A recent court filing has brought to light a negligence case that could have significant implications for businesses and their duty of care towards customers. On July 22, 2024, Herfaunie Fumervil filed a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Presidente Supermarket No. 58, Inc.
According to the complaint, on January 20, 2024, Fumervil was walking through the premises of Presidente Supermarket located at 2505 N Dixie Highway in Lake Worth when she slipped on a slippery substance and fell. The plaintiff asserts that she was an invitee on the property and conducted herself in a reasonable manner for her own safety. However, she claims that Presidente Supermarket failed to maintain its premises in a safe condition, did not inspect for dangerous conditions adequately, and neglected to warn patrons about potential hazards.
The lawsuit alleges that Presidente Supermarket knew or should have known about the slippery substance but failed to remedy the situation or provide adequate warning. The plaintiff contends that this negligence directly resulted in her injuries. Specifically, the complaint states: "The Defendant negligently and carelessly maintained its premises; inspected its premises; controlled its premises so that it was unsafe." Furthermore, it accuses Presidente Supermarket of representing the area as safe when it was not.
As a result of this alleged negligence, Fumervil claims to have suffered significant harm including disability, disfigurement, pain and suffering, mental anguish, loss of capacity for enjoyment of life, loss of income and earning capacity, as well as medical expenses. She argues these losses are either permanent or continuing and will affect her future.
In terms of relief sought from the court, Fumervil is demanding judgment against Presidente Supermarket in excess of $50,000 exclusive of interest and costs. Additionally, she has requested any other relief deemed reasonable by the court. The plaintiff also demands a trial by jury for all triable issues.
Representing Herfaunie Fumervil is Ian Bressler from Ian Bressler Law P.A., based in Lake Worth.
The case has been assigned Case Number 502024CA006835XXXAMB Div: AN.