NEWS
Judge Acquits Nursing Home Administrator on 9 Counts Aggravated Manslaughter
David Frankel represented Jorge Carballo who was arrested and charged with 9 counts of Aggravated Manslaughter for the deaths of nursing home residents who suffered in extreme heat following a power outage caused by Hurricane Irma in 2017 at the nursing home where Mr. Carballo was the head administrator. During the 62-hour period when the facility's air-conditioning system was non-functional, temperatures soared to as high as 99 degrees, resulting in the deaths of twelve residents. Acting as Jorge Carballo's defense attorney, David successfully secured Carballo's acquittal on all charges after a 4 week trial. (State of Florida v. Jorge Carballo, Case Number 19-10559 CF10, Broward County)
Jury Finds Man Not Guilty on 119 Counts of Fraud
In a healthcare fraud case, David Frankel represented James Kigar who was acquitted by a Palm Beach County jury on 119 felony charges alleging he paid illegal kickbacks to obtain patients for the Boynton Beach drug-addiction recovery center he owned with other individuals. The defense, led by attorneys David Frankel and Michael Dutko, portrayed Kigar as a well-intentioned individual who was caught up in an industry with many unscrupulous actors. They argued that the payments in question were for legitimate case management services and successfully secured acquittals on all charges. (State v. James Kigar, Case Number 16-10364 CF, Palm Beach County).
Frankel Sets Precedent in Police Officer’s Excessive Use of Force
David Frankel sued the City of Miami Police Department for violations of his client’s constitutional rights after the client suffered injuries during a false arrest. After the City of Miami Police appealed the decision for the client in the trial court, the United States Eleventh Circuit Appeal in Sebastian v. Ortiz, 918 F.3d 1301 (11th Cir 2019) ruled that an officer is liable for damages when using excessively tight handcuffs on a compliant individual, leading to severe and lasting injuries.