JURY RULES BOCA RATON POLICE NEGLIGENT IN WRONGFUL DEATH CASE

Jupiter, Florida - May 1, 2008
We will have a press conference today at 5:00 pm at the Law Offices of LaBovick & LaBovick, PA, 935 Military Trail, Jupiter, FL 33458 to discuss today’s wrongful death jury verdict against the Boca Raton Police Department.

The attorneys representing the Plaintiffs — Mark A. Greenberg, Barry Silver, Lincoln Connolly and Ethan Kominsky — will be available at the press conference to discuss this matter.

Today a jury decided that the police must obey the same traffic laws as civilian drivers, when it found Boca Raton police officer, Joelle Bean, and the Boca Raton Police Department, 100 percent at fault in causing Haitian-born driver Daniel Elan’s death, and in causing serious injuries to Elan’s two passengers, as they were turning north onto I-95 from Yamato Road while returning home from work on Nov. 26, 2001.

In today’s trial, the jury was only asked to determine who was at fault for causing the accident. The Boca Raton Police Department denied liability throughout the trial by blaming Daniel Elan for failing to see the speeding officer’s oncoming automobile.

After a four-day trial and 1 hour and 45 minutes of deliberations, the jury concluded fault belonged solely to the Boca Raton Police Department. Evidence was presented that Officer Bean was speeding, ran a red light, and did not have her headlights on. The Florida Highway Patrol determined she was driving 63 miles per hour in a 45-mile-per-hour zone and the City of Boca Raton conceded at trial that she was speeding, but denied responsibility for the accident.

The Plaintiffs will need to come before a new jury to determine the amount of damages Mr. Elan and his passengers should be awarded. One of the passengers, Sonel Saint Fort, sustained brain damage and other injuries, while the other passenger, Fednel Demosthene, suffered fractures and other injuries.

The attorneys for Mr. Elan and his passengers were pleased to have confirmed that our system of justice serves all people, even when the victims are foreign born and the defendant is a city police force.

For more information on this case you can contact the plaintiffs' attorneys Mark Greenberg of LaBovick & LaBovick, PA (561) 473-0099, cell: 561-386-5238 or Barry Silver (561) 483-6900 for Daniel Elan or Lincoln Connolly of Rossman Baumberger Reboso & Spier (305) 373-0708 , cell: 305-798-5515, for Sonel Saint Fort, or Ethan Kominsky of Rosenthal, Levy & Simon for Fednel Demosthene (561) 478-2500.

Juliet C. Sallette
LaBovick & LaBovick, PA
935 Military Trail
Jupiter, FL 33458
(561) 743-0099