Case Background
Lisett Gonzalez, as Personal Representative of the Estate of Victor A. Gonzalez, filed a lawsuit against Hialeah Enterprise, LLC d/b/a Hialeah Nursing and Rehabilitation Center in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida. The complaint was filed on December 16, 2021. Victor A. Gonzalez was an adult resident of Miami-Dade County who suffered from infirmities of aging that impaired his ability to adequately provide for his own care and protection. Hialeah Enterprise, LLC owned, managed, and maintained Hialeah Nursing and Rehabilitation Center and held the license to operate it as a nursing home. Gonzalez resided at the facility, and he died on August 22, 2021.
Cause
During his residency at the facility, staff and employees failed to develop an adequate care plan and failed to properly monitor and supervise the care and treatment provided to Gonzalez. As a result, Gonzalez suffered falls and unexplained injuries. The complaint alleged that Hialeah Enterprise violated Gonzalez's statutorily mandated nursing home resident's rights under Florida Statute §400.022, including the duty to provide adequate healthcare and protective services, prevent physical and mental abuse, and treat residents with dignity.
Injury
Gonzalez suffered falls and unexplained injuries while residing at the facility, which the complaint attributed to inadequate fall precautions, insufficient supervision, poor care planning, understaffing, and failure to properly train and supervise staff. He ultimately died on August 22, 2021.
Damages Sought
The complaint sought all compensatory damages allowed by law, along with prejudgment interest. Plaintiff reserved the right to later amend the complaint to add a claim for punitive damages. The estate sought recovery for medical expenses, pain and suffering, loss of dignity, humiliation, disability, and other damages tied to Gonzalez's care and death.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Lisett Gonzalez, as Personal Representative of the Estate of Victor A. Gonzalez
· Counsel for Plaintiff: William A. Dean
Defendant: Hialeah Enterprise, LLC d/b/a Hialeah Nursing and Rehabilitation Center
· Counsel for Defendant: Robert E. Paradela | Jessica L. Kaplan
Key Arguments or Remarks by Counsel
Claims
Plaintiff's counsel brought a single count against Hialeah Enterprise under Chapter 400 of the Florida Statutes for violation of Gonzalez's resident's rights. The complaint asserted that the facility's responsibilities under Florida Statute §400.022 were non-delegable, meaning Hialeah Enterprise bore direct liability for violations, deprivations, and infringements committed by any person or entity under its control, including employees, agents, consultants, and independent contractors. The complaint also alleged vicarious liability for the acts and omissions of anyone under the facility's direct or indirect control.
The complaint stated that this was a claim based solely on custodial care issues under Chapter 400, and that presuit requirements under Chapter 766 were unnecessary. It stated that Plaintiff had complied with the nursing home presuit provisions under Florida Statute §400.0233 and had satisfied all conditions precedent to filing the action.
The complaint listed numerous failures by the facility, including failure to implement fall precautions, failure to provide adequate supervision, failure to develop and update a proper care plan, failure to maintain adequate records, failure to notify family and physicians of changes in Gonzalez's health, failure to protect Gonzalez from foreseeable harm, failure to protect his dignity and privacy, failure to follow physician orders, failure to properly chart under Florida Statute Chapter 400, Florida Administrative Code 59A-4, and 42 C.F.R. 483, inadequate staffing, improper training and retention of staff, and failure to timely transfer Gonzalez to the hospital.
The complaint also outlined the damages recoverable by survivors under Florida's wrongful death framework. It stated that survivors could recover the value of lost support and services from the date of injury through death, with interest, and future loss of support and services from the date of death, reduced to present value. It further stated that a surviving spouse could recover for loss of companionship, protection, and mental pain and suffering from the date of injury. The estate's personal representative could recover lost earnings from the date of injury to death, minus support already provided to survivors, along with medical and funeral expenses charged to the estate. Gonzalez was survived by his wife, Leidis Gonzalez, and his daughter, Lisett Gonzalez.
Defense
Hialeah Enterprise filed its Answer and Affirmative Defenses on February 14, 2022, through attorneys Robert E. Paradela and Jessica L. Kaplan. The Defendant denied every material allegation in the complaint unless specifically admitted and demanded strict proof of those allegations.
The defense argued that Gonzalez himself was guilty of negligence or had assumed the risk that caused or contributed to his injuries, and that any award should be barred or reduced under the doctrine of comparative negligence. The defense invoked Florida Statute §768.81, claiming entitlement to all applicable setoffs and limitations of liability under comparative fault principles. It also argued that if any negligence occurred, it was solely due to third parties not under the Defendant's care, custody, control, or supervision, meaning Plaintiff could not recover against Hialeah Enterprise.
The defense further claimed that the action was barred under Florida Statute §95.11 because it was brought more than two years after Plaintiff knew or should have known of the injury, or knew there was a reasonable possibility that the injury was caused by medical negligence. It also argued more generally that the action was not brought within the applicable limitations period. The defense claimed Plaintiff failed to mitigate damages as required under Florida law, and that any recovery should be reduced accordingly. It asserted that any recovery of noneconomic damages was limited under Florida Statute §766.118.
Hialeah Enterprise also argued that the Court lacked subject matter jurisdiction because Plaintiff failed to comply with conditions precedent under Florida Statutes §766.106 and §766.203, statutes governing medical negligence presuit requirements. The defense claimed that Gonzalez had executed an informed consent for the care and treatment provided, which barred Plaintiff from recovery. It further asserted that the Defendant conducted itself within the prevailing professional standard of care at all material times. Finally, the defense claimed entitlement to any credit or setoff for payments made or payable to Plaintiff from any collateral source, and demanded a jury trial on all triable issues.
Jury Verdict
The jury returned its verdict on May 12, 2025, in favor of the Plaintiff. The jury awarded $40,591.98 for past medical expenses and $400,000 for past pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life. The total amount of damages awarded came to $440,591.98. Jury foreperson Joi Brewton signed the verdict form.
