Allegedly Tripped, Fell On Sidewalk Near Cut 432 Steakhouse, Claims City Caused Fall.
BY: STAFF REPORT | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — A Michigan woman is suing the City of Delray Beach after she allegedly fell outside Cut 432 Steakhouse at 432 East Atlantic Avenue. The woman claims more than $400,000 in physical damages.
According to the suit, Suzanne Malkin “was seriously injured through no fault of her own as a result of a hazardous condition caused by the City’s negligence and/or gross negligence. On February 10, 2020, (Malkin) was walking to join members of her family at a restaurant when encountered a hazard caused by the City on Atlantic Avenue in Delray Beach where she tripped and fell.”
The suit claims Malkin stepped into a “tree hole” that wasn’t marked.
From the suit: “(Malkin) stepped just off the sidewalk and tripped in a hole in the bed from which grew a tree. The sidewalk plots and trees on Atlantic Avenue are maintained by the City. In each such plot, there is a cylindrical hole that is normally covered to prevent it from being dangerous to passers-by (sic). Upon information and belief, the cylinder in each tree bed houses a watering or electrical system.”
Malkin’s attorney claims that the hole should have been covered, but was not. As a result of the fall, Malkin allegedly “broke her teeth,” sustained other injuries, and was suffered emotional and mental distresss and embarrassment.
The suit is filed by John B. Rosenquest IV of the Rosenquest Law Firm in Surfside, FL.
Read the complete filing below. If it does not appear, access here.
