For the Second Time, $1 Million Negligent Security Case Policy Limit Settlement Against Food Market
The Haggard Law Firm, led by attorneys Kimberly Wald and Michael Haggard, has secured a $1 million policy limit settlement in a personal injury negligent security case. This marks the second successful negligent security case litigated by the firm against the same defendant.
The recent case stems from a drive-by shooting incident that occurred on June 17, 2023, at the Fiesta Food Market on Sunrise Blvd in Fort Lauderdale, Florida. A 26-year-old man was an innocent bystander at the store when an unknown assailant drove by and opened fire in the parking lot. The victim, The Haggard Law Firm’s client, was shot multiple times, sustaining serious injuries, including gunshot wounds to his thigh, bowel, and bladder. While he has made significant progress in his recovery, he continues to live with the painful physical and emotional scars of the attack, including permanent scars on his legs and stomach.
The Haggard Law Firm’s investigation revealed there was a lack of adequate security at Fiesta Food Market. Wald and Haggard argued if necessary security measures to protect customers from such incidents were in place their client would have not suffered these injuries. Defense argued that this was a targeted shooting which occurred off of their property and thus they could not prevent this crime from occurring.
Unfortunately, this is not the first time the firm has taken action against Fiesta Food Market for negligent security. In a prior case, The Haggard Law Firm represented another gunshot victim who was also shot at the same store. That case resulted in a settlement of $1 million, paid from the defendant’s full policy limit.
Attorneys Kimberly Wald and Michael Haggard
“We have handled negligent security cases nationwide for decades,” says Michael Haggard. “Often, after we achieve a just settlement or verdict, defendants learn from the experience and make changes to improve safety. Unfortunately in this case, the necessary changes were not made, putting our client in the latest case at risk.”
If you or a loved one has been injured or killed due to negligent security, The Haggard Law Firm is here to help. With years of experience, we fight tirelessly for justice, change, and the compensation our clients deserve. Contact us today for a free consultation.
Florida Court Affirms $13 Million Verdict in Wrongful Death Product Liability Case
The Florida Third District Court of Appeals has upheld a $13 million verdict in a wrongful death product liability case litigated by The Haggard Law Firm, led by attorneys Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, and Haggard Law appellate attorney Jim Blecke. This decision, which stems from a verdict in Miami-Dade County Court in July 2023, involves the carbon monoxide poisoning death of Matthew Burns, a beloved father of two, resulting from his use of a piece of equipment he rented from Sunbelt Rentals, Inc.
Court’s Decision on Expert Testimony
The court’s ruling addressed the defendant’s objections regarding the testimony of two plaintiff’s experts under the Daubert standard, as well as the claim that one of the Estate’s experts provided “surprise” testimony. Sunbelt Rentals, the defendant in the case, argued that excluding this expert testimony would have left the record insufficient to support the jury’s verdict and requested an entire dismissal of the case. The appellate court rejected these arguments and affirmed the jury’s decision, ensuring justice for the Burns family (click below to read the court opinion).
On July 12, 2019, Matthew Burns tragically lost his life due to carbon monoxide poisoning while operating a “Shot Blaster” machine, which he had rented from Sunbelt Rentals. Attorneys Echarte, Michaels, and Santos argued that Sunbelt Rentals was negligent in renting out the equipment without the necessary safety equipment, including a carbon monoxide monitor, and failing to warn Mr. Burns of the need for such equipment. Sunbelt was aware that the machine would be used in indoor or partially enclosed environments, putting operators like Mr. Burns at serious risk for carbon monoxide poisoning. The legal team further highlighted that Sunbelt Rentals failed to follow the manufacturer’s instructions and warnings in the machine’s manual. As per the manufacturer’s safety guidelines, Sunbelt should have informed Mr. Burns to use a portable carbon monoxide monitor and ensure he received proper training before operating the machine.
Matthew Burns’ Family’s Heartbreaking Loss
Matthew Burns left behind his wife and their twin children. Through their dedicated legal work, The Haggard Law Firm has ensured that the Burns family received justice for their devastating loss and highlighted the urgent need for better safety standards in the rental equipment industry.
Experienced Attorneys in Complex Product Liability Cases
The Haggard Law Firm has a proven track record in handling some of the most complex product liability cases nationwide. Our team has represented families affected by dangerous products ranging from faulty theme park rides to defective boating equipment, unsafe sports gear, and hazardous pool drains. We are committed to helping victims of product failures seek justice and compensation for their losses.
Child Dies in Michigan Hyperbaric Chamber Explosion
(Stock Image – This is not the chamber referred to in this story)
Friday a 5-year-old boy died in an explosion inside a hyperbaric chamber at The Oxford Center in Troy, Michigan. First responders found the boy dead inside the chamber, and his mother, who was standing next to it, suffered arm injuries. The incident occurred during hyperbaric oxygen therapy, which uses high-pressure oxygen to treat various conditions, though the exact cause of the explosion remains under investigation. The Oxford Center, which has been providing such therapy for 15 years, expressed sorrow and vowed to cooperate fully with the investigation.
This tragic event has brought renewed attention to the risks of hyperbaric therapy, especially in non-FDA approved treatments. Hyperbaric chambers, which operate in a pressurized, oxygen-rich environment, are highly combustible, and the explosion is thought to have been fueled by the oxygen present.
A Similar Tragedy: Francesco Martinisi’s Fatal Journey
The incident in Troy echoes a devastating tragedy from 2009 when 4-year-old Francesco Martinisi, who had cerebral palsy, died in a hyperbaric chamber explosion at a clinic in Lauderdale-by-the-Sea, Florida. Francesco’s grandmother also perished in the fire. The Haggard Law Firm represented the family in the wrongful death product liability case. During the case The Haggard Law Firm’s Michael Haggard discovered that the clinic used outdated equipment, contributing to the explosion. Haggard’s efforts helped secure justice for the Martinisi family, but the case highlighted critical safety failures in hyperbaric treatment.
A Call for Greater Accountability
The Haggard Law Firm continues to fight for families affected by similar, preventable tragedies and is stressing the need for stronger safety regulations in hyperbaric therapy centers. “There is no excuse for these types of incidents,” Haggard said. “Stricter oversight and safety protocols are essential to prevent further tragedies.”
Michael Haggard
As investigations into the Troy incident unfold, the hope is latest tragedy will prompt reforms in hyperbaric therapy practices. For now, the families involved are left grappling with a devastating loss.
$2 Million Negligent Security Wrongful Death Settlement – Florida
The Haggard Law Firm’s Douglas McCarron has secured a $2 Million policy limit settlement in a wrongful death negligent security case involving a shooting a gas station.
Per terms of the settlement, the names of the parties cannot be released.
It is beyond dispute that the defendant’s’ property, a gas station and convenience store, had genuine security concerns and that the defendants did nothing reasonable to try to make the property safe or react to the problems it should have known. The evidence clearly showed that the defendants, through its negligent security and willful disregard for safety, proximately caused of the attack and death of The Haggard Law Firm’s client, “John Doe”.
Over the last few years, violent crime was rampant at the Defendants Palm Beach County, Florida property and in the surrounding neighborhood. The foreseeability of violent crime occurring at property was beyond dispute. A national crime indicator, utilized by companies throughout the US, indicated that that the likelihood of Crimes Against Persons at the gas station/liquor store was 7.54 times the national average. The risk of Homicide occurring at the property, was 8.99 times the national average while the risk of Rape was 7.88 times the national average, Aggravated Assault was at 9.52, and Robbery was at 7.41.
Despite these risks, the defendants failed to provide security, reasonable or otherwise. These failures allowed a masked man to loiter on the property and then shot Mr. Doe as he was walking into the store.
$26 Million Policy Settlement in Las Vegas Non-Fatal Drowning
The Haggard Law Firm, led by Michal Haggard and Kimberly Wald, along with co-counsel, Gregory Kraemer of Morgan & Morgan secured a $26 million policy limits settlement in a near-fatal drowning case involving a 2-year-old boy. Jasper Richard, suffered a catastrophic brain injury after gaining access to an apartment complex pool in Las Vegas, Nevada. The incident, which took place in May 2023 at the Summer Winds apartment complex, has brought attention to critical issues related to pool safety and property management.
The Tragic Incident: An Anoxic Brain Injury
On the day of the near-fatal drowning, 2-year-old Jasper was playing unsupervised when he entered the pool through a broken pool gate at the apartment complex. Jasper was alone at the time of the incident, and his mother was unaware, as she was asleep in their apartment. He suffered an anoxic brain injury—a condition caused by a lack of oxygen to the brain.
As a result of the accident, Jasper now faces lifelong medical challenges, requiring constant care. To date, his medical bills have exceeded $4 million, and he will continue to need a ventilator, tracheostomy, and feeding G-tube for the rest of his life.
Defendants’ Argument: Negligence and Liability
In the aftermath of the drowning, the defendants attempted to shift the blame to Jasper’s mother. They argued that Jasper had been found, outside of his apartment, unsupervised, near the pool, at least three times prior to this drowning. They further argued that if she had been properly supervising her son, the tragic incident could have been avoided. Additionally, they claimed that the pool gate was functioning correctly, as it had been inspected just hours before the drowning occurred.
However, the investigation led by Haggard and Wald uncovered critical evidence that ultimately contributed to key lynchpin in the case for Jasper’s family. Their investigation revealed the pool gate had been in disrepair for months prior to the incident, violating safety standards set forth by the Southern Nevada Health District.
The Haggard Law Firm’s Michael Haggard and Kimberly Wald
Pool Gate Safety Violations: A Key Factor in the Drowning
Haggard and Wald’s investigation revealed that on February 6, 2024—three months before the drowning—an inspection found that the pool gate at the Summer Winds apartment complex was non-compliant with safety regulations. Specifically, the inspection report highlighted that the gate did not “self-latch from any open position,” which was a violation of the standards set by the Southern Nevada Health District. The report stated that the gate needed to be repaired to ensure safety before the pool could be reopened.
This critical evidence demonstrated that the property management had been negligent in addressing the safety concerns with the pool gate, and that this negligence directly contributed to the tragic drowning.
A Lifelong Injury and the Need for Justice
As a result of the drowning, Jasper sustained an anoxic traumatic brain injury, which has left him with permanent disabilities. The child now requires round-the-clock medical care, and his condition will require lifelong treatment and support. Jasper’s family, particularly his mother, is now faced with the emotional and financial burden of providing for his complex medical needs.
“We hope the resolution of this case brings some peace to Jasper’s family,” said Michal Haggard. “The funds secured in this settlement are critical for covering his ongoing medical care, which will be required for the rest of his life.” Kimberly Wald added, “Had the property management acted on the Health District’s notice of non-compliance with the same urgency that they would if it were their own child at risk, this devastating injury would have never occurred.”
The Importance of Pool Safety: A Reminder for Property Owners
This case serves as a tragic reminder of the responsibility that property owners, particularly apartment complex managers, have when it comes to maintaining safe environments for residents and their families. In many drowning cases, including this one, simple but vital safety measures—like ensuring that pool gates are properly maintained and self-latching—could have prevented a life-altering injury.
“Over the years, we’ve seen far too many instances where apartment complexes are aware of broken gates or fences and fail to address the issue with urgency,” said Haggard, a member of the National Drowning Prevention Alliance (NDPA) Board. “This case outcome is a wake-up call that when lives are devastated due to professional negligence, those responsible must be held accountable for their errors.”
The Haggard Law Firm: Advocating for Families Affected by Drowning Accidents
The Haggard Law Firm has a long history of advocating for families who have been impacted by fatal and non-fatal drownings. With decades of experience handling complex personal injury cases, the firm has successfully secured millions in compensation for victims of drowning accidents caused by negligence. Haggard, Wald, and their team continue to fight for justice, holding negligent property owners accountable for their actions.
If you or a family member has been injured in a drowning accident or suffered from pool-related negligence, contact The Haggard Law Firm today for a free consultation. Our legal team is dedicated to holding negligent parties accountable and securing the financial resources necessary to support the lifelong care of victims. Contact us here.
Orlando Jury Hands Down $310 Million Verdict in Trial Against Manufacturer of Deadly Amusement Park Ride
Sampson family hopes case result will send resounding message to thrill ride industry
Orlando, FL – Following the one-day trial of the Estate of Tyre Sampson vs “FunTimes”, the Austrian-based manufacturer of the FreeFall ride that once towered over Icon Park in Orlando, a jury has passed a $310 Million judgement against the defendants. The trial was argued by Michael Haggard and Kimberly Wald of The Haggard Law Firm, Michael Richardson of Hilliard Law, and attorney Ben Crump
Through the trial Haggard led the jury selection process, witness testimony of Haggard Law client Nekia Dodd, and the closing arguments. Wald delivered the powerful opening statement to the jury and testimony of Tyre’s older brother James Knighton.
It took less than an hour before the jury returned the $310 decision to Judge Margaret Schreiber.
Sampson’s mother Nekia Dodd, father Yarnell Sampson, and oldest brother James Knighton were the only witnesses to testify. 14-year-old Tyre Sampson fell to his death from the FreeFall ride at ICON Park in Orlando, Florida, on March 24, 2022. The ride, a giant free-fall attraction, was defectively designed and altered due to improper manufacturing, leading to Sampson being ejected from his seat as the ride descended. A state investigation found Sampson’s seat was manually adjusted to accommodate his size and he slipped through the restraint as the ride was coming down. There was no SEAT BELTS installed on the thrill-seeking ride.
Multiple lawsuits were filed on behalf of Sampson’s mother, Nekia Dodd and father, Yarnell Sampson. In March of 2023 Orlando’s Icon Park and the operators of the ride, Orlando Eagle Drop Slingshot, settled the civil cases brought against them.
“No amount of money will remove my daily pain and bring my son back” says Sampson’s mother Nekia Dodd. “I pray that his legacy is saving other lives by shaking the thrill ride and amusement park industry into thinking about safety more than anything else.”
“We thank the jury for the resounding statement they made in the courtroom. Unfortunately, many companies and industries don’t begin to make change because of someone’s pain, they do it because it impacts their reputations and bottom-line. That is the hope here. That the combined result of the settlements and this verdict sends shockwaves around the world, so these companies exercise every creative option they have, to increase safety, not just thrills.”
Dodd’s attorney Michael Haggard
“Tyre’s legacy has already made a difference with the passage of the Tyre Sampson Safety Act in Florida and the removal of the Freefall ride from Icon Park. We join Nekia in the ongoing fight to improve safety standards in the thrill industry and trust the jury’s verdict will add fuel to that effort” says Kimberly Wald, another attorney who also represents Dodd.
NEWS CONFERENCE IMMEDIATELY FOLLOWING $310 MILLION VERDICT
$7.65 Million Settlement in Negligent Security Wrongful Death Case
The Haggard Law Firm, led by trial lawyers Kimberly Wald and Michael Haggard, along with co-counsel Charlie Flynn and Paul Basil, have obtained a $7.65 million settlement in a negligent security wrongful death case.
As part of the settlement agreement, the identities of the involved parties remain confidential.
The case centered around a 21-year-old victim, referred to as “John Doe,” who was murdered in a targeted shooting at an apartment complex in Miami, Florida. He is survived by his two young children and two grieving parents.
The shooting was a result of a domestic violence incident. Mr. Doe was dating a woman who had a child with another man. Mr. Doe was sleeping at his girlfriend’s house when, in the middle of the night, the ex-boyfriend broke into the apartment and shot and killed him. There were no signs of forced entry on the door and Defendants alleged that the ex-boyfriend had a key to the apartment. Defendants also argued that Mr. Doe knew that an attack was coming and pointed to text messages between the ex-boyfriend and Mr. Doe where they discussed the ongoing issues, they had with each other.
Wald, Haggard, Flynn and Basil faced other obstacles in this case as well. First, this apartment complex was not located in a high-crime area and this shooting was the first violent crime to occur on the property. Moreover, there were two security guards roving the property at the time of this incident. Despite these obstacles, the attorneys were able to demonstrate that the apartment complex’s negligence in providing adequate security contributed to this preventable tragedy, leading to the significant settlement.
With over 30 years of experience, The Haggard Law Firm has successfully handled hundreds of negligent security cases, particularly those involving gun violence. Our attorneys have secured more than $1 billion in settlements and verdicts, representing clients nationwide in their pursuit of justice.
$7.35 Million Settlement in Negligent Security Wrongful Death Case in Palm Beach County
The Haggard Law Firm’s Todd Michaelsand Joshua Padronrecently secured a **$7.35 million settlement** in a negligent security wrongful death case in Palm Beach County, Florida. This settlement underscores the firm’s continued commitment to advocating for victims and their families in the face of unimaginable and preventable loss.
Case Background
In September 2020, Jenie Barbato ended her relationship with Robert Murray and took critical steps to protect herself and her daughter, Melisa Grace. The pair informed the security company overseeing their Palm Beach County gated community, requesting that Mr. Murray be prohibited from entering the property. The security company assured Jenie and Melisa that he would be barred from access, even posting his picture in security guardhouses to facilitate identification. Despite these assurances, Murray was able to enter the property undetected. He broke into Jenie’s home and stabbed her to death. Jenie left behind four adult children who are now navigating the aftermath of this horrific event.
The Importance of Negligent Security Cases
This case highlights the vital role that security strategies are professionally executed in residential communities. When property management and security companies fail to uphold their duty to protect residents, the consequences can be devastating. The Haggard Law Firm has a long history of representing victims of negligent security, and this case serves as a reminder of the importance of holding such entities accountable.
Advocating for Victims’ Rights
Since 2000, The Haggard Law Firm has successfully secured over **$1 billion in verdicts and settlements** in premises liability and negligent security cases. This commitment to justice reflects our dedication to fighting for the rights of victims and their families by holding the negligent accountable.
If you or a loved one has been affected by a similar situation, it’s essential to understand your rights. Negligent security cases can be complex, but you don’t have to navigate this journey alone. The experienced team at The Haggard Law Firm is here to provide the guidance and support you need. By advocating for victims’ rights and holding accountable those responsible for ensuring safety, we aim to create a safer environment for all. If you have questions about a potential case, contact us today for a consultation. Your voice matters, and we are here to fight for you.
Landmark Settlement in Negligent Security Case: The Haggard Law Firm Secures $28.9 Million for Teen’s Life-Altering Injuries
In a significant victory for victims of preventable crime, The Haggard Law Firm, led by Managing Partner Michael Haggard and partner Douglas McCarron, has successfully secured a $28.9 Million settlement in a catastrophic injury negligent security case stemming from a shooting incident involving a teenager. This case not only highlights the need for adequate security measures in residential complexes but also raises critical questions about the implications of recent tort reform in Florida.
The Incident
On April 17, 2023, 16-year-old Tedrick Moss was shot while visiting a friend at the Village at Delray apartment complex in Delray Beach, Florida. The shooting resulted in catastrophic injuries, rendering Tedrick a quadriplegic. He was rushed to Delray Medical Center, where he received emergency treatment for gunshot wounds to his neck and shoulder. After spending several months at Brooks Rehabilitation in Jacksonville, Tedrick returned home, but his life was forever changed; he now requires 24/7 nursing care and faces ongoing physical and emotional challenges.
A History of Inadequate Security
The Village at Delray’s security measures at the time of the incident were non-existent. An alarming history of violent crime in the vicinity—including armed robberies, assaults, burglaries, sexual assaults, and drug violations—suggested a clear need for enhanced security protocols. In fact, just a day after Tedrick’s shooting, a grandmother was shot and killed in the neighboring apartment complex, underscoring the area’s high crime rate.
The Legal Battle – HB 837
The case has wider implications due to the passing of HB 837 in Florida on March 24, 2023, which implemented new tort reform measures. These measures create significant challenges for plaintiffs in premises liability cases, including the potential for defendants to argue that an intentional tortfeasor (the person who committed the crime) should be included on the verdict form and that a presumption of non-negligence could apply to the defendant in such situations.
Despite these challenges, The Haggard Law Firm was resolute in its approach. From the outset, Haggard and McCarron communicated to the defendants that they were prepared to take the case to trial, refusing to compromise on their demands. This strategy was effective, resulting in a landmark settlement—the first major negligent security case resolved after the implementation of HB 837.
Managing Partner Michael Haggard Trial lawyer Douglas McCarron
A Call for Accountability
This case serves as a stark reminder of the responsibilities that property owners have to ensure the safety of their tenants. The substantial settlement not only provides vital support for Tedrick and his family as they navigate his new reality, but also sends a powerful message to property owners about the importance of maintaining adequate security measures to protect residents from foreseeable harm.
