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Verdicts & Settlements: Premises Liability

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Inadequate security at flea market pool hall

May 9, 2019

Oswaldo Archibald, 31, was playing pool at a pool hall in the Opa Locka Hialeah Flea Market. During a game, he got into an argument with another patron, which led to a wider conflict with another group of men. During the altercation, Archibald was hit in the head by a pool ball. He took out his gun and shot one of the men. Police arrested Archibald, who was charged with attempted murder. He spent 14 months in prison—where he was attacked by other inmates—before the state’s attorney dismissed the charges against him.

As a result of his imprisonment, Archibald was unable to support his four minor children and their mother. He has been unable to return to his job as a construction supervisor earning approximately $60,000 annually.

Archibald sued GFM Operations, Inc., which owned the flea market, alleging it failed to provide security guards to deter crime and deescalate violent situations. The plaintiff argued that there was a history of violence at the flea market that warranted better security. Suit did not claim lost income.

The jury awarded $8 million.

Citation: Archibald v. GFM Operations, Inc., No. 2018-003644-CA-01 (Fla. Cir. Ct. Miami-Dade Cnty. Jan. 22, 2019).

Plaintiff counsel: Kenneth Ronan and Anthony Brown, both of Boca Raton, Fla.