Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33
CourtDistrict Court of Appeal of Florida
DecidedDecember 28, 2018
DocketNo. 3D16-2793
StatusPublished

This text of 271 So. 3d 33 (Int'l Sec. Mgmt. Grp., Inc. v. Rolland) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Int'l Sec. Mgmt. Grp., Inc. v. Rolland, 271 So. 3d 33 (Fla. Ct. App. 2018).

Opinion

LINDSEY, J.

International Security Management Group, Inc. ("ISMG") and Jorge Acuna appeal ("Acuna") from a final judgment entered after a jury verdict in favor of William and Lisa Rolland (the "Rollands"). The Rollands cross-appeal the trial court's partial denial of their motion for leave to amend the complaint to add punitive damages against ISMG.1 Because there is a reasonable possibility that the jury could *38have been misled by the failure to give ISMG and Acuna's requested jury instruction on qualified privilege, we reverse and remand for a new trial on the intentional tort claims. Further, we reverse the trial court's denial of ISMG and Acuna's directed verdict regarding the negligence claims raised by Mr. Rolland, as such claims were legally invalid or unsupported by the evidence. Finally, we affirm the trial court's partial denial of the Rollands' motion for leave to amend the complaint to add punitive damages against ISMG.

I. BACKGROUND

In July of 2011, William Rolland was a professional videographer visiting Miami for work and was scheduled to film an interview with a company executive for a business located at New World Tower in downtown Miami. The Israeli and German consulates were also tenants of New World Tower. Panther Management Services, LLC ("Panther Management") managed New World Tower while the office building was owned by several related entities ("the NWT Owners"). On the day of the incident, Jorge Acuna was the security guard posted to the lobby of New World Tower and was employed by ISMG.

On July 25, 2011, Mr. Rolland was arrested and later indicted by a federal grand jury for making a false or hoax bomb threat against the New World Tower in downtown Miami. A criminal trial was held in December of 2011 and he was found not guilty.

A year and a half later, the Rollands sued the NWT Owners, ISMG, Panther Management, Acuna, Omar Clavero ("Clavero") and Andres Caamano Osuna ("Osuna"). The operative complaint is the third amended complaint which alleged defamation, malicious prosecution and negligence claims against Acuna, Clavero and Osuna based on their statements that Mr. Rolland made a bomb threat. It also alleged negligence claims against Panther, 100 NWT, and ISMG for negligent hiring/staffing, training, and supervision of employees. The case proceeded to a jury trial.

A. The New World Tower Incident

While talking on a cell phone and carrying a large case and camera tripod, Mr. Rolland entered the lobby of New World Tower on July 25, 2011. Acuna observed Mr. Rolland enter the building while talking on a cell phone and carrying a tripod and large black box.2 Acuna testified that once inside the lobby, Mr. Rolland engaged in an unusually loud cell phone conversation and refused to respond to his questions and offers of assistance. Acuna explained that he grew suspicious and radioed Osuna, the assistant building engineer, to come to the lobby based on Mr. Rolland's unresponsiveness, loud phone discussion, and large black box. Osuna then joined Acuna at the security desk and testified that he also grew suspicious based on Mr. Rolland's behavior and the case, with him in the lobby.

After the phone call ended, Mr. Rolland walked toward the security desk and began speaking directly with Osuna. Both Acuna and Osuna testified that when Mr. Rolland approached, he used expletives and asked whether they had a problem with people talking on the phone in the building lobby. Mr. Rolland, however, denied using expletives and testified that his interaction with Osuna was innocuous. While Acuna assisted other individuals, *39Osuna proceeded to explain to Mr. Rolland their concerns regarding his large case. Mr. Rolland informed Osuna that he needed to film in and around the building and was scheduled to return the following day to film the building's owner.3 Osuna explained that before filming in or around the property, Mr. Rolland first needed to obtain security approval from the building. Mr. Rolland testified that he agreed to comply with such a requirement.

At this point, Mr. Rolland left the lobby and began filming the office building from outside on the sidewalk. Clavero, the chief building engineer and Osuna's supervisor, went outside with Acuna to speak with Mr. Rolland, but there was conflicting testimony at trial as to precisely what was said between the men. Mr. Rolland testified that he was in the middle of filming angles of the building when Clavero approached and stated that he could not take pictures. According to Mr. Rolland, he told Clavero that it was a public area and that he was allowed to take pictures, at which point Clavero threatened to call the police. Clavero testified that he approached and repeatedly asked Mr. Rolland what he was doing, but that Mr. Rolland was unresponsive and finally gave an expletive-laden retort that this was America and he could do whatever he wanted. Acuna's testimony was consistent with Clavero's account. However, Mr. Rolland denied using any profanities and stated that Clavero and Acuna never identified themselves to him.

Returning to the lobby, Clavero told Acuna to call Eran Miranda, the director of security for the Israeli Consulate, for his assistance in assessing the situation. Clavero testified that he asked Acuna to call for Miranda's help because Miranda had more experience and training in how to handle such situations. Acuna, Clavero, and Osuna each testified that, shortly after Clavero and Acuna came back inside the lobby, Mr. Rolland stuck his head through a front door and declared that he was returning tomorrow to "blow up the f***ing building." However, Mr. Rolland vehemently denied ever using expletives or making any type of bomb threat. Instead, Mr. Rolland claimed that he was unsure if Clavero actually intended to call the police so he stuck his head back into the lobby to inform someone with New World Tower where he was staying. According to Mr. Rolland, he informed Acuna that he was staying at the Intercontinental Hotel and gave his room number in case the police were actually called.

Miranda subsequently came down to the lobby and was informed of the alleged bomb threat situation by Clavero, while Acuna pointed out Mr. Rolland to Miranda as he walked away down the sidewalk. Miranda then called Officer Wanda Mendez4 with the City of Miami Police Department to report the purported bomb threat situation. Officer Mendez notified her dispatcher of the New World Tower incident and to send units, stayed in contact with Miranda, and departed for the scene herself. A short time later, Mr. Rolland was taken into custody.

The South Lobby Camera Recording

At the time of the incident, New World Tower had a south lobby camera and north *40lobby camera. The north lobby camera recorded inside the lobby, and testimony elicited at trial suggested that the south camera lobby would have captured Mr. Rolland filming the outside of the building before re-entering to make the purported bomb threat. The north lobby camera captured most of the interactions Mr. Rolland had inside the lobby on the day of the incident and was relied on by both sides throughout trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nodar v. Galbreath
462 So. 2d 803 (Supreme Court of Florida, 1984)
Lewis v. Evans
406 So. 2d 489 (District Court of Appeal of Florida, 1981)
Axelrod v. Califano
357 So. 2d 1048 (District Court of Appeal of Florida, 1978)
Tanner v. Beck
907 So. 2d 1190 (District Court of Appeal of Florida, 2005)
Ovadia v. Bloom
756 So. 2d 137 (District Court of Appeal of Florida, 2000)
Blanco v. State
452 So. 2d 520 (Supreme Court of Florida, 1984)
Garcia v. Duffy
492 So. 2d 435 (District Court of Appeal of Florida, 1986)
Knepper v. Genstar Corp.
537 So. 2d 619 (District Court of Appeal of Florida, 1988)
Mv v. Gulf Ridge Coun. Boy Scouts of America, Inc.
529 So. 2d 1248 (District Court of Appeal of Florida, 1988)
MESSENGER BY MESSENGER v. Gruner+ Jahr USA Pub.
994 F. Supp. 525 (S.D. New York, 1998)
Sanchez v. Nerys
954 So. 2d 630 (District Court of Appeal of Florida, 2007)
Goldschmidt v. Holman
571 So. 2d 422 (Supreme Court of Florida, 1990)
Emerson Elec. Co. v. Garcia
623 So. 2d 523 (District Court of Appeal of Florida, 1993)
Iglesia Cristiana v. Lm
783 So. 2d 353 (District Court of Appeal of Florida, 2001)
Gonzalez v. Rose
752 So. 2d 39 (District Court of Appeal of Florida, 2000)
Pino v. Koelber
389 So. 2d 1191 (District Court of Appeal of Florida, 1980)
Gooding v. University Hosp. Bldg., Inc.
445 So. 2d 1015 (Supreme Court of Florida, 1984)
Johnnides v. Amoco Oil Co., Inc.
778 So. 2d 443 (District Court of Appeal of Florida, 2001)
Jacobs v. Westgate
766 So. 2d 1175 (District Court of Appeal of Florida, 2000)
Owens v. Publix Supermarkets, Inc.
802 So. 2d 315 (Supreme Court of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
271 So. 3d 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intl-sec-mgmt-grp-inc-v-rolland-fladistctapp-2018.