NEGLIGENT MAINTENANCE OF VILLAGEWALK OF WELLINGTON PROPERTY CAUSES PERSONAL INJURY TO RESIDENT

Cruise Ship, Maritime and Personal Injury Attorneys Serving Miami, Florida & Nationwide

Posted: November 10, 2009

SMALLEY v. VILLAGEWALK OF WELLINGTON The following is a description of a personal injury case we have filed. This is a case involving a personal injury in the common area in the Villagewalk of Wellington development. Villagewalk of Wellington owns and maintains and has the responsibility to keep safe a common area behind the home within the subject development. Villagewalk of Wellington chose, allowed, maintained, and certainly knew about the covers for certain underground utilities located throughout the common areas and other areas of the subject properties. Villagewalk of Wellington chose, maintained, and knew about the flimsy lids which do not bolt down or attach in any meaningful way to the covers of the underground sprinkler valves in the common areas behind or adjacent to the yards owned, leased, or occupied by inhabitants of this development,. Further, whenever the maintenance personnel mowed the lawn for or on behalf of Villagewalk of Wellington, the tires to the lawn mowers and/or the blades to the lawn mower caused the valve covers to flip or move off of the valve housing. To make matters worse, the valve housings and their covers are at certain times well underneath the top of the grass and are located on a slope so as to hide or obscure the tops of the valve housings. When the valve covers are off of the valve housings, this allows a dangerous holes, that is, the opening for the sprinkler valve housings, to remain open within a grassy area in which it is expected that people will walk. The holes are large enough to cause someone to trip or to fall or for someone’s foot to get trapped in. Bristol Management Services Inc. is a Florida corporation which during a certain time period including the date of the accident herein had contracted with Villagewalk of Wellington to manage the common area grounds of the association including the area where the accident occurred. That management took place under a Management Agreement dated December 8, 2005. Under the Management Agreement, Villagewalk of Wellington had “control of all common area and amenities” including the area where the subject accident occurred. Under that same agreement, Bristol Management Services Inc. was to “assist the Board of Directors” of the Association and “assume[d] the duties associated with the management, operation, and maintenance services of the Association”. Under the Scope of Services, Bristol Management Services Inc. had the responsibility to provide professional advice on the operations of grounds to the Association and to provide services for the maintenance of the grounds including “lawn and landscaping maintenance”. Further, Bristol Management Services Inc. under the Management Agreement had the responsibility to “hire, pay, and supervise all persons necessary to properly maintain and operate the common areas” as approved by the Association. Such persons may be paid by and be employees of Bristol Management, or may be employees of the Association or independent contractors at the approval of the Board of Directors. Further, Bristol Management Services Inc. specifically undertook and was obligated to “inspect and supervise all services whether performed by Bristol Management or an independent contractor”. Villagewalk of Wellington allowed this condition of the valve covers to remain in existence for an extended period of time. Villagewalk of Wellington failed to change these covers or demand that they be changed, failed to take steps to provide warnings about these covers or to cordon off the areas where the covers existed, and selected this type of negligent and unreasonable cover in the first place. Accordingly, when our client, Mr. Smalley, walked into the common area behind the property which he and his wife leased, he stepped into the hole and trapped his foot and lower leg. The forward momentum of his walk caused his knee to be injured severely and permanently which has required surgery and has caused permanent disability. We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time. Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. See our website for information on what to do in the event of an injury on a cruise ship: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident or incident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 29 years. Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in the cruise line capital of the world, Miami, Florida. For the first 17 years of his career, Hickey represented the cruise lines and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice. Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.