GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Personal Injury Blog

  • Enora Lavenir Family Files Wrongful Death Claim After Drug Exposure

    Enora Lavenir Family Files Wrongful Death Claim After Drug Exposure

    Enora Lavenir died on August 7, 2021, after the 19-month-old was exposed to fentanyl in a vacation house in Wellington that her family was renting. Her family has filed a wrongful death claim in Palm Beach Circuit Court.

    The infant, her parents Lydie and Boris Lavenir, and older sister were staying at a home rented through Airbnb while on vacation from Guadeloupe, an overseas region of France located in the Caribbean.

    According to the lawsuit, Enora Lavenir was napping in the house with her older sister on August 7, 2021. When her mother, Lydie, went to check on the children, she found the baby “unresponsive and foaming from the mouth.”  Enora Lavenir was rushed to Palms West Hospital in Wellington, where she was pronounced deceased.

    Acute Fentanyl Toxicity Cause of Death, According to Palm Beach County Medical Examiner

    An autopsy revealed that Enora Lavenir died after ingesting fentanyl, although an incident report did not reveal how the toddler was exposed to the deadly drug. The death occurred just one day after the family arrived in Florida. Following a search of the home by the Palm Beach Sheriff’s Office, no illicit drugs were found at the property, and both parents tested negative for drugs.

    Suit Alleges Negligence on the Part of Airbnb and Prior Tenant

    The Lavenir’s family lawyer, Thomas Scolaro of Leesfield Scolaro, said Enora Lavenir did not leave the home after the time the family checked in. “This baby never left the unit,” said Scolaro. “She was always inside the Airbnb. She didn’t go outside. They didn’t travel with her. So she was exposed inside that Airbnb, 100 percent.”

    The lawsuit alleges that Airbnb breached it’s duty of care by failing to ensure that the home had been properly cleaned, and in failing to notify the Lavenir family that drugs had been used in the home. The prior renter told investigators that 10 to 12 people stayed at the home in early August of 2021, and that the group used cocaine and marijuana in the home. The individual denied there was any fentanyl present. Airbnb has yet to file a formal response with the court.

    Property Owners/Managers Responsible For the Safety of Tenants

    “In terms of culpability, it’s very simple,” Scolaro said. “If you are in the business of renting out homes and you tell people it’s safe and secure and it’s sanitary and you end up having a baby killed as a result (of the negligence), you should expect to be sued and rightly so.”

    GOLDLAW Has Represented Clients in Similar Cases

    GOLDLAW has been successful in obtaining recoveries for clients who have filed claims similar to the one brought by the Lavenir family. Do you have a family member who died or was injured due to the negligence of a property owner or those managing the property? Call one of premises negligence legal experts at 561.222.2222 for a COMPLIMENTARY consultation about your rights as a family member!

    Notice: As a personal injury firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hears and thoughts are with those who have suffered a catastrophic injury or death.

    Choose the 2s! Choose GOLDLAW! 

    Abogados GOLDLAW tu solución para accidentes con lesión.

  • Family of Aristides Guerra May Have Case For Wrongful Death Claim

    Family of Aristides Guerra May Have Case For Wrongful Death Claim

    Aristides Guerra died Thursday, March 10, after his SUV burst into flames after being hit by a speeding car.

    Guerra, 71, was driving southbound on Greenview Shores Boulevard in Wellington at approximately 1:00pm. While trying to enter the Courtyard Shops at Wellington shopping plaza, his Jeep Grand Cherokee was struck by a 2012 BMW driven by an unidentified 18-year-old driver, also from Wellington, that authorities said was traveling “at a high rate of speed.”

    Potential For Wrongful Death Claim

    The family of Aristides Guerra may have the right to pursue a wrongful death claim, pending the results of the final investigation into the crash by authorities. Under Florida law, a “personal representative” is entitled to file the lawsuit and represent the estate’s heirs, who will also be named in the suit. Surviving spouses, adult and minor children, and parents may all be eligible to collect damages. Damages may be for both financial losses and emotional losses. It is important to note that Florida requires the following in a wrongful death suit:

    • The defendant’s conduct amounted to a wrongful act, negligence default, or breach of contract or warranty.
    • The conduct upon which the cause of action is based must have caused the death of the decedent(s).

    Alcohol, Drugs May Have Played a Role in Crash

    Investigators said the BMW “violently struck” the Jeep’s passenger side, causing it to roll over and catch fire. Trapped in the burning vehicle, Aristides Guerra was pronounced dead by paramedics after being removed from the SUV. According to the crash report by Palm Bach County Sheriff’s Deputies, drugs or alcohol may have played a role in the wreck. The driver of the BMW was taken to Wellington Regional Medical Center with minor injuries. The crash remains under investigation.

    Have questions about a possible wrongful death claim? DON’T wait for an insurance company to contact you! Insurance agents and adjusters work on behalf of the insurance companies, and don’t care about YOUR loss. Call the wrongful death experts at GOLDLAW at 561-222-2222 for a COMPLIMENTARY consultation to see if you have a case!

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence based on the facts of the case. Respectfully, our thoughts are with those who have suffered a catastrophic injury or death.

  • Dylan Lyons’ Family May Have Case for Wrongful Death Claim After Murder Spree

    Dylan Lyons’ Family May Have Case for Wrongful Death Claim After Murder Spree

    [vc_row][vc_column][vc_column_text]Dylan Lyons, a reporter for Orlando-based Spectrum News 13 was tragically murdered on Wednesday, February, 22, while covering an earlier homicide in Pine Hills, Florida. Because of the circumstances that led to his murder, the Lyons family may have a legitimate case for a wrongful death claim, due to negligent security.

    Circumstances Surrounding the Murder Spree

    Lyons, 24, and fellow Spectrum News 13 photojournalist Jesse Walden were at the scene of an earlier homicide when the attack took place. At around 11:20am, Orange County Sheriff Deputies found 38-year-old Natacha Augustin shot to death in the 6100 block of Hialeah Street. According to law enforcement reports, 19-year-old Keith Melvin Moses, who is accused of the Augustin murder, returned to the scene, approached the news vehicle Lyons and Walden were sitting in, and shot them both, killing Lyons. Moses then walked up a nearby street, entered a house, and shot a woman and her 9-year-old daughter. The young girl, identified as T’yonna Major, would later die from her wounds.

    Questions Remain to Be Answered

    Due to conditions at the Hialeah Street crime scene, the family of Dylan Lyons may have a case for a wrongful death claim, due to negligent or inadequate security. Many questions still remain to be answered regarding conditions surrounding security at the site. The biggest? Why was Dylan Lyons murdered and his co-worker shot at the site of a crime scene where an investigation was taking place? So far, there are no answers. But the fact that an armed suspect was allowed to access the scene where he had murdered an innocent individual just hours prior seems to indicate there was a severe breakdown in security, to say the least.

    Lyons Had Ties to West Palm Beach Area

    Born in Philadelphia, Dylan Lyons attended Bak Middle School of the Arts in West Palm Beach and graduated from the Dreyfoos School of the Arts in 2016 where he was executive producer of Dreyfoos School of the Arts Today, a daily video news broadcast.

    Lyons’ love of journalism brought him to the University of Central Florida, where he earned bachelor’s degrees in journalism and political science in 2019. He went on to get a master’s in public administration and criminal justice in 2020.

    Dylan Lyon’s Family Devastated

    Engaged to be married to his fiancée Casey Lynn, family members remember Dylan Lyons as a talented actor and dedicated family-oriented person. As a child, Dyan Lyons starred in “Enviropals.” Launched in 2009, the show focused on “empowering young viewers to be good custodians of Earth as they learn the importance of keeping our planet clean and healthy.” According to his siter, Rachel, he was much more than just an award-winning local reporter.

    “He was an acting father to his niece and nephew who he loved so much. He loved his fiancé and was a devoted son to his mother and father. Dylan would have been 25 years old in March. He was a happy soul and wonderful person in life. My brother was our baby. He was taken too early from us.”

    Driver Had Stopped to Offer Moses a Ride

    According to an arrest warrant, Augustin was picked up at her home by a male friend at approximately 10:30am. After driving around for 30 minutes, they noticed Moses walking alone. The driver told deputies Moses “looked down,” so he offered the suspect a ride. Sitting in the back of the car directly behind Augustin, Moses shot her, then fled the scene. The driver then called 911. Moses was apprehended and charged with murder from the first incident involving the shooing of Natacha Augustin. Authorities expect more charges to be filed in the shooing of the other four victims. Moses has a lengthy criminal record, and has previously faced charges including aggravated battery, assault with a deadly weapon, burglary and grand theft.

    Who Should Be Held Accountable?

    Figuring out fault and liability in Dylan Lyon’s death will take time to sort out, because so many entities are involved, including the town of Pine Hills, many law enforcement agencies, and local property/business owners. At any rate, under Florida premises liability law, property owners have a duty to provide reasonable security of their premises to reduce the opportunity for criminals to engage in violent acts such as shootings, robberies, rape, or murder. When they fail to do so, and a violent act occurs that results in severe injury or death, the surviving family members may be able to file a lawsuit against the company for negligent security.

    Notice: As a personal injury firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a FREE, confidential consultation about an incident, please see the GOLDLAW website, or call the firm at 561-222-2222.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

  • Gloria Serge Family May Have Wrongful Death Claim in Alligator Attack

    Gloria Serge Family May Have Wrongful Death Claim in Alligator Attack

    The family of Gloria Serge may have a case for a wrongful death claim against Spanish Lakes Fairways, and the companies that manage the 55-plus community in St. Lucie County. An alligator killed Serge on Monday, February 20, as she was walking her dog around a retention pond. If there was a lack of signage or warnings about the dangers of alligators at the property or a failure to search for and remove potentially dangerous alligators from the property, the family may be able to file suit.

    According to a USA Today report, witnesses said 85-year-old Gloria Serge was walking her small dog close to the edge of the pond, when a 10-foot alligator erupted out of the water, grabbing the pet. As Serge attempted to pull the dog to safety, the alligator knocked her over, and pulled her into the water by her foot.

    Alligator Caught and Euthanized

    Emergency responders arrived at the scene within minutes and recovered her body, kept surveillance on the alligator with our helicopter and personnel around the lake, and assisted the Florida Fish and Wildlife Conservation Commission (FWC) trapper with identifying the alligator and dragging it out of the water, according to the article.

    The animal was captured and euthanized by a nuisance alligator trapper. The gator was over 10-feet long and weighed an estimated 600-700 pounds.

    Who Is Liable for an Alligator Attack in Florida?

    Many questions remain to be answered about conditions surrounding the death of Gloria Serge. The question of legal liability after an alligator attack can be complex.

    In an interview with CBS12’s Al Pefley, GOLDLAW’s Rafael Roca, a Board Certified Trial Lawyer, shed additional light on the duty owed by property owners to keep residents and visitors safe.

    “They have a responsibility to maintain it in a reasonably safe condition, and not to expose those people to dangers that exist on the property that they have become aware of. It’s not unreasonable to not do anything about it. You have to take the proper precautions. It’s not reasonable to allow a ten- or eleven-foot alligator to live in a lake where there are residents that have dogs, cats and children, exposed to that type of condition.”

    To determine legal liability for an alligator attack in Florida, it is important to establish what responsibility the property owner has to a victim. On private property, the property owner has a VERY HIGH duty to keep the premises safe for victims. A property owner may post warning signs that alligators are present, and that no swimming is allowed, but a sign may be legally inadequate. It is necessary for a property owner to inspect the property and take adequate measures to keep invited guests safe.

    Once the legal standards that apply to the property owner have been established, the question of legal liability for an alligator attack comes down to the facts of each individual case. Just as the acts of a property owner are relevant, the actions of a victim are relevant too. If the property owner has not posted warning signs, or if the signs are vague in nature, the property owner may be liable.

    The Comparative Negligence Rule

    Legal liability comes down to the negligence/recklessness of each party, and the law examines the actions of each party to determine whose behavior may have led to the attack. It’s possible that BOTH a property owner and the victim can share legal liability for an alligator attack. While the property owner has a duty to protect residents/guests, a victim also has the duty to act reasonably and take steps to protect themselves.

    In Florida, a system of comparative negligence is used to determine fault among parties. Even if the victim is partially to blame for the accident, they may still be able recover some damages if the accident is ALSO the fault of the property owner.

    Residents Voice Concerns Over Alligators, but Attacks and Fatalities Are Rare

    Charles Hermann, a neighbor of Gloria Serge, noted that residents are aware of the presence of the dangerous reptiles, who often come up out of the water to sun themselves on the banks of the ponds in the community.

    “We’re used to seeing alligators, but they’re usually not doing anything,” he told reporters. “They just lay in the sun and so you wouldn’t expect it (an attack).”

    According to the FWC, there are an estimated 1.3 million alligators in Florida, and can be found in all of the state’s 67 counties. Because public safety is a priority, Florida administers a Statewide Nuisance Alligator Program (SNAP) to proactively address alligator threats in developed areas, while conserving alligators in areas where they naturally occur.

    People concerned about an alligator can call the Nuisance Alligator Hotline at 866-FWC-GATOR (392-4286). An alligator is considered a “nuisance” if it is at least four feet long and is believed to pose a threat to people, pets, or property. Between 1948 and 2021, there have been 442 documented unprovoked alligator attacks in Florida, resulting in 24 deaths since 1973.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a FREE, confidential consultation about an incident, please contact us today at 561-222-2222.

  • Troy Nichols’ Family May Have Case For Negligent Security Claim

    Troy Nichols’ Family May Have Case For Negligent Security Claim

    Due to conditions at the Sands Hotel and Seaside Bar and Grill, the family of Troy Nichols may have a case for a wrongful death claim, due to negligent or inadequate security. Many questions still remain to be answered regarding conditions surrounding security at the hotel and bar where Nichols was shot on Valentine’s Day.

    Why was a customer with a gun allowed on the premises? Did the property not employ enough security guards or employ other reasonable measures to keep residents and visitors safe? How come there was not a law enforcement presence at the property that late at night?

    Lawrence Antonio Mitchell, 43, was charged with second-degree murder following his arrest in the fatal shooting of 28-year-old Troy Nichols, which took place outside of the Sands Hotel in Riviera Beach.

    “Angry Boyfriend” Responsible for the Shooting

    Police say Mitchell became angry after Troy Nichols offered to buy Mitchell’s girlfriend a drink at the Seaside Bar and Grill, located in the same building as the Sands Hotel. According to witnesses, Troy Nichols approached the woman and “asked what she was drinking,” a story later confirmed by Mitchell’s girlfriend. An argument ensued, eventually spilling out into a parking lot. Another witness, who tried to calm both men down, saw Mitchell pull a gun from his waistband, before firing in Nichols’ direction.

    Other witnesses reported seeing Mitchell holding a handgun as he walked from the crime scene to the Ocean Mall parking lot. According to the arrest report, police investigators reported finding an empty .45 caliber cartridge near Troy Nichols’ body. All of the witnesses involved later identified Mitchell from a collection of photos provided by investigators.

    Girlfriend Confirms Confrontation

    Faith Hawver-King, described as Mitchell’s “on and off girlfriend,” said that Mitchell walked into the bar and “had an issue with the unknown male,” before following Nichols outside. Hawver-King also noted she saw the two men shaking hands outside before the situation escalated.

    “I’m angry and I don’t understand how something like this can happen,” said Laiken Smerdon, Troy Nichols’ longtime girlfriend. In an interview, Smerdon, who is the mother of Nichols’ 7-month-old son, said, “We just want to know what happened,” after Nichols left their home to hang out with a friend.

    “He loves his family. He’s a good son, a good brother. He loves to fish. He’s a great person. I don’t have much that I can say other than he was an amazing person. We love him, his family loves him.”

    Residents Concerned About Safety

    Located in the heart of Singer Island, there is a consensus among local businesses and residents is that both the Sands Hotel and Seaside Bar and Grill raise safety concerns.

    “They need to make changes on that hotel, because it’s just not a right place for here,” said an employee of a nearby business. “The island has been changing a lot, and it’s a nice place to be and come and visit, but that particular section there, it just doesn’t belong.”

    Residents worry that if something doesn’t change, and if police don’t increase their presence in the area, bad things will continue to happen. “They’re open very late,” noted one local resident. “It can get a little shady at times.”

    Florida Property Owners Have a Duty to Keep Residents, Visitors Safe

    Under Florida premises liability law, business owners have a duty to provide reasonable security of their premises to reduce the opportunity for criminals to engage in violent acts such as shootings, robberies, rape, or murder. When they fail to do so, and a violent act occurs that results in severe injury or death, the surviving family members may be able to file a lawsuit against the company for negligent security.

    Key methods to secure a property include: security cameras/closed-circuit TVs, fences, on-premise security personnel, and alert and attentive premises managers, owners, and workers. When an act of violence happens, there may be some burden of liability on the premises owner, because they may have failed to secure the property adequately.

    Notice: As a personal injury firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a FREE, confidential consultation about an incident, please see the GOLDLAW website, or call the firm at 561-222-2222.

  • Gerson Delmas May Have Personal Injury Claim After Suffering K-9 Attack

    Gerson Delmas May Have Personal Injury Claim After Suffering K-9 Attack

    Gerson Delmas may have a case to pursue a personal injury claim against a pair of Palm Beach County Sheriff’s Deputies after he was bitten by a K-9 while being taken into custody.

    PBSO Conducting Internal Investigation Into Possible Excessive Use of Force

    The investigation stems from the January 26, 2023 arrest of Gerson Delmas on an outstanding warrant for sexual battery. Confronted by Deputies near Dr. Martin Luther King Blvd. and Southwest Seventh Street, Investigators say Delmas ignored several commands to place his feet in a PBSO vehicle, and at one point kicked Nuki, a PBSO K-9, in the head.

    Arrest Report and Incident Video Seem to Tell Different Stories

    The arrest report also states that Delmas “kicked and flailed” as he was removed from the vehicle by deputies and taken to the ground. A video taken by a bystander showed Delmas being bitten on the right leg by the K-9, as he lay on the ground handcuffed and shackled.  Several people standing nearby were yelling to deputies that Delmas was not resisting, but the arrest report claims that he “violently resisted arrest,” kicking one deputy and head-butting another as they tried to secure him in a sheriff’s office vehicle. Both deputies involved in the incident are currently on paid administrative leave, according to PBSO spokesperson Teri Barbera. Their names were not released.

    Belle Glade Mayor: Video “disturbing to the eyes”

    Delmas, 30, was attacked by the K-9 for nearly a minute before the dog was pulled away by its handler. He was charged with battery on a law-enforcement officer, resisting arrest, and touching/striking a K-9. As of Monday, February 6, he remained in the county jail with bail set at $12,000 in the arrest case, and $25,000 for the sexual battery case. The Palm Beach County Public Defender’s office, who is representing Delmas, had no comment on the case.

    When asked about the incident, Belle Glade Mayor Steve Wilson, a former prison administrator, said he had concerns regarding the deputies’ actions.

    “It’s very disturbing to see someone that is in handcuffs and leg cuffs, and yet you see a dog that is attacking the young man like that. It’s disturbing. I worked in the prison system for 28 years, and one thing we never, never tolerated was you don’t use excessive force. You have to use force once in a while, but excessive force, no. People need to be held accountable for their actions.”

    Stressing that Belle Glade has a “strong” working relationship with PBSO, Wilson still said that city residents are looking for answers. “All the community wants to know is why was the dog put on the young guy. That’s all they want to know and I’m sure that Sheriff (Ric) Bradshaw will get the answers for us.”

    Can the Suspect of a Crime Sue for Injuries from a Police Dog Bite/Attack?

    Suspects of a crime generally have to prove that law enforcement used unreasonable force when making their arrest in order to sue, and that includes if a K-9 was used to subdue the individual. In addition, a suspect would also have to prove that the police did not give him/her a reasonable amount of time to “surrender” peacefully. If the suspect can prove either of the following:

    1. The police used unreasonable force in the arrest, OR
    2. The police did not allow the suspect to surrender before being attacked

    Although liability for police dogs varies from case to case, the law enforcement agency and the dog’s immediate handlers are the most likely targets for responsibility. Sometimes, other organizations are liable, like a city government that hires the police force.

    It is important to consider that the police often have WIDE jurisdiction when it comes to the theory of “use of force.” This INCLUDES using K-9’s to bite/restrain those suspected of a crime. Because of this, legal protections have been put in place to guard against excessive use of force. The most well known of these may be the 4th Amendment to the Constitution which provides that ANYONE in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers…and other law enforcement officials.

    Filing a Claim Against the Police After the Dog Bite/Attack

    Filing a civil suit against the government can ONLY occur after sending the government a tort claim. Once the claim is sent, the individual must wait for the government to respond before filing a lawsuit. In most cases, the claim will be rejected, though on rare occasions a request for compensation will be accepted. Victims can send these claims to the police department/municipality that is responsible for the police action.

    Individuals guilty of a crime or who were the suspect of a crime at the time of the bite/attack may have a more difficult time pressing charges. Important factors in determining a case include:

    • The nature of the crime
    • Whether the individual/suspect was armed
    • Was the individual/suspect fleeing or resisting arrest
    • The severity of the bite/attack
    • The duration of the bite/attack
    • Whether law enforcement could have used less force

    You have a right to civil treatment by law enforcement officers. Filing a suit against the police pits you against experienced attorneys in a municipal government, and poses a tough challenge, to say the least. So, if you are considering a dog bite/attack claim, don’t hesitate to contact GOLDLAW via the website or by calling 561-222-2222 for a FREE case evaluation!

  • Marcos Luna Family May Have Wrongful Death Claim

    Marcos Luna Family May Have Wrongful Death Claim

    The family of Marcos Luna, who was killed in a car crash on February 8, 2002, may have the right to file a wrongful death claim against the driver of the vehicle that Luna was a passenger in.

    Victor Lopez Ruiz was behind the wheel of a Ford F150 pickup truck when it collided with a Toyota Camry on Seminole Drive in Atlantis. Witnesses told investigators they saw Rios driving erratically across westbound Lantana Road as he approached the intersection at Seminole. Moments later, he drove into the Camry which was traveling eastbound.

    According to the arrest report, a police officer noticed Rios had the smell of alcohol on his breath. When asked by law enforcement if he had anything to drink, Rios reportedly said he had two beers. Blood Alcohol Content testing revealed Rios’ level was three times more than the legal limit. DUI investigators also noted that Rios’ eyes “appeared to be glassy, watery, and bloodshot.”

    Grounds for Wrongful Death Claim

    Although families of Florida car accident victims cannot get their loved ones back, Florida state laws allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act in Florida statutes section 768.16 allows families of accident victims to file civil charges against those responsible.

    To prove liability, the following must be proven: the death was caused by that person’s wrongful act, negligence, or breach of contract. So, a wrongful death suit can only be brought if he deceased could have filed a lawsuit for the injuries he/she sustained, had he/she survived.

    What Damages Can Be Recovered?

    The victim’s family may recover for loss of income, medical expenses, and mental pain and suffering. A surviving spouse can also recover for loss of companionship and protection. Children can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.

    Ruiz Sentenced To 9 Years in Plea Deal

     Facing up to 65 years in prison had he been found guilty of charges that included DUI manslaughter, vehicular homicide, and driving with a suspended license, Ruiz pled guilty just three days before he was set to go to trial. The State Attorney’s and State Public Defender’s offices helped negotiate a nine-year sentence in exchange for the guilty plea. The family of Marcs Luna also agreed to the plea. Judge Daliah Weiss called the agreement a “really good plea for you sir, that gives me some hesitation, quite frankly.” She considered rejecting the plea before agreeing to it. Rios’ driver’s license was also revoked for life.

     Why File A Claim?

    A wrongful death lawsuit can help a family deal with financial burdens as they navigate the grieving process. But, because they are extremely complex, families considering a claim should speak with an attorney who has experience negotiating and litigating wrongful death cases as soon as possible. Have questions about a possible case? The attorneys and legal staff at GOLDLAW are experienced and have a successful record bringing wrongful death lawsuits on behalf of our clients. To receive a free consultation, call 561-222-2222 to discuss your situation!

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence based on the facts of the case. Respectfully, our thoughts are with those who have suffered a catastrophic injury or death.

  • Family of Man Killed at Royal St. George Apartments May Have Case for a Financial Recovery Against Property Owner

    Family of Man Killed at Royal St. George Apartments May Have Case for a Financial Recovery Against Property Owner

    A 30-year old man was found shot to death at the Royal St. George apartments on the evening of Friday, January 27, 2023. Law enforcement authorities are now looking for the killer.

    Questions Remain as Police Continue Their Investigation

    The condition of the still unnamed victim was reported by a caller who told police there was an individual, “possibly dead,” in a unit at the Royal St. George at the Villages Apartment Homes in the 1600 block of Brandywine Road. According to West Palm Beach Police Department spokesman Mike Jachles, police received a 911 call from a “hysterical person” at 5:43pm Friday. Local police and firefighters arrived to find a man dead from a gunshot wound inside a second-floor apartment at the three-story building.

    Following an initial investigation of the scene, Jachles said detectives believe the killing was not random. The apartment, which appeared to be vacant, did not show signs of forced entry.

    Potential of Wrongful Death Claim for Victim’s Family

    Due to conditions at the apartment complex, the family of the victim may have a case for a wrongful death claim, due to negligent or inadequate security. Many questions still remain to be answered regarding conditions surrounding security at the complex. How could a killer access the apartment? Were locks on apartment doors insufficient? Did the property not employ enough security guards or employ other reasonable measures to keep residents and visitors safe?

    Florida Property Owners Have a Duty to Keep Residents, Visitors Safe

    Under Florida premises liability law, apartment complex owners have a duty to provide reasonable security of their premises to reduce the opportunity for criminals to engage in violent acts such as shootings, robberies, rape, or murder. When they fail to do so, and a violent act occurs that results in sever injury or death, the surviving family members may be able to file a lawsuit against the company for negligent security.

    Key methods to secure a property include: security cameras/closed-circuit TVs, fences, guard gates, on-premise security personnel, and alert and attentive premises managers, owners, and workers. When an act of violence happens, there may be some burden of liability on the premises owner, because they may have failed to secure the property adequately.

    Notice: As a personal injury firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact GOLDLAW at 561-222-2222.

  • GOLDLAW Succeeds in Earning Right to Pursue Punitive Damages Against Apartment Complex For Death of Teen Resident

    GOLDLAW litigation attorney Rafael Roca secured a rare and impressive legal victory this month against an apartment complex in Wellington, Florida. The case centered around the tragic death of 17-year old Dalton Dobkins, who was killed while he slept in his bed during the commission of a home invasion, on the morning of November 30, 2016.

    In the middle of the night on November 30, 18-year old Joel Rodriguez, and his 20-year old half-brother, Augustine Rivera, were casing the Estates at Wellington Green, looking for apartments to break into. They accessed the premises by driving their vehicle through an inoperable gate/arm. In an interview with plaintiff’s counsel, Rivera confirmed that the property was selected because of the open gates and lack of security. He stated that “if the gates had been down and closed we would have gone elsewhere.” After gaining access to the property, the assailants walked around the development burglarizing vehicles. This continued until Joel Rodriguez discovered an unlocked window at the Dobkins’ residence, and entered the apartment as Rivera served as a lookout outside the home.

    Motive for Shooting Unknown

    Believing the apartment to be unoccupied, Rodriguez admitted to crawling through the open window in order to rob the residence. Startled when Dobkins suddenly woke up, Rodriguez told the victim, “Get back or I’ll shoot your ass,” then shot him twice in the chest, according to Assistant State Attorney Reid Scott. Dalton Dobkins died in his father’s arms soon after. His 10-year old sister, and his father’s girlfriend were also in the house sleeping during the incident.

    Lawsuit Maintains Apartment Complex Failed in Duty to Keep Residents Safe

    GOLDLAW brought a Negligent Security lawsuit on behalf of the Dobkins family in 2018. The action claimed SCG Atlas Wellington LLC, the owners of the complex, and Pinnacle Property Management, the company managing the complex at the time of Dobkin’s death, failed to maintain proper security of the property. The parties had been requested to fix the broken gate/arm by numerous residents on multiple occasions, but those requests always fell on deaf ears.

    Negligent Security Led to an Unnecessary Death

    If the apartment complex had lived up to its duty to protect residents by just fixing the gate/arm as requested, Dalton Dobkins would still be alive, according the lawsuit brought by GOLDLAW. In a hearing before the main trial, the judge found that the negligence was so egregious that it rose to a level of recklessness, which entitles the Dobkins family to punitive damages. Extremely rare in this type of case, it will allow not only for damages for the loss of their son and brother, but also damages meant to punish the defendants due to their reckless disregard for the lives of their tenants, and dissuade other businesses from making the same mistakes.

    Potential For a Massive Verdict

    As the case proceeds, there looms the risk of an extremely large verdict against the corporate ownership and management of the Estates at Wellington Green, as well as their liability insurance company. GOLDLAW will continue to pursue the maximum compensation possible for the Dobkins family, as we seek to obtain justice for this reckless disregard of resident safety.

  • Palm Beach County to Protect Cyclist and Pedestrian Safety

    Palm Beach County to Protect Cyclist and Pedestrian Safety

    Cyclist and pedestrian fatalities are on the rise in Palm Beach County, and officials want to know why.

    Members of the Palm Beach Transportation Planning Agency (TPA), the public entity that funds transportation projects, and creates traffic safety programs for the county are on a mission to find a solution to this problem, especially since the number of fatalities in neighboring counties is on the decrease.

    Florida Ranks as Dangerous for Cyclist and Pedestrian Safety

    A 2019 report from the National Highway Traffic Safety Administration (NHTSA) using 2017 data said that 783 bicyclists died in traffic crashes across the United States, with 125 deaths. – almost 15% occurring in Florida. Sadly, the number of individuals killed in bicycle crashes has continued to increase. In 2021, there were 197 bike accident fatalities, – an all-time high – according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

    Concern among officials was ramped up after an FDOT presentation that provided accident data for the District 4 region that includes Broward, Palm Beach, Martin, St. Lucie, and Indian River counties. From 2021 to 2022, Broward County had a reduction of 34% in pedestrian/bicycle fatalities while Palm Beach County rate increased 13 percent. More concerning? From 2018 – 2022, Broward County had a 52% decline, while Palm Beach County increased by 31%.

     Why is Broward Safer for Bicyclists and Pedestrians?

    One of the main reasons Broward has maintained a better safety rate is because the county has a transportation surtax available to fund safety improvements, a funding source that is not available in Palm Beach County. But that does not mean Palm Beach County is dragging its feet when it comes to improving safety for bicyclists and pedestrians.

    “We are working on it,” said TPA Executive Director Valerie Nelson. “All of this takes time. We need to do our part in raising education.”

     Improvements Coming to Palm Beach County

    According to Nelson, several major improvement projects are on the way. Separated bike lanes that keep motorists and cyclists apart from one another by a physical barrier, instead of just a painted line in the road, are coming. The first project is being built along an almost three mile stretch on Lyons Road/Sansbury Way run from Forest Hill Boulevard to Okeechobee Boulevard. Expected to be finished in the fall of 2023, the $6M project is funded by a $4.2M grant from FDOT and the TPA.

    New bike lanes will also be constructed in the coming years along Cresthaven Boulevard from Jog Road to Military Trail, Prosperity Farms Road from Northlake Boulevard to Donald Ross Road and Camino Real in Boca Raton. More than $15M has been budgeted for those projects.

    High-risk areas will receive enhanced monitoring from the Palm Beach County Sheriff’s Office. “High-visibility enforcement” patrols will operate mainly along Dixie Highway, Okeechobee Boulevard, and Lake Worth, as PBSO was recently awarded an additional $50,000 from the county. There is a plan in place, but experts stress that county entities need to be patient. “It takes time to develop safety programs,” said Greg Stewart, Executive Director of the Metropolitan Planning Organization (MPO) in Broward County, TPA’s counterpart. “You can’t do it overnight, And it involves tough choices involving capacity vs. safety.”

    Notice: If you have been hurt in a bicycle or pedestrian accident, or lost a loved one in such an incident, GOLDLAW may be able to help you get the compensation that you are entitled to. For a complimentary consultation with one of GOLDLAW’s experienced bicycle/pedestrian accident attorneys, please call the office at (561) 222-2222.