A Miami Dade County jury awarded $ 1,050,000.00 to a club patron against Penrod Brothers Inc., d/b/a Nikki Beach Club. The trial in Milian v. Penrod Brothers Inc., d/b/a NIkki Beach Club lasted nearly two weeks before being sent to the jury Wednesday afternoon. After 4 hours of deliberations the Miami – Dade County jury found Defendant Penrod Brothers Inc. was 100% at fault. The case was tried by Philip M. Gerson and Nicholas I. Gerson of Gerson and Schwartz, PA.
The assault occurred on August 3, 2008 at Club Nikki located at One Ocean Drive on South Beach. The Plaintiff David Milian sustained 6-7 facial lacerations when a glass was smashed over his face following an argument near the bathrooom at the club. The lacerations left 10 inches of permanent scarring and disfigurement. The Gerson trial team sued the well known South Beach club for negligent security. Under Florida law, a property owner is required to maintain it’s premises in a reasonably safe condition. The Gerson’s were able to show that security guards that were suppose to be at manned posts by the bathroom were not there when the assault occurred. They also showed the security personnel training and procedures were inadequate. “Penrod’s explanation about the manner and location of where the accident happenned was not supported by the evidence. The incident was foreseable and preventable but for the negligence of Nikki Beach Club” added Nicholas I. Gerson. In his closing argument, Philip Gerson, argued to jurors that security at Nikki Beach Club was run by and with amateurs. Gerson added, had security personnel been doing there job properly David Milian would not be disfigured and scarred for the rest of his life. The six person jury agreed awarding $ 1,050,000.00 as compensation. The Penrod’s case marks the second million dollar plus verdict obtained by the father and son trial team within the the last 12 months for securtiy negligence.