A trip-and-fall incident has sparked a legal battle in Palm Beach County, Florida, as a resident seeks justice following an injury sustained on a commercial property. Kristen Fetzner filed a complaint against Isram Delray JV LLC and Isram Realty and Management, Inc., doing business as Isram Pinebrook, LLC, in the Circuit Court of the 15th Judicial Circuit of Florida on April 1, 2025. The lawsuit alleges negligence on the part of the defendants regarding the maintenance of their premises.
The case centers around an incident that occurred on April 11, 2023, at approximately 1:00 p.m. in the parking lot located at 4771 W. Atlantic Ave, Delray Beach. According to Fetzner's complaint, she was lawfully present as a business invitee when she experienced a trip and fall due to the pavement giving way into a small sinkhole. This incident resulted in injuries to her leg and caused her to lose balance. Fetzner claims that this dangerous condition arose because the parking lot was not properly maintained and had recently filled potholes near where she fell.
Fetzner accuses both Isram Delray JV LLC and Isram Realty and Management, Inc. of breaching their duty of care by failing to maintain the premises safely and adequately warn about any potential hazards. "Defendant owed a nondelegable duty to use reasonable care to maintain the subject premises in a reasonably safe condition," states the complaint. The plaintiff argues that the defendants either knew or should have known about the hazardous conditions present on their property.
In her pursuit of justice, Fetzner is seeking damages exceeding $50,000 for medical expenses incurred due to her injuries, mental anguish, pain and suffering, permanent injury or loss of bodily function, and loss of enjoyment of life. Additionally, she demands interest, prejudgment interest, attorney fees including costs against both defendants and requests a trial by jury for all triable issues.
Representing Kristen Fetzner is Peter A. Dyson from Dyson Law PLLC based in Boca Raton. The case has been filed under Case Number: 502025CA003076XXXAMB.