A man who was delivering goods to a hospital in Ocala claims he sustained “serious bodily injuries” after falling on an old steel plate that gave way while he was using the facility’s loading dock.
Attorneys representing James Hayes filed the lawsuit against Marion Community Hospital, Inc., which does business as HCA Florida West Marion Hospital, in the Fifth Judicial Circuit Court of Marion County on August 26.
According to the complaint, Hayes was visiting the hospital, which is located at 4600 SW 46th Court in Ocala, to deliver goods to the premises on October 28, 2024.
While in the loading dock area of the facility, a supervisor from the shipping/receiving area of the hospital “put down a ‘mobile’ steel loading plate over an old plate.”
As Hayes began unloading items from his truck, the lawsuit alleges he stepped onto the dock plate and “it gave way,” causing him to fall.
Hayes’ attorneys argue that the hospital “carelessly and negligently” failed to conduct reasonable inspections of the premises, and that it had “actual knowledge or should have known of…the dangerous conditions.”
Furthermore, it accuses the hospital of failing to “implement procedures requiring routine inspections of the loading dock for possibly unsafe and dangerous conditions,” including faulty or old plates.
“Marion Community Hospital, Inc., owed Hayes a legal duty to keep the premises in a reasonably safe condition, free from any unreasonably dangerous conditions that might foreseeably give rise to injury or damage to Hayes,” reads a portion of the complaint.
As a result of the alleged incident, Hayes claims he was injured and suffered resulting pain, physical handicap, and disfigurement, among other ailments.
Furthermore, Hayes claims he has suffered a loss for the “capacity for the enjoyment of life” as a result of the physical handicap that he allegedly sustained. He claims the losses are permanent and will continue into the future.
Hayes is seeking more than $50,000 in damages, exclusive of attorney’s costs. He is represented by Orlando-based Morgan and Morgan, which bills itself as the largest personal injury law firm in the country.