Supporting lawsuit
Edna Estes, age 65, broke her hip when she stepped into a pothole in a parking lot in Waterman City, Florida. It is a serious injury, healing slowly, and she may well be confined to the use of a walker for the rest of her life. She has incurred and will incur substantial medical bills (which fortunately are covered by Medicare), and there is little doubt her mobility will be significantly impaired.
The accident occurred on April 14, when Ms. Estes was on the way to visit her tax consultant, Mary Miles. She drove her car into an open-air unpaved gravel parking lot across the street from the 12-story Cannon Towers building in which Ms. Miles had her office. Each space in the parking lot was denoted by a sign reserving the space for one of various businesses located in Cannon Towers, with a few spaces reserved for Cannon Towers residents. Ms. Estes saw the two spaces marked “Miles Tax Consulting” were already taken, so she parked in a space with a sign marked “Jon Johnson — Private.” Ms. Estes was a social acquaintance of Mr. Johnson, and had visited his Cannon Towers apartment once or twice in the past. Ms. Estes noticed that her left front wheel bumped as she was pulling into the parking space. When she opened the driver’s side door and stepped out, her left foot went into a four-inch pothole, she lost her balance and fell.
The parking lot is one of several owned and maintained by Waterman Properties, Inc. (“WPI”). WPI leases the spaces on a yearly basis to neighboring businesses and residents. A large sign posted by WPI at the entrance of the parking lot says, in conspicuous letters: “RESERVED PARKING. UNAUTHORIZED VEHICLES WILL BE TICKETED AND TOWED AT OWNERS’ EXPENSE!” Another less conspicuous sign says: “This private lot is for customer and resident parking only! WCO § 232. Use this lot at your own risk. WPI is not liable for injury or damage resulting from removal of unauthorized vehicles or otherwise.” All WPI lots in Waterman City had similar signage.
Waterman City Ordinances (WCO) § 232 states in relevant part: “It is unlawful for any person to cause or permit any vehicle owned or operated by him to be parked in any space in which parking is prohibited, on public or private property. The police department is authorized to remove vehicles improperly parked, at the owner’s expense, if the space is properly designated as a tow-away zone.”
Ms. Estes filed suit against Waterman Properties, Inc. for the injuries she sustained when she fell in the parking lot they owned and operated.
You will representing Ms. Estes.
Post 1
Students representing Ms. Estes should make a post supporting her lawsuit. You should include at least one Florida case that supports your position.
PLEASE NOTE: You cannot use a case that has already been used by another student. You will receive
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