Federal Court Verdict Upholds $5.75 Million Legal Settlements in Drowning of Jazz Musician and Rabbi’s Wife off Miami Beach

Attorneys with the personal injury law firms Abramowitz & Pomerantz, P.A. and Grossman Roth, P.A., won a $5.75 million verdict against Monticello Insurance Company, which had refused to pay a settlement between the City of Miami Beach and the families of Zachary Breaux and Eugenie Poleyeff, who drowned there in 1997 (see also Abramowitz & Pomerantz, P.A.).

In this phase of what has been a complicated, 10-year lawsuit, the Federal District Court in Miami ruled against the Delaware-based insurance company, said Howard Pomerantz, legal counsel for Breaux's wife and family.

According to the suit, on February 20, 1997, jazz guitarist Breaux, 36, his wife, and three daughters were vacationing at the Seville Hotel on Miami Beach. Nearby, Rabbi Israel Poleyeff and his wife, Eugenie, 66, had rented lounge chairs and umbrellas behind the hotel.

Strong winds had created dangerous rip currents, though no warning flags went up, as city lifeguards did not protect the beach. That section of beach did have city-managed restrooms, water fountains and parking though. Private beach concessionaires had a shack and buoys in the water and employees who appeared to be lifeguards, but were not said Pomerantz and Andrew B. Yaffa, legal counsel for Poleyeff's husband.

When Mrs. Poleyeff was caught in the rip current, Breaux told his family to get the lifeguards, and entered the water to save Mrs. Poleyeff. Both drowned while Breaux's wife and three young daughters watched in horror.

"To the average beachgoer, the beach was guarded," said Pomerantz. "Other beaches that were guarded had warning flags flying that day."

The case already had created a landmark ruling. In 2005, the Florida Supreme Court ruled that cities, like private landowners, have a responsibility to warn beachgoers of dangerous conditions that are known or should be known. "The city at the time had created the appearance of a protected beach," Pomerantz said, noting that soon after the drownings, the city erected a lifeguard stand at that beach. "All we were saying is they should have posted signs that this was not a protected beach."

With that Florida Supreme Court ruling, and when Monticello refused to defend Miami Beach, city officials decided to negotiate a settlement with the Breaux's estate and the estate of Eugenie Poleyeff.

"With this decision, the city was in an indefensible position and did a tremendous job in limiting its exposure," said Yaffa. "This was evidenced by Judge Gold's finding that the jury verdicts likely would have been well north of $15 million combined."

Monticello refused to pay the settlement, and sought a Declaratory Judgment Action asking the court to rule that the insurance company's policy didn't cover the city. The court ruled on three key legal issues. First, that Monticello's refusal to defend the case as the insurance provider for Miami Beach was wrongful; that the settlement amounts negotiated between the city and Breaux's and Poleyeff's estates were reasonable and that the settlement was entered into in good faith without fraud and collusion. The court already had ruled against Monticello in March of this year on a fourth key issue: That coverage existed on Miami Beach's policy.

"Monticello's logic was not only faulty, it was without any legal basis whatsoever and the court arrived at the same conclusion," said Yaffa, who joined forces with Pomerantz in fighting Monticello.

"The city long ago realized that if this went to trial, a jury sympathetic to the Breaux family's case could return a huge verdict," said Pomerantz. "The city wanted to do the right thing and settle with the victims, but they became a victim themselves when Monticello abandoned them by denying both coverage and defense."

"Eugenie Poleyeff was a mother of three, a wife of 44 years and a secretary who never would have gone in the water had the city simply warned that the beach was either unguarded or there were rip currents," said Yaffa. "She leaves behind a husband and a family who loved her dearly and misses her every day."

"Zachary Breaux was a child Eagle Scout," added Pomerantz, "a vegetarian who did not drink, smoke or do drugs. He was a mentor to young children in Harlem, a volunteer, and his latest CD had just gone to number one on the smooth jazz radio charts. He was a brilliant musician and composer and more important, a good human being who gave his life trying to save another."

ABOUT ABRAMOWITZ & POMERANTZ, P.A.

Abramowitz & Pomerantz, P.A. is a Florida personal injury law firm, rated AV, the highest possible rating by Martindale Hubbell Law Directory. With over ninety years combined attorneys' experience, Abramowitz & Pomerantz, P.A. is one of the leading personal injury firms in South Florida. The firm represents its clients before state and federal courts, in administrative proceedings, before various governmental agencies, regulatory authorities and in arbitration proceedings. For more information visit http://www.floridainjurylawyers.com/