Miami Herald (Sunday)

Widow of cyclist killed in crash by cop wins $3 million verdict but can’t collect

- BY LINDA ROBERTSON lrobertson@miamiheral­d.com

Three years after a bicyclist was killed in a head-on crash with a speeding Miami-Dade police officer, a jury declared the officer negligent and awarded $3 million to the man’s widow and daughter.

But because of a state cap that shields employees at police department­s, schools, hospitals and other government entities from liability, the victim’s survivors are limited to $300,000 in damages and must take their case to the Florida Legislatur­e and persuade lawmakers to pass a special claim bill to exceed the sovereign immunity limit.

A bill in the Florida Senate, which faces opposition from counties, cities and insurance companies, would increase immunity caps on compensati­on and revamp the claims process.

Miami-Dade County offered the cyclist’s widow $49,000 to settle the case before trial.

“It is beyond surreal to have the needless death of my husband treated so dismissive­ly, and now to do the trial all over again in Tallahasse­e,” Jeishy Zerpa said. “Any other person in another line of work who is held liable or who acted irresponsi­bly or illegally would be punished instead of protected. Why do we have this double standard of immunity for the police?”

A Miami-Dade Circuit Court jury sided 6-0 with Zerpa and her attorneys, who argued that Officer Christophe­r Bendana was driving 70 mph in a 40 mph zone after he was dispatched to assist another officer with a non-emergency — a report of mailbox theft or vandalism.

“Outrageous and insulting,” attorney Luis Suarez said of the county’s offer. “Miami-Dade County doesn’t care because they

 ?? ?? Juan Carlos Martinez, 40, died Feb. 27, 2021, while on his regular Saturday morning group ride. A Miami-Dade police officer crashed into him.
Juan Carlos Martinez, 40, died Feb. 27, 2021, while on his regular Saturday morning group ride. A Miami-Dade police officer crashed into him.
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