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Palm Beach County, FL

The estate of the 19-year-old male decedent contended that he was an innocent bystander outside a nightclub located in a West Palm Beach mall owned and managed by the defendants when he was shot and killed. The plaintiff alleged that the shooting occurred as a result of the defendant’s failure to provide adequate security at the premises. The defendants contended that the (uninsured) bar assumed security for the area in front of its premises. The defense also argued that the decedent was a participant in the altercation, which led to the fatal shooting and that the incident could not have been prevented by additional security.

The plaintiff alleged that the decedent happened to be outside the bar in the parking lot in June of ________ when an altercation took place. The nightclub employed security personnel “bouncers” inside the bar, but there were none outside the bar. The incident was captured on security video and showed two different groups of individuals smoking cigarettes at a table in the parking lot. Words were exchanged and pushing began followed by the throwing of a water bottle. Punches were exchanged and the shooter whet to his truck, retrieved a gun and began randomly shooting at the other group.

The plaintiff alleged that the premises was located in a high crime area with several violent crimes occurring in the three years prior to the subject shooting, including another shooting death less than a year earlier.

The decedent was shot twice in the chest and was pronounced dead upon arrival at the hospital. He was an undocumented alien from Honduras, and was not employed. The decedent lived with his brother and was survived by his parents who resided in Honduras.

The defendant argued that the co-defendant bar had undertaken security in the area in front of its business as it had placed tables there and used that area for customers to gather and smoke.

The defense also maintained that the plaintiff was involved in the brawl, and that the crime was one of passion and could not have been prevented by additional security.The case was settled prior to trial for a total of $________.

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