$13 Million Nightclub Assault Verdict Vacated, New Trial Ordered
Won by Goldberg & Rosen.
Goldberg and Rosen secured a $13 million jury verdict on behalf of a man left near death after a nightclub bouncer's felony battery, but a Miami judge vacated the award in 2024 and ordered a new trial after finding the defendants were wrongly barred from presenting certain defenses.
What happened
A night out at a since-closed Miami nightclub ended with a patron in critical condition after a security employee beat him in what prosecutors later classified as a felony battery. The man survived but suffered serious injuries, and his path to trial stretched across roughly seven years of litigation.
Goldberg and Rosen took on the case, representing the injured patron against the security company that employed the bouncer and the employee himself. The firm's approach at trial was direct: Judd Rosen later told the Daily Business Review that the strategy was to present the evidence without reservation. Attorneys pressed hard on the medical testimony, and the three-day trial concluded with a jury deliberating approximately five hours before returning a $13 million verdict for their client.
The verdict drew coverage in the Daily Business Review, which reported that attorneys for the plaintiff had effectively turned defense medical experts during cross-examination, contributing to the outcome. The security company and its employee were held liable under theories of negligent hiring and retention and vicarious liability.
In August 2024, a Miami state court judge vacated the verdict and ordered a new trial. The court found that the defendants had been wrongly barred from presenting certain defenses and evidence during the original proceeding. Law360 reported the ruling on August 12, 2024, naming Goldberg and Rosen as plaintiff's counsel. Defense attorneys from GrayRobinson, Cole Scott and Kissane, and Marlow Adler represented the defendants.
The case now returns for retrial. The $13 million award no longer stands as of the judge's 2024 order, and the underlying liability questions remain to be decided again before a new jury.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Law360: New Trial Ordered, $13M Award Nixed In Miami Assault Suit (Aug. 12, 2024; Goldberg and Rosen named as plaintiff's counsel)
- 2.Daily Business Review: Miami Attorneys Flipped Defense Medical Experts for $13M Verdict (Mar. 14, 2023; Judd Rosen of Goldberg and Rosen quoted as lead trial counsel)