Kenneth J. Ronan and Anthony D. Brown of Lavalle, Brown & Ronan, P.A. in Boca Raton, Florida recently obtained an $8 million verdict for a client who was attacked at a pool hall in a South Florida flea market. Lawyers Ronan and Brown argued that negligence of the former flea market owners led their client, Oswaldo Jason Archibald, to shoot a man who attacked him. Archibald was arrested for attempted murder and served over a year in jail, where he was seriously injured before the state abandoned its case against him.
On May 25, 2014, Archibald was playing pool at the Opa-locka Hialeah Flea Market, located on Northwest 42nd Avenue, with Rolando Urritia. According to the complaint filed, friendly competition turned into an argument before Archibald was ordered by Urritia to leave the table. Urritia then intentionally bumped into Archibald while getting change to play a game of pool with his friend, Rosales Criaco. The pair argued with Archibald before cornering him, where Urritia was hit in the head with a pool ball.
After several other men joined the altercation, Archibald took out his gun and shot Urritia. Archibald claimed that his actions were protected by the “stand your ground” law, which allows someone to protect themselves or others against perceived or actual threats. Archibald left in his vehicle after the incident, but Urritia’s acquaintances tailed him. These acquaintances bumped Archibald’s car and fired shots, striking the vehicle several times before dispersing.
According to the complaint filed, Opa-locka police brutalized Archibald while arresting him, despite his cooperation during the arrest. Opa-locka police arrested and charged Archibald with two counts of attempted murder. He was jailed for nearly 14 months and was seriously injured by inmates while in custody. The state eventually entered a nolle prosequi, and formally abanded the case in 2015.
Archibald sued GFM Operations Inc., the former owners of the flea market, in February 2018. The complaint filed states that since GFM Operations failed to intervene, he was forced to defend himself. Attorneys Ronan and Brown claimed the company should have known such an incident was likely since it wasn’t the first event of this kind to happen in and around the flea market, which is known as a high-crime area. The complaint stated that GFM failed to provide adequate security staff, surveillance cameras, or lighting, breaching its duty to exercise reasonable care for the safety of its patrons. Since the initial assault at the flea market was the catalyst for the multitude of injuries that Archibald suffered afterward, GFM was liable, according to Brown.
In many cases, negligent security defendants argue that they are not responsible for their patrons’ actions. However, GFM never responded to the lawsuit filed and defaulted. Since then, GFM has filed for bankruptcy. Miami-Dade Circuit Judge Barbara Areces entered a default judgment against GFM, finding it liable for negligence and sending the case to a jury trial to determine monetary damages.
During the trial, Archibald explained to jurors how his life has changed since the flea market attack. Prior to his felony arrest charges, he had worked as a safety technician for the Nuclear Regulatory Commission. However, after his arrest, he lost his job and had a hard time finding work after his release from jail. He then moved to Alaska where, according to his attorneys, he found work as a construction supervisor. His time in jail also took him away from his wife and four children. He was the family’s primary breadwinner, and without his financial and emotional support, they were forced to move to a homeless shelter.
Attorneys Ronan and Brown asked the jury for $10 million in damages to compensate for some of what their client suffered. In January 2019, the jury awarded $3 million in past damages and $5 million in future damages, just shy of Archibald’s requested compensation for pain and suffering, medical expenses, and loss of earni
Ronan said, “This way, it looks more like justice occurred. A jury heard the evidence, and a jury decided. Not one person, but six.” South Florida Lawyers Land $8 Million Verdict Over Flea (n.d.). Retrieved from https://www.law.com/dailybusinessreview/2019/03/04/south-florida-lawyers-land-8-million-verdict-over-flea-market-dangerous-patrons/
According to Ronan and Brown, Archibald and his family felt some closure with the verdict, although he still struggles with what happened. Unfortunately, he has not been able to regain footing in a career like the one he had with the Nuclear Regulatory Commission. He and his family experienced emotional, psychological, and financial suffering after his arrest. Additionally, Archibald intends to file suit against the Opa-locka Police Department.
