U.S. Capital

Florida Jury Awards 24 Million Dollars in Wrongful Death Lawsuit

Aug 25, 2015

Tampa, FL (Law Firm Newswire) August 25, 2015 – A Florida jury awarded $24 million to a man whose pregnant wife died when a vehicle crashed into their pool cabana.

The jury handed down the verdict in favor of Michael Demella, whose wife, Alanna, was killed at the Riverside Hotel in Fort Lauderdale when she was struck by a drunk driver.

“When a loved one is lost due to another’s negligence, a wrongful death lawsuit can provide some compensation to the grieving family,” said Robert Joyce, a Tampa wrongful death attorney with Joyce & Reyes, who is not involved in the case.

Michael Demella filed the lawsuit against the driver, Rosa Rivera Kim, the Riverside Hotel, and Kim’s husband. The hotel became the sole defendant after the Kims were removed from the lawsuit. Kim was convicted of drunk driving after authorities measured her blood alcohol level at 0.24, which is three times the legal limit when driving. The jury found Kim 85 percent responsible for the woman’s death and found the hotel 15 percent responsible. The Riverside Hotel must pay Demella $3.6 million.

Demella argued that there was a history of unsafe driving on the stretch of road near where the accident occurred, and the hotel was negligent in not taking action to create a protective barrier. Kim failed to follow the curve of the road, causing her to plow into the cabana building. In January, she was sentenced to 15 years in prison.

The hotel released a statement indicating that it would appeal. The statement said that the jury properly found that the majority of the responsibility for the accident should be placed on the drunk driver, but that the hotel looked forward to overturning the verdict.

Learn more at http://www.joyceandreyespa.com

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

View Larger Map

  • Florida appeals court rules against some medical malpractice damages caps
    In a victory for the rights of injured people, a Florida appeals court ruled that limits on certain damages for pain and suffering in personal injury cases are unconstitutional. In 2003, the Florida legislature set limits of $500,000 in “non-economic damages,” such as damages for pain and suffering, in personal injury cases. In 2014, the […]
  • Administration proposes new rules to help prevent nursing home abuse
    The Obama administration has proposed modernizing federal safety rules that nursing homes must abide by in order to receive Medicaid and Medicare payments. Sylvia Burwell, the Secretary of Health and Human Services, said that the proposed changes set high standards for safety and quality in nursing homes. The proposals were announced as part of the […]
  • Father and son hit by boat propeller settle brain injury lawsuit for $12 million
    A father and son who were seriously injured when a boat backed over them while they were scuba diving have settled their lawsuit against the scuba diving center for $12 million. Jared Adkins and his son settled the lawsuit against the Florida Keys Dive Center in Tavernier, after the dive center initially argued that it […]
  • Final pill mill suspect arrested
    The final suspect accused of crimes related to a now defunct pain clinic has been arrested by the Broward Sheriff’s Office. Presmil Masson Jr. was arrested June 1 on six counts of manslaughter and two counts of racketeering. Pam Bondi, the Attorney General of Florida, had announced previously that eight people had been charged in […]
  • Tampa woman sues Tampa Police Department over brain injury
    The Tampa Police Department was sued by a Tampa woman who alleges that a police officer slammed her head into the pavement in a 2014 incident, causing a serious brain injury. According to the complaint filed in federal court, Rachel Stockwell, then a student at the University of Tampa, had to leave school due to […]