CLEARWATER — A business tenant is suing Clearwater property owners and operators, alleging negligence in allowing an elevator to lack maintenance, causing a danger to invitees.

Donald Smith filed a complaint March 16 in Pinellas County Circuit Court against National Properties Trust, Inc., KOS Corp., and Andros Corporation, alleging the defendants failed to maintain the elevator and ensure that it was working at all times for its business invitees and lessees.

According to the complaint, on Oct. 18, 2017, Smith was renting a commercial suite in the defendants' property at 2451 N. McMullen Booth Road, Clearwater. The suit says Smith entered the elevator inside the premises when it engaged violent slippages. Smith alleges the elevator repeatedly dropped, slamming and knocking him to the floor of the elevator. 

As a result, Smith says, he sustained bodily injuries, suffered physical handicap and incurred expense of hospitalization, and medical and nursing care and treatment. 

The plaintiff alleges the defendants failed to maintain the elevator in a safe and functional condition, and negligently allowed the elevator to lack maintenance to ensure it was safe and functional.

Smith seeks trial by jury, damages in excess of $15,000 exclusive of the court costs and fees. He is represented by attorneys Eric C. Pinkard and Dennis A. Creed, III of Creed & Pinkard in Tampa.

Pinellas County Circuit Court case number 18CA001659

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6th Judicial Circuit of Florida - Pinellas County




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