Belated Friday Florida Law Update- Today’s Lunch Special: Roadkill Milanese

Hello all, and welcome back to your “I’m posting whenever I possibly can!” blog.   We’re woefully behind but determined to to work through it! 

We owe you a Florida law case and this one is great for water cooler fodder so here goes.  In Milanese v. City of Boca Raton, 2011 WL 2848628 (Fla. 4th DCA July 20, 2011), the Fourth District Court of Appeal reversed dismissal of a wrongful death claim against the City of Boca Raton after Decedent Milanese was released from custody and run over by a nearby train.  Milanese had been driving with a blood alcohol level of .24, three times Florida’s legal limit, even though his cousin had his own vehicle and was apparently not intoxicated.  Milanese was pulled over after he was spotted swerving badly and hitting curbs.  After he was pulled over and blew a .24, Milanese was detained and issued five traffic tickets, though police spared him a DUI charge.  He was released approximately 2 hours after he was detained and a cab was called for him.  Instead of waiting for the cab, the drunkard stumbled off and took a nap next to some train tracks.  You know the rest.

Milanese’s estate sued for wrongful death, claiming that the police placed Milanese in a “zone of risk” by releasing him instead of detaining him until his blood alcohol level came down. 

The trial court dismissed the case with prejudice for failure to state a claim.  On appeal, however, the Fourth DCA reversed.  The appellate court relied on a statute relating to the police’s duties in handling a suspect arrested for DUI, stating the circumstances under which the suspect may be released from custody (even though no DUI was issued in this case).  The Court did not declare Plaintiff victorious, but merely ruled that enough was presented to let the case proceed past the pleading stage. 

This case disgusts me on many levels, including how 1) an attorney could hear these facts and decide he wants to get behind suing the City;  but more importantly; 2) the growing lack of accountability in this society.  Here we have a drunk-off-his-ass idiot whose cousin lets him get behind the wheel cause they’re too selfish and lazy to scoop up the car the next day.  He gets pulled over, somehow is spared a DUI when he was driving so recklessly he easily would’ve killed anyone who would’ve been unfortunate enough to be in his way, is released after 2 hours and a cab is called for.  Somehow in there the police were negligent?  I guess the lesson for the cops next time is to throw the book at these morons from the beginning.



 THE COMMENTS ON THIS BLOG DO NOT CONSTITUTE LEGAL ADVICE.  NOR DO THEY CREATE AN ATTORNEY-CLIENT RELATIONSHIP.  They are provided for informational purposes only.  Actual legal advice can only be provided after consultation with an attorney licensed in your jurisdiction.

Explore posts in the same categories: Florida Law Updates

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