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FLORIDA RECORD

Thursday, October 17, 2024

Plaintiff alleges negligence against property owners following injury

State Court
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Joel Chavez has filed a negligence complaint against James Cohen, Harriet Cohen, and Robert Cohen. The complaint was filed on May 28, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida.

According to the court documents, Joel Chavez alleges that he suffered injuries on October 17, 2023, while visiting the defendants' property located at 691 North County Road, Palm Beach, FL. Chavez claims that he fell due to a plywood board positioned against a staircase in the basement of the property. The plaintiff asserts that this incident was caused by the negligence of James Cohen, Harriet Cohen, and Robert Cohen.

Chavez's complaint outlines several allegations against each defendant. For instance, it is stated that James Cohen failed to maintain or adequately inspect the surfaces of the staircase and doorway in the basement area of his property. This failure allegedly created a slip or trip hazard for invitees like Chavez. The complaint also mentions that James Cohen did not put up caution signs around the dangerous area and failed to correct or address the hazardous condition even though it had existed for a sufficient length of time.

Similarly, Harriet Cohen is accused of failing to maintain or inspect the basement area properly. The complaint states that she should have known about the dangerous condition posed by the transitory foreign object on the staircase but did not take adequate measures to warn Chavez or rectify the situation. Robert Cohen faces identical accusations as his co-defendants regarding his alleged negligence in maintaining safe conditions on their shared property.

The plaintiff is seeking damages exceeding $50,000 for bodily injury resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, loss of earnings and earning capacity, and aggravation of pre-existing conditions. Additionally, Chavez demands a trial by jury for all issues so triable.

Representing Joel Chavez are attorneys Jason D. Weisser and Shane A. Chernoff from Schuler Weisser Zoeller Overbeck & Baxter P.A., based in West Palm Beach. The case is being overseen by Judge Joseph Abruzzo under Case Number: 502024CA004945XXXAMB Div: AH.

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