Trial Magazine

Jose Clemente, a 45-year-old fisherman, was docked at Safe Harbor, a property owned by Bernstein Residuary Trust and operated by retail fish market Fishbusterz LLC. One day after work, Clemente drank vodka and socialized with other fisherman on the property. Two unknown men yelled to one of the fishermen, Iliecer Noa, asking about the location of another fisherman. This led to an argument and physical confrontation. Clemente and Noa were shot during the argument. Clemente suffered fatal injuries, and Noa suffered severe leg injuries that necessitated a double leg amputation. Clemente is survived by his three adult children.

Noa and a representative of Clemente’s estate claimed that Fishbusterz and the Bernstein Trust were liable for negligent security on the property, which was in a neighborhood well known for vagrancy and drug use. The claimants asserted that the fishmarket lacked a functioning security gate and had dilapidated fences and limited security cameras.

The claimants did not seek lost income or medical expenses.

The parties settled for $6 million before suit was filed. Fishbusterz contributed $4 million, and the Bernstein Trust paid the rest.

Citation: Gonzalez v. Fishbusterz LLC, settled before filing, Dec. 13, 2021.

Claimant counsel: AAJ member Michael Haggard and Adam C. Finkel, both of Coral Gables, Fla.; and Charlie Mustell, Miami.