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FLORIDA RECORD

Friday, September 20, 2024

Plaintiff Alleges Negligence Against Property Management Company Over Dangerous Walkway

State Court
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A recent court filing reveals a lawsuit involving a serious injury allegedly caused by negligence at a residential property. Barbara Gelb filed the complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on August 1, 2024, against Campbell Property Management and Real Estate, Inc., Regency at Avenir Neighborhood Association, Inc., and Toll Bros., Inc.

The case revolves around an incident that occurred on May 22, 2024. According to the complaint, Gelb was walking her dog on the premises located at 9878 Regency Way in Palm Beach Gardens when she tripped and fell due to a missing portion of the common walkway. The plaintiff asserts that there were no warning or caution signs indicating the hazard. Gelb claims that as a business invitee lawfully on the premises, she was owed a duty of care by the defendants to ensure her safety. She accuses them of failing to maintain the property adequately and allowing dangerous conditions to exist.

Gelb's complaint outlines multiple allegations against each defendant. She contends that Campbell Property Management and Real Estate, Inc., along with Regency at Avenir Neighborhood Association, Inc., owned, operated, managed, controlled, maintained, and/or possessed the real property where the incident occurred. Toll Bros., Inc. is accused of developing and performing construction work on the premises. The plaintiff argues that all three defendants had non-delegable duties to provide a safe environment and failed in various ways: from not maintaining proper lighting to neglecting necessary inspections.

"At said time and place," reads one part of the complaint against Campbell Property Management and Real Estate, Inc., "Defendant owed a duty of reasonable care to Plaintiff to conform to recognized standards of care with respect to design, installation, and construction of walkways." The complaint further details how these alleged failures led directly to Gelb's fall and subsequent injuries.

As a result of this incident, Gelb claims she sustained severe bodily injuries that are permanent in nature. These injuries have led to significant pain and suffering—both physical and mental—disability, disfigurement, mental anguish, inconvenience, loss of capacity for enjoyment of life, medical expenses for hospitalization and treatment, loss of earnings both past and future potential earnings.

In her lawsuit, Gelb seeks damages exceeding $50,000 exclusive of costs interest attorneys' fees from each defendant separately plus any other relief deemed just by court jury trial demanded all issues triable requested relief types include compensatory damages punitive damages equitable relief specific performance declaratory judgment injunctions among others depending circumstances case progresses through legal system

Representing Barbara Gelb is Maxwell E. Murray from Morgan & Morgan law firm based out Plantation Florida.

The Case ID number is 502024CA007281 XXXAMB Div AN

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