BY: LITIGATION DESK | BocaNewsNow.com
BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Palm Beach County man critically injured while riding his bicycle on the Ocean Avenue/Boynton Beach drawbridge (739 East Ocean Avenue) is suing the company that is responsible for inspecting and maintaining the bridge. Attorneys for Thomas Kimmeth say the drawbridge was in a dangerous state of disrepair as their client rode his bike over the bridge, only for the bike to inexplicably hit something that made the bike stop with such force, Kimmeth flew over the handlebars.
This is a key section from the lawsuit just filed in Palm Beach County Circuit Court against “Florida Drawbridges, Inc.”
”On November 11, 2023, Plaintiff was riding his bicycle eastbound on the southern designated bicycle lane of the Ocean Ave / Boynton Beach drawbridge. As he was riding his bicycle it suddenly, unexpectedly, and, for no ascertainable reason, abruptly stopped in the bicycle lane. As a result, the Plaintiff was thrown over the bicycle’s handlebars and onto the roadway. The Plaintiff was permanently injured as a result. 9. Body camera footage from the Boynton Beach Police Department, inspection of the subject drawbridge and inspection of the Plaintiff’s bicycle revealed the cause of the bicycle’s sudden and unexpected stop. There is an expansion joint (oriented in a east to west manner) between the curb pour and roadway deck of the drawbridge in the direction of travel that is required to prevent damage to the road surface and bridge. This expansion joint creates a “gap” on the drawbridge’s surface. This “gap” is required to be filled with expandable material and/or joint sealant to the height of the drawbridge’s surface.
The expandable material and/or joint sealant will wither away with time as the drawbridge is constantly exposed to the South Florida sun, wind, and rain. As a result, the expandable material and/or joint sealant must be periodically inspected, maintained, observed, serviced, and repaired. At the time of this incident, the subject expansion joint was in a hazardous state of disrepair as the expandable material/joint sealant was worn out and/or missing entirely.”
The suit seeks in excess of $50,000 which is the statutory minimum for filing in Palm Beach County Circuit Court. Mr. Kimmeth is represented by Matthew Schwencke of Search Denner Scarola Barnhart and Shipley, P.A. There is no attorney of record as of June 21st for Florida Drawbridges, Inc. Read the complete lawsuit here.
