In Court Filings, HOA Doesn’t Dispute That Video Exists, Shows Incident
DELRAY BEACH, FL (BocaNewsNow.com) — A “Pure Bill Of Discovery” filed against the homeowner’s association of “The Bridges” claims the HOA’s management company possesses video of a slip and fall in the community’s clubhouse that led to significant injuries. The HOA refuses to release the video to the injured person or his attorney.
“The Bridges” is the older of the newer G.L Homes gated communities on Lyons Road between Atlantic Avenue and Clint Moore Road.
According to what is known as a “Petition For Pure Bill Of Discovery” filed in Palm Beach County Circuit Court, the victim and his attorney are demanding that the Bridges HOA turn over the video so they can fully investigate what happened, determine who is to blame, and potentially file an injury lawsuit.
From the petition:
“On or about January 27th, 2020, petitioner (Ronny Simmons) was a business invitee at The Bridges Homeowners Association’s community clubhouse, located at or about 8576 Golden Gate Avenue in Delray Beach. At this time and place, improper condition of the floor, negligent maintenance of the floor, and/or foreign substance on the floor, caused Petitioner to slip and fall to the ground. As a result, Petitioner sustained serious and permanent injuries.”
“Respondent, The Bridges Homeowners Association, has video recordings showing (1) what happened before Petitioner fell, (2) Petitioner falling, and (3) what happened after Petitioner Fell.”
“Petitioner asked Respondent, The Bridges Homeowners Association, for a complete copy of the videos from the day in question but it refuses to give them to Petitioner.”
Attorneys for The Bridges HOA, in a separate “motion to dismiss” reviewed by BocaNewsNow.com, do not dispute the existence of the video. Instead, they argue that the request is legally improper and must be handled differently. It was not immediately clear what the video shows that apparently so concerns the HOA that it would rather pay attorneys to fight its release than dispute what happened in court, or engage in settlement discussions with the injured person.
The lawsuit also names “Lucy’s Cleaning Service” of Lake Worth as a defendant. Lucy’s was allegedly responsible for cleaning the floor in question.
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