A business invitee has filed a lawsuit against a property owner for negligence after suffering injuries from tripping on rebar at the defendant's premises. Gerard Donaghy filed the complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on July 30, 2024, against Cross County Owner, LLC.
According to the complaint, Donaghy was lawfully on the premises of Cross County Owner, LLC located at 4348 Okeechobee Blvd., West Palm Beach, Florida, as a business invitee on June 22, 2024. The plaintiff alleges that while walking on the pathways maintained by the defendant, he tripped over rebar sticking out of the ground. This incident caused him significant bodily injuries including pain and suffering, disability, disfigurement, permanent scarring, mental anguish, and loss of enjoyment of life. Additionally, Donaghy claims to have incurred expenses related to hospitalization and medical care and asserts that his ability to earn money has been compromised due to these injuries.
The complaint further details how Cross County Owner, LLC had a duty to maintain its premises in a reasonably safe condition for visitors. It accuses the defendant of several acts of negligence including failing to maintain or adequately maintain paths and walkways; allowing hazardous conditions such as uneven surfaces and protruding rebar; failing to warn visitors about these dangers; and not correcting known dangerous conditions despite having sufficient time and knowledge to do so. "CROSS COUNTY knew or in the exercise of reasonable care should have known of the existence of the dangerous condition," states one part of the complaint.
Donaghy is seeking damages exceeding $50,000 exclusive of costs and interest. He demands judgment for this amount plus interest and costs incurred due to his injuries. Furthermore, he requests a trial by jury for all issues so triable.
Representing Gerard Donaghy is attorney Daniel A Chehouri from Morgan & Morgan law firm based in Plantation, FL.
The Case Number is: 502024CA007168XXXAMB Div: AN.