$40,580,000 Verdict for Assault Victim – Thomas Scolaro obtains record verdict in Key West, Florida

At the end of a contentious trial, in a dead silent courtroom, Attorney Tom Scolaro stood before a Key West jury. He solemnly began to recount the savage beating his client endured in the hotel’s parking garage. The jury sat still, soundless, hanging on every word of Tom’s closing arguments. The photos depicting the aftermath of the attack were horrific. There was blood everywhere, on the floor, on the car, inside the car, on the driver’s side and inside the trunk. As sickening as they were, they failed to convey the barbaric brutality of Holmes’ assault. With carefully chosen words and cadence, Tom grabbed the jurors as though they were at the scene with his client, firsthand witnesses to the worst of humanity. The jury’s reverential attention turned into unbearable horror and helpless compassion.

Long after Tom had uttered his last word, when the jury retired to deliberate, his loud counting to 40 -one count for each time the assailant smashed a hammer into his victim’s head- was still reverberating throughout the halls of the courthouse. It was only a few minutes before the judge and parties were called back to the courtroom. Still visibly shaken like everyone else in attendance, the jury returned with a verdict. The foreperson read the number aloud and with an uncontainable smile, the judge thanked the jury for their service. Tom’s client had just been awarded $40,580,000, a justified record amount in Monroe County’s history.

The hotel’s liability

Central to the case was the issue of negligent security of the hotel. Despite the assailant’s conspicuous presence for a staggering 20 minutes before the assault, security officers and the parking booth attendant failed to intervene or even inquire about his identity. Shockingly, testimonies revealed that multiple individuals observed Holmes roaming freely but chose to disregard the potential threat he posed.

The trial unveiled a disturbing pattern of negligence and disregard for public safety on the hotel’s grounds. Security officers admitted to ignoring suspicious individuals, while the presence of vagrants and homeless people went unchecked. Astonishingly, records revealed over 100 incidents of trespassing in the 12 months leading up to the assault, signaling a systemic failure to address security concerns.

Tom Scolaro meticulously unraveled the hotel’s responsibility in failing to prevent the foreseeable attack. Through compelling evidence and expert testimony, Scolaro exposed the hotel’s repeated decisions to prioritize cost-saving measures over the safety of its patrons and members of the public.

One of the many pivotal moments of the trial came with the revelation of a damning photograph, a glimpse into the inadequate security measures that permeated the hotel’s premises. The image of a prominently placed television in the parking booth served as a poignant reminder of the hotel’s misplaced priorities. While guests sought refuge in the hotel’s amenities, their safety hung in the balance, compromised by negligence and complacency.

The jury was presented with a stark reality and the consequences of the hotel’s negligence and indifference. The verdict marked a historic moment in Monroe County’s history. Tom’s client’s victory and the confidential settlement with the hotel underscored the profound impact of holding negligent property owners accountable. For Tom, Justice was not merely served; it stood as a beacon of hope for future victims of similar tragedies and a stern warning to establishments that prioritize profits over people.

Attorney Thomas Scolaro and his dedicated team at Scolaro Law remain steadfast in their commitment to advocating for victims of negligence. Through tireless efforts, they continue to hold accountable those who prioritize profit margins over public safety, ensuring that crimes are not repeated.

Proving negligent security claims in Florida

It is only recently that Florida Courts have recognized that providing reasonable security against “foreseeable crime” was among the non-delegable duties of property owners. This standard was born out of the control or the right to control one’s own property, while third parties have no control, those who do have control or the right to control owe a duty to invitees.

Property owners can raise multiple defenses to defeat negligent security claims. Invariably, defendants will argue that a crime on their property was not foreseeable, and even if it was foreseeable, there was adequate security. The concept of foreseeability and foreseeable harm to the plaintiff is central to finding liability in an inadequate security case. It requires that the plaintiff prove by the preponderance of the evidence that the defendant is liable for its negligent failure to foresee the risk of harm to the plaintiff. Hence it is imperative for a plaintiff’s negligent security attorney to conduct an exhaustive investigation into the facts but also into the layers of ownership of the property where a crime occurred. Understanding the substantive requirements of proof for this aspect of the tort is a critical component of effective representation.

Representing victims of inadequate security in Miami, Key West, and Florida for over 25 Years

Over four decades, Thomas Scolaro and his team have been helping injured clients in various negligent security cases. If you or a loved one have suffered from a crime or severe injury due to inadequate security, contact Scolaro Law today. You can reach us at (305) 424-2300 to arrange a free case evaluation, or you can directly email Tom Scolaro by filling out this online inquiry on our website.

For further information on negligent security cases throughout Florida, you may review some of our recent verdicts and settlements.