DELRAY BEACH, FL (BocaNewsNow.com) — (BocaNewsNow.com) — The death of Jarrett Berman is sad, but not the fault of G.L. Homes. That’s the position of G.L.’s attorneys filing a “motion to dismiss” in Palm Beach County Circuit Court.
“While the circumstances here are certainly unfortunate,” writes a G.L. Homes attorney in the filing, “G.L. Homes and 441 Acquisition did not fail in any statutory duty. G.L. Homes and 441 Acquisition were not required to have a defibrillator or trained emergency staff at Dakota.”
Jarrett Berman, 47, died in the Dakota clubhouse of a cardiac event while working out on June 12th, 2019. Attorneys representing his estate argue that G.L. Homes should have known that it would take Palm Beach County Fire Rescue an extended period of time to arrive at, enter and navigate the under construction community during any emergency. The wrongful death lawsuit argues that G.L., which ran the clubhouse at the time of Berman’s death, had a responsibility to provide lifesaving equipment to homeowners.
Amazon sells Defibrillators for $1300.
G.L. sells homes in Dakota for between $600,000 and $1.2M.
Dakota, one of several high-end new communities being built by G.L. Homes on Lyons Road north of Clint Moore, did not have a defibrillator in the clubhouse. Public records confirm that a G.L. Homes representative served as president of the builder-controlled HOA at the time of Berman’s death.
“Defendants knew, or should have known, that Dakota was located a substantial distance away from the nearest Fire Rescue station and that in the event of emergency it would take an unusually long period of time to respond to the development,” wrote attorneys representing Berman’s estate in the initial filing.
“Defendants did not have any life-saving equipment on the subject premises.”
The lawsuit names G.L. Homes, Dakota Homeowners Association and 441 Acquisition LLC as defendants. All — assuming public records are accurate — are connected to G.L. Homes. The suit also names GRS Management Associates, a Lake Worth property management firm.
Berman left behind three young daughters and his wife.
Read the motion to dismiss, below.