Florida Verdicts

Plaintiff(s):

Alanna Demella (Female, 26 Years), 

Michael Demella (Male)

Plaintiff Attorney(s):

Daniel W. Cotter;
The Maher Law Firm, P.A.;
Stone Mountain,
GA,
for
Alanna Demella, Michael Demella ■ Bradley J. Edwards;
Farmer, Jaffe Weissing, Edwards, Fistos & Lehrman, P.L.;
Fort Lauderdale,
FL,
for
Alanna Demella, Michael Demella ■ Gary M. Farmer Jr.;
Farmer, Jaffe Weissing, Edwards, Fistos & Lehrman, P.L.;
Fort Lauderdale,
FL,
for
Alanna Demella, Michael Demella

Plaintiff Expert(s):

Gerri Pennachio; Ph.D.; Life Care Planning; Lakeland,
FL called by:
Daniel W. Cotter, Bradley J. Edwards, Gary M. Farmer Jr. ■ Robert Reiter; Vehicle; Los Angeles,
CA called by:
Daniel W. Cotter, Bradley J. Edwards, Gary M. Farmer Jr. ■ Frederick Raffa; Ph.D; Economics; Orlando,
FL called by:
Daniel W. Cotter, Bradley J. Edwards, Gary M. Farmer Jr.

Defendant(s):

Jimmy Yong Kim, 

Rosa Rivera Kim, 

Las Olas Holding Company, Inc., Doing Business As Riverside Hotel

Defense Attorney(s):

Steven R. Adamsky;
Mitrani, Rynor, Adamsky, Toland;
Weston,
FL,
for
Las Olas Holding Company, Inc., Doing Business As Riverside Hotel ■ Elana B. Goodman;
Mitrani, Rynor, Adamsky & Toland, P.A.;
Weston,
FL,
for
Las Olas Holding Company, Inc., Doing Business As Riverside Hotel ■ Hinda Klein;
Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A.;
Hollywood,
FL,
for
Las Olas Holding Company, Inc., Doing Business As Riverside Hotel ■ None reported;

for
Rosa Rivera Kim

Defendant Expert(s):

Lance Atkins;
Structural;
Palmetto Bay,
FL called by:
Steven R. Adamsky, Elana B. Goodman, Hinda Klein ■ Daniel Melcher;
Accident Investigation & Reconstruction/ Failure Analysis/Product Liability;
West Palm Beach,
FL called by:
Steven R. Adamsky, Elana B. Goodman, Hinda Klein

Insurer(s):

Zurich North America for Las Olas Holding Company, Inc., Doing Business As Riverside Hotel

On March 18, 2012, Alanna Demella, 26, a school teacher, was sitting inside a poolside cabana structure at the Riverside Hotel located on Sagamore Road in Fort Lauderdale when a 2006 Audi sedan operated by Rosa Rivera Kim struck a curb near the intersection of SE 4th Street and SE 8th Avenue, went over the sidewalk and smashed through the side of the cabana, killing Demella and her unborn child. Demella was seven months pregnant. Demella and her husband, residents of Massachusetts, were in Florida after they won an all-expenses paid vacation to attend a marriage conference. Michael Demella, as personal representative of the estate of his wife, sued Kim claiming she was negligent in the operation of her vehicle. Kim had a blood alcohol level of 0.24 — three times the legal limit. Kim was arrested and charged with driving under the influence, and two counts of drunken-driving manslaughter. Kim was sentenced to 15 years in state prison. The estate claimed witnesses to the accident confirmed the Audi sedan was being driven at 50 to 60 mph — more than twice the posted speed limit — when she drove straight into the cabana structure without any attempt to swerve or break. The estate also sued the vehicle’s owner, Jimmy Yong Kim, claiming he was vicariously liable for the driver’s actions. The estate also sued Las Olas Holding Company, Inc., doing business as Riverside Hotel, for negligence. The estate alleged Las Olas failed to maintain its premises in a reasonably safe condition. The estate alleged that the cabana, as constructed, was too close to the roadway and was built in violation of rules imposed by the Florida Building Code. The estate further alleged the hotel knew of a growing danger caused by the road and should have built a barrier between the road and the cabana to protect hotel guests. Plaintiff’s counsel also alleged the cabana was located in a spot just off a sharp curve on the road with no protection from passing vehicles — a stretch of road that was a dangerous condition because of the high volume of traffic caused by motorists using it to bypass Las Olas Boulevard at speeds in excess of what the section of the road was designed to handle. The estate’s expert structural engineer testified that the hotel could have easily remedied the dangerous condition by erecting a barrier such as a bollard, guardrail or palm tree, which would have stopped Kim’s vehicle and prevented it from striking the cabana. He also opined that the dangerous condition could have been remedied by relocating the cabana to a location near the pool, out of harm’s way. Defense counsel for Las Olas denied negligence, contending that Kim was 100 percent responsible for the accident that killed Demella. The defense pointed to Kim’s extreme level of intoxication, her reckless speed and blatant lack of any attempt of evasive measure that could have prevented the crash. The defense’s structural engineering expert opined that Kim’s vehicle struck the cabana with 43,000 pounds of force, and was likely traveling at 52 to 53 mph. The defense also asserted that the cabana structure, which was built in 1963, was fully permitted and in compliance with all applicable building codes. Defense counsel asserted that the cabana structure exceeded the minimum standards for strength and for roadway setback. In addition, the defense asserted that in the 49 years prior the accident, no vehicle had ever impacted or came close to impacting the structure and that no vehicle had ever left the roadway in the area of the cabana. The defense also argued that the roadway was owned by the City of Ft. Lauderdale and controlled by Broward County. Defense counsel claimed the county had thoroughly studied this area of the roadway, most recently just a few months before the accident, and had found that it was operating safely and that there was no need for any type of traffic control measure. The defense’s accident reconstruction expert opined that the subject accident was entirely unforeseeable and unpreventable by the hotel. He also opined the accident was an outlier among traffic accidents. He opined that the cabana was built with plenty of setback between the building and the road, and that he would recommend the hotel build no barrier, as the cabana was not in need of protection.

Michael Demella, who was in a restroom just a few feet away when the accident occurred, suffered only minor injuries. He sought to recover damages for his pain and suffering, and loss of companionship and society as a result of the death of his wife. He also sought to recover damages for funeral expenses, the loss of his wife’s support and services, and net accumulations to her estate. Michael said he and his wife planned to name their unborn child Joshua. It was to be the couple’s first child. He was devastated at the death of his pregnant wife. The estate’s counsel suggested the jury award $42 million The defense did not actively contest the issue of damages, and focused on liability.

The jury found Rosa Kim 85 percent negligent, and Las Olas 15 percent negligent. The jury determined that the estate’s damages totaled $24,057,283. Because of comparative negligence, the verdict award against Las Olas is $3,608,592.

Michael Demella: $2,034,385 Personal Injury: future loss of support and services from date of wife’s death and reduced to present value; $9,156 Personal Injury: loss of the prospective net accumulations of estate; $13,742 Personal Injury: medical or funeral expenses; $22,000,000 Personal Injury: loss of wife’s companionship and protection and for mental pain and suffering

Judge:

Jeffrey R. Levenson

Trial Length:

6
 days

Trial Deliberations:

5
 hours

Post Trial:

Las Olas Holding Company, Inc. will be filing a motion for judgment notwithstanding the verdict. During trial, the defense moved for a directed verdict at the close of the estate’s case and again at the close of the defense’s case. The court reserved ruling on said motions. During closing arguments, the defense moved for a mistrial in response to several alleged, improper arguments made by the estate’s counsel, Bradley J. Edwards.

This report is based on information that was provided by plaintiff’s and defense counsel for Las Olas Holding Company, Inc.