DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A woman walking in Lake Ida West Park allegedly stepped in a hole in the ground, sustained an injury, and is now suing Palm Beach County in Palm Beach County Circuit Court where the statutory minimum for a claim is $50,000. The suit was just filed and obtained by BocaNewsNow.com.
In the suit, Paulette Fellner, 77, says she stepped in a hole that was covered by grass. Her attorney argues that Palm Beach County should have both known there was a hole in the ground covered by grass and done something to either fill it in or mark it. Here are key excerpts from the complaint:
“At all times material hereto, Defendant, PALM BEACH COUNTY, owned, operated, managed, maintained, and/or controlled Lake Ida West Park, located at 1455 Lake Ida Rd, Delray Beach, in Palm Beach County (the “Subject Premises”). On April 13, 2024, Plaintiff, PAULETTE FELLNER, was a lawful invitee on the Subject Premises. 10. On April 13, 2024, Plaintiff, PAULETTE FELLNER, was walking on the Subject Premises in an area where Defendant knew, or reasonably should have known invitees, including Plaintiff, would walk, when she suddenly, and without warning, stepped into a hole in the ground that was obscured by grass growing out of it, causing her io fall hard to the ground and suffer serious and permanent injuries.
Failing to maintain the subject premises in a reasonably safe condition; and/or Negligently creating a tripping hazard; and/or Negligently failing to adequately maintain and/or repair a hole in the ground of the subject premises in an area invitees, including Plaintiff routinely walk; and/or Negligently failing to warn Plaintiff of the hazardous condition of the subject walking surface; and/or Was otherwise negligent in a manner that will be disclosed through discovery.
As a direct and proximate result of Defendant’s negligence, Plaintiff, PAULETTE FELLNER, tripped and fell and suffered bodily injury resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, the expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are either permanent or continuing and the Plaintiff will suffer these into the future.”
Paulette Fellner is represented by Attorney Talia Lewis at the Law Firm of Hirsh Kirtman Injury law in Boca Raton. Palm Beach County has not yet responded to the suit.
