Key West Injury Lawyer Blog
A fishing charter captain and his mate on the boat were accused of attempting to capsize a father and son on a kayak and now face criminal charges, according to local media.
James Christian Gagliardini, 52, of Marathon, Florida, was charged with two counts of aggravated assault, reckless operation of a vessel and intentional harassing of a fisherman.
Gagliardini’s mate and crew member on the boat, 34-year-old Eric Robert Wink, of Marathon, Florida, faces a misdemeanor battery charge.
The father and son were fishing on a kayak near the docks behind The Hammocks at Marathon resort in the Middle Keys just before 2 p.m. on July 10. The Monroe County Sheriff’s Office told local media that the pair said a 21-foot boat tried to overturn their kayak. The two said they were afraid they would be run over by the boat. They alleged that the boaters, later identified by police as Gagliardini and Wink, were angry at them for fishing in the area.
Police said they reviewed security footage from the marina and that it “corroborated the kayakers’ version of events.”
As of Thursday, Gagliardini is set to be arraigned on Aug. 1.
Wink is set to be arraigned on July 28.
Leesfield & Partners
Leesfield & Partners is a 49-year personal injury law firm with offices in Miami, Orlando and Key West. The firm’s history throughout the Florida Keys started three years before its inception with the firm’s Founder and Managing Partner, Ira Leesfield, trying his first case in the area in 1973. From that very first case, Leesfield & Partners has continued to plant deep roots throughout Monroe County, securing record verdicts in the area and getting involved with to better the community.
In decades of personal injury practice, Leesfield & Partners has regularly contributed to Monroe County food banks to combat food insecurity and has forged a close bond with youth athletics in the area. In addition to establishing scholarships, the firm has also championed the Key West High School Girls’ Softball program.
When speaking previously about the commitment of these young athletes, Mr. Leesfield said their dedication was nothing short of impressive.
“We are privileged to continue long-term support of the this important program,” he said. “It is rewarding to the softball team, the community and to those of us who support them. Many thanks to the Klitenick family and those involved.”
In addition to youth athletics, the firm and The Leesfield Family Foundation — the charitable organization formed by Mr. Leesfield and his family in 1990 — have sponsored numerous Monroe County scholarships.
Most recently, Mr. Leesfield and Partner Justin B. Shapiro were in Key West to present the first-ever Dexter Butler Scholarship to senior Dylan Martinez. The scholarship was created in honor of family friend and beloved teacher and coach, Dexter Butler.
“On behalf of the attorneys and staff at Leesfield & Partners, I want to congratulate Dylan Martinez and all the boys who applied,” Mr. Leesfield said. “These young men aspire to live out the example left behind by Dexter Butler — an admirable goal. I commend their efforts and encourage them to continue this work going forward.”
In years of personal injury practice, the firm has represented numerous victims of boating accidents, jet ski crashes and other water-related tragedies. From devastating and life-altering injuries to the loss of a loved one, our skilled trial attorneys represent every client with the compassion, diligence and knowledge of maritime law necessary to secure the best possible outcome in every case.
Many of these cases have resulted in record verdicts and settlements secured on behalf of injured clients and their grieving families. From negligent security cases at hotels, resorts, and other public venues to boating and water-related injuries, our attorneys are known for their diligence, tenacity, and unwavering commitment to justice in all areas of personal injury law.
Previous Florida Keys Cases
The firm previously represented a bicyclist who suffered life-threatening injuries after she was hit by a distracted driver while stopped off the shoulder of the Overseas Highway. IN this case, the driver lost control of the vehicle while distracted by the GPS.
The case was settled for $5.35 million.
A Key West crash involving a prominent local businessman resulted in a record verdict. In that case, our client had the green light at an intersection when an ambulance at a red light unexpectedly plowed through the road and hit him. In the crash, he was thrown into a cement wall, resulting in permanent injuries.
The ambulance driver claimed he was on his way to an emergency and had the right of way, however, this driver failed to deploy the necessary lights and sirens. Without these indicators, our client had no idea that the ambulance would not stop when at the red light and so he proceeded to cross the intersection.
A multi-million-dollar recovery was obtained for the client in this case.
The firm represented a grieving father and husband who lost his wife and two young daughters due to the U.S. Navy’s failure to maintain its Key West, Florida, pier in a safe condition.
“Ivan Grayson, tormented by the mind-numbing horror of the tragedy that wiped his family from the face of the earth, desperately needs to know why this happened,” U.S. District Judge James Lawrence King said of the case.
Grayson was awarded $2.95 million for the loss of his family.
Leesfield & Partners represented a client who fell in the stairwell of a Monroe County hotel. That case resulted in a $1.5 million settlement for the client’s severe back injury.
The firm represented a woman who was working as a hotel maid when she was raped by a man who was not a guest but was allowed to roam the property.
The firm settled the case for $1 million.
Leesfield & Partners represented the family of a 26-year-old who was assaulted at a Monroe County bar and died from their injuries.
The firm recovered $1 million in that case.
In another Florida Keys drowning case, the firm represented the widow of a man who drowned while at Dry Tortugas National Park with a boat tour company. The man was found dead after officials with the tour company directed him to an area they assured him was “good to snorkel.”
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, represented the family of a young man and father-to-be who was lobster diving when he was killed by a law enforcement officer who negligently failed to adhere to divers-down flag laws.
Evan Robinson, a Trial Attorney at the firm, returned a six-figure verdict for a woman who was injured at a popular Florida tourist attraction. In that case, the property’s sidewalk was flanked by a sharp divot with no railing to prevent falls. This hazard was known to property managers who regularly tasked employees to fill the trench with gravel.
When the narrow walkway became too crowded, our client stepped off it and into the trench. As a result, she lost her balance and violently fell to the concrete ground, shattering her hip.
Ongoing Monroe County Cases
In an ongoing case out of Marathon, Florida, Eric Shane, a Trial Attorney at the firm, is representing a woman who was bit by her neighbor’s pet bird. After the bite, our client fell violently to the ground in surprise and broke her hip.
Mr. Shane is handling another ongoing case involving a Key West motor scooter rider who suffered a traumatic brain injury and remains at a long-term care and rehab facility after he was hit by a negligent driver.
“Sadly, our client’s life has been destroyed by this crash and he remains in in-patient rehabilitation,” Mr. Shane said. “We are aggressively pursuing all avenues of recovery under the law.”
Mr. Shapiro and Mr. Robinson are representing a client who suffered a severe spinal cord injury after she attempted to lie down on an improperly installed and inadequately maintained hammock at a Key West resort. The day of the incident, our client was flipped by the hammock and fell head-first to the ground. The resort in this case failed not only to properly install and maintain this hammock but also failed to remedy the defect or warn guests about the risks associated with its use.
That case is ongoing.
