TAMPA, Fla. (Legal Newsline) — In Florida, a Hillsborough County law firm is being accused of negligently handling a wrongful death lawsuit against the Pinellas County School Board after a student was killed by a school bus.
Lazaro Rosales Rojas, individually and as personal representative of the Estate of Wanderley Rosales Echemendia and Delmis Eschemendia Cruz, filed a complaint Oct. 14 in the Hillsborough County Circuit Court against Danilo Cruz-Carino, Esquire, Luzardo Pendas, Esquire and The Pendas Law Firm PA alleging legal malpractice and other claims.
According to the plaintiffs' complaint, their family member, Wanderley Rosales Echemendia, was killed on September 11, 2018, after being run over by a school bus operated by an employee of the Pinellas County School Board. They allege that they retained The Pendas Law Firm to bring a wrongful death suit against the Pinellas County School Board which was filed on Dec. 31, 2020.
The plaintiffs claim that the defendants failed to commence the suit within two years of September 11, 2018, in accordance with the statue of limitations, which caused the case to be dismissed on July 21, 2022. They allege the defendants failed to represent them in a "reasonable fashion" or provide "competent and a skillful representation."
The plaintiffs also allege that the defendants filed an amended complaint in September of 2021, that included false claims Rojas and Cruz witnessed the death of Wanderley when his father, Lazaro, was actually out of town at the time of his son's death. The plaintiffs allege the defendants' negligence led to the loss of their ability to bring a claim for wrongful death damages.
The plaintiffs seek monetary relief of more than $30,000, trial by jury, interest and all other just relief. They are represented by Carl Dicampli and George Lorenzo of Lorenzo & Lorenzo PA in Tampa.