Kenneth J. Ronan and Anthony D. Brown of Lavalle, Brown & Ronan in Boca Raton obtained an $8 million jury verdict for their client Oswaldo Jason Archibald, who was attacked at a pool hall in an Opa-locka flea market.

Archibald claimed that because the flea market's former owners GFM Operations Inc. failed to intervene, he had to defend himself, shooting his attacker and serving more than a year in jail before his case was dismissed.

It began on the evening of May 25, 2014, when Archibald was playing pool in the Northwest 42nd Avenue flea market with Rolando Urritia, but according to the complaint, friendly competition morphed into fiery conflict. Urritia later banished Archibald from the table and then intentionally bumped him, according to the complaint.

Urritia then started a game with friend Rosales Criaco and began arguing with Archibald, according to the complaint. The pair allegedly cornered him between a pillar and a pool table and refused to move, then Urritia hit Archibald on the head with a pool ball.

When several other men joined the fray, Archibald took out his gun and shot Urritia — an action he claimed was protected by Florida's “stand your ground” law. Archibald then sped off in his car, but he wasn't alone. Urritia's acquaintances tailed him, bumped and shot at his car until they eventually dispersed, according to the complaint.

Opa-locka police officers eventually caught up to Archibald, arresting and charging him with attempted murder. The way plaintiff lawyer Ronan sees it, Archibald didn't instigate the fight, yet suffered the worst consequences.

“In that attack he was physically hurt and then, ironically, he's the one that ends up getting arrested,” Ronan said.

The state eventually entered a nolle prosequi, formally abandoning the case on Aug. 10, 2015 — the day of Archibald's trial — but by then he'd served 14 months in jail and been seriously injured by inmates, according to the complaint.

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Click here to read the complaint

A pool ball.

Archibald sued GFM in February 2018, claiming that it had ample chance to prevent or monitor the conflict but didn't.

Ronan and Brown claimed the company should have known such an incident was likely, as it wasn't the first to happen in and around the flea market, which “attracted dangerous patrons that often incited criminal activity,” according to the complaint.

They also argued GFM should have warned guests of that risk and didn't have adequate security staff, surveillance cameras or proper lighting.

The initial assault was the catalyst for a multitude of injuries, according to Brown, as Archibald crashed his car during the chase and police officers allegedly severely beat him during his arrest.

“Then while in jail, as a result of the wrongful arrest, he was attacked by an inmate and suffered some serious injuries to his face, had stitches in his mouth and was knocked out as a result,” Brown said.

While negligent security defendants commonly argue that they're not responsible for patrons' actions, GFM never responded to the lawsuit and defaulted. The company has since filed for bankruptcy, according to online case files, and was unreachable as it's listed number is no longer in operation.

In return, Miami-Dade Circuit Judge Barbara Areces entered a default judgment against the company, finding it liable for negligence and asking a jury to decipher damages.

Although a jury trial was akin to ”one hand clapping,” Ronan said it remained the best option for his client.

“You have to go through the process,” Ronan said. “With summary judgments, you really don't know where you're going to go. This way, it looks more like justice occurred. A jury heard the evidence and a jury decided. Not one person, but six.”

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'Life-devastating'

At trial, Archibald told jurors how his life had changed since that night at the flea market. For more than 10 years, he'd been a safety technician for the Nuclear Regulatory Commission, an independent government agency that oversees power plants.

“He'll never work in the same position he held because the Nuclear Regulatory Commission is a 'one strike, you're done' agency,” Brown said.

Archibald's felony arrest charges and yearlong gap in employment proved crippling to his job search, according to Ronan and Brown, who asked the jury for $10 million in damages.

“He made a lot of money doing that and he started as a young man,” Ronan said. “But he's not been able to regain footing in a career that reached the parity of the job he had with the Nuclear Regulatory Commission.”

After searching high and low for a new career, Archibald moved to Alaska where he works as a construction supervisor, according to his attorneys. His jail term also took him away from his wife and four children, who relied on him for financial and emotional support, and had to move to a homeless shelter while he was gone.

“He was the provider for the family, then instantaneously was gone,” Ronan said. ”It was life-devastating in every sense of the word.”

The jury ultimately awarded just shy of the plaintiff's requested compensation for pain and suffering, medical expenses and loss of earnings, assigning $3 million in past damages and $5 million in future damages.

According to Ronan and Brown, the verdict has provided some closure for Archibald, though he still struggles with what happened and intends to file suit against the Opa-locka Police Department.

Case: Oswaldo Jason Archibald v. GFM Operations

Case no.: 2018-003644-CA-01

Description: Negligent security, premises liabilty

Filing date: Feb. 2, 2018

Verdict date: Jan. 22, 2019

Judge: Miami-Dade Circuit Judge Barbara Areces

Plaintiffs attorneys: Kenneth J. Ronan and Anthony D. Brown, Lavalle, Brown & Ronan, Boca Raton

Defense attorneys: Default

Verdict amount: $8 million

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