Theresa Scorcia has filed a negligence complaint against TT of N. Royal Palm, Inc., doing business as Southern 441 Nissan, and Auto Wax of South Florida, Inc. The complaint was filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida on May 31, 2024.
According to the court documents, Theresa Scorcia alleges that she suffered severe injuries due to a hazardous condition at Southern 441 Nissan's dealership located at 9405 Southern Blvd, Royal Palm Beach, FL. On June 19, 2022, Scorcia was a customer at the dealership when she tripped over an electrical cord or cable on the floor. She claims that both Southern 441 Nissan and Auto Wax of South Florida failed in their duty to maintain a safe environment for customers.
The complaint details several allegations against Southern 441 Nissan. It asserts that the company "owed a duty of care" to Scorcia and other members of the public to ensure the premises were safe. Specific accusations include failing to remove or remedy dangerous conditions on the floor, not conducting reasonable inspections, and neglecting to warn customers about potential hazards. "At all times material hereto," states the complaint, "the Defendant breached its duty of care owed to the Plaintiff." As a result of this alleged negligence, Scorcia claims she suffered significant physical injuries and mental anguish.
Similarly, Auto Wax of South Florida is accused of failing in its responsibilities while contracted to clean the floors at Southern 441 Nissan. The plaintiff argues that Auto Wax did not take adequate steps to ensure that no dangerous conditions existed on the floor where they were working. Specific failures listed include not removing hazardous conditions like cables from walkways and not warning customers about these dangers.
Scorcia is seeking damages exceeding $50,000 for medical expenses incurred due to her injuries as well as future medical costs. She also seeks compensation for mental pain and suffering, loss of enjoyment of life, disability, disfigurement, and inconvenience. Both counts against Southern 441 Nissan and Auto Wax request trial by jury.
The case is being handled by Stephen A. Kagan from Lytal Reiter Smith Ivey & Fronrath law firm based in Fort Myers, FL. The case ID is #502024CA005082XXXAMB Div: AO.