Florida Verdicts

Plaintiff(s):

J.G. (Female), 

T.G. (Female, 17 Years)

Plaintiff Attorney(s):

Jeffrey H. Sloman;
The Ferraro Law Firm, P.A.;
Miami,
FL,
for
J.G., T.G. ■ Christopher E. Gottfried;
The Ferraro Law Firm, P.A.;
Miami,
FL,
for
J.G., T.G.

Plaintiff Expert(s):

Jon Shaw;
M.D.;
Child Psychology;
Miami,
FL called by
Jeffrey H. Sloman, Christopher E. Gottfried

Defendant(s):

G4S Secure Solutions USA Inc.

Defense Attorney(s):

Jeffrey T. Foreman;
Kenny Nachwalter, P.A.;
Miami,
FL,
for
G4S Secure Solutions USA Inc.

Defendant Expert(s):

Sally Kolitz Russell;
Neuropsychology;
Miami,
FL called by
Jeffrey T. Foreman

On Aug. 10, 2010, plaintiff, T.G., 17, observed a man holding a cell phone against her bedroom window at her home in the Old Cutler Bay community in Coral Gables as she undressed to prepare for bed. T.G. reported the incident to her family, who contacted Eric Michael Owens, a security guard working in the gated community in which she lived. Owens initially claimed that he had also seen the person and said he was calling police. T.G.’s mother later learned that Owens had not called police, so she filed a police report. Police investigated and found images of the teenager naked on Owens’ iPhone. Police also discovered that Owens had secretly recorded video of T.G. while she slept. Owens confessed to recording T.G. and was charged with burglary of an occupied dwelling and video voyeurism. He pleaded guilty to two counts of video voyeurism in 2012 and received probation. J.G., individually and on behalf of her minor daughter, sued Owens’ employer, G4S Secure Solutions USA Inc., formerly known as Wackenhut Security, asserting claims of negligent security, negligent hiring and negligent retention. T.G.’s mother’s claims were dropped before trial. The plaintiffs’ counsel alleged that Owens had previously been arrested twice and convicted in California for being a Peeping Tom. They also alleged that in its security and background check of Owens, Wackenhut Security failed to catch his criminal record as a convicted Peeping Tom. They claimed that the defendant was negligent in hiring a convicted Peeping Tom to work as a security guard in a housing complex during the graveyard shift, in which his job included observing the windows of the occupants’ homes. They claimed that the location of the teenager’s bedroom was not visibly accessible to Owens unless he entered the curtilage of the residence. They alleged that Owens had apparently been stalking T.G. as he had secretly recorded video of her 10 days before she saw him at her bedroom window. Defense counsel claimed that under California law, Owens’ offense was listed under disorderly conduct rather than voyeurism. He argued that given all the information available to the security company’s local hiring manager at the time, the decision to employ Owens was reasonable. He argued that the company did everything right and followed all proper pre-employment hiring procedures. He also argued that T.G. was comparatively negligent for failing to close her bedroom window’s blind before undressing.

T.G. claimed that she suffered emotional distress and had to undergo psychological counseling. She claimed that she felt as if someone had violated her life. She also claimed that she was in fear of her life upon initially observing a person standing outside her bedroom window on the night of the incident. She also claimed that she suffered post-traumatic stress disorder knowing that Owens had apparently been waiting outside her bedroom window stalking her. T.G. claimed that she continues to live with the memory of the incident every day and has constant reminders whenever she looks at windows with blinds. She also claimed that she continues to have a fear of men. T.G.’s expert psychologist testified that T.G. was already in an emotionally fragile state before the incident. He noted that her father left the family when she was 14 years old and she had to care for her mother, who was afflicted with cancer. He noted that T.G. had been seeing a psychologist before the incident due to all of the emotional pressure of caring for her ailing mother. He testified that the bedroom window incident was the straw that broke the camel’s back and caused the girl to develop severe emotional trauma. He also testified that he confirmed T.G. suffered chronic post-traumatic stress disorder. He testified that she will continue to need emotional counseling and will have to deal with the trauma of the incident for the rest of her life. He testified that she lives with the incident every day and has constant reminders of it from simply looking at windows with blinds. T.G. sought to recover compensatory and punitive damages. Her counsel suggested the jury award between $1.3 million and $2.1 million. Defense counsel argued that T.G. was fine after undergoing counseling and did not need further treatment. The defense’s expert neuropsychologist testified that after conducting tests on T.G., she concluded that T.G. suffers from generalized anxiety disorder and that she found no symptoms of PTSD. She further testified that it was not clear whether all of T.G.’s emotional distress claims were the result of her early childhood trauma or from the bedroom window incident.

The jury found that G4S Secure Solutions was negligent in hiring and retaining Owens. It also found that G4S Secure Solutions’ negligence was a cause of T.G.’s injuries. It also found that there was no negligence on the part of T.G. that contributed to her own damages. The jury determined that her damages totaled $1,332,589.

Judge:

John W. Thornton

Trial Length:

10
 days

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.