Firm Makes Damage Recovery in Undisclosed Amount and Establishes Precedent For Civil Statutory Damages Claim for Developmentally Disabled
In Baumstein v. Sunrise Communities, 738 So. 2d 420 (Fla. 3d DCA 1999), Howard Talenfeld successfully argued to the Third District Court of Appeal to establish a private cause of action for damages based upon the violation of Florida’s Bill of Rights for the developmentally disabled under § 393.13, Florida Statutes.
Karen Baumstein was a developmentally disabled adult with profound mental deficiency, significant impairment in adaptive functioning, and cerebral palsy, which required 24-hour care and supervision.