Trial Magazine
Verdicts & Settlements: Premises Liability
Negligent Security at Apartment Complex
August 2019Cousins Ken Jean, 32, and Bensen Cineas, 27, rode to the Miami area with a friend late one night. The next afternoon, they were found dead from gunshot wounds in the front seat of a car that was parked near an apartment complex owned by Ryan 15401 6 Ave LLC. Jean is survived by his infant son. Cineas is survived by his parents.
Jean’s and Cineas’s estates sued Ryan 15401 6 Ave LLC, alleging negligent security. The plaintiffs asserted that the complex’s 24-hour security booth had been unstaffed for the shift before, during, and after the shooting and that the complex’s front gate was left open and unsecured.
The defense asserted that the shooting had been intentional and committed by the friend, who disappeared after the crime.
The plaintiffs did not claim lost income.
The parties settled for $1.69 million.
Citation: Joseph v. Ryan 15401 6 Ave LLC, Nos. 2017-16507 CA 01, 2017-16473 CA 01 (Fla. Cir. Ct. Miami-Dade Cnty. May 9, 2019).
Plaintiff counsel: AAJ member Christopher L. Marlowe, Coral Gables, Fla.; and Clayton Kaeiser, Miami.
