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Local Resident Sues Gym Operators Over Negligence After Injury

FLORIDA RECORD

Wednesday, December 18, 2024

Local Resident Sues Gym Operators Over Negligence After Injury

State Court
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15th Judicial Circuit of Florida | Official Website

A recent lawsuit has emerged from Palm Beach County, Florida, where a resident is seeking justice after a traumatic incident at a local gym. Mary Messina filed the complaint in the Circuit Court of the 15th Judicial Circuit on December 3, 2024, targeting BVF-V Sophia, LLC, doing business as The Sophia at Abacoa, and Berkshire Communities, LLC.

The case revolves around an unfortunate event that occurred on August 30, 2024. On this day, Mary Messina was exercising at the gym located at 863 University Blvd., Jupiter, Florida. According to the complaint, while using a weight bench that she had properly secured, it unexpectedly collapsed. This malfunction resulted in Messina's finger being caught and caused her permanent bodily injury. The plaintiff alleges negligence on part of both defendants who own and operate the premises where the incident took place.

Messina accuses The Sophia and Berkshire Communities of failing to maintain their property in a safe condition. She argues that they neglected their duty by allowing hazardous conditions to exist which were foreseeable risks to patrons like herself. Specifically cited are failures to inspect or correct dangerous conditions and to warn guests about potential dangers. "The Defendant breached its duty," states the complaint, highlighting lapses such as not maintaining equipment safely or adequately inspecting facilities for hazards.

The lawsuit outlines significant impacts on Messina’s life due to her injuries—ranging from physical pain and mental anguish to loss of wages and diminished earning capacity. These damages are described as either permanent or ongoing with expectations of continued suffering into the future.

In terms of legal relief sought from the court, Messina demands compensatory damages exceeding $50,000 along with incidental costs and post-judgment interest. Her filing emphasizes not only compensation for her current losses but also seeks accountability for future implications stemming from her injuries.

Representing Mary Messina is attorney Andres Hermida from Morgan & Morgan law firm based in Miami. The case will be presided over by judges within Palm Beach County’s judicial system under Case ID: 502024CA011422XXXAMB Div: AN.

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