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$5.75 Million Settlement due to Drownings Upheld in Federal Court

Posted on Dec 15, 2009

A 2005 Florida Supreme Court case held that not only private landowners, but cities, had a duty to warn beachgoers about dangerous conditions.  Twelve years ago, Zachary Breaux and Eugenie Poleyoff were caught in a riptide off Miami Beach and drowned. 

The city of Miami Beach negotiated a settlement with the drowning victim’s estates and Miami Beach’s insurance company refused to pay the settlement amount.  Yesterday, U.S. District Judge Alan S. Gold held that the insurance company must pay the settlement; however, the insurance company could still appeal this ruling. 

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