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FLORIDA RECORD

Thursday, September 19, 2024

Plaintiff Alleges Negligence Against Rental Company Over Faulty Bicycle Assembly

State Court
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A woman has filed a lawsuit against a rental company, alleging negligence that led to severe injuries. Valerie Gutierrez filed the complaint in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida, on August 21, 2024, naming Rent-A-Center East, Inc., and an unknown store manager as defendants.

According to the complaint, Gutierrez claims that on April 15, 2023, she was riding an electric bicycle improperly assembled by employees at a Rent-A-Center store located at 1831 North Highland Ave., Clearwater, Florida. The front fender of the bike disengaged from the frame and lodged into the front tire, causing her to be thrown off and suffer significant injuries. "As a direct and proximate result of the negligence of Defendant," Gutierrez alleges she experienced bodily injury resulting in pain and suffering, disability, disfigurement, permanent scarring, mental anguish, loss of enjoyment of life, medical expenses, and loss of earnings.

Gutierrez's complaint includes multiple counts against Rent-A-Center and its unknown store manager. The first count accuses the unknown store manager of negligence for improperly assembling the bicycle. The second count alleges negligent hiring practices by Rent-A-Center for failing to conduct an adequate pre-employment investigation into the fitness of their employees. "A reasonable pre-employment investigation would have revealed the unsuitability of Defendant," states Gutierrez's filing.

The third count charges Rent-A-Center with negligent retention and entrustment. According to Gutierrez's complaint, even after hiring the unknown store manager, Rent-A-Center either knew or should have known about their unsuitability for overseeing equipment assembly. Finally, the fourth count accuses Rent-A-Center of negligent supervision and training. The complaint asserts that Rent-A-Center failed to properly instruct and train its employees on safely assembling equipment.

Gutierrez is seeking damages exceeding $50,000 for her injuries along with costs and prejudgment interest for any out-of-pocket expenses incurred before judgment. She demands a jury trial on all issues so triable.

The case is being handled by Blake R. Carl from Morgan & Morgan P.A., representing Valerie Gutierrez. The case number is 24-003750-CI.

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