The Theresa Murray lawsuit is a civil case filed in Miami-Dade Circuit Court in October 2020 by Miami chef Theresa Murray against South Florida real estate developer Irwin Elliot Tauber and Arboca Holdings, the LLC that owns his boat, over a propeller strike that injured her while she was swimming in Biscayne Bay. Murray alleges negligence and reckless vessel operation and is seeking millions in damages. The civil case remains pending. A separate misdemeanor charge against Tauber ended in a judgment of acquittal in July 2023.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer2UniCourt. Theresa Murray vs Irwin Elliot Tauber et al
What Happened on Biscayne Bay
On April 28, 2020, Murray was swimming in roughly six feet of water near Bay Harbor Islands, less than 100 feet from the seawall. She was wearing a bright red swim cap and towing a bright red swim buoy.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer3Bisnow. Tauber Boat Accident
According to the complaint, Tauber was operating a 41-foot 2020 Valhalla Boatworks vessel called “Alora” at 46 miles per hour through a designated slow-speed manatee zone. The three-bladed stainless steel propellers struck Murray, cutting through her left leg and ankle to the bone and severing nerves, tendons, and ligaments.4The Real Deal. Miami Developer Sued for Running Boat Over Biscayne Bay Swimmer’s Leg
The suit alleges that after Murray shouted “You hit me,” Tauber yelled back that she should have been wearing a dive flag and then sped away without rendering aid. Murray’s attorneys note that dive flags are required for divers, not swimmers. A nearby paddleboarder helped her to shore.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer
The Injuries and Career Impact
Murray sustained at least four separate propeller lacerations, which the complaint describes as deep, permanent damage to blood vessels, nerves, tendons, muscle, and deep tissue.4The Real Deal. Miami Developer Sued for Running Boat Over Biscayne Bay Swimmer’s Leg
Her work as a chef requires standing for hours. Her attorney, Jack Hickey of the Hickey Law Firm, said the injuries have left her unable to do her job properly and may end her career. The lost-wages claim covers an estimated minimum of 13 years, prorated to her anticipated retirement age.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer5Goldfarb PA. Miami Developer Sued After Running Over Swimmer in Boat
What the Complaint Alleges
Murray filed her complaint on October 26, 2020, in Miami-Dade Circuit Court against Tauber and Arboca Holdings, the entity that owns “Alora.” The counts are negligence and reckless vessel operation, and the complaint alleges violations of multiple Florida statutes and the federal Inland Rules of Navigation.4The Real Deal. Miami Developer Sued for Running Boat Over Biscayne Bay Swimmer’s Leg3Bisnow. Tauber Boat Accident
Specifically, the complaint alleges Tauber was illegally speeding in a protected slow-speed zone, took a shortcut under a bridge outside the designated channel, and ignored navigational markers in an area with submerged pilings. Murray is seeking millions in damages, including medical expenses and lost wages. Hickey called it “well in excess of a $1 million case.” The complaint also seeks punitive damages based on Tauber’s alleged failure to render aid.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer5Goldfarb PA. Miami Developer Sued After Running Over Swimmer in Boat
Where the Case Stands
Tauber’s attorney, Neal L. Sandberg of Simon Schindler & Sandberg LLP in Miami, said in 2020 that his client intended to “respond to and defend against the claims” and declined further comment on the pending litigation. As of the most recent available court records, the civil case remains open.1Business Insider. New Lawsuit Alleges Florida Developer Tauber Drove Boat Over Swimmer2UniCourt. Theresa Murray vs Irwin Elliot Tauber et al
The Criminal Acquittal Does Not Decide the Civil Case
The State of Florida separately charged Tauber with a misdemeanor in State of Florida v. Irwin Elliot Tauber (Case No. M-20-010275), alleging a violation of Florida Statute ยง 327.33(3)(a) for failing to maintain a proper lookout under federal Navigational Rule 5. He pleaded not guilty.5Goldfarb PA. Miami Developer Sued After Running Over Swimmer in Boat
On July 7, 2023, Miami-Dade County Court Judge Raul Cuervo granted a judgment of acquittal after the prosecution rested. The court found two evidentiary gaps. First, the state offered no direct evidence that Tauber was actually operating the vessel; it showed only that Arboca Holdings LLC owned the boat and that Tauber was a member of the LLC. Second, there was no evidence about who was on the bridge or whether a lookout was kept. Judge Cuervo noted that a boating accident alone does not legally establish a failure to maintain a lookout, and that Tauber could not be held criminally responsible simply because his LLC owned the boat.6DUI2go. State of Florida v. Irwin Elliot Tauber, Case No. M-20-010275
Under Florida law, a judgment of acquittal is a final disposition that cannot be retried.7DUI2go. Reckless Careless Operation Vessel The acquittal does not control the civil lawsuit. Civil cases carry a lower burden of proof, and Murray’s complaint names both Tauber individually and Arboca Holdings as the vessel’s owner.
Who Is Irwin Tauber
Irwin Tauber is the founder and CEO of Taubco, a Bay Harbor Islands real estate firm he and his wife, Laura Tauber, started in the late 1990s. Taubco is a vertically integrated developer handling acquisition, construction, leasing, and property management, with a portfolio of more than one million square feet across shopping centers, multifamily housing, and mixed-use projects.8Taubco. About Taubco9Miami Herald. Indian Creek Property4The Real Deal. Miami Developer Sued for Running Boat Over Biscayne Bay Swimmer’s Leg