New Trial For Miami Heat Fan Mistaken For Bank Robber

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TALLAHASSEE (CBSMiami/AP) — The Florida Supreme Court has ordered a new trial in the bizarre case of a bank teller falsely reporting a robbery because of a customer's Miami Heat hat.

Jurors awarded Rodolfo Valladares $3.3 million for injuries received in 2008 when a police officer kicked him in the head in a case of mistaken identity.

Valladares was trying to cash a $100 check.

But the teller had been shown a photo of a bank robbery suspect that morning who was wearing a Miami Heat hat like the one Valladares wore. She panicked and hit the silent alarm.

The court's ruling on Thursday found Bank of America was negligent because an employee should have known Valladares wasn't a robber.

The court also said jurors were improperly instructed and couldn't simply approve the award.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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