This Is our Village

Monday, December 11, 2023

West Palm's Century Village entities settle $7 million suit alleging murder could have been prevented

 

WEST PALM BEACH


              West Palm's Century Village entities settle $7 million suit alleging murder could have been prevented


Security at Century Village had pictures of a man that was believed to pose a threat to a unit owner. Yet he was allowed to enter the community, allegedly stabbing the girlfriend to death.


In addition, United Civic Organization (UCO), an umbrella organization of the more than 300 condo associations at Century Village, agreed to pay another $1 million to settle the civil case filed in Palm Beach County Circuit Court after Jenie Barbato, 63, was found stabbed to death in her condominium in September 2020.

While details of the settlement have not been disclosed in court records, The Palm Beach Post has obtained a copy of an email from the UCO insurer, AssuredPartners, to the UCO treasurer, Ed Grossman, discussing the details. In settling the case, the security company — Platinum Security Group — did not acknowledge guilt for the incident.

Century Village in West Palm Beach recently settled a lawsuit alleging that its security operation failed to keep a murder suspect out of the community

Cases like this can play badly in front of sympathetic juries so they are often settled,” said Phillip Masi of AssuredPartners in explaining why the defendants agreed to settle the case. Phone calls placed to Masi were not returned, and Grossman declined to comment. Efforts to obtain comment from attorneys involved in the civil suit were unsuccessful.

According to Masi’s email, UCO’s insurance policy will cover its $1 million payment.

Robert Murray, 58, has been charged with first-degree murder and armed burglary in the death of Barbato, who police say was stabbed 11 times. Murray's criminal trial is scheduled for May 31, 2024.

In September 2021, Melisa Grace, the daughter of Barbato, filed a lawsuit on behalf of her mother's estate accusing Platinum Security Group, UCO, Seacrest Services (a management company) and W.P.R.F., a company that oversees recreational amenities, of negligence.

According to depositions filed with the court, Platinum Security acknowledged that Murray should not have been allowed to come into Century Village. Grace, concerned that Murray might harm her mother, provided the company with pictures of Murray, requesting that he be turned away. The pictures were posted at the guardhouse.


Grace said in her deposition that that it took several days before a UCO administrator returned her calls to discuss her concerns about Murray, and the risk he posed to the community and her mother. About a month earlier, Murray punched Barbato in the face, giving her a black eye, according to her daughter’s deposition He also placed a knife to her throat.

Grace's civil complaint alleged the defendants failed to:

  • employ enough security guards

  • monitor security devices

  • guard and protect residents from “an unreasonable risk of harm”

  • implement adequate security policies

  • and properly train employees

The defendants responded to the lawsuit claiming that Barbato “knew of the existence of the danger” posed by Murray and “voluntarily exposed herself to the danger.”

Barbato's death is the first homicide reported at Century Village in West Palm Beach, according to security officials. The retirement community is home to more than 10,000 people.  


posted by Richard Handelsman



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