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Firm Establishes Precedent For Civil Statutory Damages Claim for Developmentally Disabled


In Baumstein v. Sunrise Communities, 738 So. 2d 420 (Fla. 3d DCA 1999), attorneys with Colodny, Fass, Talenfeld, Karlinsky & Abate P.A., successfully argued in 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.

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