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FLORIDA RECORD

Thursday, November 14, 2024

Plaintiff alleges realty group owners' negligence after injury from falling tiles

State Court
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Lauren Burke, Domestic Violence at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

James Hurley, a business patron in Palm Beach County, Florida, has filed a lawsuit following a severe incident involving falling roof tiles. On November 6, 2024, Hurley submitted his complaint to the Circuit Court of Palm Beach County against Hector Diaz, Bertha Diaz, and Tortoise Realty Group, LLC. The lawsuit claims that these defendants failed to maintain safe premises at their property located on Dixie Highway in West Palm Beach.

According to the court documents, James Hurley was visiting the property on April 13, 2024, when he was struck by falling tiles from the building's roof. The impact rendered him unconscious and resulted in various injuries. The complaint alleges that the defendants were aware of the hazardous condition of the roof but neglected to address it or warn visitors. "There were no signs displayed to warn the business invitees of any roof defects," states the filing. Moreover, Hurley points out that another visitor had previously reported nearly being hit by falling debris but no corrective actions were taken by the defendants.

The lawsuit accuses Hector Diaz and Bertha Diaz of breaching their duty to maintain a safe environment for patrons and failing to provide adequate warnings about potential dangers. It asserts that they should have known about the faulty roof condition due to its prolonged existence and previous complaints. Similarly, Tortoise Realty Group is charged with neglecting its responsibilities as property managers by not ensuring regular maintenance and inspections of the premises.

Hurley's legal action seeks damages for bodily injury and related suffering such as pain, mental anguish, medical expenses, loss of earnings capacity, and other losses which are described as either permanent or ongoing. He demands a jury trial for judgment against all defendants involved.

Representing James Hurley is Rosy Aponte from The Felicetti Law Firm based in Coral Gables, Florida. The Case Number: 502024CA010593XXXAMB.

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