"Thomas Scolaro"

Published on: October 9, 2023

Wrongful Death of Passenger in Boating Accident Results in Seven-figure Settlement

Leesfield & Partners secured a seven-figure confidential settlement for the family of a young woman who was killed in a single-boat accident. The accident happened under the cover of darkness and was caused by operator error. Our investigation revealed that speed and alcohol were the contributing factors to an accident that should never have occurred. The operator traveled above the speed limit with a blood alcohol level above the 0.08% limit. Traveling at high-speed, impaired, with limited to no visibility, the operator crashed his boat into a concrete dock. The extremely violent impact caused our young and unsuspecting female passenger to be thrown overboard along with the rest of the passengers. She was airlifted to a hospital with critical injuries but ultimately did not survive.

Operator Error is Leading Cause of Boating Accidents

Last June, the Florida Fish and Wildlife Conservation Commission (FWC) issued its yearly Boating Accident Statistical Report, and there was an unfortunate increase in statewide boating-related fatalities. In 2022, Florida saw a total of 735 boating accidents, marking a decrease of 16 incidents compared to 2021. However, the sobering aspect of the report was the 65 lives lost in these accidents, which represented an increase of five fatalities compared to the previous year. Notably, since 2003, falls overboard have consistently been the leading type of fatal accident, with drowning as the leading cause of death.

Published on: June 9, 2023

Over $1.2 million secured in back to back Key West settlements

By Leesfield & Partners

In the Courtroom

Partner Justin Shapiro represented a family visiting Key West from California that was involved in a jet ski incident and Partner Adam Rose represented the family of a Monroe County Sheriff’s Deputy injured in a motor vehicle accident.

Unparalleled Experience and Success Representing Victims of Jet Ski Incidents

Published on: November 15, 2022

Leesfield & Partners Celebrates 35 Years of Excellence Representing Injured Victims in Key West

By Leesfield & Partners

In 1987, Leesfield & Partners opened their offices in Key West on the heels of a wrongful death case tried to verdict by Ira Leesfield. For the past four decades, the firm’s involvement in Monroe County has continued to grow both in the courts and in the community through educational programs, scholarships and contributions to numerous food banks. Every year the firm is a proud sponsor to the Marques Butler Memorial Softball annual tournament that is held in honor and memory of Marques Butler, a former client. The firm also looks forward to organizing, sponsoring and participating in the Monroe County Bar Association’s Annual Continuing Legal Education luncheon customarily held at Leesfield & Partners’s Key West Offices on Whitehead Street.

It is through its personal injury practice that the firm makes the biggest difference in the community. Most recently, Partner Thomas Scolaro has obtained an 8-figure settlement stemming from a house fire in Ramrod Key. This is the second time Mr. Scolaro secures such a result for clients. A few years ago he tried E.E. vs. XYZ Resort Hotel & Marina and MARK JASON HOLMES to verdict and won $40,580,000 for his client. To this day, this remains the highest personal injury verdict in the history of Monroe County.

Ira Leesfield and Thomas Scolaro also reached a seven-figure settlement on behalf of an Iowa family that was injured following carbon monoxide exposure at a Key West Hotel. In addition to proving that the hotel’s negligent repair to the boiler roof vent caused carbon monoxide to be forced back down into the boiler room of the hotel and into the adjoining guest rooms where our clients slept, the firm successfully fought for passage of Senate Bill 1822. It was the first law at the time that required public lodging establishments to install one or more carbon monoxide detectors that we all take for granted today.

Published on: May 26, 2022

Fatal Boating Incident in Florida Keys Results in $1.7 Million Settlement

By Leesfield & Partners

On Memorial Day, our client’s young boy who was snorkeling at the time was run over by a family boat operated by a 6-grader while at full speed and on a full plane. The propeller fatally injured him. Despite having a diver’s down flag prominently displayed, the reckless teenager who never should have been trusted with operating the boat alone fled the scene, went home, covered up evidence of his crime and lied to the police. Our investigation found five witnesses who saw him flee at full speed.

A lawsuit was filed against multiple defendants including the parents under counts of negligent entrustment and negligent supervision. Courts look at the following elements of negligent entrustment when the allegation is made against the parents of a young child: whether the parent entrusts an instrumentality to a child who because of his lack of (1) age, (2) judgment or (3) experience, may become a source of danger to others. In this case, our firm was able to satisfy every element by establishing that the recklessness behavior of the 13 year-old child/boat operator

Whether the parents knew or should have known with due care that injury to another was possible because of their child’s past reckless operation of the boat would constitute negligent supervision. We established through witness testimony, including from one neighbor who had previously seen the teen operating his boat in a reckless manner while the neighbor’s family was snorkeling at the docks off his house.

Published on: August 11, 2020

KEY WEST- Leesfield & Partners Files Wrongful Death Lawsuit Against Parasailing Operator on Behalf of 10-Year-Old Son Following Dad Nicholas Hayward’s Death

By Leesfield & Partners

Miami Attorneys Thomas Scolaro and Adam Rose have filed a wrongful death lawsuit against Sunset Watersports, the company operating the parasailing tour that resulted in the death of Nicholas Hayward. Mr. Hayward is survived by his 10-year-old son.

On July 17, Sunset Watersports’ boat captain, Andrew Santeiro, harnessed Nicholas and his girlfriend to their parasail and launched them in the air despite dangerous weather conditions. The Florida Fish and Wildlife Commission’s investigative arm has already concluded that “severe weather [was] a contributing factor”. Scolaro says that, “this incident would not have occurred but for Sunset Watersports’ utter disregard for the safety of its passengers and violations of Florida Law.” Scolaro further says that “Witnesses have already confirmed that the boat operator was displaying a ‘cowboy attitude’ ignoring passengers’ screams to slow down. Passengers report the operator never should have put them out there because they could not even stand on the deck without tipping over.”

Florida Statute 327.375 prohibits parasailing if the observed wind conditions are more than 20 mph or wind gusts are more than 25 mph. “Laws mean nothing if your health and safety are in the hands of cowboys who do not think the law applies to them. A young boy will grow up without a father because a boat operator wanted to play chicken with mother nature.”

Published on: July 19, 2020

Fatal Parasailing incident in Key West Underscores Limits of Florida Parasailing Laws

By Leesfield & Partners

This week, a tragic parasailing incident took the life of 36-year-old Nicholas Hayward and critically injured 28-year-old Azalea Silva. This is a very sad reminder that Florida laws regulating – or attempting to regulate – the parasailing industry are still utterly inadequate and do not protect life. A very similar case was handled by Leesfield & Partners in 2007, which resulted in the passage of the very first law of its kind in the state of Florida. Ira Leesfield and Thomas Scolaro have been at the forefront of this issue, and it is time for reform.

The Miami Herald has reported on the latest incident that the commercial boat used to launch tourists up their parasail was operated by Sunset Watersports. The Florida Fish and Wildlife Conservation Commission, which investigates all boating accidents, has already stated that “severe weather [was] a contributing factor with this boating accident.” The spokesman for FWC, Officer Bobby Dube, described to reporters that the boat was operating in the middle of “harsh weather” when the incident occurred at around noon. Dube added that the incident took place as the duo began their ascent, they apparently fell very quickly and crashed in the water.

Regulation of the Florida parasailing industry is very light. The Amber May Law came into effect on October 1, 2014. It was named after Amber May, a young teenager who perished in a similar parasailing incident in 2007 in Broward County. Amber and her younger sister were also sent in the air as a duo in the middle of severe weather. Neither the small boat nor the rope could resist the high winds, and ultimately the rope snapped. The girls were catapulted against nearby buildings and hotels. Crystal, Amber May’s sister, lost her best friend and sustained a traumatic brain injury in an incident that was 100% preventable. Leesfield & Partners filed suit against multiple defendants immediately and secured a settlement on behalf of the family.

Published on: August 23, 2017

Trial Lawyers support community and celebrate 44 years in Key West

By Leesfield & Partners

Leesfield & Partners continues its community involvement in Key West and Monroe County as it enters its 44th year as personal injury trial counsel.

In 1973, our managing partner Ira Leesfield, tried a wrongful death case on behalf of a Navy family, resulting in a widely known verdict. Since that trial, Leesfield and his partners have been called on to represent local families and visitors from all over the United States and the world.

Partner Thomas Scolaro has noted that our firm has tried to verdict and settled more substantial cases than any firm practicing in Key West. Mr. Scolaro’s $40.5 million verdict in September 2007 is certainly a record. However, the firm has a number of seven figure settlements and verdicts having represented many families and leaders of Monroe County.

Published on: September 30, 2015

Justin Shapiro made Partner at Leesfield & Partners

By Leesfield & Partners

Leesfield & Partners, a leading Miami-based personal injury law firm recently announced Justin B. Shapiro is being named partner. He joined the firm in 2011 and will help lead the firm’s Recreational and Resort Litigation Section.

“As we enter our 40th year in practice this October, Justin’s promotion is a clear indicator of our continued growth,” said Managing Partner Ira Leesfield.

justin shapiro.jpg Justin received his juris doctor degree, magna cum laude, from the University of Miami School of Law, graduating at the top of his class, and was inducted to the Order of the Coif. He holds a bachelor’s degree, cum laude, from the University of Central Florida. Since graduation, Justin has actively litigated hundreds of cases for the firm’s statewide practice, obtaining outstanding results in complex personal injury matters.

His verdicts and settlements for severely injured clients have been recognized by leading Florida journals and organizations. He will continue to focus his practice in the areas of personal injury/wrongful death, premises liability, auto and motor vehicle accidents, and complex personal injury cases.

He is actively involved in numerous professional organizations, including the Florida Justice Association, an organization dedicated to protect the rights of Florida citizens, the Dade County Bar Association and the Coral Gables Bar Association.

Justin is married to Karina Smuclovisky, who is also a practicing attorney. They reside in Coral Gables, Florida.
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Published on: February 14, 2013

Lawsuit filed in Key West following rear-end car accident

By Leesfield & Partners

It almost invariably happens the same way for many people who travel the roads of Monroe County, and Key West in particular. You are driving on Flagler Avenue, or Truman Avenue, or North Roosevelt Boulevard, when, out of nowhere, a distracted driver crashes into your car.

Invariably, the at-fault driver who caused the accident will exit his vehicle and offer an apology while asking if you and everyone in your car is ok. An officer from the Monroe County Sheriff’s Office will respond to the scene, listen to all parties involved and will issue a citation to the negligent driver. If you are hurt in the incident, the severity of your injuries will dictate how your personal injury claim will be handled. The magnitude of your injuries is the only variable in this scenario.

A victim of a traffic accident caused by a third-party in Florida has one out of four chances the negligent driver does not have insurance (nearly 24 percent of all drivers in Florida don’t have insurance, according to the nonprofit Insurance Research Council.)

Published on: October 29, 2012

Key West’s Fantasy Fest coming to a close with a rash of traffic accidents

By Leesfield & Partners

Yesterday, the annual Fantasy Fest was drawing to a close, but countless visitors and locals will not forget several terrible accidents which caused Overseas Highway to be shutdown for several hours by police.

Monroe County Sheriff’s Deputy Becky Herrin told the Sun-Sentinel that they “expect heavy traffic, possibly with a bottleneck in Islamorada that sometimes stretches to the Long Key Bridge. Our roads can only hold so many cars. And Fantasy Fest pretty much maxes out our traffic.”

During the last weekend of the festivities in Key West, Florida Highway Patrol and numerous Sheriff’s Deputies responded to more than 21 motor vehicle accidents. One of them involved the collision of a motorcycle with another car at mile marker 29.5 in Big Pine Key. One of the two people on the motorcycle was severely injured and rushed to Fishermen’s Hospital in Marathon where he was pronounced dead. The second occupant was flown to Miami by helicopter for further medical treatment.

Several hours earlier, two vehicles collided at mile marker 41 on the seven-mile bridge, which required the emergency rescue and transport to three people to Fishermen’s Hospital.

Over the years, the road to and from Key West has seen thousands of car accidents, with many resulting in fatalities. The causes for these crashes are often times attributed to speeding, alcohol, or texting. A study has revealed that between 2006 and 2010, Monroe County averaged 1,329 car accidents every year. Also, in the last 34 years, ending in 2009, the number of fatal car accidents throughout the county of Monroe was drastically higher than the average for the rest of the state of Florida. In the past ten years, there have been more than 220 fatal accidents in Monroe County.

Leesfield & Partners have established their offices in Key West over three decades ago and have been a staple in the personal injury landscape in Key West and throughout the Florida Keys.
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