In a tragic case that has brought attention to the responsibilities of property management, a wrongful death lawsuit has been filed against multiple parties in Pinellas County, Florida. On January 9, 2025, Karen and Kevin Kingswell submitted a complaint to the Circuit Court of the Sixth Judicial Circuit in Pinellas County against A. Ryan Lahuti as trustee for L A H Revocable Living Trust, Imperial Estates Realty, Inc., and Fenix & Company, Inc. The lawsuit arises from the untimely death of their minor child, C.R.J-K., who drowned due to alleged negligence at a rental property.
The Kingswells allege that on January 11, 2023, their child accessed an unsecured backyard pool at their residence in St. Petersburg due to a missing or damaged door. They claim this resulted in the child's tragic drowning. According to the complaint, "the aforesaid death was due solely and wholly because of the negligent manner that the Defendants... owned, operated, maintained, managed, and/or controlled Defendants’ property." The plaintiffs assert that these failures breached duties owed under Florida's Wrongful Death Act (§ 768.16 through 768.26) and are seeking damages exceeding $50,000.
Karen and Kevin Kingswell were appointed as personal representatives of their child's estate by the Probate Court of Pinellas County on July 12, 2023. As surviving parents and sole beneficiaries of this action, they argue that each defendant failed in various capacities: maintaining safe premises; warning about known dangers; correcting hazardous conditions; and complying with residential pool safety laws. They accuse Imperial Estates Realty and Fenix & Company of failing to provide a safe environment for tenants by not repairing or authorizing repairs necessary after storm damage.
The plaintiffs seek comprehensive damages under Florida’s Wrongful Death Act for loss of companionship and services from their deceased child for the remainder of their lives. They also request compensation for mental anguish suffered due to this preventable tragedy alongside medical and funeral expenses incurred from C.R.J-K.'s hospitalization and subsequent passing.
Representing Karen and Kevin Kingswell is attorney Lauren M. Pcholinski from Morgan & Morgan Tampa P.A., while Judge Ken Burke oversees this case under Case Number: 25-000100-CI.