The woman who was seriously injured when she was allegedly struck by a police-driven ATV on Miami Beach has filed a lawsuit against the officer and the hotel where he was reportedly drinking before the crash, her attorney said.
Kitzie Nicanor, 29, filed the lawsuit Thursday morning against former officer Derick Kuilan and the Clevelander Hotel in the July 3 incident, attorney Frank Toral said.
Nicanor was walking on the beach when she was hit by an ATV driven by Kuilan, who allegedly took a woman he'd met at the hotel on an early morning ride on the vehicle while on duty, officials said.
Kuilan was arrested Tuesday and charged with DUI and reckless driving. He was fired a day after the incident after an investigation revealed the officer and another officer were drinking with a group of women at a bachelorette party just before the accident, officials said.
Nicanor, who lives in Washington state and has a 1-year-old son, is currently in the hospital in very serious condition with a severe brain injury, the lawsuit claims.
It claims the hotel served alcohol to Kuilan and fellow officer Rolando Gutierrez while they were in uniform and on duty. Gutierrez was also fired by the department.
The lawsuit claims Kuilan was negligent in his use of the ATV, and claims the Clevelander was also negligent in serving him drinks.
“The Clevelander strongly disputes the allegations being made by Attorney Frank Toral through his public relations agency and press conferences. The Clevelander will vigorously defend itself against these false allegations,” said the hotel’s marketing manager Anna Whitlow in an email. “At no time during the day in question did Clevelander associates or management serve alcohol to Officer Kuilan. We are not able to speak for any other establishments on Ocean Drive that may have served these officers. The Clevelander's number one goal is safety.”
Alex Bello, president of the Fraternal Order of Police for the Miami Beach Police Department said there was no comment on the case at this time.
