Tenant Injured in Ceiling Collapse Awarded $175K
Facts in the Backdrop of the Incident
On June 29, 2024, Raquel Recio de Roman was asleep in her apartment at 1028 SW 3rd Street, Miami. She lived in Unit #33 of a residential complex owned by Little Havana Equities LLC. At that time, her husband, Cesar Roman, also resided at the property. The apartment building, including common elements and structural components like ceilings, was under the care of the defendant.
Cause
The ceiling in Mrs. Roman’s unit collapsed while she slept. According to the complaint, the ceiling was in a dangerous and unstable condition. The defendant allegedly failed to inspect, maintain, or repair the ceiling and related structural elements. The plaintiffs claimed the defendant either knew or should have known about the unsafe conditions. The collapse resulted from alleged long-standing neglect in maintenance, lack of proper safety procedures, and failure to warn tenants of risks.
Injury
The falling ceiling struck Mrs. Roman directly while she slept. She sustained serious and permanent injuries. The complaint stated her injuries caused pain, impairment, and disability. She also experienced mental anguish and a reduced quality of life. Her injuries affected her physical functioning and emotional wellbeing.
Damages
Mrs. Roman sought compensation for medical expenses, hospitalization, and treatment. She also claimed damages for scarring, disfigurement, lost income, and reduced future earning ability. The complaint described lasting physical pain and emotional suffering. Mr. Roman, her husband, claimed loss of consortium, diminished companionship, and indirect economic losses. He also provided care and support to his injured spouse.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Raquel Recio de Roman | Cesar Roman
Counsel for Plaintiff: Hugo L. Garcia
Defendant(s): Little Havana Equities LLC
Claims
Count I – Negligence:
Mrs. Roman accused Little Havana Equities LLC of negligence. The complaint listed several failures: allowing hazardous conditions to persist, failing to inspect or warn of structural dangers, and not maintaining a safe living environment. These alleged failures led to the ceiling collapse and her injuries.
Count II – Loss of Consortium:
Mr. Roman brought a separate claim for loss of consortium. He alleged the defendant’s negligence disrupted his marital relationship. He suffered emotional and economic harm due to his wife’s injuries and ongoing care needs.
Both plaintiffs demanded damages, costs, and a jury trial.
Motion for Default
The plaintiffs moved for the Clerk’s entry of default after the defendant failed to file or serve any response to the complaint, as required under Florida law.
Plaintiffs served the summons and complaint on the Florida Secretary of State on October 1, 2024, as statutory agent for Little Havana Equities, LLC. The process server, Eric L. Larson, delivered the documents and submitted a return of service confirming proper delivery.
Attorneys Andrea C. Abad and Hugo L. Garcia of MY 305 Attorneys, P.A. filed the motion on behalf of the plaintiffs. The Clerk of Court subsequently entered default against the defendant for failing to respond within the required time.
Jury Verdict
On June 11, 2025, the Court awarded $175,000 in damages to Plaintiffs Raquel Recio de Roman and Cesar Roman. The award followed the entry of a clerk’s default against Defendant Little Havana Equities, LLC for failing to file or serve a response to the complaint.