Gainesville, Florida — A jury recently awarded $3.75 million in a tragic case involving the drowning death of four-year-old Kash Hodges, though the substantial award may be reduced due to the determination of shared responsibility among the boy’s parents. The case, titled Figueroa v. American Commercial Realty Corp., concluded in the Florida State Eighth Circuit Court with a jury decision that attributed blame to both the property management company and the grieving parents.
The incident occurred in 2023 at a retention pond located behind the Oakwood Commons Shopping Center in Gainesville. The jury classified Kash as an invitee on the premises, assigning 37 percent of the fault to American Commercial Realty Corp. and 10 percent to property owner Live Oak Shoppes Group LLC. The court concluded that the actions of the parents also played a critical role in the tragic incident, apportioning 38 percent of the responsibility to mother Taychianna Figueroa and 15 percent to father Gabriel Hodges.
The distribution of liability will likely affect the final financial award, potentially lowering it to approximately $1.76 million. Taychianna Figueroa was set to receive $2.5 million, while Gabriel Hodges was awarded $1.25 million. Prior to the trial, the parents had sought damages as high as $200 million, illustrating the emotional and financial toll they have faced.
Following the verdict, attorney Jordan Redavid, representing the parents, revealed that the highest settlement offer before the trial was only $1 million, indicating a significant gap between what was offered and what the jury awarded.
On the day of the tragic incident, Kash was staying with his mother at the pet grooming business where she worked, situated at the shopping center. After waking from a nap while his father slept, Kash slipped through a baby gate, exited through an unlocked front door, and ultimately fell into the pond, leading to his drowning.
During the six-day trial, the primary focus was on liability. In closing arguments, John Fischer of Fischer Redavid highlighted failures on the part of the property owners to maintain and secure the pond, arguing that a proper and responsible company would have either repaired the steep slope or installed a safety fence.
Conversely, defense attorney Michael Reed from Wicker Smith contended that the negligence lay with the parents. He pointed to evidence suggesting that Figueroa left the front door unlocked knowingly, asserting that she could have taken steps to prevent her child from accessing the dangerous area.
After the jury’s verdict, Redavid voiced a mixture of disappointment and validation. He maintained that the verdict confirmed the defendants’ negligence and offered some measure of relief to the grieving parents, who had been led to believe their son’s death was entirely their fault.
Reed, however, remained resolute in defending his clients, insisting that the property was not meant for residential use and that the pond’s location was clearly visible. He noted that video evidence showed the child’s point of entry was significantly distanced from the eroded area of the pond.
This case underscores the complexities of liability in accidental drownings, particularly when multiple parties play a role. The jury’s decision is emblematic of the often difficult and emotionally charged nature of wrongful death suits.
For more information, please contact Arlin Crisco at acrisco@cvn.com.
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