A Palm Beach County resident has filed a lawsuit against multiple entities for negligence after suffering injuries from stepping into a pothole in a poorly maintained parking lot. The complaint, filed by Theodor Fries on September 9, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, names Catayu Properties, LLC; Catayu Group Management, Inc.; and Plush Pony, Inc., doing business as Plush Pony Lounge, as defendants.
According to the court documents, Theodor Fries was a customer at the Plush Pony Lounge located at 2028 S. Military Trail in West Palm Beach on the evening of September 11, 2020. After leaving the lounge and walking through the adjoining parking lot owned and managed by Catayu Properties and Catayu Group Management respectively, Fries unexpectedly stepped into a water-filled pothole due to poor lighting conditions and accumulated rainwater. This incident caused him to fall onto the hard asphalt surface.
The plaintiff asserts that the strip shopping center and its parking lot were built in 1975 and have since been exposed to extreme weather conditions typical of South Florida. These conditions contributed to the deterioration of the asphalt surface over time. Despite this knowledge, Fries claims that all three defendants failed to maintain or repair the hazardous potholes adequately.
Fries accuses Catayu Properties of several counts of negligence including failing to repair potholes timely, maintaining dangerous conditions in areas frequented by customers, not providing adequate lighting or warnings about these hazards, and neglecting regular inspections. Similar accusations are leveled against Catayu Group Management for their role in managing and maintaining the property.
Additionally, Plush Pony is accused of failing to ensure safe ingress and egress for its patrons by not addressing known hazards like potholes in front of their establishment. The complaint emphasizes that these dangerous conditions existed long enough for all defendants to be aware or should have been aware of them before Fries' accident.
As a result of these alleged negligent actions by all three defendants, Fries claims he suffered significant bodily injury leading to pain and suffering, disability, disfigurement, mental anguish, medical expenses, and loss of enjoyment of life. He contends that his injuries are permanent within a reasonable degree of medical probability and will continue causing further losses.
The plaintiff seeks compensatory damages exceeding $50,000 exclusive of interest along with costs incurred due to this litigation. He also demands trial by jury for each count against every defendant named in this case.
Representing Theodor Fries is attorney Kyle A. Silverman from Cohen Norris Wolmer Ray Telepman Berkowitz & Cohen law firm based in North Palm Beach. The case has been assigned Case Number: 502024CA008572XXXAMB Div: AA.