Miami False Claim Attorney

Miami Beach hotel, fired cop sued in ATV crash

The lawsuit filed on behalf of Kitzi Nicanor, 29, is seeking unspecified damages from the Clevelander Hotel Kuilan and Derick, who was fired by the Ministry of Police of Miami Beach, shortly after July 3 crash. Kuilan, 30, also faces criminal charges in the case.

Nicanor has suffered a traumatic brain injury that will likely require years of rehabilitation, his lawyer said Frank Toral. Nicanor, a resident of Seattle who has a son in a year, remains hospitalized in stable condition. His parents take care of his son.

Since the crash, she suffered memory loss, problems speaking, paralysis on his right side and difficulty concentrating. Nicanor also had holes in his heart, a broken leg and a damaged spleen was removed.

"This accident was needless, senseless and it could have been prevented," Toral said, adding that her recovery costs could range into the millions of dollars.

"She's slowly progressing, but it's a very difficult situation."

The lawsuit, filed in Miami-Dade County Circuit Court, contends that the Clevelander regularly allowed on-duty police officers to drink alcohol and hang out at its nightclubs. Earlier this week, Miami Beach Police Chief Carlos Noriega said his department was investigating whether on-duty drinking by officers, clearly banned under agency policy, was nevertheless more common than expected.

"It's certainly something we're looking at," Noriega said. "We're going to tighten up our policies and procedures."

In an emailed statement, the Clevelander's management said it "strongly disputes" the lawsuit's allegations.

"At no time during the day in question did Clevelander associates or management serve alcohol to Officer Kuilan," said the statement by Anna Whitlow, the hotel's marketing manager. "We are not able to speak for any other establishments on Ocean Drive that may have served these officers."

Court records did not list an attorney for Kuilan.

Toral said he also planned to sue the City of Miami Beach after a six-month waiting period required by state law. Damages in Florida lawsuits against government entities are generally capped at $100,000 per claimant — it would be $200,000 in this case for Nicanor and her son — but Toral said a higher settlement could be reached.

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