The family of a resident of the Spanish Lakes Fairways retirement community in Fort Pierce is suing the development’s owner for wrongful death after their mother was attacked and drowned by an alligator last year.
The estate of Gloria Serge filed the lawsuit on Jan. 25 in the 19th Judicial Circuit Court in St. Lucie County, alleging that the owner and operator of the senior housing complex, Wynne Building Corp., was responsible for the events leading up to her death. Gloria Serge’s five children are seeking damages of more than $50,000.
“On or about Feb. 20, 2023, Gloria Serge was walking her dog near the retention pond behind her home within the Spanish Lakes Fairways development when she was attacked by a large, nuisance alligator,” the lawsuit states. “The alligator grabbed Ms. Serge by the foot and dragged her into the pond where it disfigured her body and drowned her. Ms. Serge died as a result of this violent attack.”
The complaint also alleges that company employees and residents were allowed to feed wildlife, including alligators, in the bond, thereby socializing the reptiles to human contact while “downplaying the danger that these animals posed to residents,” the complaint says. Residents were also provided benches to sit on the pond’s banks, but no signs were installed in the area to warn residents about alligator dangers, according to the lawsuit.
“The defendant knew, or should have known, that the retention pond located directly behind Ms. Serge’s residence contained multiple large, dangerous alligators that meet the definition of a nuisance under Florida law,” the complaint states.
But Wynne Building Corp.’s president, Joel Wynne, said residents of the complex, including Gloria Serge, were aware of potential alligator dangers.
“We certainly understand the tragedy and the feelings of Mrs. Serge’s family,” Wynne said in a statement emailed to the Florida Record. “However, we developed Spanish Lakes Fairways 37 years ago. We have approximately 3,000 residents. This is the very first time where a resident was attacked by an alligator. Mrs. Serge was a longtime resident and certainly knew of the presence of alligators and that they were inherently dangerous animals.”
Gary Lesser, the attorney representing William Serge and the other Serge siblings, pointed out that company policies barring dog walking along streets forced residents to walk their dogs near the pond, where alligators were present.
“This was preventable in so many different ways,” Lesser told the Record. “It was like a perfect storm of events that Spanish Lakes is responsible for.”
The housing development is laid out in such a way that homes are owned by residents, but the land each home is located on is owned by the defendant, according to the lawsuit. The company also owns or manages the development’s common areas.
“It’s really a total abdication of responsibility,” Lesser said of Wynne’s position. “They were the people who knew the alligator was there and that staff were feeding the alligator.”
A phone call to the Florida Fish and Wildlife Conservation Commission about nuisance alligators in one of the development’s ponds could have resulted in the trapping and removal of the reptiles, he said. The defendant failed its duty to safeguard residents by failing to do so, according to the lawsuit.
The plaintiffs are seeking a jury trial as well as damages for lost companionship, mental pain and suffering, and economic losses resulting from medical and funeral expenses.