Case Background
Raoul Cappell had been riding his bicycle on a busy Miami Beach boardwalk on the evening of August 25, 2020, when a head-on collision changed his life. Around 6:50 p.m., as he navigated the crowded path near 50th Street, another cyclist, Lilia Montero-Diaz, struck him directly. The impact threw Mr. Cappell from his bike, leaving him with severe injuries while he waited for emergency responders to arrive at the congested scene.
Cause
The crash happened because Lilia Montero-Diaz had operated her bicycle in a negligent manner. The boardwalk was so packed with pedestrians and other users that she lacked the necessary space to avoid hitting Mr. Cappell. Furthermore, the City of Miami Beach had failed to post signs prohibiting or restricting bicycles in that specific area, even though it had received years of warnings about the dangers of mixing high-speed bike traffic with pedestrians on the narrow walkway.
Injury
The collision resulted in gruesome physical damage for Mr. Cappell. He broke his leg so severely that he required multiple surgeries and several months of intensive physical therapy. He also suffered fractured vertebrae and a deep wound in his back that took months to heal. These injuries caused him permanent pain, disability, and visible scarring.
Damages Sought
Mr. Cappell filed a lawsuit seeking more than $30,000 in damages to cover his extensive medical bills and lost wages. He requested compensation for his physical impairment, mental anguish, and the loss of his ability to enjoy life. He also claimed that the City should be held responsible for the long-term costs of his care and his diminished capacity to earn money in the future.
Key Arguments and Proceedings
The legal battle centered on whether the City had ignored a known hazard and which cyclist was truly at fault for the impact.
Legal Representation
Plaintiff(s): Raoul Cappell.
· Counsel for Plaintiff(s): Daniel W. Courtney | James J McNally
Defendant(s): City of Miami Beach and Lilia Montero-Diaz.
· Counsel for Defendant(s): Brett M. Rosen | Khristopher Ryan Salado | Freddi Mack | Henry J Hunnefeld
Key Arguments or Remarks by Counsel
Claims
Mr. Cappell’s attorney argued that the City of Miami Beach had been negligent because it allowed bicycles on a crowded boardwalk without proper safety measures. The legal team presented evidence that the City had known about the danger since at least 2018, when residents sent emails complaining that "boardwalk bikers" were "out of control" and endangering pedestrians. Counsel pointed out that while the City prohibited bikes on the southern portion of the boardwalk, it had extended the path north without adding any "No Bicycling" signs or dedicated bike lanes.
Against Ms. Montero-Diaz, the Plaintiff claimed she had breached her duty to operate her bike safely and had violated city ordinances.
Defense
Lilia Montero-Diaz fought back by filing a counter-claim, asserting that Mr. Cappell was actually the one who had caused the accident. Her lawyers argued that any injuries he suffered were the result of his own negligence and that he had failed to take steps to minimize his damages after the crash. They denied all allegations of wrongdoing and insisted that if anyone was to blame, it was either the Plaintiff himself or the City for the way the boardwalk was managed.
Jury Verdict
After hearing the evidence, the jury reached a decisive conclusion on November 18, 2025. They found that Lilia Montero-Diaz had been 100% negligent in the operation of her bicycle and that her actions were the sole legal cause of the accident. Crucially, the jury cleared Raoul Cappell of any wrongdoing, finding that he was not negligent at all.
The jury awarded Mr. Cappell a total of $369,210.66. This amount included $4,210.66 for medical expenses he had already paid and $365,000 for the pain, suffering, and physical impairment he had endured since the crash. They also determined that while he would not need more money for future medical bills or lost wages, the impact on his life warranted significant compensation.
Following the verdict, Judge Reemberto Diaz signed an Agreed Final Judgment on December 2, 2025, officially ordering Ms. Montero-Diaz to pay the full $369,210.66 to Mr. Cappell. The Court also ruled that Ms. Montero-Diaz would receive nothing from her counter-claim against him. The case was then closed as to all parties.
Court Documents
