A woman is seeking over $50,000 in damages after a fall at a well-known supermarket chain. Guadalupe Velazquez filed a complaint against Publix Super Markets, Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on September 4, 2024.
According to the complaint, Velazquez was an invitee at a Publix store located at 1295 S Missouri Ave, Clearwater, Florida on May 20, 2024. As she walked from her vehicle parked in a handicapped space towards the store entrance, her foot caught on the lip of a concrete curb surrounding an island with a light pole. The curb was reportedly protruding approximately half an inch or more from the ground. This caused Velazquez to fall and sustain serious injuries.
The lawsuit alleges that Publix Super Markets, Inc. negligently maintained its premises by allowing this hazardous condition to exist in the pedestrian walkway. The plaintiff claims that Publix had a non-delegable duty to maintain their premises in a reasonably safe condition and to warn invitees of any dangers or hazards present. Velazquez asserts that Publix breached this duty by permitting such an unsafe condition to persist.
Specifically, the complaint states that Publix either knew or should have known about the dangerous condition due to its prolonged existence. It further accuses Publix of failing to inspect and remedy the hazardous walkway and not warning customers about it. Additionally, it alleges that Publix improperly constructed and maintained the walkway in violation of code requirements and approved drawings.
As a result of this negligence, Velazquez claims she suffered various injuries including pain throughout her body and extremities, incurred medical expenses for treatment, mental anguish, physical handicap, loss of earnings and earning capacity, loss of enjoyment of life, and aggravation of pre-existing conditions. These injuries are described as permanent and continuing in nature.
Velazquez is seeking judgment against Publix Super Markets for damages exceeding $50,000 along with costs and interest. She has also requested a trial by jury for all triable issues.
The case is being handled by Tomas L. Gacio from Abrahamson & Uiterwyk Car Accident & Injury Lawyers based in Tampa, Florida.