An attorney representing dozens of survivors and family members of victims killed in the Pulse nightclub massacre amended their negligence lawsuit on Thursday to claim the club’s owners illegally transferred it to another company months after the incident.
The suit now alleges Pulse owners Barbara and Rosario Poma made the change to prevent those suing them from being privy to its value.
At the time of the June 2016 mass shooting that killed 49 people and injured dozens more, the Pomas owned Pulse through a company called 1912 Orange Avenue LLC.
According to the lawsuit, the Pomas created two companies in October 2016 and sold the club to the new companies for $100, which was well below the value of $1.68 million. The City of Orlando also offered $2.25 million for the club, but the Pomas declined.
The transfer was fraudulent and was “intended to hinder, delay, and defraud victims of the attack knowing that (1) Pulse was a significant asset and (2) that by transferring the asset from Pulse would make it more difficult for Plaintiffs to receive Pulse or its value in resolutions of claims,” the lawsuit states.
The lawsuit also claims the Pomas’ lawyer, Gus Benitez, knowingly helped them make the fraudulent transfer.
Benitez on Thursday called the new allegations “utterly frivolous.” He also said the plaintiffs need permission from the judge before adding to the lawsuit.
“Apparently the plaintiffs’ attorneys either believe they do not have to comply with the court’s rules of procedure or they just simply do not know what those rules are, which may tell the entire story,” Benitez said in a statement. “I look forward to aggressively defending myself in this utterly frivolous lawsuit.”
Keith Altman, of the Michigan law firm Excolo Law, PLLC, filed the lawsuit last June on behalf of 39 survivors or family members of those who died in the attack. That number is up to 66, Altman said.
The original lawsuit claimed the owners were negligent because they did not have proper security measures or staff training in place to handle an active shooter.
The Pomas filed a motion to dismiss the lawsuit last month, saying they are not liable.
“Defendants, Barbara and Rosario Poma are individuals that were shareholders of a company that owned and/or operated Pulse,” the motion states. “They are not alleged to have been present at the time of the shooting. Therefore, they could not have actively been involved in conduct necessary to establish a claim on a personal liability level.”
A spokeswoman for the Pomas could not be reached for comment.
dharris@orlandosentinel.com, 407-420-5471 or @DavidHarrisOS
.galleries:after {
content: ”;
display: block;
background-color: #dd1300;
margin: 16px auto 0;
height: 5px;
width: 100px;
}
.galleries:before {
content: “Central Florida Crime Videos”;
display: block;
font: 700 23px/25px Belizio,Georgia,’Droid Serif’,serif;
text-align: center;
color: #1e1e1e;
}
