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ARTICLE ID 8345
Alleged negligent security in Miami office building - Sexual assault - Post-traumatic stress disorder - Depression.
Miami-Dade County
The plaintiff was a female in her 30s who worked in a Miami office
building owned by the defendant. The plaintiff claimed the defendant
failed to provide adequate security at the building to prevent her
from being sexually assaulted in the ladies restroom. The defendant
maintained that security was adequate and the crime was not foreseeable
nor preventable.
The plaintiff testified that she obtained a key to the ladies room
from her office and proceeded to the restroom during regular business
hours. As the plaintiff unlocked the door, she testified a man pushed
into the bathroom behind her. The assailant attacked and digitally
penetrated the plaintiff prior to fleeing the scene, according to
the plaintiff’s testimony.
The plaintiff’s security expert testified that the defendant’s office
building was located in a high crime area and the crime was foreseeable.
The defendant’s provision of security guards only at night was inadequate,
according to the opinion of the plaintiff’s expert.
The plaintiff’s treating psychologist testified the plaintiff suffered
continuing psychological injuries stemming from the incident, including
post-traumatic stress disorder, depression and anxiety.
@TITLEHD = DEFENDANTS’ CONTENTIONS
The defendant’s security expert testified that the attack upon the
plaintiff was not foreseeable nor preventable. The defendant’s expert
opined the security in place at the time of the attack was appropriate
for the building.
The defendant’s psychiatrist testified the plaintiff did not sustain
post-traumatic stress disorder as a result of the accident and that
her current psychological diagnosis was related to other stress factors
in her life.
The jury found no negligence on the part of the defendant which was
a legal cause of injury to the plaintiff. The case settled after the
verdict for $________ in exchange for the plaintiff’s waiver of post-trial
motions or an appeal.
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- Determine if a case is winnable and recovery amounts.
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- Support a settlement demand by establishing precedent.
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- Defeat or support post-trial motions through past case histories.
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