Hughes Complaint

Filing # 169398023 E-Filed 03/22/2023 03:51:45 PM
IN THE CIRCUIT COURT OF THE

SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.
JOHN HUGHES, as Proposed Personal

Representative of the ESTATE OF GARRETT
DANIEL HUGHES,
Plaintiffs,
vs.
LLOYD P. BREWER III; LLOYD P.

BREWER, JR., individually, and as Trustee of
the LLOYD P. BREWER, JR. AND LETA P.
BREWER REVOCABLE TRUST; JOHN
DOE(S), individually, and as Co-Trustee(s) of
the LLOYD P. BREWER, JR. AND LETA P.
BREWER REVOCABLE TRUST; the LLOYD
P. BREWER, JR. AND LETA P. BREWER
REVOCABLE TRUST; BREWER
MANAGEMENT, LLC; L P BREWER
ENTERPRISES, LLC; ROMOCO, INC.;
L.P.B., LTD.; L.P.B., LLC; PARADISE
HARBOR #7 LLC; and SUNRISE SUITES
RESORTS, L.L.C.,
Defendants.
____________________________________/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
The Plaintiff JOHN HUGHES, as Proposed Personal Representative of the ESTATE OF
GARRETT DANIEL HUGHES, brings this action for damages against the Defendants LLOYD
P. BREWER III; LLOYD P. BREWER, JR., individually, and as Trustee of the LLOYD P.
BREWER, JR. AND LETA P. BREWER REVOCABLE TRUST; JOHN DOE(S), individually,
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Law Offices Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
and as Co-Trustee(s) of the LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE
TRUST; the LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE TRUST;
BREWER MANAGEMENT, LLC; L P BREWER ENTERPRISES, LLC; ROMOCO, INC.;
L.P.B., LTD.; L.P.B., LLC; PARADISE HARBOR #7 LLC; and SUNRISE SUITES RESORTS,
L.L.C., and alleges the following:
JURISDICTION, VENUE, AND PARTIES
1. This is a wrongful death action for damages in excess of the jurisdictional limits of
this Court.
2. Plaintiff JOHN HUGHES is a resident of Monroe County, Florida and will be the
duly appointed, qualified and acting Personal Representative of the ESTATE OF GARRETT
DANIEL HUGHES (the “HUGHES ESTATE”). Plaintiff JOHN HUGHES is the natural father of
the decedent Garrett Daniel Hughes. Garrett’s natural mother is Lesley Touzalin. The decedent
died at the age of 21, and therefore died as a minor child under the Florida Wrongful Death Act,
Fla. Stat. § 768.18, et seq.
3. Defendant LLOYD P. BREWER III (“BREWER III”) is a resident of Monroe
County, Florida.
4. Defendant LLOYD P. BREWER, JR. (“BREWER JR.”) is sued both individually
and in his capacity as Trustee of the LLOYD P. BREWER, JR. AND LETA P. BREWER
REVOCABLE TRUST. Defendant BREWER JR. is a resident of Monroe County, Florida.
5. Defendant(s) JOHN DOE(S) are sued both individually and in their capacity as Co-
Trustee(s) of the LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE TRUST.
The original co-trustee of the LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE
TRUST, Leta P. Brewer, has been deceased since February 27, 2009. Such Defendant(s) are
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identified as JOHN DOE(S) because the identity of any co-trustees of the LLOYD P. BREWER,
JR. AND LETA P. BREWER REVOCABLE TRUST during the relevant time frame is presently
unknown.
6. Defendant LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE
TRUST (the “BREWER TRUST”) is a trust created in Monroe County, Florida. Its principal place
of administration is also in Monroe County.
7. Defendant BREWER MANAGEMENT, LLC (“BREWER MANAGEMENT”) is
a Florida limited liability company with its principal place of business in Monroe County, Florida.
8. Defendant L P BREWER ENTERPRISES, LLC (“L P BREWER”) is a Florida
limited liability company with its principal place of business in Monroe County, Florida.
9. Defendant ROMOCO, INC. (“ROMOCO”) is a Florida corporation with its
principal place of business in Monroe County, Florida.
10. Defendant L.P.B., LTD. (“L.P.B. I”) is a Florida limited partnership with its
11. Defendant L.P.B., LLC (“L.P.B. II”) is a Florida limited liability company with its
12. Defendant PARADISE HARBOR #7 LLC (“PARADISE HARBOR”) is a Florida
limited liability company with its principal place of business in Monroe County, Florida.
13. Defendant SUNRISE SUITES RESORTS, L.L.C. (“SUNRISE SUITES”) is a
Florida limited liability company with its principal place of business in Monroe County, Florida.
14. Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER
MANAGEMENT, L P BREWER, ROMOCO, L.P.B. I, L.P.B. II, PARADISE HARBOR, and
SUNRISE SUITES are collectively referred to as the “BREWER FAMILY DEFENDANTS.” At
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all times material, the BREWER FAMILY DEFENDANTS owned, controlled, operated, and/or
managed the subject premises.
15. Venue is proper in Monroe County, Florida, where one or more of the Defendants
resides and the subject incident occurred.
16. All conditions precedent to the maintenance of this action have been satisfied.
GENERAL ALLEGATIONS
17. The subject premises is a parcel of real property located at 3340 North Roosevelt
Boulevard, Key West, Monroe County, Florida. It includes a single building with multiple
storefronts and an outdoor parking area in the front, side, and back of the building. One such
storefront operates as “Conch Town Liquor and Lounge.”
18. On February 13, 2023, the decedent Garrett Daniel Hughes was an invitee
permissibly on the subject premises. Mr. Hughes, 21 years old at the time, was inside the Conch
Town Liquor and Lounge. He exited through a door onto the parking area in the back of the
building. Soon thereafter, Defendant BREWER III exited as well onto the building’s back parking
area.
19. Defendant BREWER III was armed with a loaded firearm. An altercation ensued
between Mr. Hughes and Defendant BREWER III. Mr. Hughes was shot.
20. Mr. Hughes was transported to the hospital.
21. Mr. Hughes succumbed to his injuries and was pronounced dead within hours of
being shot.
COUNT 1
PREMISES LIABILITY, NON-DELEGABLE DUTY
AGAINST THE BREWER FAMILY DEFENDANTS
22. The Plaintiff adopts and realleges paragraphs 1 through 21 and further alleges:
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23. This count is alleged against the BREWER FAMILY DEFENDANTS, that is,
Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER MANAGEMENT, L P
BREWER, ROMOCO, L.P.B. I, L.P.B. II, PARADISE HARBOR, and SUNRISE SUITES.
24. The BREWER FAMILY DEFENDANTS had ownership, possession, and control
of the subject premises.
25. The BREWER FAMILY DEFENDANTS owed a non-delegable duty to invitees
on the subject premises, including Mr. Hughes, to maintain a reasonably safe and secure premises,
free from reasonably foreseeable dangers and risks of which the BREWER FAMILY
DEFENDANTS knew or should have known would likely cause harm to an invitee on the subject
premises, including Mr. Hughes.
26. Additionally, the BREWER FAMILY DEFENDANTS owed a non-delegable duty
to invitees on the subject premises, including Mr. Hughes, to warn of any reasonably foreseeable
dangers and risks which the BREWER FAMILY DEFENDANTS had, or should have had,
knowledge greater than that of Mr. Hughes.
27. At all times material, the BREWER FAMILY DEFENDANTS knew or should
have known that Defendant BREWER III had a history of violence and weapons possession.
28. The BREWER FAMILY DEFENDANTS knew or should have known that there
was a reasonable likelihood that BREWER III would act in a tortious manner with invitees on the
subject premises, which created a reasonably foreseeable danger and risk of harm to invitees,
including Mr. Hughes.
29. At all times material, the BREWER FAMILY DEFENDANTS were legally
obligated to use every reasonable effort to maintain order among individuals on the subject
premises and likely to produce disorder to the injury and/or harm of invitees.
5
30. The BREWER FAMILY DEFENDANTS breached their non-delegable duty of
care, and were negligent, by and through their agents, servants, employees, representatives, and/or
contractors, by failing to take reasonably appropriate measures to protect invitees, such as Mr.
Hughes, from physical harm that was foreseeable.
31. As a direct and proximate result of the BREWER FAMILY DEFENDANTS’
negligence, Mr. Hughes was killed. Plaintiff claims the damages set forth below.
COUNT 2
NEGLIGENCE
34. The BREWER FAMILY DEFENDANTS, by and through their agents, servants,
employees, representatives, and/or contractors, had and undertook the duty of reasonable care with
respect to the safety and security of invitees, such as Mr. Hughes, on the subject premises.
35. At all times material, the BREWER FAMILY DEFENDANTS knew or should
have known that Defendant BREWER III had a history of violence and weapons possession.
36. The BREWER FAMILY DEFENDANTS breached their duty with respect to the
safety and security of invitees by failing to take reasonably appropriate measures to protect
invitees, such as Mr. Hughes, from physical harm.
negligence, Mr. Hughes was killed. Plaintiff claims the damages set forth below.
6
COUNT 3
DRAM SHOP LIABILITY
40. The BREWER FAMILY DEFENDANTS furnished alcohol to Defendant
BREWER III, who became intoxicated.
41. At the time of the subject incident, Defendant BREWER III was habitually addicted
to alcohol.
42. The BREWER FAMILY DEFENDANTS furnished Defendant BREWER III with
alcohol with actual and/or constructive knowledge that he was habitually addicted to alcohol.
43. By furnishing excessive amounts of alcohol to a known, habitual drunkard, the
BREWER FAMILY DEFENDANTS became liable for the injury and damage caused by and
resulting from Defendant BREWER III’s intoxication.
44. The BREWER FAMILY DEFENDANTS’ furnishing of alcohol to a known,
habitual drunkard caused Defendant BREWER III to engage in the above-described encounter that
resulted in Mr. Hughes’s death.
actions, Mr. Hughes was killed. Plaintiff claims the damages set forth below.
COUNT 4
BATTERY
AGAINST DEFENDANT BREWER III
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47. Through his actions, Defendant BREWER III actually and intentionally touched or
struck Mr. Hughes against Mr. Hughes’s will.
48. As a direct and proximate result of the battery perpetrated by Defendant BREWER
III, Mr. Hughes was killed. Plaintiff claims the damages set forth below.
COUNT 5
NEGLIGENCE
AGAINST DEFENDANT BREWER III
50. In the alternative to the previously plead count, through his actions, Defendant
BREWER III was negligent.
51. Defendant BREWER III owed others on the subject premises, including Mr.
Hughes, a duty of reasonable care to avoid engaging in conduct that would expose others to
reasonably foreseeable harm arising from his conduct.
52. Defendant BREWER III breached his duty of reasonable care to Mr. Hughes by
engaging in dangerous, risky, and lethal conduct that resulted in the death of Mr. Hughes.
53. As a direct and proximate result of Defendant BREWER III’s negligence, Mr.
Hughes was killed. Plaintiff claims the damages set forth below.
CLAIMS OF PERSONAL REPRESENTATIVE FOR DAMAGES

AGAINST ALL DEFENDANTS
54. As a direct and proximate result of the Defendants’ acts described above, which
caused the death of Garrett Daniel Hughes, Plaintiff JOHN HUGHES, as Proposed Personal
Representative of the HUGHES ESTATE sets forth the below listed claims for damages on behalf
of the HUGHES ESTATE and the statutory survivors pursuant to Florida Statute section 768.21,
the Florida Wrongful Death Act:
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CLAIM ON BEHALF OF THE HUGHES ESTATE
55. The HUGHES ESTATE has in the past suffered and will in the future continue to
suffer the following damages:
a. Medical or funeral expenses, or both, which have been incurred due to the
decedent’s death that have become a charge against his estate or that were paid by or on behalf of
the decedent,
b. Loss of earnings of the deceased from the date of injury to the date of death, less
lost support of survivors excluding contributions in kind, with interest, and
c. Loss of prospective net accumulations of the HUGHES ESTATE.
WHEREFORE, the Plaintiff demands judgment against all the Defendants for all damages
recoverable under the laws of the State of Florida.
CLAIM ON BEHALF OF JOHN HUGHES AS SURVIVING FATHER
56. John Hughes, as the surviving parent of the decedent Garrett Daniel Hughes, has in
the past suffered, and will in the future continue to suffer the following damages:
a. Lost support and services from the date of the decedent’s injury to his death, with
interest,
b. Future loss of support and services from the date of the decedent’s death and
reduced to present value, and
c. Mental pain and suffering from the date of injury.
WHEREFORE, the Plaintiff demands judgment against all the Defendants for all damages
recoverable under the laws of the State of Florida.
CLAIM ON BEHALF OF LESLEY TOUZALIN AS SURVIVING MOTHER
57. Lesley Touzalin, as the surviving parent of the decedent Garrett Daniel Hughes, has
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in the past suffered, and will in the future continue to suffer the following damages:
a. Lost support and services from the date of the decedent’s injury to his death, with
interest,
b. Future loss of support and services from the date of the decedent’s death and
reduced to present value, and
c. Mental pain and suffering from the date of injury.
Wherefore, the Plaintiff demands judgment against Defendants for all damages recoverable
under the laws of the State of Florida.
DEMAND FOR JURY TRIAL
58. The Plaintiff demands trial by jury on all issues triable as of right by a jury.
Dated this 22nd day of March 2023.
GROSSMAN ROTH YAFFA COHEN, P.A.

Attorneys for Plaintiffs
2525 Ponce de Leon Blvd., Suite 1150
Coral Gables, Florida 33134
Tel.: (305) 442-8666
Fax: (305) 285-1668
By: Stuart Z. Grossman, Esq.

STUART Z. GROSSMAN, ESQ.
Fla. Bar No.: 156113

By: William P. Mulligan, Esq.
WILLIAM P. MULLIGAN, ESQ.
Fla. Bar No. 106521
wpm@grossmanroth.com
By: s/Alex Arteaga-Gomez, Esq.
ALEX ARTEAGA-GOMEZ, ESQ.
Fla. Bar No.: 18122
aag@grossmanroth.com
By: Julian J. Catala, Esq.
JULIAN J. CATALA, ESQ.
Fla. Bar No. 101485
jjc@grossmanroth.com
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Filing # 169398023 E-Filed 03/22/2023 03:51:45 PM

IN THE CIRCUIT COURT OF THE

CIRCUIT CIVIL DIVISION

JOHN HUGHES, as Proposed Personal

LLOYD P. BREWER III; LLOYD P.

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

The Plaintiff JOHN HUGHES, as Proposed Personal Representative of the ESTATE OF

BREWER MANAGEMENT, LLC; L P BREWER ENTERPRISES, LLC; ROMOCO, INC.;

L.L.C., and alleges the following:

JURISDICTION, VENUE, AND PARTIES

Fla. Stat. § 768.18, et seq.

3. Defendant LLOYD P. BREWER III (“BREWER III”) is a resident of Monroe

4. Defendant LLOYD P. BREWER, JR. (“BREWER JR.”) is sued both individually

REVOCABLE TRUST. Defendant BREWER JR. is a resident of Monroe County, Florida.

6. Defendant LLOYD P. BREWER, JR. AND LETA P. BREWER REVOCABLE

of administration is also in Monroe County.

7. Defendant BREWER MANAGEMENT, LLC (“BREWER MANAGEMENT”) is

8. Defendant L P BREWER ENTERPRISES, LLC (“L P BREWER”) is a Florida

9. Defendant ROMOCO, INC. (“ROMOCO”) is a Florida corporation with its

principal place of business in Monroe County, Florida.

principal place of business in Monroe County, Florida.

principal place of business in Monroe County, Florida.

12. Defendant PARADISE HARBOR #7 LLC (“PARADISE HARBOR”) is a Florida

13. Defendant SUNRISE SUITES RESORTS, L.L.C. (“SUNRISE SUITES”) is a

14. Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER

MANAGEMENT, L P BREWER, ROMOCO, L.P.B. I, L.P.B. II, PARADISE HARBOR, and

SUNRISE SUITES are collectively referred to as the “BREWER FAMILY DEFENDANTS.” At

managed the subject premises.

resides and the subject incident occurred.

storefront operates as “Conch Town Liquor and Lounge.”

20. Mr. Hughes was transported to the hospital.

Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER MANAGEMENT, L P

of the subject premises.

25. The BREWER FAMILY DEFENDANTS owed a non-delegable duty to invitees

premises, including Mr. Hughes.

26. Additionally, the BREWER FAMILY DEFENDANTS owed a non-delegable duty

knowledge greater than that of Mr. Hughes.

including Mr. Hughes.

Hughes, from physical harm that was foreseeable.

31. As a direct and proximate result of the BREWER FAMILY DEFENDANTS’

Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER MANAGEMENT, L P

invitees, such as Mr. Hughes, from physical harm.

37. As a direct and proximate result of the BREWER FAMILY DEFENDANTS’

Defendants BREWER JR., JOHN DOE(S), BREWER TRUST, BREWER MANAGEMENT, L P

40. The BREWER FAMILY DEFENDANTS furnished alcohol to Defendant

BREWER III, who became intoxicated.

43. By furnishing excessive amounts of alcohol to a known, habitual drunkard, the

resulting from Defendant BREWER III’s intoxication.

44. The BREWER FAMILY DEFENDANTS’ furnishing of alcohol to a known,

resulted in Mr. Hughes’s death.

45. As a direct and proximate result of the BREWER FAMILY DEFENDANTS’

struck Mr. Hughes against Mr. Hughes’s will.

BREWER III was negligent.

reasonably foreseeable harm arising from his conduct.

CLAIMS OF PERSONAL REPRESENTATIVE FOR DAMAGES

the Florida Wrongful Death Act:

suffer the following damages:

lost support of survivors excluding contributions in kind, with interest, and

c. Loss of prospective net accumulations of the HUGHES ESTATE.

recoverable under the laws of the State of Florida.

CLAIM ON BEHALF OF JOHN HUGHES AS SURVIVING FATHER

reduced to present value, and

c. Mental pain and suffering from the date of injury.

recoverable under the laws of the State of Florida.