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Homeowners' Association accused of Negligence by Injured Minor's Guardian

FLORIDA RECORD

Thursday, May 1, 2025

Homeowners' Association accused of Negligence by Injured Minor's Guardian

State Court
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15th Judicial Circuit of Florida | Official Website

Gustavo Martinez, acting as the guardian for his minor son, has filed a lawsuit against a homeowners' association in Palm Beach County, Florida. The complaint was lodged on April 9, 2025, by Gustavo Martinez in the Circuit Court of the 15th Judicial Circuit against Cypress Estates of Palm Springs Homeowners’ Association, Inc. This legal action seeks damages exceeding $50,000 due to alleged negligence that resulted in injuries to his son.

The incident at the heart of this case occurred on December 25, 2023. According to the filing, Gustavo Martinez Jr., while riding his bicycle within the community managed by Cypress Estates of Palm Springs Homeowners’ Association, encountered hazardous conditions. The complaint alleges that he lost control of his bicycle after traversing poorly maintained grounds and subsequently collided with an electrical box deemed unreasonably dangerous. These conditions are said to have been under the management and control of the defendant association.

Martinez asserts that Cypress Estates had a duty to maintain their property safely and free from hazards that could pose unreasonable risks. He claims they failed in this duty by not properly maintaining or inspecting the area where the accident occurred and not warning about these dangers. The complaint further states that these hazardous conditions were regular and ongoing issues which should have been known to the association through reasonable care.

As a result of this alleged negligence, Gustavo Martinez Jr. sustained severe injuries leading to physical pain, suffering, disability, disfigurement, mental anguish, and loss of enjoyment of life. The filing also mentions medical expenses incurred due to hospitalization and treatment needs stemming from these injuries. Furthermore, it notes potential future losses due to ongoing impacts from these injuries.

The plaintiff is seeking judgment for damages covering medical costs and other related expenses along with any additional relief deemed appropriate by the court. A jury trial has been requested for all triable issues as a matter of right.

Representing Gustavo Martinez is Gary B. Englander from Englander Peebles law firm based in Fort Lauderdale. The case has been filed under Case Number: 502025CA003386XXXAMB.

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