A Palm Beach County resident has filed a lawsuit against a local homeowners association and a realty company, alleging negligence after suffering severe injuries from a fall on an uneven sidewalk. The complaint was filed by Kristin McCuin in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on June 28, 2024, naming VillageWalk of Wellington Home Owners Association, Inc., and Capital Realty Advisors, Inc. as defendants.

According to the court documents, McCuin claims that on April 14, 2024, she was running on a sidewalk managed by both defendants when she tripped over an unlevel and broken section of the pavement. The plaintiff asserts that both VillageWalk of Wellington Home Owners Association and Capital Realty Advisors had a duty to maintain the sidewalks in a safe condition but failed to do so. "At all times material hereto," the complaint states, "Defendant had a duty to properly maintain, inspect and repair the aforementioned sidewalk located at the Premises."

McCuin alleges that due to this negligence, she sustained permanent bodily injuries including pain and suffering of both physical and mental nature, disability, disfigurement, significant scarring, mental anguish, loss of enjoyment of life, medical expenses for hospitalization and nursing care, loss of past earnings as well as future earning capacity. The plaintiff contends that these injuries are permanent and continuing.

The lawsuit outlines multiple counts of negligence against both defendants. For instance, it accuses VillageWalk of Wellington Home Owners Association of failing to maintain or adequately inspect the sidewalk to ensure it was not uneven or cracked. Similarly, Capital Realty Advisors is accused of neglecting their duty to warn pedestrians about dangerous conditions or correct them promptly. Both entities are alleged to have allowed hazardous conditions such as abrupt changes in elevation and misaligned sections to persist despite knowing—or reasonably being expected to know—about these dangers.

McCuin seeks damages exceeding $50,000 from each defendant for their alleged failure to uphold their non-delegable duties towards her safety as an invitee on their property. She demands judgment for these damages along with interest and costs associated with bringing forth this legal action.