A recent court filing reveals a dramatic legal battle unfolding in Pinellas County, Florida. The plaintiff, John Kist, has filed a complaint against Sand Dune Apartments, LLC and Lake Tarpon, LLC on July 23, 2024. Kist alleges negligence on the part of both defendants that led to severe injuries.
According to the complaint filed by John Kist in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Kist was a tenant at Sand Dune Apartments located at 8012 Blind Pass Rd., St Petersburg Beach. On November 27, 2023, while walking his dog on the property, he fell into an overgrown hole that was not discernible due to unmaintained grass. The plaintiff claims that both Sand Dune Apartments and Lake Tarpon were aware or should have been aware of this hazardous condition but failed to take appropriate action to remedy it.
The complaint details how the defendants allegedly neglected their duty of care towards maintaining safe premises for their tenants. "Defendant owed a duty to Plaintiff to exercise reasonable care in the maintenance, inspection, repair, warning and/or mode of operation of the business premises," reads one section of the filing. It goes on to accuse both companies of failing to discover and fix the dangerous condition despite having actual or constructive knowledge about it.
Kist's allegations are supported by multiple points outlining how both defendants breached their duty. These include failing to inspect and maintain the property adequately, neglecting to repair or warn about the hazardous hole covered by overgrown grass, and generally failing to act reasonably under circumstances that posed significant risks to tenants like Kist.
As a result of this alleged negligence, Kist suffered severe bodily injury leading to pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses for hospitalization and treatment, as well as aggravation of pre-existing conditions. The injuries are described as either permanent or continuing in nature.
In his suit against Sand Dune Apartments (Count I) and Lake Tarpon (Count II), Kist is seeking damages exceeding $50,000 along with costs associated with the lawsuit. He demands judgment for these damages from both defendants and requests a jury trial on all issues so triable.
Representing John Kist is Brian M. Hoag from Hoag Law Firm P.A., based in St. Petersburg. The case is presided over by Judge Ken Burke under Case Number: 24-003259-CI.