A cyclist's routine ride turned into a nightmare due to alleged negligence by a bridge maintenance company. On June 14, 2024, Thomas Kimmeth filed a complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, against Florida Drawbridges, Inc.
According to the complaint, Kimmeth was riding his bicycle eastbound on the Ocean Ave / Boynton Beach drawbridge on November 11, 2023. Suddenly and without warning, his bicycle came to an abrupt stop due to a hazardous gap in the bridge's surface. This unexpected halt threw Kimmeth over his handlebars and onto the roadway, resulting in permanent injuries. The plaintiff claims that this accident was caused by Florida Drawbridges' failure to properly inspect and maintain the bridge.
The lawsuit details how Florida Drawbridges is responsible for the inspection, maintenance, observation, service, and repair of the Ocean Ave / Boynton Beach drawbridge located at 739 East Ocean Ave, Boynton Beach. The plaintiff alleges that an expansion joint on the bridge had deteriorated due to exposure to South Florida's harsh weather conditions. This deterioration created a gap slightly wider than a bicycle tire but too narrow for automobile tires. Despite being easily noticeable through basic inspection or casual observation by bridgetenders who frequently walked past it, this hazardous condition was left unaddressed.
Kimmeth’s complaint includes body camera footage from the Boynton Beach Police Department and inspections of both the drawbridge and his bicycle as evidence. These inspections revealed that the expansion joint lacked necessary expandable material or joint sealant to fill the gap adequately. As a result of this negligence, Kimmeth suffered bodily injury accompanied by pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, medical expenses, lost earnings potential, and aggravation of pre-existing conditions.
In his lawsuit against Florida Drawbridges Inc., Kimmeth seeks damages exceeding $50,000 along with taxable costs and demands a trial by jury. He asserts that these damages are not only significant but also ongoing as he continues to suffer from his injuries.
Representing Thomas Kimmeth is attorney Matthew K. Schwencke from Searcy Denney Scarola Barnhart & Shipley P.A., The case number is 502024CA005566XXXAMB.