Shiner Law Group Files Negligent Security Lawsuit Against Gated Retirement Community for Preventable Death of Florida Resident

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Oct 07, 2021, 14:59 ET

BOCA RATON, Fla., Oct. 7, 2021 /PRNewswire/ -- Melisa Grace, as Personal Representative of the Estate of Jenie Barbato, through her counsel, Shiner Law Group, P.A. has filed a lawsuit against Coventry I Condominium Association, Inc.; P.G. Security, Inc. d/b/a Platinum Group Security; United Civic Organization, Inc.; W.P.R.F., Inc.; and Seacrest Services, Inc. in the 15^th Judicial Circuit in and for Palm Beach County, Florida (Case No. 50-2021-CA-010726), alleging that the Defendants' negligence resulted in the wrongful death of Ms. Jenie Barbato.

Ms. Jenie Barbato was a resident of the community commonly known as Century Village, which is located in West Palm Beach, Palm Beach County, Florida. The Estate of Jenie Barbato has alleged that on September 14, 2020, Robert Wayne Murray, entered the community, evading P.G. Security, Inc. d/b/a Platinum Group Security, the hired security company, and proceeded to Ms. Barbato's residence. The Estate of Jenie Barbato then alleged that when Mr. Murray entered Ms. Barbato's residence, he stabbed her and killed her. Ms. Barbato left behind many family members, including her daughter, Melisa Grace, who is serving as the Personal Representative of the Estate of Jenie Barbato. The Palm Beach County Sheriff's Office is investigating the case and criminal charges are currently pending in the 15^th Judicial Circuit in and for Palm Beach County against Mr. Murray in connection with Ms. Barbato's death.

On September 15, 2021, Ms. Grace on behalf of her mother's estate, filed a lawsuit against several Defendants alleging that their actions or inactions led to Ms. Barbato's untimely death. Those allegations include claims for negligent security and that the Defendants should have reasonably foreseen that criminal acts, such as the one resulting in Ms. Barbato's death, could have been committed, but the Defendants failed to use reasonable care and provide adequate security measures to residents such as Ms. Barbato.

The Estate of Jenie Barbato alleged that prior to Ms. Barbato's untimely death, the Defendants were on notice that Mr. Murray was dangerous and should not be allowed on the Defendants' property as he could present a danger to others including Ms. Barbato.

The lawsuit filed by Shiner Law Group on behalf of the Estate of Jenie Barbato reserves the right to bring a claim for punitive damages against the Defendants pursuant to section 768.72, Florida Statutes. Under Florida law, punitive damages are allowed if a plaintiff can prove a defendant acted with intentional misconduct or gross negligence. A claim for punitive damages will subject the defendant to financial worth discovery, which will assist the jury in determining the appropriate amount to award the plaintiff.

Attorney Stratton Smiley of Shiner Law Group, P.A., who represents the Plaintiff said, "We believe the facts will show that Ms. Barbato's death was completely preventable if the Defendants had utilized reasonable care for their residents' safety and provided adequate security measures on the Century Village premises." Mr. Smiley, who has handled many negligent security and premises liability cases, added, "It is our opinion that when a jury applies a 'reasonably prudent person' standard they will find that the defendants were negligent in providing adequate protection and security."

Attorney David Shiner, who also represents the Plaintiff, stated, "When presented with foreseeable criminal conduct on their premises, like we think the Defendants were provided with in this case, the Defendants were required to provide proper security. As we believe that did not happen, we are going to do everything we can to help Ms. Barbato's grieving family obtain the justice they deserve."

If you want more information on this matter, or other matters in which Shiner Law Group, P.A. is involved, please contact Shiner Law Group at 561-777-7700, via email: [email protected], or visit: ShinerLawGroup.com. Shiner Law Group, P.A., maintains offices throughout Florida in Palm Beach, Broward, Martin, and St. Lucie counties and Shiner Law Group's main office is located at 301 Yamato Road, Suite 4100, Boca Raton, Florida 33431.

SOURCE Shiner Law Group