Analysis: If Trayvon Martin family pursues civil case
By Kluger, Kaplan, Silverman, Katzen & Levine, P.L. March 29, 2012
Interesting analysis from Reuters should Trayvon Martin’s family pursue a civil case against the Retreat at Twin Lakes Homeowners’ Association–as the “Stand Your Ground Law” also protects Zimmerman from civil action.
Read the full Reuters story here.
By Andrew Longstreth
NEW YORK | Wed Mar 28, 2012 7:08pm EDT
(Reuters) – As uncertainty swirls around any criminal prosecution of George Zimmerman, the shooter of 17-year-old Trayvon Martin in an Orlando suburb, one option that remains open to Martin’s family is a civil case.
Zimmerman could be shielded from prosecution under Florida’s 2005 “Stand Your Ground Law,” which gives immunity to people who use deadly force in their own defense without clear evidence of malice. The same law also says a person who uses such force is immune from civil action.
However, given certain conditions, the Martin family could bring a wrongful death case against Retreat at Twin Lakes Homeowners’ Association, Inc, the homeowners association for the central Florida gated community where the killing took place, legal experts said.
Such a lawsuit would likely allege that the association was negligent in overseeing Zimmerman’s activities, and could seek a judgment in the seven-figure range, said Philip Gerson, a Miami trial lawyer and founder of the law firm Gerson & Schwartz.
Ben Crump, an attorney for the Martin family, told reporters Monday that there were no plans to file a lawsuit now. But a wait-and-see strategy is common with alleged crime victims and their relatives. Often they wait until a criminal proceeding concludes to pursue a civil case in an effort to avoid appearing to be motivated by money.
A civil lawsuit in the Martin case, legal experts said, would be predicated on establishing a relationship between Zimmerman and the Retreat at Twin Lake association, as well as establishing a relationship between Twin Lakes homeowners and a crime watch group that Zimmerman led.
The homeowners association acknowledged Zimmerman and the neighborhood crime watch in a February newsletter, according to the Associated Press. The newsletter encouraged residents to contact Zimmerman in case of an incident, it said.
“If you’ve been the victim of a crime within the community, after calling the police, please contact our captain, George Zimmerman … so we can be aware and help address the issue with other residents,” the newsletter said.
That relationship is likely to come into play, said Donna DiMaggio Berger, a founding partner at the law firm Katzman Garfinkel & Berger, which represents community associations in Florida.
“It’s not as if the association can say we had no idea … that Zimmerman held himself out as a neighborhood watch captain,” she said.
Efforts to reach board members for Retreat at Twin Lakes Homeowners’ Association were unsuccessful.
A crucial factor in such a lawsuit would be the insurance Twin Lakes carries and whether it would cover any payout stemming from litigation over the Martin shooting.
Most homeowner associations have policies with at least $1 million in coverage, according to insurance attorneys, but it is unknown what kind of insurance, if any, Retreat at Twin Lakes carries.
The vast majority of homeowner associations do not have insurance policies that cover the acts of their volunteers, according to Berger.
If that is the case with Retreat at Twin Lakes, the residents could be responsible for satisfying any judgment against the association, said Berger, the community associations lawyer not involved in the case.
Such a scenario would not be unprecedented. In the mid-1990s, a Tarmac, Florida, homeowners association was hit with a $1.2 million judgment in an age-discrimination case. The group was unable to pay and had to file for bankruptcy. That left individual residents to pick up the tab, which came to more than $7,000 for each homeowner.
Read the rest of the analysis here.