Claims No One Ever Told Him Not To Ride Under The Open Arm.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — A man riding his bicycle under an “open” parking gate at what was known as the Boca Resort and Club was hit by the gate when it closed.
He is now suing the resort, claiming that it didn’t maintain the gate that he drove under.
From the lawsuit filed by attorneys for David Whipple:
“On or about October 5, 2020 as the Plaintiff and his wife were riding their bicycles on the Defendant’s property and were headed to the Member’s Services Lounge, they observed the gate barrier arm in the steady upright position and had observed it in that position on several prior occasions.”
“The Plaintiff’s wife proceeded to ride through the access way toward Member’s Services and the Plaintiff followed directly behind her as they had done in the past, when suddenly and without warning the barrier arm came down and struck him causing him to fall off of his bicycle.”
“At no time prior to October 5, 2020 did Defendant warn or attempt to discourage the Plaintiff and the other resort members and guests from riding their bicycles through the access lane while the gate arm was in the elevated or “up” position.”
“At no time material hereto were any signs posted warning or discouraging persons like Plaintiff and other resort member and/or guests against the danger posed by accessing parking lot while the gate arm was in the “up” position and/or at any other time and/or while riding a bicycle upon the Defendant’s premises.”
The lawsuit claims “Boca Owner, LLC” — which owned The Boca Resort at the time — is responsible for the gate closing on Mr. Whipple. The resort is now known as “The Boca Raton.” It’s unclear if ownership interests in “Boca Owner” have any involvement in the current operation. The Boca Resort became “The Boca Raton” earlier this year in a controversial marketing move.
Mr. Whipple, according to the suit, suffered bodily injury and pain and suffering. He seeks in excess of $30,000. He is represented by Attorney Robert A. Selig of Boca Raton.
