A tragic incident at a department store has led to a lawsuit that could set a precedent for retail negligence cases. Delina Lomenick, acting as the personal representative of her late mother Sylvia Osborn's estate, filed a complaint against Beall’s Inc. in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida on April 7, 2025. The case alleges negligence on the part of Beall’s Inc., claiming their failure to ensure customer safety resulted in Sylvia Osborn's untimely death.
According to the complaint, Sylvia Osborn was left inside a Beall’s department store located at 3140 Tampa Road, Oldsmar, Florida after closing hours on May 8, 2023. It is alleged that Beall’s failed to perform adequate checks to ensure no patrons remained inside before locking up for the night. As a result, Osborn spent approximately 14 hours alone and unattended within the store until she was discovered early on May 9, 2023. Tragically, she passed away later that day. The plaintiff argues that this oversight by Beall’s constitutes negligence and directly contributed to Osborn's suffering and eventual death.
The lawsuit outlines two counts: one for negligence leading to survival action and another for wrongful death under Florida’s Wrongful Death Act (Fla. Stat. §§768.16 — 768.26). Delina Lomenick asserts that as a business invitee, her mother was owed a duty of care by Beall’s Inc., which they failed to uphold by not ensuring all customers had exited before closing the store. The complaint highlights that this breach resulted in severe consequences including pain and suffering endured by Sylvia Osborn during her final hours and emotional distress suffered by her surviving family members.
Lomenick seeks damages exceeding $75,000 exclusive of costs and interest from Beall’s Inc., along with compensation for funeral expenses and loss of companionship experienced by herself and her brother David Osborn. The filing also demands a jury trial to address these claims comprehensively.
Representing Delina Lomenick is R. Timothy Vannatta from Rubenstein Law P.A., based in West Palm Beach, Florida. The case has been assigned Case Number: 25-001718-CI.