Jury Awards $3.75M for Child’s Fatal Drowning on Shopping Center Property, But Assigns Lion’s Share of Fault to Parents

Fischer Redavid’s John Fischer, left, and Wicker Smith’s Michael Reed deliver closings at trial over the fatal drowning of a four-year-old. Watch the trial here.

Gainesville, FL— Jurors last week handed down a $3.75 million verdict for the drowning death of a four-year old, but apportioned a significant share of responsibility to the child’s parents, likely slashing the final award. Figueroa v. American Commercial Realty Corp., et al., 2023-CA-001916.

The Florida State Eighth Circuit Court jury, in Alachua County, handed down the award for the 2023 death of Kash Hodges, who drowned in a retention pond behind Gainesville, Florida’s Oakwood Commons Shopping Center. Jurors concluded the child was an invitee to the property, and found the property’s manager, American Commercial Realty Corp., 37 percent responsible for his death, and the property’s owner, Live Oak Shoppes Group LLC, 10 percent responsible…

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