Johnny Jackson, 22, in his Dunbar High School graduation photo, was fatally shot July 15 at the Lani Kai Island Resort. Two lawsuits claiming wrongful death and injury to a third party were filed Sunday in Lee County Court against the resort.(Photo: Special to The News-Press)
The Lani Kai Island Resort faces two lawsuits seeking damages in excess of $1 millionin the aftermath ofa fatal July shooting, according to court filings Sunday.
The suits allege theFort Myers Beachresort should have known its security measures were lacking.
"The defendant knew or should have recognized that security measures at the time of the incident ... were either non-existent, lacking, inadequate and/or were not being performed as expected or intended," the suits claim.
One of the suits, claiming wrongful death, was filed on behalf ofThomasina Daniels, the mother of Johnny Jackson, 22, the man who was fatally shot shortly after midnight July 15 in the patio beach area behind the resort building.
The second suit, a personal injury action, was filed by Traviasia Blanks of Fort Myers, Jackson's cousin.
Blanks, who was at the scene of the shooting, was one of two people shot in a spray of gunfire and suffered non-life-threatening injuries.
Jackson and Blanks were attending a party held by Jackson's brother Jordan Phillips, a Lani Kai employee who was also a paying guest of the resort. Phillips no longer works at the Lani Kai as "it is too bad of a memory," said attorney Joe North, who is representing both parties.
Members of the Lee County Sheriff's Office investigate a shooting at the Lani Kai Island Resort on Wednesday, July 15, 2020. Three people were shot, one fatally, in an altercation early Wednesday morning.(Photo: Andrew West, The News-Press)
There have been no arrests in the shooting. The Lee County Sheriff's Office has confirmed a suspect in the shooting has been jailed on unrelated charges. Theinvestigation remains active.
More: Three shot, one dead in altercation at Lani Kai; Lee sheriff says suspect remains at large
More: LCSO announces suspects in Lani Kai homicide, one in custody on unrelated charges
More: Fort Myers Beach council to consider nuisance abatement board in wake of Lani Kai homicide
I hope the lawsuit will make the hotel clean up the place and improve security so that this does not happen to somebody else, Daniels said through North.
In a civil lawsuit, a plaintiff must claim $30,000as a minimum, but compensation in each of these cases could exceed $1 million, North said.
Three people shot at Lani Kai on Fort Myers Beach, one fatally. Lee County Sheriff Carmine Marceno holds press conference. Fort Myers News-Press
The suits claim the Lani Kai had a history of criminal activity and should have recognized the danger to guests, visitors and employees.
The suits cite ongoing and violent criminal activity at the Lani Kai including assaults, batteries and discharge of firearms for three years prior to the shooting. As a result, theresort "breached its obligation and duty" to protect guests with Jackson being fatally shot and Blanks sustaining injury,pain, suffering, loss of wages and aggravation of an existing condition.
The Fort Myers Beach town council discussed the shooting at the Aug. 3 meeting and discussed creating a nuisance abatement board to deal with such incidents.
At that meeting, Councilman Jim Atterholt read from information he gathered showing emergency responses to the Lani Kai.
He said the resort has had the most Fort Myers Beach Fire & Rescue response calls since 2017, with 129 calls in 2017, 98 calls in 2018, 100 calls in 2019 and 70 calls so far this year.
Similarly, information provided by the sheriff's office shows 3,052 responses made to 1400 Estero Blvd., the Lani Kai's address, since January 2017, he said. Those calls have included 995 for area checks, 257 listed as suspicious, 251 listed as disturbances, 231 for trespassing, 23 for battery, 19 for searches for wanted suspects and five for sex crimes.
Johnny Jackson, 22, parasailing July 14 at the Lani Kai hours before he was fatally shot. Two lawsuits claiming wrongful death and injury to a third party were filed Sunday in Lee County Court.(Photo: Special to The News-Press)
The suits were electronically filedSunday. No date for a hearing has been set.
"This shooting could have been prevented with better security measures at the hotel," North said. "I join with the Fort Myers Beach officials in calling upon the Lani Kai to improve its property for the safety of the community.
A spokesman for the Lani Kai was not available for comment.
Johnny Jackson, 22, a former Dunbar High School basketball team member, was fatally shot July 15 at the Lani Kai Island Resort. Two lawsuits claiming wrongful death and injury to a third party were filed Sunday in Lee County Court.(Photo: Special to The News-Press)
More: Lawsuits dropped, Margaritaville Resort project set to proceed on Fort Myers Beach
Since the shooting, the Lani Kai has announced changes including:
After hours, only guests of the hotel will be able to walk the property wearing guest wristbands zero tolerance for trespassers. Room key cards will change to wrist fobs.
Guests causing significant damage to rooms or any type of altercation will be put on a Do Not Rent list.
Cover-ups and shoes must be worn indoors on the property. Beach-goers will no longer be permitted to walk through the hotels interior venues or public areas in just their swimwear.
A resort fee will be charged to hotel guests to include guest parking, pool access, pool/beach towels, WiFi, two bottles of water daily and discount beach furniture rental and water sports activities with Wind & Water Sports.
The hotel will continue to hire Lee County Sheriffs Office deputies during busier-than-usual holidays, events or days that are expected to draw more people.
It will also hire deputies during weekends in season, every Saturday and Sunday.
Staff will go through security training certifications, licensing and thorough background checks; anyone on the team must be certified and licensed. Hospitality staff already receivequarterly alcohol awareness meetings, but additional staff will now attend security meetings, to follow up with any updates or mandates to the department.
Connect with breaking news reporter Michael Braun:MichaelBraunNP (Facebook),@MichaelBraunNP (Twitter) or mbraun@news-press.com.
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Lani Kai resort hit with two lawsuits in wake of July 15 shooting death - News-Press
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