Guest alleges residence owner's negligence led to fall through deck floor

By Philip Gonzales | Jun 26, 2018

CLEARWATER — A guest is suing a St. Petersburg residence owner, alleging failure to warn and negligence.

CLEARWATER — A guest is suing a St. Petersburg residence owner, alleging failure to warn and negligence.

Michael Grooms filed a complaint June 12 in Pinellas Circuit Court against Gerry Merchant, alleging failure to maintain his property in a reasonably safe condition.

According to the complaint, on Dec. 13, 2016, Grooms was at Merchant's property, 4135 Sunrise Drive S. St. Petersburg, when he fell through a rotted-out deck floor. Grooms says he sustained bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life and hospitalization, medical care and treatment expenses. 

The plaintiff alleges Merchant failed to properly install and maintain the outdoor deck and failed to correct or provide warning of the dangerous condition.

Grooms seeks trial by jury, damages of more than $15,000 and all just and proper relief. He is represented by attorney Bruce M. Kleinberg of Jack Bernstein PA in Tampa.

Pinellas Circuit Court case number 18-C-3913

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