Posted on Dec 29, 2024

A pregnant woman was stabbed 14 times while protecting her little girl and while her boyfriend was held at gunpoint in the bathroom. The horrific incident occurred at the Riviera Motel in Kissimmee, Florida on Sunday, December 22, 2024.

The facts and circumstances are hard to imagine. Apparently, a Pizza delivery worker named Brianna Alvelo delivered a $33.10 pizza order to a customer at the motel. There was some sort of dispute over making change from a $50 bill, and as a result, the customer gave Alvelo (the delivery driver) a $2.00 tip.

Well, apparently this didn’t sit well with the driver, who allegedly returned to the motel room later that night with an armed male accomplice. Sources say the accomplice held the victim's boyfriend at gunpoint in the bathroom, and while the boyfriend was being held at gunpoint, the pizza delivery driver, Brianna Alvelo, allegedly stabbed the pregnant victim 14 times as she shielded her 5-year-old daughter.

It sounds like the victim successfully and bravely guarded her daughter, because there is no indication that the daughter was stabbed or injured. However, the victim suffered serious wounds, as one might expect. She underwent surgery for a ruptured lung. Also, while she was getting medical treatment for the stab wounds, she learned that she was pregnant.

Alvelo now faces multiple serious charges including attempted murder and home invasion. Her future is clear, based on the facts at hand. However, the question arises after an attack like this: Can the victim pursue compensation for the damages she’s suffered?

The victim’s medical bills will likely be hundreds of thousands of dollars, when all she wanted was a pizza to enjoy with her family. She’s now facing those bills and ultimately, if she doesn’t have insurance, it will probably be paid out of taxpayer dollars when the hospital writes off the bills. And the delivery driver isn’t going to have a personal insurance policy that will pay for the damages. That’s just the reality.

So, are there any other options? Is there any insurance here? Is there anyone that can be held responsible?

From the outset, it appears there are two options:

  1. Bring suit against the pizza place that hired this lunatic. There’s a legal theory called vicarious liability, where you can copy and paste the liability of an employee to the employer, depending on the circumstances. There’s questions though, so it may not be as simple as an assault and battery claim, it may be a more nuanced, negligent hiring and retention type claim.
  2. Bring suit against the motel. Apparently, the attacker didn’t have any problem cruising onto the motel property with weapons and an armed boyfriend to hold the victim and her family hostage. Thus, one might assume that the motel was the type of place where people felt comfortable committing a crime because they know they can get away with it.

We will explore these ideas in more detail below.

Can the Pizza Place Be Held Responsible?

Let's talk about holding the pizza place responsible. In Florida, there's something called vicarious liability. It's basically a legal way of saying the employer can be responsible for what their employees do. But there's a catch.

The employee needs to be doing their job when they commit the act. We call this "scope of employment" in legal terms. Here's where it gets tricky in this case.

The attack didn't happen during the delivery. The driver left, got a weapon and an accomplice, and came back specifically to commit a crime. That's pretty far outside what we'd call "scope of employment."

But there might be another way to hold the pizza place responsible. Did they do a background check before hiring this person? Did they know about any previous violent incidents? Did they have any complaints about this driver before? These questions could support what we call a negligent hiring claim.

What About the Motel's Responsibility?

This is where things get interesting. Florida law puts a special duty on hotels and motels to protect their guests. Why? Because guests are paying customers, and the law says businesses have to take reasonable steps to keep paying customers safe.

Think about it - this attacker and an armed accomplice somehow got onto the property and to the victim's room. That raises some serious questions:

  • Was there any security at all?
  • Were there working security cameras?
  • Was the lighting adequate?
  • Could anyone just walk onto the property without being stopped?
  • Were there any security guards?
  • Did the motel have a history of violent crimes?

The answers to these questions matter because Florida law says hotels need to take reasonable steps to prevent foreseeable crimes. If the motel knew about previous crimes but didn't do anything to stop them, that's a problem.

What Does Florida Law Require from Hotels?

Hotels in Florida can't just ignore security. They need basic security measures like:

  • Good lighting in parking lots and walkways
  • Working security cameras watching entrances and common areas
  • Proper locks on all room doors
  • Some way to control who comes onto the property
  • Security guards (especially in areas with high crime rates)

If the motel didn't have these basic security measures, they could be held responsible for what happened.

Getting Compensation for the Victim

Florida law allows victims to seek compensation for:

  • Medical bills - and in this case, we're talking about emergency care, surgery for a ruptured lung, and ongoing treatment. That adds up fast.
  • Lost wages - if the victim had to miss work because of her injuries.
  • Pain and suffering - which includes both physical pain and emotional trauma. Imagine the terror of being stabbed while trying to protect your child.
  • Future damages - including any future medical care, therapy, and reduced ability to work.

In this case, you would have to imagine that the medical bills are going to be extreme. But, there’s also the issue of psychological trauma. Protecting your 5-year-old child and getting stabbed 14 times while your husband is held at gunpoint has to be one of the more traumatic things that could happen to a person. This is something from a horror movie, but in real life. The psychological suffering is much more extreme than the physical, even though the physical was horrible.

Contact a Florida Negligent Security Lawyer Today

If you've been the victim of a violent crime at a hotel, motel, or any other business in Florida, you need someone in your corner who understands these cases. At our firm, we know how to investigate these incidents and hold negligent businesses accountable.

Give us a call at (321) LAWSUIT. We'll evaluate your case for free, and you don't pay us anything unless we win money for you.

Don't let negligent businesses get away with putting profits over people's safety. Contact us today and let us help you get the compensation you deserve.

Charles Buist
Helping Florida residents injured in car accidents, hurt due to negligent security, wrongful death and more.