A shocking incident at a condominium parking lot has led to a significant legal battle. Kathryn Powell filed a complaint against Munyan Painting and Restoration of Florida, LLC in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on September 13, 2024.
The lawsuit centers around an event that occurred on October 6, 2021, when Powell was moving a potted plant by hand in the parking lot of her condominium located at 174 116th Avenue, Treasure Island, Florida. According to the complaint, an employee of Munyan Painting and Restoration was performing services in the same parking lot when he allegedly grabbed the potted plant from Powell without warning. This sudden action caused Powell to fall and suffer severe and permanent injuries.
Powell's attorneys argue that Munyan Painting and Restoration is vicariously liable for the negligent acts of its employee under the doctrine of respondeat superior. The complaint states that Munyan had a duty to perform its services in a reasonably safe manner to protect individuals on the premises. "Munyan breached its duty owed to Kathryn Powell by the negligent acts of its employee," reads one part of the filing.
As a result of this incident, Powell claims she has sustained grievous injuries leading to physical and mental pain and suffering, loss of earnings or impairment of earning capacity, disfigurement, and permanent aggravation of pre-existing conditions. She also incurred substantial medical bills due to these injuries. The plaintiff is seeking damages exceeding $50,000 plus costs and has demanded a trial by jury on all issues so triable as a matter of right.
The case is being handled by Jack Bernstein P.A., with Brian L. Elstein serving as Powell's attorney. The document does not list any attorneys representing Munyan Painting and Restoration at this time. The case number is 24-004122-CI.