Daughter Files Wrongful Death and Negligence Lawsuit against Hollywood Hills Rehab Center after Parents Suffer in Wake of Hurricane Irma

September 25, 2017 / 12:30 pm

CORAL GABLES, Fla. (Sept. 22, 2017) — Attorney Curtis Miner, partner at the law firm of Colson Hicks Eidson, filed a wrongful death and negligence lawsuit today in the 17th Judicial Circuit in Broward County against Rehabilitation Center at Hollywood Hills, LLC., a 152-bed nursing home facility located in Hollywood, Florida where the power operating the cooling systems failed in the wake of Hurricane Irma. The suit was filed on behalf of Margarita Navarro, the daughter of Miguel Antonio Franco and Cecilia Franco, residents of the Hollywood Hills nursing home and ultimately victims of the facility’s negligence.

According to the lawsuit, as a result of the defendant’s negligence and failure to prepare adequately for Hurricane Irma, which impacted South Florida on Sunday, September 10, 2017, many of the elderly residents suffered for days in extreme heat and deplorable conditions, leading to the death of eleven of its residents to date, including Miguel Antonio Franco, 93, the plaintiff’s father, who died as a result of his continued exposure to the unbearable conditions. Additionally, Cecilia Franco, 90, the plaintiff’s mother, suffered serious injuries and damage to her health and remains hospitalized in serious condition.

As Hurricane Irma approached South Florida and a hurricane warning was issued for the Broward County area, the Rehab Center told the plaintiff that her parents would not be evacuated, but assured her that they would be safe and cared for at the Center. However, the suit contends, the Rehab Center did not have an adequate generator-powered air conditioning system and had no reliable way of keeping the facility at a safe temperature in the event of a power outage.

The suit alleges that the defendant failed to secure reliable and effective air conditioning systems to operate in the event of a power outage and failed to address the obvious health crisis by evacuating the residents or by calling for emergency medical assistance from the hospital across the street. Instead, it forced the helpless residents to endure the sweltering heat and humidity for days.

After nearly three days without power to the air-conditioning system, the first call to 911 was made.

According to the suit, the plaintiff was never alerted to the dire situation that was affecting her parents. In fact, to this date, nobody from the Rehab Center has ever contacted the plaintiff or her family members to explain how this was allowed to happen or to advise them of her father’s death, which occurred on or about September 13, 2017.

Additionally, according to the complaint, the Rehab Center’s marketing materials tout that it is located “directly across the street from Hollywood’s Memorial Regional Hospital, so in case of an emergency patients have access to even more of the finest health care at all hours of the day or night.”

“Some tragedies are unavoidable, but this tragedy was entirely avoidable,” said Miner, who filed the case along with his co-counsel Albert Z. Levin. “With this lawsuit, we hope both to cast a light on the egregious treatment suffered by elderly and vulnerable members of our community at the Rehab Center and to prod regulatory changes to prevent this from recurring in the future.”

The family and their attorneys are holding a press conference on Monday, September 25 at 11:00 a.m. at the law firm of Colson Hicks Eidson, 255 Alhambra Circle, Penthouse, Coral Gables, FL 33134. Please call or email Cindi Perantoni if you plan to attend: cperantoni@krepspr.com /305-962-9206.

About Colson Hicks Eidson

The Law Firm of Colson Hicks Eidson is a trial firm with nearly 50 years of experience handling local, national and international litigation, and arbitration. Members of the firm have been involved in some of the country’s most high-profile and landmark cases resulting in impactful and precedential rulings. A mid-size firm with a diverse staff comprised of more than 50 percent women and minorities, Colson Hicks Eidson prides itself on a track record of developing future leaders within the legal profession and its civic and community involvement. Members of the firm have held notable positions serving on the boards of prominent institutions, such as the State University System of Florida and the Florida State Board of Education, and holding high-ranking offices, including President of the 60,000-member American Association for Justice; President of the International Academy of Trial Lawyers; President of the Academy of Florida Trial Lawyers; President of the Dade County Bar Association; President of the Miami-Dade Florida Association of Women Lawyers; United States Attorney for the Southern District of Florida; and Chairman of the Florida Federal Judicial Nominating Commission.

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Colson Hicks Eidson has been named to the 2027 edition of “Best Law Firms” by Best Lawyers®, recognized at both the national and regional levels. Twelve of the firm’s attorneys were also named to the 2027 edition of Best Lawyers across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. 

We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that the Miami-Dade Bar has named partners Stephanie A. Casey and Thomas A. Kroeger 2026 Circle of Excellence Award honorees. Stephanie was recognized in the Civil Litigation category and Tom in the Appellate category.

Both were selected for exemplifying skill, integrity, and professionalism in their respective practice areas, with honorees chosen by a committee of past recipients following input from the local legal community.

Stephanie has more than 15 years of experience handling complex civil litigation and class actions in state and federal courts, on both the plaintiff and defense sides. She represents businesses, injured consumers, whistleblowers, and individuals improperly denied health benefits.

Tom’s practice focuses on complex civil litigation and appellate matters, including personal injury, wrongful death, medical negligence, product liability, and other complex disputes. He has argued appeals before state and federal appellate courts, including the Eleventh and Eighth Circuit Courts of Appeals.

They will be honored at the Miami-Dade Bar’s Annual Awards Ceremony on November 18 at the Biltmore Hotel in Coral Gables. Register here. 

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that all of our partners have been named to the 2027 Lawdragon 500 Leading Litigators in America guide. Congratulations to Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas A. Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate their work and the exceptional litigation talent across our firm. This recognition reflects their dedication to excellence in advocacy, meaningful contributions to complex litigation matters, and continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has secured key rulings on behalf of the family of Cristian Fernandez in a wrongful death lawsuit arising from a 2023 collision between a Fisher Island ferry and a recreational vessel in Miami’s Government Cut.

During a September 1 hearing, Eleventh Judicial Circuit Judge Abby Cynamon granted the estate’s motion for partial summary judgment, finding that the defendant was operating and in control of the recreational vessel when it collided with a Fisher Island ferry. Cristian, a 27-year-old passenger aboard the recreational vessel, tragically lost his life in the collision.

The court also denied the defendants’ motion for partial summary judgment regarding the ferry, finding that the evidence concerning any alleged navigational rule violations was disputed.

Colson Hicks Eidson partner Thomas A. Kroeger argued the motions on behalf of Cristian Fernandez’s estate. Tom and partner Julie Braman Kane represent the Fernandez family in the litigation.

Colson Hicks Eidson is proud to continue representing the Fernandez family in seeking justice for Cristian.

Media coverage includes:

Law360 – Boater Was In Control In Fatal Ferry Crash, Fla. Judge Rules

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson attorneys, Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Thomas Kroeger, Roberto Martinez, and Curtis Miner, who have been recognized in the 2027 edition of The Best Lawyers in America®.

And congratulations to Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh, who are each recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Susan Carlson

  • Personal Injury Litigation – Plaintiffs

Stephanie A. Casey

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants
  • Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Joseph J. Kalbac Jr. – “Lawyer of the Year”

  • Commercial Litigation
  • Insurance Law
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Julie Braman Kane

  • Commercial Litigation
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Thomas Kroeger

  • Personal Injury Litigation – Plaintiffs

Roberto Martínez

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar

Curtis Miner 

  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

  • Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that nine of our partners have been named to the 2026 Lawdragon 500 Leading Global Litigators guide. Congratulations to Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate the outstanding work of our partners and the exceptional litigation talent across our firm. This recognition reflects their unwavering dedication to achieving outstanding results for clients and their continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.