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Local business owner sues multiple contractors over carbon monoxide poisoning incident

FLORIDA RECORD

Monday, November 25, 2024

Local business owner sues multiple contractors over carbon monoxide poisoning incident

State Court
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A local business owner is taking legal action against multiple entities following a severe incident involving carbon monoxide poisoning. Wyatt Derrick filed a complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on June 2, 2024, naming Moxie Hair Salon, TruChamp LLC, Kings Construction and Management LLC, and Regency Centers as defendants.

According to the complaint, Derrick owns "The Juice Stop," a juice bar located adjacent to Moxie Hair Salon in Jupiter, Florida. On March 4, 2024, construction workers from Kings Construction and TruChamp LLC were renovating Moxie Hair Salon using a gasoline-powered tile saw indoors without proper ventilation. The lack of ventilation led to two construction workers suffering from carbon monoxide poisoning and being rushed to St. Mary’s Trauma Center. Derrick also suffered from carbon monoxide poisoning due to his proximity to the renovation site and was taken to St. Mary’s for emergency treatment.

Derrick's condition was severe; he was placed in a hyperbaric oxygen chamber due to abnormal blood gases. Subsequent medical evaluations revealed that Derrick had an abnormal pulmonary function test two weeks later and developed traumatic asthma within four weeks of the incident. He now relies on corticosteroids and a rescue inhaler for his condition. Derrick believes his pulmonary injuries are permanent and has cited an OSHA investigation into the matter.

The lawsuit accuses Moxie Hair Salon of negligence for allowing unlicensed and unpermitted work that created dangerous conditions. The complaint states that as the owner of the establishment undergoing renovation, Moxie had a duty to ensure reputable contractors were hired and proper permits were obtained.

TruChamp LLC is also accused of negligence as they were responsible for overseeing the construction project. The complaint alleges that TruChamp failed to comply with local, county, state, and federal permitting and safety regulations.

Kings Construction faces similar accusations of negligence for their role in performing construction work at the site without adhering to necessary safety guidelines.

Lastly, Regency Centers is named in the lawsuit as they own the shopping mall where both The Juice Stop and Moxie Hair Salon are located. According to Derrick's complaint, Regency Centers had a duty to ensure all construction activities within their property were conducted safely and legally but failed to do so.

Derrick seeks judgment against all defendants for damages resulting from their alleged negligence. He demands compensation exceeding $50,000 exclusive of interest, costs, and attorney’s fees.

Representing Derrick is Robert I. Rubin Esq., who filed this case under Case Number: 502024CA005120XXXAMB Div: AF before Judge Joseph Abruzzo in Palm Beach County Circuit Court.

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