$______ VERDICT - NEGLIGENT SECURITY - ASSAULT AND BATTERY - PLAINTIFF MAINTAINS OFFDUTY POLICE OFFICER ACTING AS SECURITY FOR DEFENDANT SUPERMARKET ASSAULTED AND BATTERED HIM WHILE HE WAS RESTRAINED, CAUSING HIM SIGNIFICANT INJURIES - BROKEN RIB - SEVERE INJURY TO COCCYX REQUIRING SURGERY TO REPAIR AND TO STOP BLEEDING.

• Pages: 3-5

fracture. The plaintiff treated with open reduction and internal fixation with

hardware. The plaintiff had a second surgery to remove hardware.

The court found as a matter of law that the defendants were negligent as a

result of their actions or inactions on December 5, 2019 and the matter went

to trial as to damages only.

The jury awarded damages in the amount of $2,380,618 broken down as

follows: $79,356 in past lost earning capacity; $680,200 in future lost earning

capacity; $162,061 in past medical expenses; $60,000 in future medical ex-

penses; $85,000 in past non-economic damages; and $1,314,000 in future

non-economic damages. Following the verdict, the plaintiff sought to join

the defendant’s insurer to collect damages from the defendant’s insurance

policy.

REFERENCE

Ramirez vs. Southeast Marine Center, LLC. Case no. 2020-022510-CA-01;

Judge Carlos Guzman, 04-11-22.

Attorneys for plaintiff: Ronald D. Rodman and Melba C. Rivera

Sotomayor of Friedman, Rodman, Frank & Estrada P.A. in Miami, FL.

$1,300,000 VERDICT – NEGLIGENT SECURITY –

ASSAULT AND BATTERY – PLAINTIFF MAINTAINS OFF-

DUTY POLICE OFFICER ACTING AS SECURITY FOR

DEFENDANT SUPERMARKET ASSAULTED AND

BATTERED HIM WHILE HE WAS RESTRAINED, CAUSING

HIM SIGNIFICANT INJURIES – BROKEN RIB – SEVERE

INJURY TO COCCYX REQUIRING SURGERY TO REPAIR

AND TO STOP BLEEDING.

Miami-Dade County, FL

In this negligent security case, the plaintiff, a 51-year-old man,

asserted that the defendant’s agent, acting as a security officer,

viciously, maliciously, wrongfully, unlawfully, and without legal

justification or excuse wrongfully detained, assaulted, and battered

the plaintiff. The plaintiff argued that the defendant negligently

hired, retained and supervised its employee breaching its duty of

care to customers and the plaintiff. The plaintiff argued that the

defendant was vicariously liable for the assault and battery by its

employee on the plaintiff. The security officer argued that he had to

intervene because the plaintiff got into an argument with the

defendant’s store clerk. The officer noted that the plaintiff had been

arrested several times prior to the incident in this case, has anger

control problems, and a psychiatric history.

On June 29, 2012, the plaintiff went to the defendant supermarket located

at 3001 N.W. 17th Ave. in Miami, to buy groceries and cash in a winning lot-

tery ticket. The plaintiff received the money from the lottery ticket but did not

get the ticket back, as is standard. The plaintiff went back into the store to

speak with the clerk and attempt to get his ticket. Upon entering the store, an

off-duty police officer acting as security for the defendant store, confronted

the plaintiff aggressively and asserted that he had no right to be in the super-

market. When confronted, the plaintiff passively attempted to explain to the

defendant’s officer why he was coming inside the store but the defendant’s

agent escalated the conversation and began to verbally abuse the plaintiff

shouting that he was a delinquent and demanding that the plaintiff “show

him his hands.”

The defendant’s officer then placed handcuffs on the plaintiff to detain him

and proceeded to beat and kick him while he was restrained causing him

broken bones and the extrusion of his intestines from his anus. The defen-

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