$850,000 Paid by Shopping Plaza Owner & Okeechobee Utility Authority to Okeechobee Woman


A shopping center owner and a water company recently learned an important business lesson from Attorney Philip DeBerard. The two businesses had to pay an Okeechobee woman $850,000 because of their negligence regarding safety standards and their failure to prevent hazardous conditions.

In February 2004, Patti Simmons’ vehicle was parked behind the Okeechobee Plaza shopping center, owned Royal & Sons, Ltd. As Ms. Simmons walked to her vehicle, she unknowingly stepped into an uncovered water meter hole, causing her to fall after a heavy rain storm flooded the dark, un-illuminated parking lot, creating a hazardous situation.

The meter opening should have been covered with a plastic lid to protect pedestrians, but the lid was not properly attached and floated away when the parking lot flooded, creating this hazardous condition. The drain covers were managed by the Okeechobee Utility Authority, which did not maintain or repair them in a reasonably safe way.

The shopping center parking lot had been in an unsafe condition for a very long period time prior to this incident, and the owners did not make an attempt to rectify the dangerous conditions or take corrective measures. “The property owners have an obligation to keep their property safe,” commented Attorney Philip DeBerard. “Just as property owners have a responsibility to prevent dangerous conditions, so too must land and business owners act when inclement weather creates adverse conditions on a property.” Philip DeBerard and Robin A. Blanton represented Simmons in the action against the defendants.

Ms. Simmons suffered years of multiple neck and back surgeries that left her totally and permanently disabled and unable to return to her job as a beautician. The injuries and required medical care forced her to make substantial changes to her lifestyle.