A Florida resident has filed a lawsuit seeking damages exceeding $50,000 against three corporations for negligence and breach of duty. Walter Reed, the plaintiff, filed the complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on August 16, 2024, targeting BMCK, Inc., Parth Enterprises USA Inc., and AmGuard Insurance Company.
The lawsuit stems from an incident on July 16, 2021, when Reed was lawfully present at a property located at 1750 34th Street South in St. Petersburg, Florida. According to the complaint, Reed fell through a manhole cover in the parking lot of the premises owned and managed by BMCK and Parth Enterprises. The plaintiff alleges that both companies failed to maintain the property in a reasonably safe condition and neglected to correct or warn about dangerous conditions. Specifically, Reed accuses BMCK of failing to implement adequate policies for identifying and correcting hazards such as improperly fitted manhole covers. "Defendant BMCK breached its duties of care owed to the Plaintiff," states the complaint.
Reed also holds Parth Enterprises accountable for similar failures in maintaining safety standards on their property. The plaintiff claims that both companies had either actual or constructive knowledge of these hazardous conditions but did not take necessary actions to remedy them. As a result of this negligence, Reed sustained serious and permanent bodily injuries leading to pain and suffering, disability, mental anguish, loss of earnings, and medical expenses.
Additionally, Reed's lawsuit includes a claim against AmGuard Insurance Company for failing to accept liability under a Commercial General Liability insurance policy issued to Parth Enterprises. The policy included Medical Payments Coverage meant to cover reasonable expenses for first aid and necessary medical services due to injuries sustained on the insured premises. Despite timely reporting these expenses following his injury on July 16, 2021, AmGuard allegedly failed to tender the full policy limit.
In his filing, Reed seeks judgment for all damages against BMCK and Parth Enterprises exceeding $50,000 each along with taxable costs. Against AmGuard Insurance Company, he demands damages not exceeding $50,000 plus reasonable attorneys' fees and costs incurred due to their failure to accept liability under the Medical Payments Coverage.
Representing Walter Reed is Rachel M. Shirk from The Injury Firm based in Fort Lauderdale. The case is being overseen by Judge Ken Burke under Case Number: 24-003682-CI.