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Woman sues, says she lost her thumb thanks to lousy garage door

FLORIDA RECORD

Saturday, November 23, 2024

Woman sues, says she lost her thumb thanks to lousy garage door

State Court
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TAMPA — A woman is suing an overhead door company for negligence and damages after having her thumb amputated while closing the door manually. 

Plaintiff Joanne Ebhardt filed a complaint on May 4, 2021 against Banko Overhead Doors, Inc. and is suing the company for damages of more than $30,000, exclusive of interest and cost, that occurred to Ebhardt's garage door. 

According to the claim, Ebhardt was a resident of a condominium in Pasco County, Florida, that included a garage and motorized garage door on a vertical tract that opened in a "roll up" fashion. On Dec. 30, 2020, Ebhardt alleges that Banko Overhead Doors, after performing "appropriate service" to the garage door which was returned to "normal and safe operating condition" according to the technician, Ebhardt asked the employee to inspect the remainder of the door and its mechanical components, at which time the technician refused. 

Ebhardt alleges that the repairs done "were deficient and negligently performed" including insecure spring pad fastening in the interior, unaligned tracking and track set for wrong size door, wrong sized jamb brackets and an unreplaced hinge. Ebhardt stated she raised the door via electronic switch and several parts fell, causing the door to become stuck and unable to close electronically. Ebhardt alleges she then attempted closing the door manually, at which time her thumb was amputated. Ebhardt then hired another company to fix the door in which "multiple deficiencies and defects in the repairs performed" were found. 

Ebhardt demands judgment against Banko for damages, costs, interest, other relief and a trial by jury. Ebhardt is represented by Morgan L. Gaynor. 

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