Tina Chester v.  Elizabeth Gardens Of Miami, LLC

Parties Involved

  • Plaintiff(s):Tina Chester

 

  • Defendant(s):Elizabeth Gardens of Miami, LLC
    • Counsel for Defendants: Carlo Marichal

Verdict Information

  • Verdict Date: May 9, 2024
  • Total damages awarded to Plaintiff: $0 (Verdict for Defendant)

About the Case

Cause

Tina Chester, a resident of Miami-Dade County, Florida, initiated legal action against Elizabeth Gardens of Miami, LLC by filing a personal injury lawsuit in the Circuit Court of the 11th Judicial Circuit in Miami-Dade County. The lawsuit centered around a premises liability incident that transpired on November 20, 2020, at the Elizabeth Gardens of Miami apartment community located at 8400 NW 25th Avenue in Miami.

On that day, Chester was lawfully riding her bicycle around the apartment complex when she unexpectedly struck a pothole concealed by standing water near the front entrance. The violent impact from hitting the obscured pothole caused Chester to be forcefully thrown from her bicycle, resulting in her sustaining serious injuries. In her complaint, Chester alleged that Elizabeth Gardens of Miami, LLC, the owner and operator of the apartment community, breached its duty of care owed to residents and invitees.

Specifically, Chester claimed that Elizabeth Gardens failed to maintain the premises in a reasonably safe condition by neglecting to address the dangerous pothole and persistent flooding issues at the apartment complex’s entrance. Despite having a legal obligation to identify hazards, warn people about them, and promptly remove or remediate such risks, the defendant allegedly disregarded these responsibilities.

Injury

As she was thrown from her bicycle, Chester’s body slammed onto the pavement. She sustained multiple traumatic injuries, including a concussion from hitting her head. She also suffered a broken right arm and a dislocated left shoulder. Additionally, she had severe road rash and bruising across her arms, legs, and torso from skidding along the ground. The force of the impact caused internal injuries as well. Chester experienced abdominal pain and bloody vomiting, indicating potential organ damage or internal bleeding. Chester required emergency transportation via ambulance to the hospital’s trauma center.

There, she underwent diagnostic scans and received treatment for her fractures and dislocations. She also spent several days admitted for monitoring of her internal injuries. Additionally, she was monitored for the risk of complications from the concussion. Chester’s injuries resulted in significant pain, temporary disability during her recovery, and expensive medical bills for her emergency care, surgeries, hospitalizations, rehabilitative therapy, and follow-up treatment.

Damage

The lawsuit sought to hold Elizabeth Gardens financially accountable and obtain a fair and reasonable sum of compensatory damages commensurate with the substantial injuries, losses, and long-term repercussions Chester suffered as a result of the apartment complex’s negligence.

Jury Verdict

The jury found no negligence on the part of the Defendant and awarded $0 in damages to the Plaintiff.

Court Documents:

Complaint

Jury Verdict