3rd DCA Affirms nearly 1 Million Dollar Verdict against Club Nikki and Penrod Brothers

Earlier today, the 3rd District Court of Appeals affirmed a Miami Dade trial court verdict of nearly 1 million dollars against Club Nikki on South Beach. The case arises from an assault that occurred at Club Nikki and the Nikki Beach Club back in August of 2009. The victim, David Millian sustained facial lacerations after another patron attacked him with a glass by the bathroom on a Saturday night. A Miami-Dade County jury awarded the Plaintiff just over one million dollars after a six day trial. The lawsuit was styled Milian v. Penrod Brothers Inc. Club Nikki Beach is owned by Penrod Brothers Inc. and is located on One Ocean Drive on South Beach. Attorneys Philip M. Gerson, Nicholas, I. Gerson & Edward S. Schwartz, PA represented sued the club based on negligence principles. Under Florida law, night club operators are liable for the negligent acts of their employees. The allegations included that the Penrod Brothers Inc, failed to provide reasonable security on the premises which resulted in serious injuries to the Plaintiff. The Miami, Florida personal injury attorneys at Gerson & Schwartz, PA specialize in premises liability, negligent security, and crime victim cases throughout Florida.


The 3rd DCA opinion comes shortly after another problem for Nikki Beach Club. Just last week, Karlie Tomica and Nikki Beach Club were sued by family after Tomica, an underaged bar tender killed executive chef Stefano Riccioletti in a drunk driving accident. Criminal charges were filed against Tomica just last week. For more information about the firm of Gerson & Schwartz, PA call (877) 475-2905 or contact the firm online.

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