ALLEGATION: Simon Property Group Construction Crew Incompetence Led To Critical Injury. Wheelchair Tips Over.
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — An allegedly incompetent construction crew working near “The Container Store” at Boca Raton’s Town Center Mall illegally blocked a sidewalk, forcing a woman in a wheelchair to navigate into peril. Her wheelchair tipped over, causing serious injuries. That’s the claim of a major lawsuit just filed in Palm Beach County Circuit Court against Town Center Mall owner Simon Property Group (NYSE: SPG).
BocaNewsNow.com has learned that attorneys for Wendy Garcia, 18 years old, claim that Garcia was attempting to enter the mall on or about November 26th, 2019, when she encountered construction near the front of the mall at 6000 West Glades Road.
Here’s how attorneys for Garcia explain what allegedly happened next: “On or about November 26, 2019, Defendant SIMON was the owner and/or had exclusive control of an establishment known as Town Center at Boca Raton, a shopping mall located at 6000 West Glades Road, Boca Raton, Palm Beach County, Florida. On or about November 26, 2019, Plaintiff GARCIA was an invitee of said premises, which was owned and/or operated by Defendant SIMON, when she was seriously injured, after tipping over in her wheelchair, when she was redirected toward The Container Store pick-up location due to construction at the main front entrance to the mall.”
Attorneys allege that Simon didn’t control its crew, and did nothing to make sure passage was safe for shoppers with physical difficulties.
“On or about November 26, 2019, Defendant SIMON, owed a duty to the Plaintiff GARCIA, to use reasonable care in the following manner: to ensure that there were adequate safety measures in place for persons in wheelchairs to safely travel from the main entrance to the pick-up location for transports that was in place while construction was being done at the main entrance; to properly mark the sidewalks and/or curbing so that invitees in wheelchairs could safely travel to such location(s); to ensure proper maintenance of the entrance area so as to not create a dangerous condition or hazard; to properly establish a path for safe passage from the main entrance to the pick-up location near The Container Store, while construction was taking place at the main entrance; to ensure proper marking and/or maintenance of the path from the main entrance to the pick-up location being used during construction near The Constainer Store; to properly warn invitees of any known or hidden dangers.”
The suit alleges that Garcia was critically injured and continues to suffer from those injuries. Simon Property Group did not immediately respond to the suit through a filing with the Palm Beach County Clerk of Courts. Attorneys for Garcia are seeking in excess of $50,000 — the statutory minimum for filing in PBC Circuit Court. Garcia is represented by Crouser Law of Fort Lauderdale. Read the complaint filing below.
