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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Dean is renowned as a top trial lawyer in the U.S. with 40 years of experience in complex civil litigation, personal injury, product liability, and professional malpractice. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Dean has demonstrated a strong commitment to community service through various leadership roles. He has been actively involved with the Institute of Contemporary Art in Miami, supporting access to the arts. He’s also been president of the Orange Bowl Committee and chaired the Super Bowl XXIX Host Committee. He served on the Florida Commission on Ethics and chaired the Florida Supreme Court Judicial Nominating Commission. He previously served as President of the Dade County Bar Association and as a distinguished member of the Florida Bar Board of Governors. Most recently, the Coral Gables Community Foundation recognized Dean at its 2024 Annual Gala with the Education Award.

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 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 (March 12, 2025) – Every day, the lawyers at Colson Hicks Eidson are privileged to deliver meaningful litigation results for our clients while working alongside some of the finest attorneys and people we know. We are honored that Lawdragon recognizes our dedication to our craft and are pleased to announce that all nine of our partners have been named in the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers guide.

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 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 (March 6, 2025) – This Women’s History Month, Colson Hicks Eidson congratulates partners Julie Braman Kane and Stephanie Casey who were named Florida Trend Legal Elite NOTABLE: Women Leaders in Law for their significant contributions and leadership in the legal profession.

Stephanie was recognized for her representation of injured consumers and her skills in complex litigation, including recent successes in ERISA health insurance benefits cases. Acknowledged by Chambers USA as “an excellent lawyer,” she actively contributes to the legal community as a Board member and former President of the South Florida Chapter of the Federal Bar Association, reflecting her commitment to mentorship and leadership in the profession.

Julie was recognized for her representation of plaintiffs in high-stakes personal injury and complex class action cases, leveraging over three decades of experience. Her accomplishments include serving as lead and liaison counsel in significant multidistrict and consolidated national litigation and securing notable verdicts and settlements in products liability, medical malpractice and negligence cases. A strong advocate for the underrepresented, she has spearheaded efforts to safeguard electoral access and has held leadership roles in the American Association for Justice and the Miami-Dade Florida Association of Women Lawyers. Julie’s legal knowledge is further acknowledged by Lawdragon and Chambers USA, underscoring her significant impact on the profession and her commitment to advancing justice.

We are proud to celebrate Julie and Stephanie, whose recognition reflects their outstanding achievements and the firm’s exceptional success in securing significant judgments and settlements across various areas of law.

Read more: http://digital.floridatrend.com/december-2024/page-86

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 was proud to represent Brookfield Properties, owner of the Ritz-Carlton Hotel property in Ft. Lauderdale, during trial in a long-running case brought by David J. Stern, a unit owner in the residential condominium portion of the property, who alleged water intrusion and property damage in his unit. After a three-and-one-half week jury trial in Broward County Circuit Court, the jury returned an across-the-board verdict in favor of our client. 

“Our firm was proud to represent Brookfield Properties in this hard-fought trial, and we are pleased that the jury delivered a clear and decisive verdict in our client’s favor,” Curtis Miner said.

Congratulations to our trial team Curtis Miner, Zachary Lipshultz, Aziza Elayan, and Michelle Roberto, joined by Jodi Kleinick from Paul Hastings.  

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 (January 22, 2025) – Colson Hicks Eidson is thrilled to announce that three of its partners have been named in the 2025 Lawdragon 500 Leading Lawyers in America. This impressive guide selects its lawyers through Lawdragon’s independent journalistic research and submissions process.

Now in its 20th year, Lawdragon 500 Leading Lawyers in America recognized Colson Hicks Eidson attorneys Julie Braman Kane, Roberto Martínez, and Curtis Miner for their exceptional work in litigation, plaintiff class action litigation, and white-collar practice areas.

Julie’s work has made a significant difference in the lives of her clients. She has represented plaintiffs in personal injury, commercial, and class action litigation, participating in cases securing hundreds of millions of dollars for clients, including recent resolutions of a data breach class action as well as multiple personal injury and wrongful death matters.

Curtis has tried cases to jury verdicts against auto manufacturers and airlines and has obtained sizable settlements in individual and plaintiffs’ class action litigation, having served as Class Counsel in cases against financial institutions arising out of Ponzi schemes and as part of court-appointed leadership counsel in the Takata Airbags Products Liability Litigation MDL, securing over $1.5 billion in settlements for classes of millions of vehicle owners.

Roberto has secured significant client wins in high-profile cases, including participating in settlements and judgments totaling in excess of $6 billion.

Click here to read the full guide on Lawdragon.

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.

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