Personal Injury Law

Deceased Man?s Estate Files Fayetteville, North Carolina Wrongful Death Lawsuit Against Shopping Mall and Nightclub

The family of Alejandro Gonzales Reyes has filed a North Carolina wrongful death lawsuit against the Palomino nightclub and the owners of the shopping center where the now-defunct business was located. Reyes was fatally shot on January 11 outside the club. Now, the 31-year-old?s estate is seeking financial recovery for the two young children that he left behind.

The defendants named in the Fayetteville, North Carolina wrongful death complaint are Bayview Financial L.P., Bayview Loan Servicing LLC, Palomino of Fayetteville Inc., and Sophia and Bill Agapion.

According to the Fayetteville, North Carolina wrongful death complaint, a court order had been issued to the mortgage company and the Agapions to stop criminal activity at the shopping center. State law also allowed them to evict the club for such offenses.

The Reyes? North Carolina wrongful death attorney says that the 31-year-old might still be alive today if only the defendants had followed the court order. He cites inadequate security in the parking lot and at the club.

Last year, Fayetteville police sued Bill, Palomino, and Bayview. The complaint claimed that the shopping complex was a public nuisance. The lawsuit contended that a number of clubs on the property, including South Beach, Palomino, and Crazy Dave?s Cabaret, were a burden because of the number of assaults, break-ins, drug crimes, and shootings that occurred at the three night spots and in their parking lots. In March, three weeks after Reyes was killed, a judge ordered all three clubs, and a fourth one, permanently shut down.

Premises Liability
A property owner or overseer can be sued for North Carolina premises liability or wrongful death if there was a history of crimes committed on the property or in the area and the defendant did not do enough to protect patrons, visitors, and others from becoming the victims of similar crimes. Premises owners must provide proper security so that violent crimes and petty crimes do not cause injury or death.

Man's estate sues Palomino nightclub, others over slaying, FayeObserver, December 30, 2009

Suspect arrested, charged in bar shooting, ABC Local, January 11, 2009

Full post as published by North Carolina Injury Lawyer Blog on December 30, 2009 (boomark / email).