Boca Police Department Found Responsible for November 2001 Crash

JURY RULES BOCA RATON POLICE NEGLIGENT IN WRONGFUL DEATH CASE
Jupiter, Florida - May 1, 2008 (See Video below of televised Press Conference)

The attorneys representing the Plaintiffs — Mark A. Greenberg, Barry Silver, Lincoln Connolly and Ethan Kominsky — discuss this matter at a press conference located at the offices of LaBovick & LaBovick, PA in Jupiter, Florida.

Today a jury decided that the police must obey the same traffic laws as civilian drivers. The jury 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 needed 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 presented, showed  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's family and his passengers deserve. One Passenger, Sonel Saint Fort, sustained brain damage and other injuries, while the another 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.

Plaintiffs' attorneys speaking at the Press Conference will be Attorney Mark A. Greenberg of LaBovick & LaBovick, PA and Attorney Barry Silver for passenger Daniel Elan; Attorney Lincoln Connolly of Rossman Baumberger Reboso & Spier for passenger Sonel Saint Fort,and Attorney  Ethan Kominsky of Rosenthal, Levy & Simon for passenger Fednel Demosthene.