A recent court filing reveals a gripping case of alleged negligence involving a trip and fall incident at a popular retail store. The complaint, filed by Lisa Melluso and Salvatore Melluso in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on September 16, 2024, names Sembler Family Partnership #47, LTD., Kohl’s Inc., and Divisions Inc. as defendants.
According to the complaint, Lisa Melluso suffered significant injuries after tripping on an uneven sidewalk outside a Kohl’s store located at 4820 Park Street N., Seminole, Florida on June 20, 2023. The plaintiffs argue that all three defendants had a duty to maintain the sidewalk in a safe condition but failed to do so. The lawsuit claims that Sembler Family Partnership #47, as the title owner of the property, along with Kohl’s Inc., the commercial tenant responsible for day-to-day operations including maintenance of the sidewalk, and Divisions Inc., contracted for maintenance services by Kohl’s, were negligent in their responsibilities.
The complaint details multiple breaches of duty by each defendant. For instance, it alleges that Sembler Family Partnership #47 failed to inspect or adequately maintain the sidewalk and did not warn Ms. Melluso about its hazardous condition. Similarly, Kohl’s is accused of neglecting its duty to ensure the safety of its premises for business invitees like Ms. Melluso. Divisions Inc., which was hired to manage sidewalk maintenance among other tasks, is also charged with failing to correct or even identify the dangerous condition that led to Ms. Melluso's fall.
The plaintiffs are seeking damages exceeding $50,000 from each defendant for bodily injury and loss of consortium. They claim that Ms. Melluso has suffered permanent injuries resulting in pain and suffering, disability, disfigurement, mental anguish, and loss of capacity for enjoyment of life among other damages. Her husband Salvatore Melluso is also seeking compensation for loss of consortium due to his wife's inability to perform her usual duties as a spouse.
Represented by attorneys James A. Wardell and Blake A. Fromang from Wardell Law Firm P.A., the plaintiffs demand judgment against all defendants and request a trial by jury on all issues triable by right.