In a recent court filing, Wilfrido Gomez has lodged a Complaint for Pure Bill of Discovery against 350 S. Australian Owner GP, LLC and Kast Construction IV, LLC. The complaint was filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County on May 21, 2024.
Gomez, a resident of Palm Beach County, alleges that he sustained multiple injuries during the construction and concrete pouring of one of the floors at a building located at 350 S. Australian Avenue. According to the complaint, Gomez claims that his injuries were due to negligence related to the quality, installation, and supervision of scaffolding and necessary forms prior to the concrete pouring. He asserts that despite diligent efforts to identify all responsible parties, including individuals and entities whose identities are currently unknown, he has been unable to obtain critical information necessary to pursue his claims.
The defendants named in the lawsuit include 350 S. Australian Owner GP, LLC (referred to as "Australian") and Kast Construction IV, LLC ("Kast"). Australian is identified as a corporation conducting business in West Palm Beach and is principally responsible for authoring the site plan and hiring a general contractor for erecting the building where Gomez was injured. Kast is described as a general contracting firm headquartered in Palm Beach responsible for managing the construction site and hiring subcontractors such as scaffolding companies and metal formwork companies.
The jurisdiction over this action is claimed based on Florida Statute §48.193 due to both defendants' engagement in activities within Florida. Venue is proper under Florida Statutes §§47.011 and 47.051 since both defendants operate in Palm Beach County where the cause of action accrued.
Gomez's complaint seeks equitable relief through pre-suit discovery mechanisms available under Florida law. He aims to ascertain critical information regarding potential defendants and theories of liability before filing substantive claims for negligence, negligent retention, and lack of supervision against those responsible for setting up scaffolding and formwork prior to concrete pouring at the construction site.
In his filing, Gomez emphasizes that he requires additional information about transactions between defendants and subcontractors involved in his accident but has no means other than this pure bill of discovery to obtain it. He expresses concerns that without this discovery process, vital evidence may be destroyed or withheld beyond applicable statutes of limitations which could result in irreparable injury.
The plaintiff requests that this court grant judgment requiring defendants' registered agents' depositions; responses from defendants regarding attached discovery requests; authorization for Gomez to serve third-party subpoenas; take depositions from any parties with knowledge relevant to his case including project managers working directly under Kast at 350 South Australian Avenue.
Represented by attorney Maria Abellon from Abellon P.A., West Palm Beach FL., Gomez filed this complaint seeking justice against what he perceives as gross negligence leading up-to-and-during-the-incident causing his injuries.