A summer trial is likely for lawsuits seeking millions of dollars in damages from the collapse of a Florida beachfront condominium that killed 98 people, a judge said Wednesday.
For some who lost loved ones, the search for justice will go beyond that civil case.
“My interest today here is what’s happening on the criminal side,” North Bay Village Police Chief Carlos Noriega said. “I want to know why my mom is not here and who’s responsible.”
92-year-old Hilda Noriega was among the 98 who died when the towers collapsed.
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As a cop for decades, Noriega has seen his share of tragedy from the outside. He’s been living one since June 24th, so he came to court Wednesday to see in person those fighting for victims and survivors, but with one eye toward potentially more.
“If anything rose to the level of criminal conduct, I want those responsible held accountable,” Noriega said.
In a civil case you only have to prove negligence, but for the State Attorney to bring a criminal charge, they have to show gross negligence and/or reckless disregard for human life to support a manslaughter charge.
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It’s been more than three and a half years since six died when the FIU bridge collapsed onto southwest 8th Street. Over $100 million in civil settlements have been paid out, but the State Attorney has yet to decide whether criminal charges should follow.
Based on how long it’s taken this office to investigate that fatal collapse, it could take some time for Surfside survivors to see criminal charges, if any.
In the civil case, judge Michael Hanzman made clear things will move fast.
“Do not appear in this case before me if you cannot throw all the resources you need at it to be ready for trial by next summer.”
Already insurance companies for the association have contributed $50 million to the victim compensation pool, with another adding an undisclosed amount Wednesday. Even though its policy had not been in effect since 2018, more than three years before the collapse.
The time frame for a trial to begin would be July or August, Miami-Dade Circuit Judge Michael Hanzman said at a hearing. He added that he won't look with favor on delays.
“I'm not granting extensions or continuances. Not in this case,” Hanzman said. “Come next summer, we're going to be picking a jury in this case. It's not going to go beyond that.”
The lawsuits filed in the aftermath of the 12-story Champlain Towers South collapse on June 24 in Surfside seek to affix blame and collect money for the victims, family members and property owners.
The collapse came as the building was undergoing its 40-year recertification, which likely meant steep assessments for condo owners to finance structural and other problems identified several years earlier.
One potential class-action case that could resolve the entire legal matter was filed last month, contending that excavation and construction of a luxury building next door worsened serious structural defects that already existed at Champlain Towers South.
The developers and others involved in construction of the adjacent 18-story Eighty Seven Park tower who are listed as defendants deny their construction work contributed to the tragedy.
Hanzman said he would probably set a firm summer trial date in January. It's also possible the case could be settled before a trial is held.
A mediator is working to figure out how to allocate lawsuit damages, insurance proceeds and land sale money between wrongful death victims and those who lost only property. The land where the condo once stood could sell for $120 million or more once all bids have been received.
“We have been working nonstop to resolve these issues,” said Judd Rosen, a lawyer for one group of victims.
“Nothing would make the court happier," Hanzman said.
Meanwhile, investigations into the cause of the collapse are ongoing and will be augmented by work of experts hired to collect evidence for lawsuits.
The lead investigating agency, the National Institute for Standards and Technology, recently estimated its probe could take as long as two years.
