South Florida Sun-Sentinel (Sunday)
Surfside collapse lawsuit trial delayed to at least ’23
Victims of the Surfside condominium collapse will have to wait more than a year — until at least March 2023 — for a trial on their class-action lawsuit, the judge overseeing the case has ruled.
Judge Michael Hanzman, who has been trying to keep the case on a fast track, said he was disappointed that his original plan to schedule a trial for late summer would have to be delayed. Lawyers argued that was not a realistic timeline given the pace of investigating the cause of the June 24 collapse that killed 98 people at Champlain Towers South, and complications in collecting evidence and depositions.
“That is six months later than I’d hoped for, and justice delayed is justice denied, for both victims and defendants,” Hanzman said during a Zoom status hearing on
Wednesday. “So you better get your experts going. This court is not working under any leisurely schedule. You schedule your depositions and you take your discovery.”
On another matter, a date of Feb. 4 was set for an in-person mediation session to discuss how funds should be allocated to surviving property owners, the relatives of those who died, renters and visitors who were in the 136-unit building when it partially collapsed at 1:22 a.m.
Hanzman is counting on court-appointed mediator Bruce Greer to make progress in a dispute over how money should be divided. At stake is at least $120 million for the sale of the property, $50 million in insurance coverage and millions more in negligence claims against various defendants. Design defects, construction shortcuts, poor maintenance and deferred refurbishment by the condo association board and the building of a luxury condo next door are among the factors cited by engineers and lawyers who have examined how the 13-story tower fell.
“Let’s understand there is no perfect solution,” Hanzman said. “It’s a limited-funds case. The last thing the court wants to do is adjudicate a dispute between victims who lost units and those who lost lives.”
Everyone involved in mediation is being asked to fill out a claims questionnaire, including tenants with content claims. He reiterated his goal of settling economic loss claims quickly so that those victims can be compensated, exit the class-action lawsuit and “get on with their lives” when the focus shifts to wrongful death claims.
“Most people have insurance for contents,” Hanzman said, making a reference to “pots and pans” destroyed in the rubble.
His comments touched a nerve with some survivors.
“I resent what you said very much,” said Sharon Schechter, who was a renter. “I didn’t just lose utensils. I lost everything I owned for my entire life. I had insurance for a few thousand dollars to secure my lease. I never thought this would happen in a
million years. That was everything I had — not just knives and forks.”
Hanzman responded by saying, “I didn’t mean to offend you.
“But let me give you a dose of reality. We have to prioritize. It’s a limited pot of money. You have to understand where your claim may end up in the pecking order between 98 people who perished and 136 owners who lost homes.”