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Family of 16-year-old killed by train in Delray Beach sues FEC

Scott B. Smith, Esq. of Lytal, Reiter, Smith, Ivey & Fronrath and co-counsel Richard B. Mateer, Esq. have filed a 9 Count and 28 page lawsuit against various defendants for the wrongful and tragic death of a 16 year old boy. On December 8, 2015, Jesus Maria Villalobos Lobo, a minor boarding school student at the ELEV8 Prep Sports Institute in Delray Beach, FL was killed when he was struck by a Florida East Coast Railway train. Jesus, only 16 years of age on the date of his intensely premature death, was an outstanding baseball player from Colombia who was considered to have significant major league potential as a catcher. He came to the United State of America and specifically to Palm Beach County in the hopes of gaining even further exposure in the USA as a student and as a baseball player. Most unfortunately, the boarding school to which a substantial tuition amount was required, failed him and his surviving mother by failing to take care of and protect him. Situated “in loco parentis” the boarding school had an affirmative duty, responsibility and obligation to look after the health, welfare and well-being of this 16 year old boy. Unfortunately, ELEV8 Prep failed to protect the minor decedent in numerous aspects that directly resulted in his wrongful death. The lawsuit filed by Smith in the Circuit Court in and for Palm Beach County specifies and outlines in detail how the boarding school was negligent in dozens of different ways. Moreover, Smith outlined how the boarding school failed to comply with the applicable Florida Statute regulating boarding schools in Florida and how the boarding school failed to follow numerous and established industry standards on how residential boarding schools are supposed to care for and protect their boarding students. Smith offered the following after the filing the lawsuit “This boy and his mother, rightfully so, had great dreams and hopes for this rising star. They sent him here to the United States in search of opportunity, but also with the understanding that this particular boarding would take care of Jesus and keep him out of harm’s way. Unfortunately, the school took no such measures and effectively allowed this 16 year old boy to fend for himself in a foreign country. All children deserve and are owed a whole lot more from those who are responsible for their health, welfare and well-being. God Bless Jesus and his loving mother. We intend to fight as hard as possible for them and for as long as it takes until justice prevails.”

 

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