A worn-out apartment complex parking lot in Tampa, Florida, sat seemingly empty, save for a 26-year-old man and his female acquaintance. Engine idling, they sat and discussed plans for the following day. As was all too common in the area, a gang member slipped onto the property through the open, unsecured, and damaged front gate. The intruder approached the young man’s vehicle, exchanged words, and, in an instant, shot at him. In a frantic, last-ditch endeavor to save his own life, the bleeding victim fled the complex and hobbled his vehicle 100 yards down a nearby street. Tragically, there wasn’t enough time before he perished on the side of the road.
The shooting had taken place at an apartment complex in an area well-known for gang activity that surged on the streets. A functional security gate was the one thing standing between residents and visitors with the outside violence of the surrounding area. However, this particular complex had not secured a formidable barrier for its tenants or the victim, even though the property owners knew the circumstances of the surrounding area. The gate had been left damaged and unrepaired, permitting gang members to approach the victim’s parked vehicle. As a result, the young man was killed in cold blood from multiple gunshot wounds.
While grieving, the family of the victim contacted personal injury attorney Joe Kopacz, a Tampa Bay personal injury attorney with Morgan & Morgan. Joe has had years of experience working on wrongful death, premises liability, and personal injury lawsuits. His first step into the case was piecing together the time and place that led to the tragedy. He wanted to understand how the victim was vulnerable to the situation and what could have gone differently, preserving his life and safety.
Kopacz reviewed surveillance footage, inspected the property’s security measures, and interviewed witnesses. He learned that the broken gate wasn’t the only security flaw. The complex also lacked onsite security personnel — something expected in such a dangerous neighborhood. Notably, a heavy-hitting piece of evidence was a visible broken window from a previous criminal incident. The jagged glass, exposing the apartment to the elements, validated how the complex owners chronically failed to make safety, gang violence prevention, or repair a standard rule of practice.
Despite all signs pointing to negligence, the Defendants did not go down without a fight. Callously, the Defense attorneys attacked the victim’s character, suggesting he was soliciting a prostitute or involved in gang activity. Opposing counsel also argued the apartment complex had sufficient security cameras onsite.
Joe fought to counter the Defense’s arguments. He collected evidence that revealed the apartment complex’s only crime prevention tools were a couple security cameras — a far cry from sufficient safeguards. The combination of the damaged security gate, nearby neglected broken window, and non-existent security paved a path to justice. However, Joe needed a way to convey his arguments clearly, persuasively, and concisely, as well as to let the Defense know he was ready to try the case if necessary. Thus, he contacted DK Global for a visual presentation. The 3D animated presentation they created laid bare the apartment complex’s liability, and how their negligence directly caused the deadly encounter.
The 3D reconstruction animation began with an overview of the murder scene and vicinity. The rendering of the shooting recreated the context of the murder, revealing the positioning of the victim, shooter, and witnesses. The presentation also included a top-down view of the apartment complex buildings. It showed surveillance video of gang members with guns entering the premises from the north and west entrances. The animation then detailed the gang members’ walking path to the scene of the crime, along with photos of the 9mm spent shell casings juxtaposed on a map of the complex. The artistic rendition of the broken window also helped paint the picture, cementing the Defendants’ negligence. Moreover, text was added to a scatter plot image showing the 1,001 crimes committed within a one-mile radius of the complex. Another graphic revealed the victim’s attempt to escape additional gunshots, recreating his final moments as he drove down an adjacent street.
Joe complimented his compiled evidence with renditions of the murder and onsite security flaws for a powerful presentation during mediation. Altogether, the demonstratives changed the course of the lawsuit. The realistic portrayal of the dilapidated apartment buildings and the shooting convinced the Defense to capitulate before advancing to a trial. After years of litigation, the Defense agreed with Joe to settle for $3,000,000, paid to the young man’s grieving mother. While nothing would bring her son back, the settlement provided closure and compensation for her loss of consortium, emotional trauma, and medical bills.
Joe Kopacz, an attorney with Morgan & Morgan, is lauded as one of Tampa Bay’s most trustworthy personal injury attorneys. A Florida native, Joe is a graduate of St. Leo University, the University of Toledo College of Law, and he also has an MBA from the University of West Florida. With years of experience representing clients at civil trial firms throughout Florida, Kopacz has the legal expertise necessary to win in and out of court. Joe’s passion for justice motivates him to fiercely advocate on behalf of those wronged by others. Joe was awarded a Martindale-Hubbell AV Preeminent rating in response to evaluations and recommendations from fellow attorneys. The ranking is the highest attainable in the field of law.