Biking Incident at Gated Community
On November 5, 2017, Lourdes and Edward Latour rode their bicycles through the Gables by the Sea Community in Coral Gables. As they exited, the community’s guard gate arm lifted to let them pass. But it suddenly came down too fast, striking Lourdes. She was thrown off her bike and injured on impact.
Alleged Negligence by the County
The Latours blamed Miami-Dade County, responsible for the gate’s operation. They alleged the County failed to account for bicycle traffic. They said the gate system was unsafe and had not been modified despite prior warnings. They also cited noncompliance with MUTCD Section 8C.04, a safety standard for gate operations.
Injuries and Long-Term Effects
Lourdes suffered a serious injury to her left arm. The break required surgery and hospitalization. She continues to experience physical pain, reduced function, and emotional distress from the incident.
Financial and Emotional Harm
The couple seeks compensation for Lourdes’s medical costs, pain, and lasting disability. Edward Latour also claims emotional loss. He cited a lack of companionship, intimacy, and help at home since the injury.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Lourdes Latour | Edward Latour
Counsel for Plaintiffs: David P. Vitale Jr. | Matthew Kerry Schwencke | Andrew A. Harris
Expert Witness for Plaintiffs: David Rowland Lamb | Roberto Miki
Defendants: Miami-Dade County | Gables by the Sea Homeowners Association Inc. | TL37 Inc. | US Security Associates Inc. | TEM Systems Inc. | 50 State Security Service Inc.
Counsel for Defendants: Nicole Ramos-Barreau | Nykeah L. Cohen | Richard D. Schevis | Michael A. Vazquez | Nicholas A. Demahy
Legal Allegations
Count 1: Unsafe Gate Operation
Lourdes Latour sued Miami-Dade County for negligence in operating and maintaining the gate system.
Count 2: Loss of Marital Support
Edward Latour filed a separate claim for loss of consortium due to his wife’s injuries.
Defense
US Security Associates, Inc. denied all key allegations and asserted it had no liability as a successor to TL37 Inc., claiming it did not assume TL37’s past obligations. It raised multiple affirmative defenses, including comparative negligence, unforeseeability, intervening causes, and failure to mitigate damages. It also sought set-offs for any payments made by other parties or collateral sources. The company argued that the plaintiffs’ injuries were either pre-existing, caused by others, or not its responsibility due to lack of control or duty.
TEM Systems, Inc. similarly denied involvement, claiming the allegations did not pertain to its actions. It raised defenses such as comparative fault, third-party responsibility, open and obvious hazard, and lack of a duty to insure plaintiff’s safety. TEM also invoked the Slavin Doctrine and statute of limitations, asserting the gate involved was installed over 15 years ago and that liability, if any, rested with others. Both defendants demanded strict proof and sought full or partial dismissal.
Jury Verdict
On January 16, 2025, a Miami-Dade County jury awarded a total of $4,915,000 in damages to Lourdes Latour and her husband, Edward Latour, in their negligence lawsuit against Miami-Dade County and US Security Associates, Inc. The jury found that the defendants’ negligence caused Lourdes’s injuries and awarded her $4,000,000 for past and $750,000for future pain and suffering, disability, and related losses. Edward Latour received $100,000 for past and $65,000 for future loss of consortium. The court will adjust the final award based on the jury’s apportionment of negligence.
