BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — A woman was critically injured when she tripped and fell on broken asphalt in the parking lot of Boca Raton’s Town Center, according to a lawsuit just filed in circuit court.
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The lawsuit claims Lisa DeGiovine was walking towards Macy’s on May 31, 2020, when “she tripped and fell as a result of dilapidated and broken asphalt” in the parking garage outside Macy’s.
Simon Property Group, which owns the mall, failed in its duty to warn the public about the dangers of the allegedly broken or damaged flooring.
“SPG (Simon Property Group) knew or in the exercise of reasonable care should have known of the existence of the dangerous condition and should have taken action to remedy it; and / or the dangerous condition had existed for a sufficient length of time that, in the exercise of ordinary care, SPG knew or should have known of the condition and should have taken action to remedy it; and / or the dangerous condition occurred with regularity that it was foreseeable to SPG and SPG should have taken action to remedy it. As a direct and proximate result of the negligence of SPG, Plaintiff tripped and fell while walking through the parking lot and suffered bodily injuries in and about her body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.”
The suit seeks in excess of $30,000 which is the statutory minimum for filing in circuit court. There was no immediate response filed by Simon Property Group.
