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Aventura Bank Ordered to Pay $3.3M to Man Mistaken as a Robber
Orlando Sentinel ^ | February 16, 2012 | David Ovalle

Posted on 02/25/2012 12:36:22 PM PST by nickcarraway

When Rodolfo Valladares walked into an Aventura Bank of America, he simply wanted to cash his $100 check. A jumpy bank teller, thinking he looked like a robber, hit a silent alarm.

Police from Aventura and Miami-Dade rushed to the bank, ordered everyone to the floor as they physically detained Valladares, handcuffing him and kicking him in the head, his lawyer said. He was let go when bank employees and police realize they made a mistake.

For his troubles, Valladares soon will be getting a much bigger check.

A Miami-Dade jury has awarded Valladares $3.3 million in damages after ruling that the bank was negligent in triggering the silent alarm, then failing to cancel it when employees realized he was not a robber.

Valladares, 50, a former mortgage company loan officer, still suffers from headaches, blurred vision and post-traumatic stress disorder, said his attorney Russell S. Adler.

Bank of America plans to appeal the verdict, believing their employees acted reasonably.

"We are disappointed,'' said bank spokesperson Shirley Norton.

The July 3, 2008 incident happened at a time when bank tellers were on high alert because of a warning about a male Hispanic wearing a Miami Heat hat had been robbing banks in the area.

Bank of America's corporate security had emailed a surveillance photo and a description of the robber.

When Valladares – wearing a Miami Heat cap - walked in, teller Meylin Garcia activated the alarm, though she did not have the photo on hand.

If she had, it would have shown the differences between Valladares and the bank robber, his lawyers said.

The robber in the bulletin was in his 60s and weighed about 145 pounds. Valladares was 46 at the time and weighed more than 200 pounds.

(Excerpt) Read more at orlandosentinel.com ...


TOPICS: Business/Economy; Miscellaneous
KEYWORDS:

1 posted on 02/25/2012 12:36:27 PM PST by nickcarraway
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To: nickcarraway

$3.3 million in damages??

His damage is that much?? So, apparently they are saying that he has somehow lost $3.3 million??


2 posted on 02/25/2012 12:47:29 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: nickcarraway

This is a good example of court system gone berserk. With 10 times as many lawyers/person compared to other industrialized countries, I guess we need to create work for them.


3 posted on 02/25/2012 12:55:08 PM PST by entropy12 (Islam is intolerant of every other religion. Most tolerant religion? The oldest one.)
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To: nickcarraway

Maybe if the Illegal had cooperated with the police he would not have gotten so bumped up.


4 posted on 02/25/2012 12:57:13 PM PST by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: GeronL

-——still suffers from headaches, blurred vision and post-traumatic stress disorder,-——
Granted 3.3 million is a lot of dough......for pain and suffering....maybe loss of income and dimished earning capacity

Wondering why he didn’t sue the cops for kicking him in the head which seems to be the reason for injuries .....oh wait...he would not win...


5 posted on 02/25/2012 12:57:28 PM PST by Popman (America is squandering its wealth on riotous living, war, and welfare.)
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To: GeronL

He was wrongfully arrested, and he was injured in the process. He should have named the police department as a co-defendant. The man was minding his own damn business and ended up hurt because someone got jumpy. I would have sued their ass too.


6 posted on 02/25/2012 1:00:50 PM PST by sean327 (God created all men equal, then some become Marines!)
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To: nickcarraway

He potentially could have headaches and blurred vision for the rest of his life. 3.3 million minus the huge cut that the leaches will take is reasonable. What’s wrong here is that the bank is paying not the little girl officer that kicked him.


7 posted on 02/25/2012 1:01:03 PM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: GeronL

$3.3 million in damages??

His damage is that much?? So, apparently they are saying that he has somehow lost $3.3 million??...........................................................................................................................................................................
Let me kick you in the head for no reason and we will see how much you think it’s worth!


8 posted on 02/25/2012 1:02:33 PM PST by eastforker (Don't be ornery for Romney, instead Root for Newt!)
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To: GeronL

So how much of that $3.3M check does he get to keep and how much does the Shyster get for winning the verdict?


9 posted on 02/25/2012 1:08:35 PM PST by 41Thunder (The SUPPLY of Government is GREATER than the DEMAND of the people)
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To: BobL

I didn’t see anything to indicate he was an illegal immigrant.


10 posted on 02/25/2012 1:13:17 PM PST by nickcarraway
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To: BobL

Where in the article does it say he he is in the country illegaly? Get a clue, just because someone has a spanish surname it doesn’t make him an illegal alien. The teller who tripped the alarm also has a spanish surname, you didn’t wonder about her status. By the way my last name is Castillo, care to check my status?


11 posted on 02/25/2012 1:13:41 PM PST by sean327 (God created all men equal, then some become Marines!)
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To: GeronL

Sounds OK to me. This guy did absolutely nothing out of line and apparently was legal, so stick it to the bank and cops. Motivate ‘em to think next time.


12 posted on 02/25/2012 1:22:34 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
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To: nickcarraway
A man wearing a Miami Heat cap in Florida? Highly unlikely...sarc. Dumbass Bank and police should have been be sued for as much as possible. Depriving someone of Liberty and Dignity unjustly should cost the responsible parties a lot.
13 posted on 02/25/2012 1:26:18 PM PST by frogjerk (OBAMA NOV 2012 = HORSEMEAT)
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To: nickcarraway

“I didn’t see anything to indicate he was an illegal immigrant.”

They don’t report that anymore. But given B of A’s famous recruiting of illegal customers and the fact that the guy didn’t respond to police (i.e., didn’t understand English), it’s pretty obvious that he wasn’t here legally. Sometimes you just have to read between the lines.


14 posted on 02/25/2012 1:27:43 PM PST by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: BobL

Read between what lines? No where in the article does it state that he didn’t respond to police orders. I went back and read it twice. You must have some new technology that allows you to read crap that just aint there.


15 posted on 02/25/2012 1:34:33 PM PST by sean327 (God created all men equal, then some become Marines!)
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To: BobL

-——the fact that the guy didn’t respond to police (i.e., didn’t understand English), it’s pretty obvious that he wasn’t here legally——

LOL.....I see you have never been to little Havana in Miami

even the menu in Mickey D ‘s are in Spanish and English is in the subtitles

Hardly anybody there speaks english and they were were born here....


16 posted on 02/25/2012 1:41:48 PM PST by Popman (America is squandering its wealth on riotous living, war, and welfare.)
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To: Popman

“still suffers from headaches, blurred vision and post-traumatic stress disorder”

Us middle aged white guys call that “morning”.


17 posted on 02/25/2012 1:51:35 PM PST by Cyman
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To: sean327

“Read between what lines? No where in the article does it state that he didn’t respond to police orders. I went back and read it twice. You must have some new technology that allows you to read crap that just aint there.”

Whatever. I’ve had encounters with cops when they thought I was a felony suspect. Not a big deal. Keep your hands in sight, and listen to what they say. About the the only time that they roughen you up for no reason is when they think you’ve killed a cop. It’s just unfortunate that they didn’t have a Spanish speaking cop go to the scene, or we wouldn’t be reading about this.


18 posted on 02/25/2012 1:52:22 PM PST by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: GeronL

Don’t worry after the lawyers get done taking their cut Valladares will be lucky if he still has the $100 from the check he was trying to cash!


19 posted on 02/25/2012 2:13:16 PM PST by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: BobL
About the the only time that they roughen you up for no reason is when they think you’ve killed a cop.

Ain't been out of the house much in the last decade, have you? There are over 800 videos on youtube alone of out-of-control cops beating folks senseless, killing their dogs, or shooting them for no reason. Get in the REAL WORLD!

20 posted on 02/25/2012 2:18:03 PM PST by packrat35 (When will we admit we are now almost a police state?)
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To: nickcarraway

I have read relies 1-19, and am responding to all of them. Why isn’t the police paying out at least half? They were the ones that violated his rights, and beat him.

The bank employee may have made an error, but it could have been solved but competent police work, but alas...it was not to be.


21 posted on 02/25/2012 2:21:22 PM PST by packrat35 (When will we admit we are now almost a police state?)
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To: 41Thunder

he will probably get $100

lawyer gets the rest

usually how it works in the class action suits too


22 posted on 02/25/2012 2:25:35 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: packrat35

“Ain’t been out of the house much in the last decade, have you? There are over 800 videos on youtube alone of out-of-control cops beating folks senseless, killing their dogs, or shooting them for no reason. Get in the REAL WORLD! “

...and how many of those videos give both sides of the story? It’s very easy to hate cops, until you need them after your daughter’s been raped.


23 posted on 02/25/2012 2:28:55 PM PST by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: BobL

It’s true they might not report that. But I still wouldn’t jump that conclusion, especially since this guy didn’t do anything wrong. I prefer living in the USA not the USSR...


24 posted on 02/25/2012 2:38:57 PM PST by nickcarraway
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To: nickcarraway

Some guys get all the breaks.


25 posted on 02/25/2012 2:49:55 PM PST by Jacquerie (No court will save us from ourselves.)
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To: Popman
LOL.....I see you have never been to little Havana in Miami

even the menu in Mickey D ‘s are in Spanish and English is in the subtitles

I am SHOCKED!!!!

That they even bother with English subtitles.

26 posted on 02/25/2012 2:54:30 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: sean327

He wasn’t arrested. He cashed his check and left.


27 posted on 02/25/2012 2:55:52 PM PST by Jacquerie (No court will save us from ourselves.)
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To: nickcarraway

I say good deal... I hope the teller got fired.

Personally, I resent the fact that when I go and cash checks at a bank I am treated guilty until proven innocent. 2 and 3 forms of ID and a finger print. Again we regulate the many because of the actions of a few. thats bullshit.

I let them know full well how I feel about it when they ask if I want to open an account... I tell them ‘are you serious? do you honestly think I would subject my customers to your banking practices... etc....’

Just cash the friggin check and stfu...

/rant...


28 posted on 02/25/2012 3:10:58 PM PST by sit-rep
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To: nickcarraway

“We are disappointed,’’ said bank spokesperson Shirley Norton.

Be disappointed. In your employee training programs.


29 posted on 02/25/2012 3:35:09 PM PST by Jack Hammer
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To: BobL

When I need my dog shot, I may call a cop, otherwise no thanks.


30 posted on 02/25/2012 3:54:40 PM PST by packrat35 (When will we admit we are now almost a police state?)
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To: BobL

How do you cooperate with a bunch of thugs kicking you in the head?


31 posted on 02/26/2012 6:57:31 AM PST by Oztrich Boy (Prayer has no place in the public schools, just like facts have no place in religion -Sup. Chalmers)
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To: Oztrich Boy

“How do you cooperate with a bunch of thugs kicking you in the head?”

You cooperate before they start kicking you...at least if you can understand what they’re saying.


32 posted on 02/26/2012 7:04:03 AM PST by BobL (I don't care about his past - Santorum will BRING THE FIGHT to Obama)
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To: sean327; BobL

He was reading between lines that weren’t there


33 posted on 02/26/2012 10:18:33 AM PST by Shimmer1 (If love were oil, I'd be a quart low)
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