A woman is suing a pair of Ocala homeowners for premises liability, alleging she suffered permanent injuries after stepping into a hidden, trench-like hole that had been concealed by overgrown grass in their yard.
Tina L. Allen filed the lawsuit against Brandon Myers and Ann Marie Myers, if the Fifth Judicial Circuit Court of Marion County on April 30.
According to the complaint, the incident occurred on September 10, 2024, while Allen was visiting the couple at their home on SW 63rd Loop in Ocala.
While walking on the premises, Allen claims she suddenly fell due to a dangerous and hazardous condition on the grounds. The lawsuit specifies that the hazard was a deep, trench-like hole located in the grass.
Further, Allen alleges the grass had been allowed to grow over the opening of the trench, making the depression invisible and creating a hidden trap that unaware pedestrians could not reasonably avoid.
Allen’s legal counsel argues that the homeowners breached their non-delegable common law and statutory duties to maintain the residential property in a reasonably safe condition for visitors.
The complaint alleges that the defendants either created the hazardous trench or knew, and should have known, about its existence.
It further accuses the homeowners of failing to eliminate the dangerous condition, failing to prevent invitees from accessing the hazardous area, and failing to provide adequate warnings regarding the concealed hole.
As a direct and proximate result of the sudden fall, Allen asserts she suffered grievous bodily injuries that are permanent or continuing in nature. Her claimed damages include pain and suffering, physical disability, disfigurement, loss of capacity for the enjoyment of life, lost wages, and significant expenses for hospitalization, medical care, and nursing treatments.
Allen is seeking damages in excess of $50,000, exclusive of costs and attorney’s fees.