Douglas McCarron of the Haggard Law Firm represented the victim's family. Courtesy photo.
The owner and operator of a Fort Myers apartment complex agreed to pay a total of $1.3 million to the family of a tenant who was fatally shot at the premises.
On Oct. 6, 2016, plaintiff's decedent Geraldo Olvera, 22, a retail worker, was shot while traversing a common area of an apartment complex that was located at 3604 Seminole Ave., in the city of Fort Myers. Olvera suffered a fatal injury. The shooter and his or her motive were never identified.
Douglas J. McCarron of The Haggard Law Firm in Coral Gables represented Olvera's family, while Kevin W. Crews and Michael Shue of Wicker Smith in Naples handled the defense.
Olvera's mother, Dora Olvera, acting as representative of her son's estate, sued the premises' owner, Cypress Courts Associates Ltd., and the premises' manager, Triumph Housing Management LLC. The lawsuit alleged that the defendants negligently failed to adequately secure the premises.
The estate's counsel contended that the defendants had not undertaken adequate security measures, given the premises' history of shootings, assaults, robberies and drug-dealing activity. A homicide had occurred at the premises some 12 months prior to the shooting of Geraldo Olvera, who resided at the complex. A guard and security cameras monitored the premises, but a tenant claimed that the guard often played games or consumed alcoholic beverages, and the estate's counsel claimed that the cameras malfunctioned and were not entirely useful. The estate's counsel also contended that the grounds were not completely fenced.
The defense contended that the premises were monitored by an armed guard and more than 12 security cameras. Defense counsel claimed that the guard confronted Olvera's shooter at gunpoint, though the shooter was able to escape in a vehicle.
Defense counsel also challenged the contention that the guard shirked his responsibilities. Defense counsel claimed that the guard's alleged transgressions were reported by a resident who had been arrested 18 times and incarcerated five times.
Olvera suffered gunshot wounds. He died at the scene of the shooting.
Olvera, 22, was survived by his mother and an infant daughter. His estate sought recovery of wrongful-death damages for his survivors' past and future emotional suffering.
The parties negotiated a pretrial settlement. The defendants' primary insurer agreed to pay $300,000, and the defendants' excess insurer agreed to pay $1 million. Thus, the settlement totaled $1.3 million.
Case: Dora Olvera, as Personal Representative of the Estate of Geraldo Olvera, deceased v. Cypress Courts Associates Ltd, No. 18-CA-001548
Court: Lee County Circuit Court, 20th
Judge: James R. Shenko
Insurers: North American Elite Insurance Co. for both defendants (primary insurer) Houston Casualty Co. for both defendants (excess)
Plaintiff Expert: John C. Villines, security/premises liability, Cleveland GA (did not testify)
Defense Expert: Bruce Jacobs Ph.D., security/premises liability, Dallas TX (did not testify)