Read More
Jack Luks, Partner and Zeb Goldstein, Associate, received an Order of Final Summary Judgment on January 5, 2006, in Circuit Court of Miami, Florida. Plaintiff's most recent demand for settlement was $900,000.00. Plaintiff alleged that while working as an off-duty police officer at Club Level in Miami Beach, Florida on the evening of January 1, 2001, he was involved in a fight which broke out inside the nightclub at 2:30 p.m., at which time he was assaulted by one of the club customers, sustaining extensive injuries, initially that of a fracture of the vomer, compound fracture of the nose and abrasions to the skull. Plaintiff further claimed that he would require future corrective surgery due to the deviated septum. He complained of frequent nose bleeds, frequent headaches, neck pain, loss of memory and depression. Plaintiff had alleged future surgery and future care was needed to correct his medical and psychological problems, at an approximate cost of $10,000.00 per year. The Plaintiff was only 29 years old at the time of the incident. Read More