A local resident is seeking justice after a fall in a Clearwater parking lot left her with severe injuries. Linda Hamilton filed a complaint against Douglas C. Smith in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, on August 26, 2024.
The lawsuit stems from an incident that occurred on February 25, 2021, when Hamilton visited a medical clinic located at 2 N Belcher Rd., Clearwater. According to the complaint, Hamilton tripped over an unmarked speed bump in the newly paved parking lot owned and managed by Smith. The plaintiff asserts that Smith failed to maintain the premises safely and did not provide adequate warnings about the hazardous condition.
Hamilton's legal team argues that Smith had a duty to ensure the safety of visitors to his property. The complaint states, "Defendant owed Plaintiff duties to maintain its premises in a reasonably safe condition and to warn Plaintiff of dangerous conditions." It further alleges that Smith neglected these responsibilities by failing to mark or repair the speed bump, which led directly to Hamilton's fall and subsequent injuries.
The injuries sustained by Hamilton are described as severe and life-altering. The complaint details various forms of suffering, including "pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish," among others. These injuries have resulted in substantial medical expenses and loss of earnings for Hamilton.
In her lawsuit, Hamilton seeks damages exceeding $50,000. She is asking for compensation for her physical injuries as well as emotional distress and financial losses incurred due to the incident. The plaintiff also demands a jury trial to determine the actual value of her claim.
Representing Linda Hamilton is Lauren M. Pcholinski from Morgan & Morgan Tampa P.A., while the case will be heard under Case Number: 24-003822-ClI.