Category: Wrongful Death

wrongful death cases, which are cases in which a death occurs due to negligence

  • Was French Villas Condominium in Pembroke Pines Negligent in the Shooting Death of a 23-year-old Resident?

    A 23-year-old woman was shot and killed at the French Villas Condominum in Pembroke Pines early on Thursday morning, March 5.

    French Villas is located on the 600 block of Northwest 79th Avenue. Pembroke Pines police report receiving several calls from neighbors who heard multiple gunshots there around 6:15 on Thursday morning.

    “I received numerous calls, and we were able to determine that several shots had been fired,” said Pembroke Pines Police Capt. Al Xiques.

    They later determined the victim was walking to her car when a person in another car approached her. The assailant then shot her more than a dozen times. When police arrived, they found the victim’s body in her car.

    Xiques said that based on their preliminary investigation, they believe the victim was targeted, and the violent attack was not random. They received many copies of Ring doorbells in the area capturing the sound of the gunshots, but are still looking for any surveillance video that shows the parking lot.

    While the police look for the shooter, French Villas resident are worried for their safety.

    “Now, I’m afraid that he would even get up in the morning and leave, going to my car and go into work because of this, so I think this community needs a little bit more security,” resident Evelyn Arguello said.

    Negligent security law requires that owners of property like apartment or condominium complexes maintain safe premises, and that includes appropriate security standards. Having good video surveillance of parking lots is usually a helpful security measure.

    Police are asking for the public’s help. If you have any information on this homicide, call Broward County Crime Stoppers at 954-493-TIPS. It’s possible to remain anonymous, and you may be eligible for a $3,000 reward.

  • Dr. Jovan Rembert, Founder and Principal of West Park School, Struck and Killed by Car While Checking on Students in Bus Crash

    Dr. Jovan Rembert, founder and principal of West Park Preparatory School in West Park, died on Thursday, March 5, after being struck by a car following a bus crash.

    Authorities say the accident happened around 2:30 PM along West Hallandale Beach Boulevard and Southwest 40th Avenue. When Rembert heard one of his school buses had been involved in a fender-bender, he rushed to the scene to make sure his students were okay. While crossing a street, he was struck by a Dodge Charger which kept going around the block, before circling back. At that point, the driver remained on the scene.

    Rembert founded the West Park Preparatory School, and was remembered by students and community members as a caring person who would give the shirt off his back to someone in need.

    “This is a tremendous loss for West Park Preparatory School and our community,” West Park Preparatory School staff members said in a statement. “Dr. Rembert was an amazing family man, father, minister, principal, and friend. He treated all those who he met with compassion and love. As our hearts grieve his loss, we will pull together in prayer while comforting and supporting one another. We are sure his legacy of being a servant leader will live on in the lives of those he touched. #EMBRACEEQUIPEMPOWER.”

    By Friday morning, a memorial had appeared outside the school.

    Sadly, Florida leads the nation in pedestrian deaths. Two separate safety studies have found that nine of the top twenty unsafe areas for pedestrians are in the Sunshine State. Distracted drivers are a major cause of pedestrian-involved accidents. Drivers are encouraged to keep their eyes on the road and slow down when they see pedestrians.

  • Robert Strickler Killed in Boat Crash Caused by Boat on Autopilot in Florida Keys

    Robert Strickler Killed in Boat Crash Caused by Boat on Autopilot in Florida Keys

    On Friday, February 21, Robert M. Strickler, 83, who was visiting from York, Pennsylvania, died in a boat crash in the Florida Keys.

    Authorities say Strickler’s boat was anchored while he fished, and was struck by another boat running on autopilot. The operator of that boat and a passenger, as well as the operator of Strickland’s anchored boat, suffered minor injuries.

    Strickler was an attorney who belonged to the York County Bar Association for more than fifty years, and is remembered by friends for mentoring others and fighting for his clients.

    “It is with great sadness that we share the news of the passing of Attorney Robert M. Strickler,” the YBCA tweeted Saturday. “Gone from our sight but never from our hearts, he will be truly missed. Our condolences are with his family, friends, and colleagues. Details on services are pending.”

    Sadly, boating accidents are not uncommon in Florida. Just the week before Strickler’s accident, a teenager died when the boat he was riding on hit a channel marker off Islamorada and he was ejected from the craft. In 2015, Florida led the nation in boating deaths with 52 fatalities. There are many causes of boating accidents, including distracted pilots, boating under the influence, and mechanical failures.

    Crashes like Strickler’s, involving an autopilot, have become more common due to increased use of the technology. According to the BoatUS Marine Insurance Program, Electronically Aided Collisions (EACs) are increasingly problematic. They note that boaters should always have a lookout keeping an eye on things when using the autopilot feature. However, autopilots can be risky even with an experienced lookout at the helm. BoatUS cited one claim where a 37-foot powerboat ran over a 19-foot fishing boat on Lake Michigan, even though the boat operator had left an experienced boater as lookout while he went downstairs to check a map. The lookout simply failed to see the smaller boat—until the powerboat ran into it, throwing three riders into the air and killing one of them.

    Last year in San Diego, two boaters had to be rescued after they set the autopilot on their boat and went to sleep. The boat proceeded to crash into a cave off Point Loma, leaving them stranded until rescue crews could arrive.

  • Alina Palla Acosta Killed by Speeding Nissan While Rollerblading in Pompano Beach

    Alina Palla Acosta Killed by Speeding Nissan While Rollerblading in Pompano Beach

    Alina Palla Acosta, 27, died in a bizarre accident on Wednesday, February 19, while rollerblading in Pompano Beach.

    According to the Broward County Sheriff’s Office, Acosta was rollerblading down a multipurpose path along the 600 block of Northeast 10th Street. The driver of a speeding silver Nissan lost control of the vehicle and hit a tree nearby a little after 5 PM. Detectives who worked the scene said the car was going so fast, it split in two, sending flying debris everywhere. Sadly, a piece of debris hit Acosta, pinning her to a pole. She was later pronounced dead.

    The driver, 25-year-old Endail Thomas, and a passenger of the Nissan were taken to a local hospital, where they remain in critical condition.

    Residents of the area say speeding is a major problem and they wish more could be done to address it. Some even say they’re reconsidering their use of the trail.

    “I rollerblade here all the time. That’s really scary, especially with my dog,” said area resident Brooke Kosher. “I would say I wouldn’t be as fast to react.”

    “She was such a great person. She didn’t deserve this,” said Acosta’s longtime friend Daniela Del Ciampo.

    Acosta’s friends and family have set up a GoFundMe to raise money to send her body home to Brazil.

  • Thomas Eades of Tequestra Killed After Car Rear Ends Motorcycle on the Turnpike

    Thomas Eades of Tequestra Killed After Car Rear Ends Motorcycle on the Turnpike

    Thomas Eades, 63, of Tequestra died on Wednesday, February 19, when his motorcycle was rear-ended on the Turnpike in Palm Beach County.

    Florida Highway Patrol (FHP) officials say the three-vehicle wreck happened around 6:40 PM, near mile marker 81 and the Atlantic Avenue exit. Eades was riding a 2019 Harley-Davidson Road Glide behind a 2006 Ford F-150. There was a 2014 Honda Civic behind Eades’ motorcycle. For some reason, the Civic crashed into the rear of the motorcycle, sending it crashing into the F-150 and ejecting Eades. Sadly, he was pronounced dead at the scene.

    Unfortunately, Florida is the deadliest state in the country for motorcycle riders. According to the National Highway Traffic Safety Administration (NHTSA), 586 people died in motorcycle crashes in Florida in 2016 alone. Many motorcycle accidents involve vehicles turning into the path of a cycle, simply because they don’t see it. For this reason, drivers are urged to “Look twice and save a life.”

    However, this is usually not the cause of rear-end accidents. These types of crashes are commonly caused by speeding, distracted driving, road rage, fatigued driving, and driving under the influence.

    FHP officials say charges are pending in the accident case.

  • Emma Afra and Viviane Brahms Killed When Their Car Rolls Off Ferry Between Miami Beach and Fisher Island

    Emma Afra and Viviane Brahms Killed When Their Car Rolls Off Ferry Between Miami Beach and Fisher Island

    Two people died on Tuesday, February 18, when the car they were riding in rolled off a Fisher Island Ferry that was carrying cars and passengers off the island.

    Officials from the Miami Dade Police Department (MDPD) say the accident happened around 4 PM on Tuesday. Emma Afra, 63, of Miami, and Viviane Brahms, 75, of Harrison, New York, were riding inside a 2019 Mercedes. Somehow, the car rolled off the ferry and sank in Government Cut, a 50-foot-deep manmade shipping channel.

    Miami Dade Fire Rescue and MDPD worked together to try to rescue the passengers, sending divers down to locate the car. They eventually found the vehicle with the two unresponsive victims inside. The car was later recovered, and the two women inside were pronounced dead.

    “The United States Coast Guard will be conducting a maritime incident investigation, and the Miami-Dade Police Department will conduct the death investigation,” police spokesperson Alvaro Zabaleta said in a statement Wednesday.

    Roberto Sosa, president and CEO of the Fisher Island Community Association, expressed the community’s sadness over the tragedy, and stated that the community association would provide grief counseling for residents, guests, and employees.

    Globally, between 2015 and 2019, at least 6,000 passengers have died or gone missing on ferryboats, according to a rough tally from the Worldwide Ferry Association. However, most of these deaths happen in other countries with less strict safety standards.

    “In the past 20 years, ferry fatalities are very few in the United States,” said Roberta Weisbrod, the executive director of the New York-based Worldwide Ferry Association. “It’s very rare in developed countries.”

    Authorities still aren’t sure how the car went off the ferry, as they haven’t found video of the incident. However, it’s typical for the crew to place blocks, called chocks, under vehicle tires to prevent the cars from rolling forward. (Drivers are also instructed to use their parking brakes.) Currently officials believe the ferry’s crew used them on the day of the accident, including on the Mercedes.

    Then there’s the thin netting strung up at the edge of the boat, which proved to be no help at all. Weisbrod, of the ferry association, said photos of the Pelican’s barrier show it was nothing more than a visual marker to show the edge of the vessel. “As opposed to something really effective, something that would hold back a roll,” she said, adding that similar ferries in other cities have heavy metal gates to prevent accidents.

    Afra was a philanthropist who worked to stop child abuse and human trafficking. Her sister, Mary Davis, said she was a wonderful sister and daughter.

  • Construction Worker Killed After Being Hit by Car on I-95

    Construction Worker Killed After Being Hit by Car on I-95

    An early morning accident on Interstate 95 in Miami led to the death of a worker doing construction nearby on Sunday, February 16.

    Florida Highway Patrol (FHP) officials say the accident happened around 2 AM on Sunday, in the southbound lanes near 62nd Street. They report that a black SUV crashed into a white Toyota sedan. The collision sent the SUV flying into the nearby construction zone, where it struck a worker. He was rushed to a nearby hospital, where he later died.

    Sadly, construction site injuries and deaths are not uncommon. The Bureau of Labor statistics reports there are about 150,000 construction site injuries every year in the US. Annually, more than 300 people die in work-related accidents in the state of Florida alone. The most common causes of construction site deaths and injuries are falls and interactions with equipment, but failing to secure a work site can lead to all sorts of accidents.

    Companies that set up construction close to a major highway like I-95 need to be careful to protect workers from accidents involving vehicles. This may include things like putting up the proper signage, diverting traffic when crews need to work on the road itself or very close to it, and making sure workers are kept a safe distance from moving traffic in all situations.

    Drivers should also be especially careful driving in or near highway work zones. In some areas, fines for traffic violations increase in these areas in order to ensure drivers continue at a slow and safe speed.

  • 2-year-old Killed When Driver Crashes Into Vendor Tent near Homestead

    2-year-old Killed When Driver Crashes Into Vendor Tent near Homestead

    On Friday, February 14, 2-year-old Anthony De Leon died after being pinned under a car that crashed into a vendor tent.

    Florida Highway Patrol (FHP) say the boy was with his mother, who was selling Valentine’s Day gifts in a parking lot vendor tent. A 2019 Dodge Charger, driven by 42-year-old Hanskabell Amargos, was heading north on U.S. 1 near Southwest 296th Street a little before 1 PM. For unknown reasons, the car veered into the parking lot and crashed into the tent. Sadly, De Leon was pinned under the car. Bystanders rushed to help, including the owner of a nearby auto body shop, who ran over with a jack and tried to get the car off the little boy. First responders arrived and took De Leon to a local medical center, where he later died.

    Sadly, Florida leads the nation in deaths of pedestrians being hit by cars. These accidents typically happen on or near roadways, but as we see in this case, people in parking lots may be killed if a car veers off the road for any reason.

    Annually, the US averages nearly 400 children a year killed from being hit by a car. Most are not in tents when this happens, but their short stature makes them difficult to see. Drivers are always advised to look carefully, especially in parking lots where young children may dart out from between a row of cars unexpectedly.

  • Cherry Hill Mini Market in Boynton Beach, Already the Scene of an October Homicide, Suffers Another Fatal Shooting

    Cherry Hill Mini Market in Boynton Beach, Already the Scene of an October Homicide, Suffers Another Fatal Shooting

    On Thursday morning, February 6, the Cherry Hill Mini Market in Boynton Beach suffered its second fatal shooting in six months.

    Boynton Beach police say they responded to a 911 call about the shooting a little after 10 AM. Sadly, the victim was pronounced dead. Police have not yet released his name.

    Due to the shooting, nearby Poinciana Elementary School was placed on lock down. No one was injured at the school and the lock down was later lifted. Still, residents in the area were shook at the news of the sudden and shocking violence.

    Police later arrested 27-year-old Antwon Bryant and charged him with first-degree murder in the shooting.

    Cherry Hill Mini Market no stranger to tragedy

    Sadly, the Cherry Hill Mini Market is no stranger to tragedy. In October of 2019, two people were shot at the market, one of them fatally. Our law firm is currently representing the family of one of the victims in a lawsuit against the market for their negligence in securing the property and the safety of their patrons. When a business, premises, bar, restaurant, hotel, apartment complex, or other public space doesn’t provide adequate security to protect the wellbeing and lives of the people it serves, there can be a negligence claim under Florida law, and we will stop at nothing to hold the Defendant businesses or property owners liable under that law.

    This area of personal injury practice is called negligent security. You can read more about this practice area, which we specialize in, by clicking here. You can also browse other negligent security stories from all over Palm Beach County and Florida in our blog archives.

    Unfortunately, the October incident hasn’t inspired enough improvements in security to prevent the February 6 tragedy from happening.

  • Billy Clark Davis of Deland Killed by Train at Railroad Crossing with No Stop Arm

    Billy Clark Davis of Deland Killed by Train at Railroad Crossing with No Stop Arm

    On Monday, January 20, Billy Clark Davis, 87, died after his vehicle was hit by a train.

    Florida Highway Patrol (FHP) troopers say the crash was reported around 1:15 AM at West Beresford Road and Alexander Drive, just west of Deland. Davis was driving a pickup truck and turned to try to cross the tracks. Unfortunately, his vehicle became stuck and the front of it was struck by a freight train, then dragged about 500 feet before the train could stop. Sadly, Davis was pronounced dead at the scene. Two people on board the train were unhurt.

    Troopers confirm this particular crossing doesn’t have a stop arm to prevent drivers from crossing when a train is near. There is some signage about the railroad crossing.

    Florida ranks number 6 among states with the highest number of deaths at railroad crossings. Between 2014 and 2018, the state saw more than 460 railway accidents, and about 16 percent resulted in fatalities. Another 25 percent caused injuries. The majority of fatal train crashes happened in South Florida, and were more common among the fast-moving Brightline trains.

    Slower-moving freight trains like the one that hit Clark’s car are generally less likely to be involved in fatal accidents. However, accidents are more likely to occur at crossings without stop arms. The US Department of Transportation (USDOT) has found that in some cases, fatal train accidents are caused by poor railroad maintenance, including malfunction or absence of cautionary devices like lights and stop arms to warn drivers of coming trains.