Florida Injury Lawyer Blawg
A bus driver accused in the shooting deaths of two passengers following an argument should never have had a gun on board the day of the incident, officials say.
“Transit operators are not allowed to be armed,” Juan Mendieta, a spokesperson for Miami-Dade’s Department of Transportation and Public Works, told reporters with The Miami Herald.
This rule prohibits drivers from taking firearms with them to work even if they are legally allowed to carry them, reporters said in the article.
The incident that sparked the conversation unfolded Sunday morning when an argument broke out between a bus driver and at least one passenger. Just before 3 a.m. at Northwest 183rd Street and Seventh Avenue, the bus driver and a passenger allegedly argued over a bike.
Lonnie Stephenwade Harley, 44, and Ejaash Bail Carter, 46, were the passengers who were killed.
It is not immediately clear whether Harley and Carter were involved in the argument or how it escalated.
The driver has yet to be named by police and information about whether he could face potential criminal charges was not immediately available Wednesday. The investigation is ongoing.
This week, the county’s Department of Transportation and Public Works began the process of terminating the bus driver, who has already been placed on administrative leave, according to local media reporting.
Leesfield & Partners
Leesfield & Partners, a personal injury law firm with three offices throughout Florida, has handled numerous cases involving gun violence. Our attorneys recognize that no amount of money can erase the damage that has been done, providing for an injured client’s future and holding defendants accountable to ensure safety for others going forward can be a critical step in the healing process for all involved. Leesfield & Partners is dedicated to securing the best possible outcome for every client and has regularly obtained record and historic results for injured clients throughout the state.
In a violent attack at a Key West hotel’s parking garage, Leesfield & Partners obtained a verdict of over $40 million for a client following a confidential settlement with the hotel. In this negligent security case, the hotel allowed a man to enter their property where he roamed for 20 minutes until he encountered out client and launched a brutal attack.
Our attorneys obtained a $15 million settlement for the death of our client’s loved one, who was killed in an apartment complex shooting.
In a product liability case involving the death of a minor due to a defective gun, our attorneys secured a $3 million recovery for the grieving family.
For a shooting that took place at a popular Florida supermarket, our attorneys obtained a $1.51 million recovery for the injured client.
Debate Over Firearms on Public Transit
Some members of the public disagreed with the firearm ban for employees with one person posting a public comment on the newspaper’s website. The commenter explained that they previously used the bus as their main source of transportation to get around the city before other passengers made them feel unsafe and they had to “break down and finally buy a car.”
“Drivers should be armed,” the anonymous commenter said. “They may not have access to the cash they collect, but they are responsible for the safety of passengers. A firearm, used wisely, is a safety precaution that is never duplicated.”
Miami-Dade County’s public transit system does not perform routine searches of passengers but does prohibit items on their vehicles such as explosives, fireworks, acids, flammable liquids and weapons. Those found with these items on board could face possible arrest and criminal charges
National Data on Gun Violence
In the United States, nearly 47,000 people died from gun-related injuries in 2023, according to the Centers for Disease Control and Prevention. Of the 47,000 gun deaths, approximately 17,927 people were murdered and 27,300 died by suicide. About 604 deaths involved law enforcement and 463 were accidental shooting incidents. The remaining 434 deaths were unclear, according to data from the CDC.
The annual gun death rate in the U.S. is significantly higher than in other developed nations. In 2023 alone, at least 105 people, excluding shooters, died in mass shooting incidents in the U.S., according to data reported by the FBI. The FBI defines a mass shooting incident as one in which “one or more individuals actively engaged in killing or attempting to kill people in a populated area.”
The Gun Violence Archive, a database that publishes statistics and research on gun violence in the U.S., defines this term as “incidents in which four or more people are shot.” This definition allows incidents in which no one was killed to also fall under this category and, again, excludes shooters. Using The Gun Violence Archive definition, over 700 people died in mass shooting incidents in 2023.
The National Safety Council identifies the 25 to 34-year-old age group as the one with the highest gun-related deaths for that year. This age group accounted for over 9,000 deaths in 2023.
Gun-Related Incidents on Buses in Florida
The same year, a series of chilling murders took place in several cities, including Philadelphia, Seattle and Atlanta. The victims? Bus operators.
In St. Petersburg in September 2023, a Pinellas Suncoast Transit Authority driver was coming back to his trolley after a break when he was attacked. The driver in this incident was transported to the hospital with non-life-threatening injuries.
A man threatened to kill everyone aboard a bus in Royal Palm Beach by blowing it up in 2023. The incident allegedly began when the driver had to take a detour on her route due to a car crash.
In 2021, a bus driver in Pinellas County was beaten after asking a passenger to wear a mask.
Similarly, in April of 2020, just a little over a month after the U.S. saw massive shutdowns to limit the spread of COVID-19, a Miami bus driver was spit on by a passenger after she asked the
In 2019, a Tampa bus driver was brutally stabbed to death.
In 2019 in Kissimmee, a bus driver shook a passenger’s hand and was then punched in the face by that same passenger.
A bus driver’s face was spit on and the glass door of his bus was cracked after a passenger punched it in Jacksonville in 2019.
That same year, in a similar case in Boca Raton, a driver was hit in the face by a passenger.
A violent attack was launched on a bus driver by a passenger in Tampa in 2019. In that case, the driver was attacked with a box cutter knife and blinded by mace.
As a response to the assaults and other incidents on public transportation, the Transport Workers Union of America (TWU) and TWU International have banded together to add more protections for drivers. Among the calls to action was a suggestion to install bulletproof compartments on buses in major cities to keep drivers safe from shootings.
Florida Law and County-Specific Rules
As of 2023, Florida has implemented a “permitless carry” law, allowing residents to carry concealed firearms without a permit or a license, meaning individuals who meet certain criteria may carry a concealed firearm without undergoing background checks of safety training. To be eligible for “permitless” concealed carry in Florida, individuals must be at least 21 years old and be a U.S. citizen or permanent resident. Additionally, this person must be free of a criminal conviction that would prohibit them from owning a firearm.
While background checks are not required for concealed carry under the new law, individuals must still undergo background checks when purchasing firearms from licensed dealers. The minimum age for purchasing a firearm remains 21.
Although the “permitless” carry law allows concealed carry in most public spaces, it does not apply to certain prohibited locations. These locations include places like schools, courthouses and government buildings.
In Florida, sovereign immunity generally protects state-run agencies and entities from being sued in civil courts. This immunity does not stand in every situation and can be waived in certain circumstances, as outlined in Florida Statute 768.28.
This statute permits individuals to bring tort claims against the state and its agencies under specific circumstances. An example of this includes the injury to a person due to the negligence of a government employee while on the job, or when property damage is caused by the actions or inactions of a government agency. When bringing forth these claims, however, it should be noted that there are limitations on the amount of damages that can be awarded in lawsuits.
Florida law caps damages at $200,000 per person and $300,000 per incident for claims involving state agencies, even if a jury awards a higher amount. This means that, even if a jury awards someone a higher amount at trial, they will not be awarded that amount.
If the injured party believes that their injuries or damages incurred from the incident exceeds the caps, they may petition the Florida Legislature for additional compensation.
Previous Leesfield & Partners Cases
Previously, Leesfield & Partners represented a man who lost his wife and two young daughters in a tragic drowning case. The wife and daughters were in a car that dank in the waters surrounding a Navy Pier in Key West. This case was handled by the firm’s Founder and Managing Partner, Ira Leesfield.
A recovery of over $3.2 million was secured for the man in that case.
Leesfield & Partners represented a family in a civil rights death case against a city, securing a $1 million recovery for the family.
Leesfield & Partners filed a lawsuit over the summer involving two police officers who responded to a deadly shooting at a popular Doral nightclub. In this case, our clients
This ongoing case is being handled by Trial Attorney Bernardo Pimentel II.
Mr. Pimentel recently settled another case against a governmental entity in the death of a young lobster diver and father-to-be. In that case, the diver was in the water when he was hit and killed by a negligent law enforcement officer who did not adhere to divers-down flag laws, which state that boaters in open water must operate at an idle speed and maintain a 300-foot distance when divers-down flags are present.
In a wrongful death case previously handled by the firm involving a police shooting, Leesfield & partners obtained a $900,000 recovery for the victim’s family.
