Nearly a year after an 11-year-old boy broke his arm at AIDS Memorial Park in Tampa, the city is being sued for negligence.
Linda and Mark Burgin, parents of now 12-year-old Joshua, are suing the City of Tampa and Crescent Investments for their son’s accident late last year.
The two parties were notified of the incoming case Dec. 2, 2015, when the Burgins’ lawyer sent a formal notice to their offices.
In the notice, the family claims that around Nov. 6, 2015, Joshua slipped and fell off a wall at the park. However, in the lawsuit, the incident is said to take place “on or about Oct. 4, 2015.”
According to BayLawsuits, in 2015 the park was set to be redesigned in a joint effort by Crescent Resources and the City of Tampa. In a post on the City of Tampa website, the park was set to close temporarily beginning Oct. 26, 2015. The post was dated March 2015.
At that time, the park was said to reopen in 18 months.
There were no handrails, access ramps, or signs posted by or on the wall at the time of the accident. The city and Crescent Investments failed to maintain the safety of the park, failed to inspect the wall which the boy fell from, and failed to prevent any person from walking around the dangerous area of the park. Because of this, the suit claims that the parties are responsible for the boy’s accident.
Joshua experienced embarrassment and disability because of this event. The incident brought hospital bills upon the family.
The Burgins are seeking damages more than $15,000 and are demanding a trial by jury.
The Burgins’ attorney filed the suit in Hillsborough County Oct. 20, 2016.
AIDS Memorial Park is located at 102 W. Hyde Park Pl. in Tampa.