AdventHealth Ocala has denied a lawsuit filed by a woman who claims she was injured in a slip-and-fall outside of the hospital, saying the walkway where the alleged incident occurred is properly maintained and that the woman’s “own negligence” contributed to any potential injuries.
Attorneys representing Florida Hospital Ocala, Inc., which does business as AdventHealth Ocala, filed the answer and affirmative defenses in the Fifth Judicial Circuit Court of Marion County on November 25 in response to a lawsuit filed by Jane Lundy.
In its answer, the hospital essentially denies that its property was in an unsafe or unreasonably dangerous condition. It claims that the area where Lundy allegedly fell, including the designated walkway, was properly maintained and complied with all applicable building codes and ADA standards. The hospital asserts that any variations or irregularities in the walking surface were minor and did not constitute a dangerous condition as a matter of law.
Lundy’s attorneys filed the initial lawsuit on October 31. The alleged incident occurred while she was visiting AdventHealth Ocala (1500 SW 1st Avenue) on September 12, 2024. The complaint claims that, as Lundy was walking from the parking lot and crossing SW 15th Street, she encountered a “circular brick design pattern on the reasonable and foreseeable walking path.”
Lundy alleges that the brick design element was in “poor condition, deteriorating and had gaps, chips, and elevation changes that were not readily apparent.” As she was walking with the assistance of a walker, Lundy alleges one of the walker’s legs got caught in one of the “various small elevation changes in the deteriorating brick design,” which caused her to “trip and fall to the ground.”
In its defenses, the hospital argues that Lundy’s own negligence was the sole or contributing cause of her alleged injuries. The hospital claims she failed to use reasonable care by leaving the designated pedestrian walkway and entering a landscaped or decorative area not intended for walking.
The hospital further asserts that the alleged condition that Lundy claims caused her fall was “open and obvious,” meaning she should have been able to see it and avoid it.
Additionally, the hospital argues that Lundy is more than 50 percent at fault for her alleged injuries, and therefore, under Florida law, she is barred from recovering damages.
The hospital’s attorneys also raises defenses related to damages, claiming that their client is entitled to a credit for any benefits Lundy has received from other sources and that its liability for medical expenses should be limited to the amounts actually paid, not billed.
Lundy’s attorneys accuse AdventHealth Ocala of failing their legal duty to “keep the premises in a reasonably safe condition.” They claim the company was careless and exhibited negligence in failing to inspect the premises and ensure they were free from “unreasonably dangerous conditions.”
As a result of the incident, Lundy claims she sustained bodily injuries and incurred medical expenses. She claims the injuries she sustained are “permanent and are continuing in nature,” and that she will continue to suffer the losses and impairments in the future.
Lundy is seeking in excess of $50,000 in damages. She is represented by Orlando-based law firm Morgan & Morgan.
AdventHealth is represented by Wilson, Elser, Moskowitz, Edelman & Dicker LLP, which is also based in Orlando.
The court docket shows that a summons was served to Florida Hospital Ocala, Inc., on November 28. A notice of taking deposition was filed on Thursday, December 4, although no details from that document are currently available.
Ovadia Law Group: Your Slip and Fall Legal Experts
Slip and fall accidents can happen anywhere and often lead to serious injuries, medical bills, and lost wages. At Ovadia Law Group, we specialize in helping victims of slip and fall incidents pursue the compensation they deserve. Our experienced personal injury attorneys understand the complexities of premises liability law and fight aggressively to protect your rights. From investigating the property conditions to negotiating with insurance companies, we handle every detail so you can focus on recovery. Don’t let negligent property owners escape accountability—get the legal representation you need today. Call 1-800-674-9396 for a free consultation and let Ovadia Law Group guide you toward justice and financial recovery.
Source: ocala-news
