Miami-Dade cyclist injured by security gate awarded $5 million verdict against county
A Florida jury awarded a cyclist a nearly $5 million verdict against Miami-Dade County after a security gate closed on her, causing the cyclist to fall and break her arm.
According to cvn.com, the $4.915 million award includes $4.75 million to Lourdes LaTour and $165,000 to her husband, Edward. LaTour suffered a broken arm in 2017 when she was struck by a security gate as she tried to leave Gables by the Sea, a South Florida subdivision. According to the lawsuit, the injury required multiple surgeries to treat and has left LaTour with permanent nerve damage.
“The 11th Circuit (Florida) State Court jury apportioned 100 percent of liability to Miami-Dade County, which owns and is responsible for the roadway entering the subdivision, clearing co-defendant U.S. Security Associates, Inc., the security firm hired to oversee the security gate, ” CVN.com reported. “Jurors also declined to apportion any fault to LaTour herself.”
It’s unlikely that the LaTours will get the full amount as a Florida law caps municipal liability at $300,000 per incident.
At the crux of the trial was the issue that the security arms should not have operated for motorcycles and bicycles.
““The county knew that the automatic gate system at Gables by the Sea was dangerous for motorcyclists and bicyclists, “ LaTours’ attorney, Matthew Schwencke wrote to CVN.com in an email. “The warning decals were unperceivable by a human being approaching the gate. Despite knowing that the automatic gate system was dangerous, the county utterly failed to warn the Latours of the dangers of exiting on their bicycles through the automatic gate. The jury clearly understood that.”