03-1234 VAZQUEZ V. LAGO GRANDE

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State: Florida

Court: Florida Third District Court

Docket No: 03-1234 VAZQUEZ V. LAGO GRANDE

Case Date: 12/08/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 JUAN CARLOS VAZQUEZ, as personal Representative of the estate of VICTORIA VALLE, deceased, and on behalf of Jaclyn and Andrews Valle, the minor natural children of the decedent; and CARMEN MARTIN, individually, Appellants, vs. LAGO GRANDE HOMEOWNERS ASSOCIATION and CENTURION PROTECTIVE SERVICES, INC., ** ** ** ** ** ** ** ** LOWER TRIBUNAL NO. 94-18765 CASE NOS. 3D03-1234 3D03-961

Appellees. ** Opinion filed December 8, 2004. Appeals from the Herbert Stettin, Judge. Circuit Court for Miami-Dade County,

Podhurst Orseck and Joel S. Perwin; Beckham & Beckham and Pamela Beckham; Stabinski & Funt and Todd Stabinski; Friedman Rodman & Frank and Ronald Rodman, for appellants. Hunter, Williams & Lynch and Christopher Lynch; Butler Pappas Weihmuller Katz Graig and Anthony J. Russo; Ponzoli Wassenberg Sperkacz & Keller and Ronald Ponzoli, for appellees. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. SCHWARTZ, Chief Judge.

I. This is an appeal from judgments entered for the defendants Lago Grande Homeowners Association, a condominium association, and Centurion Protective Services, Inc., the security company it hired to protect its premises, notwithstanding a jury verdict for the plaintiffs in consolidated wrongful death and personal injury actions. The cases arise from a shooting incident

perpetrated by the ex-husband of a guest of a unit owner who, though the security guards on duty were specifically warned not to do so because of his potential dangerousness, was negligently permitted access to a condominium apartment. After gaining

entry, he shot and killed his ex-wife, shot and wounded another occupant and then committed suicide. under review. II. We draw the factual and procedural history of the case from the appellants' brief which correctly treats the record in the light most favorable to the verdict: The Lago Grande complex is bordered by S.W. 87th Avenue (Galloway Rd.), 122nd Avenue and 68th Street, containing 1,100-1,300 units with 2500-3000 residents-owners and renters. There are three entrances, on the north, east and south sides, each containing a guardhouse. There is a 5-6 foot wall around the entire perimeter, interspersed with sections of sixfoot fencing. The developer first began selling units in 1984, when the Homeowners Association was created; it took over management of the property in 1988. We reverse the judgments

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The developer advertised the complex on the basis of safety, and collected a specific part of the condominium fee for the safety provisions offered by the complex. Although the Defendants argued that the guards at the complex were only there to monitor the comings and goings of residents and guests, the President of the Homeowners Association verified that they were there to protect the safety of residents and guests, and that the residents and guests had a right to expect that the complex would be safe, as promised, and that all visitors, as promised, would be screened. She also acknowledged that Lago Grande had delegated to Centurion its own responsibility for the safety of the residents. To that end, Miami Management secured bids for security services, and the Homeowners Association Board eventually hired a company called Florida Patrol. It was given by the Board a set of protocols, called Post Orders, which required the guards at all three stations to stop everyone entering the complex-resident or visitor, in a car or on foot; check the I.D. cards which all residents were given; and in the case of visitors, call the resident being visited to obtain permission to let the visitor come in. If the resident said no, the visitor would be asked to leave, and if necessary the police called. This was

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