L-R Michael Haggard and Adam Finkel, Haggard Law Firm in Coral Gables. Courtesy Photos
Two Coral Gables attorneys obtained a multimillion-dollar pre-lawsuit settlement for their client, a father of four.
Their client Paul Barry-Austin became paralyzed more than a year ago after he sought to defend his family from suspicious people nearby his Miami apartment, according to court filings.
Attorneys Michael Haggard and Adam Finkel, the managing partner and the associate at the Haggard Law Firm in Coral Gables who represented Barry-Austin in the litigation, said this negligent security case is part of a larger trend that businesses have to reckon with to avoid exposure from expensive litigation.
"Security is on everyone's mind right now," Haggard said. "Not only because of what has been going on in the capital, but with mass shootings and the violence in our society, companies are on notice that this could happen to one of their guests.
"That gives you a glimpse as to why an insurance carrier settled this early in the case," Haggard said, while adding, "because they are starting to recognize more than, say, five years ago that they have a responsibility to protect their guests and when they don't these cases can be very large in front of a jury."
In this case, the dispute involved Barry-Austin, 33 years old, who was spending time with his wife and children outside after work near his Alhambra Cove Apartment. Haggard said his client's wife noticed what she thought was a couple of suspicious-looking men roaming the parking lot of the apartment complex.
Barry-Austin, who was worried about his family's safety, went over to take a closer look because "numerous violent felonies" have occurred in the area and there were no security guards patrolling the property, the attorney said.
Haggard said soon after entering the parking lot, Barry-Austin, armed with a machete in his hand, was found lying in the parking lot in a puddle of his own blood after being shot in the back.
And to prevail for his client, Haggard said the biggest challenge was overcoming the "entire defense" that Cornerstone Development Corp., the property owner, raised when it blamed Barry-Austin for engaging with the suspected assailants rather than calling the police.
Paul Barry-Austin. Courtesy Photo
While Frederick Hasty, III, a partner at Wicker Smith in Miami who represented Cornerstone, did not respond to a request for comment, his client had installed surveillance cameras at both the clubhouse and maintenance house before the shooting, but not near the residences.
Haggard claimed the installation of the cameras was not enough. Now, the Coral Gables litigators have recovered $5 million in a pre-lawsuit settlement for their client, Berry-Austin, to help him cover his past and future medical expenses and his pain and suffering arising from this catastrophic injury.
And Haggard said one of the lessons of this case for attorneys is not to be intimidated by comparative negligence cases, if the client happened to live in an area that could be categorized as a dangerous place, such as where Barry-Austin was shot and paralyzed.
"Guess who lives in dangerous areas? People who work very hard, don't have a lot of money and they have to be protected," Haggard said. "Businesses are finally starting to recognize they have a duty under the law to protect their tenants."
Michael A. Mora
Michael is the national cryptocurrency litigation reporter for Law.com, as well as an editor for ALM Global. He earned his master's degree from the Columbia University Graduate School of Journalism and is based in St. Petersburg, Florida. Reach him at [email protected].