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IN THE CIRCUIT Core THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
BETTE VERP and MARTIN CASE NO.:
VERP, her husband
Plan 50 2008 CA 00245 LXXXKNB
vs. ad
Ororra BELLA YACHT & TENNIS , :
CLUB CONDOMINIUM ASSOCIATION, - 3
a Florida corporation, a-. &
ee 32
Defendants. > ee _ oo q
/ OD ee. 2°
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COMPLAINT a
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COME NOW the Plaintiffs, BETTE VERP and MARTIN VERP, her husband, (hEréinafter
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referred to as “VERP”) by and through his undersigned attorney, and hereby sue the Defendant,
following:
PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., a Florida
corporation, (hereinafter referred to as “PORTA BELLA”), and as grounds therefor state the
JURISDICTIONAL ALLEGATIONS
1.
The within cause of action is a claim for damages in excess of $15,000.00, exclusive
2.
of attomeys’ fees and costs, within the jurisdiction of this Court.
At all times hereto, the Plaintiffs, VERP, were and are residents of Palm Beach
County, Florida and are otherwise sui. juris.
3. At the time of the subject incident, the Defendant, PORTA BELLA, was a Florida
corporation licensed to and doing business in the State of Florida, which owned, managed,
maintained and/or controlled the pool area located within the Porta Bella community located on East
Jeffery Street in Boca Raton, Palm Beach County, Florida.4. The incident a. is the subject of this cause of actiofeccurred in Palm Beach
County, Florida.
FACTUAL ALLEGATIONS
5. On or about February 20, 2007, the Plaintiff, BETTE VERP, was at the pool area at
the Porta Bella condominium in Boca Raton, Palm Beach County, Florida.
6. As the Plaintiff, BETTE VERP, was walking towards the pool she was caused to trip
and fall due to a dangerous condition which resulted in her sustaining severe injuries more fully
described hereinafter.
COUNT I - NEGLIGENCE AS TO THE DEFENDANT, PORTA BELLA
7. The Plaintiff readopts and reavers all allegations contained in paragraphs 1 through
6 as though fully set forth herein.
8. The Defendant, PORTA BELLA, owned, managed, maintained and/or controlled the
subject premises, including the pool area, and more specifically, the area where Plaintiff, BETTE
VERP, allegedly was injured.
9. The Defendant, PORTA BELLA, by and through its agents and/or employees, owed
a duty to maintain said premises in a reasonably safe condition for persons on the premises, and
specifically, for the Plaintiff, VERP, who was a resident of the community and was owed a
reasonable duty of care.
10... The Defendant, PORTA BELLA, by and through its agents and/or employees,
breached said duty by commission and/or omission of one or more of the following negligent acts:
a. By failing to properly maintain the subject area;
b. By failing to warn the Plaintiff of the dangerous condition;
c. By failing to monitor and/or rectify a known dangerous condition on the
subject premises and/or in subject area;
d. By allowing incompetent personnel to attempt to maintain and/or perform the
necessary repairs in the subject area;
e. By allowing and/or creating a dangerous condition to exist on the premises;
f. By otherwise negligent conduct which resulted in Plaintiff's injuries;ll. The dangerol@ndition existed for a reasonable a. of time whereby the
Defendant, PORTA BELLA, knew or should have known of said dangerous condition and a
reasonable inspection would have revealed the existence of said condition.
12. The Plaintiff, BETTE VERP, entered the subject premises with due care and was not
negligent.
13. As a direct and proximate result of the negligence of Defendant, PORTA BELLA,
as aforedescribed, Plaintiff, BETTE VERP, sustained severe personal injuries, and/or the aggravation
ofa pre-existing condition and has endured pain and suffering, mental anguish, loss of the capacity
to enjoy life, incurred medical expenses, and miscellaneous out-of-pocket expenses. Said losses
have been incurred in the past and will continue in the future.
WHEREFORE, the Plaintiff, BETTE VERP, demands compensatory damages against the
Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC.,
and seeks any and all other relief this Honorable Court deems just and proper.
COUNT II - CONSORTIUM CLAIM OF MARTIN VERP
14. The Co-Plaintiff, MARTIN VERP, realleges and reavers the allegations contained
in paragraphs 1 through 6 as if fully set forth herein.
15. Atall times material hereto, the Co-Plaintiff, MARTIN VERP, was and is the lawful
husband of the Co-Plaintiff, BETTE VERP.
16. As a result of the injuries sustained by the Co-Plaintiff, BETTE VERP, as
aforedescribed in Count I of this Complaint, the Co-Plaintiff, MARTIN VERP, has lost the
companionship, society and consortium of his wife, BETTE VERP, in the past and said losses will
continue in the future.WHEREFORE, the Daintize MARTIN VERP, seeks ee damages against the
Defendants, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC.,
and any and all other relief this Honorable Court deems just and proper.
JURY TRIAL DEMAND
17. Plaintiffs, BETTE VERP and MARTIN VERP, hereby demand a trial by jury of all
issues so triable as a matter of right.
wm
DATED this 28 day of January, 2008.
JACOBS & STRAUS, P.A.
Attorneys for Plaintiffs
1098 NW Boca Raton Boulevard
Boca Raton, Florida 33432
Tel: (561) 394-9099
By:
GER{ SUE STRAUS, ESQ.
Florida Bar #516880Page: 1
PALM BEACH CTY CIR CT JISPROD
Receipt Number CAMB193803,
Date: 28-JAN-2008
cashier cCMMAY
Payor: JACOBS & STRAUS PA
Addr:
Violation/Docket Description Amount,
QO iss TT ee we
256.00
CHECK RECEIVED GENERAL ACCT -256.00
Total Fees: 256.00
Total Payment: 256.00
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IN THE CIRCUIT Core THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BETTE VERP and MARTIN CASE NO.: VERP, her husband Plan 50 2008 CA 00245 LXXXKNB vs. ad Ororra BELLA YACHT & TENNIS , : CLUB CONDOMINIUM ASSOCIATION, - 3 a Florida corporation, a-. & ee 32 Defendants. > ee _ oo q / OD ee. 2° pa COMPLAINT a v get ¥ or Ae. COME NOW the Plaintiffs, BETTE VERP and MARTIN VERP, her husband, (hEréinafter ne referred to as “VERP”) by and through his undersigned attorney, and hereby sue the Defendant, following: PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation, (hereinafter referred to as “PORTA BELLA”), and as grounds therefor state the JURISDICTIONAL ALLEGATIONS 1. The within cause of action is a claim for damages in excess of $15,000.00, exclusive 2. of attomeys’ fees and costs, within the jurisdiction of this Court. At all times hereto, the Plaintiffs, VERP, were and are residents of Palm Beach County, Florida and are otherwise sui. juris. 3. At the time of the subject incident, the Defendant, PORTA BELLA, was a Florida corporation licensed to and doing business in the State of Florida, which owned, managed, maintained and/or controlled the pool area located within the Porta Bella community located on East Jeffery Street in Boca Raton, Palm Beach County, Florida.4. The incident a. is the subject of this cause of actiofeccurred in Palm Beach County, Florida. FACTUAL ALLEGATIONS 5. On or about February 20, 2007, the Plaintiff, BETTE VERP, was at the pool area at the Porta Bella condominium in Boca Raton, Palm Beach County, Florida. 6. As the Plaintiff, BETTE VERP, was walking towards the pool she was caused to trip and fall due to a dangerous condition which resulted in her sustaining severe injuries more fully described hereinafter. COUNT I - NEGLIGENCE AS TO THE DEFENDANT, PORTA BELLA 7. The Plaintiff readopts and reavers all allegations contained in paragraphs 1 through 6 as though fully set forth herein. 8. The Defendant, PORTA BELLA, owned, managed, maintained and/or controlled the subject premises, including the pool area, and more specifically, the area where Plaintiff, BETTE VERP, allegedly was injured. 9. The Defendant, PORTA BELLA, by and through its agents and/or employees, owed a duty to maintain said premises in a reasonably safe condition for persons on the premises, and specifically, for the Plaintiff, VERP, who was a resident of the community and was owed a reasonable duty of care. 10... The Defendant, PORTA BELLA, by and through its agents and/or employees, breached said duty by commission and/or omission of one or more of the following negligent acts: a. By failing to properly maintain the subject area; b. By failing to warn the Plaintiff of the dangerous condition; c. By failing to monitor and/or rectify a known dangerous condition on the subject premises and/or in subject area; d. By allowing incompetent personnel to attempt to maintain and/or perform the necessary repairs in the subject area; e. By allowing and/or creating a dangerous condition to exist on the premises; f. By otherwise negligent conduct which resulted in Plaintiff's injuries;ll. The dangerol@ndition existed for a reasonable a. of time whereby the Defendant, PORTA BELLA, knew or should have known of said dangerous condition and a reasonable inspection would have revealed the existence of said condition. 12. The Plaintiff, BETTE VERP, entered the subject premises with due care and was not negligent. 13. As a direct and proximate result of the negligence of Defendant, PORTA BELLA, as aforedescribed, Plaintiff, BETTE VERP, sustained severe personal injuries, and/or the aggravation ofa pre-existing condition and has endured pain and suffering, mental anguish, loss of the capacity to enjoy life, incurred medical expenses, and miscellaneous out-of-pocket expenses. Said losses have been incurred in the past and will continue in the future. WHEREFORE, the Plaintiff, BETTE VERP, demands compensatory damages against the Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., and seeks any and all other relief this Honorable Court deems just and proper. COUNT II - CONSORTIUM CLAIM OF MARTIN VERP 14. The Co-Plaintiff, MARTIN VERP, realleges and reavers the allegations contained in paragraphs 1 through 6 as if fully set forth herein. 15. Atall times material hereto, the Co-Plaintiff, MARTIN VERP, was and is the lawful husband of the Co-Plaintiff, BETTE VERP. 16. As a result of the injuries sustained by the Co-Plaintiff, BETTE VERP, as aforedescribed in Count I of this Complaint, the Co-Plaintiff, MARTIN VERP, has lost the companionship, society and consortium of his wife, BETTE VERP, in the past and said losses will continue in the future.WHEREFORE, the Daintize MARTIN VERP, seeks ee damages against the Defendants, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., and any and all other relief this Honorable Court deems just and proper. JURY TRIAL DEMAND 17. Plaintiffs, BETTE VERP and MARTIN VERP, hereby demand a trial by jury of all issues so triable as a matter of right. wm DATED this 28 day of January, 2008. JACOBS & STRAUS, P.A. Attorneys for Plaintiffs 1098 NW Boca Raton Boulevard Boca Raton, Florida 33432 Tel: (561) 394-9099 By: GER{ SUE STRAUS, ESQ. Florida Bar #516880Page: 1 PALM BEACH CTY CIR CT JISPROD Receipt Number CAMB193803, Date: 28-JAN-2008 cashier cCMMAY Payor: JACOBS & STRAUS PA Addr: Violation/Docket Description Amount, QO iss TT ee we 256.00 CHECK RECEIVED GENERAL ACCT -256.00 Total Fees: 256.00 Total Payment: 256.00