The Haggard Law Firm’s Todd Michaels and attorney Michael Lewenz of Zebersky Payne have obtained a $1 Million policy limits settlement in a negligent security case where the victim was shot three times.
On July 22, 2018 Dennis Barker entered the Fiesta Food Market in Ft. Lauderdale, Florida to make a purchase. After exiting the market, while still on the defendants’ property, Mr. Barker was confronted by an assailant who robbed him at gunpoint. During the confrontation the assailant shot Mr. Barker three times.
The gunshots caused major injury, primarily to Mr. Barker‘s left leg. As a result of his injury Mr. Barker had no recollection of the incident.
An investigation showed that the convenience store had a four-year criminal history including six narcotic incidents, four robberies, and two aggravated assaults. The property had no reasonable security features and had been in violation of the Convenience Business Security Act, a Florida Statute which sets minimum security standards for convenience businesses.
The defendants were insured under a common policy with only $1 million in coverage. Soon after filing the lawsuit, a demand was sent to the defendants for their policy limits. The defendants accepted the demand and tendered their one million dollar policy limits.
Michaels said, “The defendants had ample opportunity and notice that security measures were needed.” He added, “investments in security should have been made after the first of the litany of crimes on the property our investigation uncovered in the years leading up to our client’s preventable tragedy. A tragedy that will forever change his life.”
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