The city of Miami may be on the hook for millions of dollars in a new lawsuit arising out of Commissioner Joe Carollo’s longstanding legal battle with Little Havana property owners.
QBE Specialty Insurance Company, a firm that provides legal insurance coverage for municipalities, this week sued the city in federal court. The company seeks to recover the millions of dollars it has paid to the city since 2018 to cover the legal costs of defending Carollo in a series of lawsuits.
“This action seeks a declaration that QBE has no duty under the … Policies to defend the City, Carollo or any of the other individuals who are defendants in the Underlying Lawsuits,” QBE wrote in its 66-page complaint. (A copy of the complaint is embedded at the end of this story.)
The decision to have the city pay Carollo’s legal fees was one of the foremost reasons former City Attorney Victoria Méndez was pushed out of her position last month. A staunch defender of Carollo, Méndez said it was the responsibility of the city to pay for his legal representation, despite arguments from critics that his actions fell outside the scope of his duties as a city commissioner.
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READ MORE: U.S. Marshals set to auction Joe Carollo’s home over $63.5 million federal judgment
Little Havana entrepreneurs William Fuller and Martin Pinilla sued Carollo in federal court in 2018. They accused Carollo of repeatedly sending code enforcement, police and the city’s fire department to their properties to satisfy what they called a “vendetta” against them. Fuller and Pinilla had supported Carollo’s political opponent Alfie Leon in 2017. They argued Carollo was angry at them for backing his rival, and when he took office, he took it out on their businesses.
Last June, the two businessmen won their lawsuit against the commissioner after a Broward jury found Carollo liable for violating their First Amendment right to free speech. Carollo was ordered to pay $63.5 million in damages to Fuller and Pinilla, a decision the commissioner has since appealed.
In the intervening years, Fuller and his business partners — including Mad Room LLC, which represents the ownership of the Ball & Chain Bar on Calle Ocho — have brought other lawsuits against Carollo and the city of Miami with the same allegations.
Throughout all of the lawsuits, the City of Miami has paid the bill for Carollo’s legal defense out of their insurance policy with QBE.
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Millions of dollars in defense
According to the insurer’s complaint, the cost of defending the city in all of the lawsuits has exceeded $10 million.
QBE argues it has no responsibility to insure the city for the facts alleged in Carollo’s lawsuits because they are predicated on “willful” and “deliberate” acts by the commissioner to deprive the plaintiffs of their individual rights.
“The fundamental premise underlying each and every one of the Underlying Lawsuits is that Carollo — through his own actions and by conscripting others to do his bidding — engaged in a years-long campaign of retaliation and harassment with the conscious objective of inflicting harm on the underlying plaintiff,” QBE wrote.
The complaint also alleges that the city was not entitled to make insurance claims for these lawsuits under their Law Enforcement Liability (LEL) policies, because none of the defendants named in the Fuller group’s lawsuits are law enforcement officials. Those defendants include Carollo, Méndez, City Manager Art Noriega, City Building Director Asael Marrero and Assistant City Attorney Rachel Dooley.
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Jose A. Iglesias
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El Nuevo Herald
City of Miami Attorney Victoria Méndez speaks during a City of Miami Commission meeting on Jan. 12, 2023.
“None of the individual defendants (natural persons) in the Underlying Lawsuits hold any of the ‘Positions to be Insured’ that are listed on the applications for the LEL Policies,” QBE wrote.
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The complaint also names Fuller, Pinilla and the other plaintiffs in their various lawsuits against the City of Miami as defendants in QBE’s case. The insurance company wants a federal judge to declare that QBE has no responsibility to insure the city for these cases, and give it permission to recover the funds it has already paid out.
City of Miami officials could not immediately respond to a request for comment from WLRN for this story.
Video shows bright orange flames still burning at a warehouse in Northwest Miami-Dade on Friday, almost 24 hours after crews first responded.
The flames broke out before 11 a.m. Thursday, sending towers of thick black smoke into the sky, and crews have been attempting to put the fire out since.
Officials said the structure located just east of Red Road and south of Florida’s Turnpike Extension is more than twice the size of a Costco warehouse and contains hazardous materials inside.
More than 200 firefighters from both Broward and Miami-Dade counties have been fighting the blaze, which officials say could burn for days.
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The cause of the fire is still under investigation.
Lives spared, livelihoods lost
Miami-Dade Deputy Fire Chief Danny Cardeso said no injuries were reported.
The driver of an 18-wheeler told NBC6 he was at the warehouse, which stores inventory for shipments, when the fire alarm went off.
He said everyone immediately evacuated, no one was hurt, and everyone inside was accounted for. Still, some workers and business owners fear they lost their livelihoods.
Benny Monción, who owns DBenny Sazón, one of the food trucks parked at the facility, was in tears when she spoke to NBC6 at the scene.
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She said a friend of hers who also owns a food truck called to tell her how he fared.
“He called me just now, we were watching the news, and my truck was still intact, but his, the fire got it,” she said, her voice breaking as she put her head in her hand. “It burned it all up.”
She said she wasn’t sure what had happened to her truck, which normally operates on 50 North University Drive in Pembroke Pines, as the fire raged.
“I ask God that mine at least can be OK, but I feel so bad [that his didn’t make it], because these are hardworking people, looking to earn their daily living that in this country is too hard,” Monción said. “It’s so many things.”
Air quality concerns
A public safety alert was issued at one point Thursday due to the heavy smoke. The alert recommended those with respiratory problems and medical conditions to shelter in place if possible.
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Dr. Donny Perez, a medical director at Memorial Regional Hospital South, said fires like this can send fine particles into the air that can irritate the lungs and cause coughing, shortness of breath, wheezing, chest tightness, sore throat, chest pain and palpitations.
“Even their eyes can get irritated, the sore throat. So the best thing is to stay indoors with the windows closed, avoid outdoor exercise. Wear an N-95 mask if you must go outside. Use your rescue inhalers as prescribed if you do have lung disease,” he said.
Resident Gloria Downey said the smoke was concerning, especially with the uncertainty about what materials could be burning.
“I mean I don’t know what’s in that building, but I have lived here since before that building was built off and on, and God knows what’s in there,” she said. “We have the house completely sealed. We have air filters running in both rooms. The air condition is off. It’s a little hot in Miami, but we’ll be all right.”
Drought and wind may hinder firefight
Winds on Friday are blowing consistently at 10-20 mph toward the northwest, pushing the smoke over a nearby landfill and out over the Everglades.
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“Just a couple of spotty little showers here, not enough to really help with the fire,” NBC6’s meteorologist Adam Berg said. “But the winds certainly don’t help.”
Traffic impacts
Officials asked people to avoid the area while they worked to put out the fire. Northwest 47th Avenue is closed between Honey Hill Drive (Northwest 199th Street) to Northwest 207th Drive.
A mother in Miami Gardens has been sentenced to five years of probation after her 2-year-old son accidentally shot himself with a gun he found in her purse.
According to police, the incident happened last summer at an apartment complex in Miami Gardens. Authorities say the toddler grabbed his mother’s firearm from her purse and accidentally pulled the trigger, shooting himself in the leg.
Video captured at the scene showed the child being rushed to the hospital on a stretcher. The boy survived and has since fully recovered.
The child’s mother, 35-year-old Christina Monique Doyle, was arrested and charged with child neglect and culpable negligence for allowing easy access to the weapon. Prosecutors said those charges carried a possible sentence of up to 20 years in prison.
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During a court hearing, the presiding judge, Alberto Milian, emphasized the responsibility that comes with gun ownership.
“I am a very pro-gun person, but along with the right and the privilege of having a gun comes responsibilities,” Milian said.
Doyle ultimately accepted a plea deal where she pleaded no contest, allowing her to avoid jail time. Instead, she was sentenced to five years of probation.
Her attorney, Dustin Tischler, said Doyle has no prior criminal record and described the incident as a mistake.
“She’s 35 years old, never been in trouble whatsoever in her life,” Tischler said. “She’s a very good mother, a very caring mother to several children. This has been a nightmare, and she’s happy to get it behind her.”
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Tischler also said the case should serve as a warning to gun owners about keeping firearms secure around children.
“Even though she had it in her purse and thought it was secure, the child was able to get to it when she was distracted,” he said. “If you have a firearm, it’s important to keep it locked away.”
Tischler said Doyle has completed a parenting program through the Florida Department of Children and Families and how she is allowed to have contact with her children, including her son who is now doing well after recovering from the injury.
NBC6 reached out to DCF about the case but we haven’t heard back yet.
Miami’s own pays tribute to former teacher on SNL Miami’s own Marcello Hernandez brought a piece of home to SNL for his latest performance, giving a tribute to his hometown and a special teacher in that classic Miami accent.
NEW YORK CITY — Miami’s own Marcello Hernandez brought a piece of home to SNL for his latest performance, giving a tribute to his hometown and a special teacher in that classic Miami accent.
During his performance, Hernandez definitely brought the character of “Mr. Fronzi” to life.
The over-the-top teacher with a big heart was a character inspired by his real-life theology teacher at Miami-Dade’s private Belen Jesuit Preparatory School, Angie Fernandez.
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And Hernandez even flew her up to New York City to see the skit live in person.
“When I saw the skit, I was flabbergasted. I laughed from here to eternity. It was so good,” Fernandez said. “I am so honored that he chose to imitate me. That’s the best compliment you can give somebody!”
Fernandez said that while Hernandez drove her crazy in her classroom, he was also always humble, honest and she calls him one of her favorite students.
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Jenise Fernandez
Jenise Fernandez is a six-time Emmy award winning anchor and reporter at Local 10 News. Currently, she anchors the 3 p.m. and 10 p.m. news, Monday through Friday.
