Children of Prominent New Jersey Couple Settle Lawsuit – Insurance Company Settled the Policy Limit of $11 Million During Mediation

December 3, 2007 / 10:50 am

Miami, Florida December 3, 2007 – The lawsuit filed in Miami Dade County on behalf of Michael Klein and Lisa Klein, for the wrongful death of their parents Alan B. Klein, 52 and Deborah M. Klein, 49, both from Cherry Hill New Jersey, was settled during mediation on November 30,2007 for $11 million.

Deborah and Alan Klein were in Florida to visit his father, Morton Klein, 78, who was gravely ill. On February 11, 2005, at approximately 10:30 pm, the couple was traveling northbound, in the left lane, approaching the entrance ramp of State Road 91 in Broward County, Florida in a 2003 Ford vehicle. Traveling with them were 2 other relatives. Behind them, in the right lane, was a tanker trunk that had just left Port Everglades, loaded with approximately 9,000 gallons of fuel. Both drivers were approaching a two lane curve. The confidential settlement prohibits the disclosure of the defendants.

According to witnesses, the tanker made the turn too fast, skidded approximately 30 feet, flipped onto its left side, landed on the Klein’s vehicle, slid 40 feet, pinned the car against the guardrail and then exploded and burst into flames. The flames burned at temperatures between 1200 and 2200 degrees – hot enough that it melted the asphalt and the aluminum of both vehicles, and left the victims charred beyond recognition. DNA tests revealed that Deborah and Alan Klein were two of the victims.

The lawsuit alleged that the Miami based tanker company and its driver were responsible for the death of the Kleins due to negligence, including negligent & reckless driving; failing to exercise reasonable care while operating a fuel tanker containing volatile fuel; negligently hiring of the driver to operate the tanker when he was unqualified; negligently entrusting the tanker to the driver, who had a bad driving record; failing to properly train, instruct or supervise the driver in the safe operation of the tanker; failure to maintain the tanker; and negligently failing to meet the industry standards for safety. “The tanker company claimed that the driver was a safe driver when in fact his driving record indicated that he had 10 violations, including a ticket for driving 80 mph in a 55 mph zone,” said the attorney for the Klein’s children. “The tanker company had a duty to know their employee’s driving record and act accordingly for the safety of others.”

Both Alan and Deborah Klein were successful business persons and prominent leaders in their community. Alan Klein was President –Elect of the Jewish Community Center in New Jersey and Debbie Klein was Vice President on the board at Samoset Jewish Family and Children Services. They were deeply respected individuals and the proud parents of Michael and Lisa Klein, both college age. The lawsuit sought damages on behalf of the children, who as a result of the Defendants’ negligence, lost their parents’ love, guidance, companionship, and support and will continue to do so into the future. The two other passengers in the vehicle have also filed suit and their outcome is pending. The Klein children’s economic damage claim, however, was expected to be the largest as a result of the relatively young age of their parents and the substantial loss of income involved. Additionally, the Klein’s children are entitled to recover non-economic damages for the mental anguish and grief that the wrongful death of their parents caused them to suffer. “The driver should not have been allowed to drive a tanker full of fuel,” said Colson Hicks Eidson partner and plaintiffs’ attorney. “His reckless driving has forever altered the life of the Klein children. Their parents in essence were cremated alive. This should have been avoided.”

Trending Stories

September 20, 2024

Latest Updates
and Insights from Colson

Related News & Case Studies

The U.S. Attorney’s Office for the Southern District of Florida has launched a new Whistleblower Non-Prosecution Pilot Program. It reinforces the recent efforts of the Department of Justice Criminal Division’s new Corporate Whistleblower Awards Pilot Program.

The local pilot program offers non-prosecution agreements in exchange for the early and voluntary self-disclosures of criminal conduct.  The Department’s pilot program offers financial rewards to a whistleblower who provides original and truthful information about corporate misconduct that results in a successful forfeiture.  

Both pilot programs require the prompt disclosure of truthful and complete information.   

At Colson Hicks Eidson, our attorneys have advised and represented clients across the full range of internal investigations, government inquiries, enforcement actions, whistleblower actions, and civil and criminal trials.  For further information, contact us at 305-476-7400 or info@colson.com.

MIAMI (June 24, 2024) – Colson Hicks Eidson announced today that six of its attorneys have been named in the 2024 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac, Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary Lipshultz has been recognized as a Rising Star.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

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 over 50 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.

MIAMI (June 13, 2024) – Colson Hicks Eidson has been recognized as one of the top three trial law firms in Florida in the “Litigation: Mainly Plaintiffs” category by the respected Chambers and Partners USA Legal Guide for the fourth year in a row. In addition, five of the Miami-based firm’s attorneys were also ranked individually.

“These rankings highlight the commitment and hard work of our attorneys, showcasing our firm’s capability to manage diverse cases for our clients,” said Dean Colson. “As the South Florida business landscape evolves, we remain committed to serving new clients while upholding the same standard of excellence that has defined our firm for 55 years.”

Stephanie Casey, Julie Braman Kane, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner received the top ranking (Band 1) and Eidson was named “Senior Statesperson” in “Litigation: Mainly Plaintiffs.” Martínez was named “Senior Statesperson” in two categories: “Litigation: Mainly Plaintiffs” and “White Collar Crime and Government Investigations.”

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

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 over 50 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 lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

The incident took place on Dec. 18, 2022 when three generations of the family boarded United Airlines Flight 1722 from Maui, Hawaii to San Francisco, California after a long-planned family vacation.

Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.