Phyliss August has filed a negligence complaint against Valencia Bay Homeowners Association, Inc. and Lang Management Company, Inc., both Florida-based corporations. The complaint was filed in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida on May 31, 2024.
According to the court documents, Phyliss August alleges that she suffered injuries due to a malfunctioning piece of gym equipment at Valencia Bay's fitness center on January 4, 2024. The equipment reportedly had a broken metal clip that caused her to fall backward while exercising. She claims that both Valencia Bay Homeowners Association and Lang Management Company were negligent in maintaining the gym equipment and ensuring its safety for users.
The plaintiff asserts that both defendants had a duty of care to maintain their fitness center and equipment in a safe condition for residents and guests. "Defendant, Valencia owed this duty to Plaintiff, Phyliss August," the complaint states. It further alleges that Valencia Bay failed to properly inspect, repair, or replace the damaged metal clip on the gym apparatus which led to her injury.
Similarly, Lang Management Company is accused of failing to exercise ordinary care by not maintaining the gym equipment adequately. The complaint details multiple failures on part of Lang Management including failure to inspect and replace damaged parts and failure to provide a safe environment for exercising.
As a result of these alleged acts of negligence, Phyliss August claims she has suffered significant physical injuries leading to pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, and medical expenses. "The losses are either permanent or continuing in nature," states the document.
The plaintiff is seeking damages exceeding $50,001 from each defendant along with costs and post-judgment interest. She also demands a trial by jury for all issues so triable.
Representing Phyliss August is Michael A. Wasserman from the Law Offices of Craig Goldenfarb P.A., located in West Palm Beach, FL. The case has been assigned Case Number: 502024CA005080XXXAMB Div: AO.