A construction company that is one of three defendants being sued by a woman who claims she crashed into an unmarked dead-end, says it had no involvement in the construction or maintenance of the roadway.
On October 5, attorneys representing CFI Ocala Property, LLC filed a motion to dismiss an amended complaint filed by Kali Reed on September 6.
In their request, the company denies that it had “any involvement on the construction of the road.”
“CFI had no duty to Plaintiff, who was operating her vehicle on a county owned and operated roadway at the time of the alleged incident,” reads the motion.
The company further alleges that Reed’s original complaint failed to state a cause of action and that dismissal is proper as a “complaint cannot be amended to state a cause of action.”
CFI argues that there is “no Florida statute or case law” that imposes a duty on the company to “protect individuals using the adjacent roadway, which is owned, controlled and maintained by Marion County,” according to the motion.
The property management company asserts that the alleged accident did not occur on its premises and, therefore, it is not liable.
“The motor vehicle accident occurred off the premises of the development and did not involve an employee or agent of CFI,” reads the motion.
CFI says that the only entity with “jurisdiction to alter the traffic flow on the roadway” is Marion County, and that the company did not “design, construct, or maintain” it.
“CFI did not have a duty, and indeed, did not have the power to control the traffic patterns, it cannot be at a fault for the alleged injuries and the complaint must be dismissed,” reads the motion.
In her amended complaint, Reed alleges that the accident took place on October 28, 2019. Reed says she was driving a 2017 Hyundai Elantra down NW 35th Street Road when “the road abruptly ended and she crashed.”
As a result of the crash, Reed claims she suffered “serious and permanent injuries.”
Attorneys representing another defendant in the lawsuit, Red Rock Development, argue that Reed’s “negligence was the legal cause, in whole or in part, of claimed injuries and damages.” They accuse Reed of “carelessly” and “negligently” failing to take appropriate “evasive action” and failing to “exercise ordinary due care at the time of the incident.”
During a visit to the roadway on September 8, 2023, Ocala-News.com found “Dead End” signs at 1,000 and 500 feet, as well as a flashing light, road reflectors, and a “Road Closed” sign.
Google Maps images captured in April 2019 show the undeveloped area.
According to the court docket, the last filings in the case were made in October. In addition to the motion to dismiss filed by CFI, attorneys for Red Rock filed a request for admissions and a request to produce on October 6.