Lawsuit claims hospital negligence allowed patient to steal Uber and kill motorcyclist
Before he allegedly carjacked an Uber driver at Mount Sinai Medical Center last August and killed a motorcyclist in an ensuing crash, 19-year-old Edward Milo had been treated for an apparent “mental health crisis” at Mount Sinai and tried to steal another car on the property, according to a lawsuit filed Thursday by the victim’s sister.
Security guards failed to call police and instead allowed Milo to roam the property, which led to the carjacking and the death of 25-year-old motorcyclist Ivy Ni, according to the lawsuit that accuses the hospital of negligence.
A Mount Sinai spokeswoman released the following statement on Thursday: “Mount Sinai’s top priority is the safety of our patients, visitors and employees. Mount Sinai Medical Center cannot comment on matters regarding patient privacy, ongoing investigations and legal proceedings. To the extent that we are aware of an incident, the appropriate authorities are contacted immediately and have our full cooperation.”
Ni — a University of Miami graduate, entrepreneur and stunt-driving influencer known on social media as Ms. Motopanda — was killed Aug. 16 after Milo crashed the stolen SUV into her motorcycle on an Interstate 95 off ramp, authorities said. Milo was arrested on charges of murder, carjacking and leaving the scene of a crash involving a death. He remains in jail.
Attorney Michael Levine, who is representing the family along with attorneys Stephen Cain and A. Dax Bello, told the Miami Herald that the tragedy could have been prevented had Mount Sinai security done its job. The lawsuit seeks monetary damages for medical and funeral expenses, income loss and mental health suffering.
Levine said Ni started her own companies selling jewelry and bikinis, including swimwear she designed herself. He said her family wants to hold Mount Sinai accountable for the hospital’s “lapses in security.”
“They want to hold Mount Sinai accountable for their actions, which is what led to Mr. Milo being able to hijack a vehicle,” Levine said.
Prior to the carjacking, Milo had been hospitalized at Mount Sinai in the early morning hours of Aug. 16 after Miami Beach Police said they found him in the middle of Alton Road in South Beach muttering incoherently, acting erratically and possibly under the influence of a narcotic. Witnesses told police that Milo had been kicking parked motorcycles and punched someone at a local store, according to the lawsuit.
“On information and belief, Mr. Milo appeared to be suffering from a mental health crisis, perhaps exacerbated by the use of drugs, for which Mount Sinai treated or attempted to treat,” the lawsuit states.
Surveillance footage shows that after Milo was released from the hospital just after 4 p.m., security approached him at least three times, Levine said. Milo was seen on camera attempting to carjack a woman, who reported the incident to security. Security guards in a golf cart and SUV approached Milo but did not detain him, Levine said.
“That’s what makes this a completely preventable tragedy because you have surveillance video showing Mr. Milo attempting to hijack the vehicle,” he said.
Levine said he does not know if the security guards are hospital staff or if they work for a third-party contractor, but Mount Sinai is the only defendant listed in the lawsuit.
About 20 minutes later, a friend showed up in an Uber to pick Milo up. Milo punched the Uber driver and forced her out of the car, police said. His friend exited the car as well, and Milo drove off the island on the Julia Tuttle Causeway, police said.
In an interview with police following his arrest, Milo told officers that he was feeling suicidal and had asked Mount Sinai staff to keep him in the hospital longer, according to a transcript of the interview provided to the Herald.
“I went back and I asked them to keep me, and they said, ‘No, you’ve got to go,’ “ Milo said, according to the transcript, later telling police that he told hospital staff, “Please help me.”
A Miami Beach police officer who responded to the carjacking said a security guard identified Milo as a “psych patient that had just been discharged,” according to the officer’s written narrative of the incident.
Levine said the lawsuit is focused on the actions of hospital security but also raises questions about Milo’s release from the hospital. The surveillance footage shows Milo walking back into the hospital after he was released for about one minute, Levine said.
“I’m interested to learn about what happened in that minute,” Levine said.
This story has been updated to reflect that Edward Milo is also facing a murder charge
This story was originally published December 16, 2021 at 5:03 PM.
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