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Plaintiff injured patron sues shopping plaza operators for negligence

FLORIDA RECORD

Wednesday, January 1, 2025

Plaintiff injured patron sues shopping plaza operators for negligence

State Court
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15th Judicial Circuit of Florida | Official Website

A catastrophic accident at a shopping plaza has led to a lawsuit that highlights the responsibilities of property owners in ensuring public safety. Edward James Fleming, Jr. filed a complaint on December 19, 2024, in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, against IVT PGA Plaza Palm Beach Gardens 1031, LLC; InvenTrust Property Management, LLC; and Hanna M. Moser. The case revolves around an incident where Fleming suffered severe injuries after being struck by a vehicle while seated on a bench at the PGA Plaza.

According to the complaint, Edward James Fleming, Jr., a resident of Palm Beach Gardens, was visiting PGA Plaza as an invitee when he was hit by a car driven by Paul Cocozza on January 25, 2024. The vehicle lost control and crashed into the pedestrian area where Fleming was seated outside a Verizon store. The impact resulted in multiple fractures and traumatic brain injuries for Fleming, necessitating extensive medical treatment and rehabilitation.

Fleming's lawsuit accuses the defendants of negligence for failing to maintain safe conditions at the plaza. The complaint alleges that the defendants had prior knowledge of similar incidents due to over 445 crash reports from 2010 to 2024 but failed to take appropriate measures to prevent such accidents. "The foreseeability of this tragic incident was actually and/or constructively known," states the complaint. It further criticizes the lack of protective barriers like bollards in front of pedestrian areas despite their installation elsewhere on the property.

The plaintiff seeks damages exceeding $50,000 for his injuries and ongoing medical expenses estimated at over $3.5 million. He argues that his injuries are permanent and life-altering, requiring continuous care. The lawsuit demands judgment against all defendants for their alleged failure to ensure safety through proper maintenance and warnings about potential hazards.

Representing Edward James Fleming Jr., attorney details were not provided in the document. The Case ID is: 502024CA011996XXXAMB Div: AF.

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