Jury Trial Set for Negligence Suit Against Watercrest as HOA Sues Lennar

A March 2025 jury trial has been set for the case in which a former Watercrest resident is suing the HOA for upwards of $100,000 following a 2021 scooter incident that allegedly left him disabled.

In its response to claims of negligence, the HOA has sued Lennar Homes, claiming the homebuilder should owe Watercrest if a jury rules against the HOA.

The legal dispute began when former Watercrest resident Steven Smith filed a lawsuit against Watercrest in Sarasota County Circuit Court in July 2022 following an incident on Feb. 21, 2021 in which he allegedly was riding a Razor scooter along the southern end of Cruise Drive when he hit a “large gouge in the middle of the road and caused his scooter to flip,” landing him with “serious injuries” to at least his head, neck and arm. Smith alleged Watercrest was negligent in its maintenance of the streets.

Having initially filed the lawsuit solely against Watercrest, Smith—via his attorney, Courtney Flandreau of the Mallard Perez law firm—amended his complaint in November 2023 to include as defendants Lighthouse Property Management, Sunstate Association Management Group, Lennar Homes, Terracon Consultants, JLP Development and Vanguard Realtors. Smith has since dismissed both Lennar and Terracon from the lawsuit.

According to the amended complaint, Smith suffered physical injuries including “great physical pain and suffering, disability, inability and loss of capacity for the enjoyment of life, inconvenience, physical impairment, disfigurement, scarring, mental anguish” and the “aggravation of an existing disease or physical defect.” He additionally claims he lost out on wages and racked up medical debt as a result of the incident, and claims his physical and monetary losses are “either permanent or continuing in nature.”

Smith claims the HOA was negligent in its maintenance of community streets and sidewalks and failed to warn residents and visitors of “dangerous conditions that were or should have been known to Watercrest.”

“The negligent condition referenced above was known to Watercrest or had existed for a sufficient length of time so that Watercrest should have known of it,” Smith’s complaint reads.

Smith is seeking an estimated $100,000, although that amount is indicated in in case documents “for data collection and clerical processing purposes only.” In his complaint, Smith clarifies that a “fair and just jury” will determine what he is actually owed.

Last month, Watercrest—via its attorney, Taira Towne of the Wicker Smith O’Hara McCoy & Ford law firm—responded to Smith’s amended complaint by denying all of Smith’s allegations and demanding a jury trial.

The HOA claims Smith was negligent in his operation of the scooter, noting that he allegedly was not wearing appropriate safety equipment, and claims Smith’s alleged injuries were the result of pre-existing conditions “not caused or aggravated by any of the alleged acts of negligence.” The HOA also alleges that Smith’s claims for his medical bills are “exaggerated, unnecessary, and/or unreasonable,” and that Smith’s medical providers engaged in “excessive billing and/or treatment” for his injuries.

The HOA also denied the existence of the “dangerous condition or defect” in the street and suggested that if such a condition did exist, it was noticeable.

“Defendant had no, or insufficient, constructive or actual notice of the alleged dangerous condition or defect, which Defendant expressly denies existed, or, alternatively, that such condition or defect was open and obvious to [Smith],” Watercrest’s response reads.

A four-day jury trial has been scheduled in Sarasota County Circuit Court for March 24, 2025.

Watercrest Sues Lennar

But the case now has an added dynamic with Watercrest suing Lennar via a third-party complaint, claiming the homebuilder was negligent in its duty to the HOA and should be forced to reimburse the HOA if the jury rules in Smith’s favor and requires the HOA to pay.

Although denying the existence of a street defect in its defense against Smith, Watercrest admits in its claims against Lennar that it was aware of such condition, but alleges the homebuilder was responsible for it.

“Lennar Homes Llc. breached its duty of reasonable care to Watercrest Community Association Inc. by creating a dangerous condition (the gashes in the road) in the road of the subdivision,” the response reads.

The HOA claims that an employee, agent or subcontractor of Lennar parked a dumpster or commercial vehicle on the street prior to Feb. 21, 2021 “causing the asphalt to damage.”

“This damage caused divots and/or gashes in the roadway, which created the condition alleged in [Smith’s] Amended Complaint,” the HOA claims, adding that Lennar should have repaired the gashes in the road “in a reasonable time or manner.” Watercrest claims a subcontractor hired by Lennar repaired the asphalt on March 17, 2021.

The HOA asserts Lennar should be obligated to reimburse it if a jury finds the HOA to be negligent and orders it to pay Smith.

“[A]ny and all such liability would be due to the failures of Lennar Homes Llc. in completing its work in a reasonable manner,” the HOA alleges. “… If [Smith] has suffered injuries, then they were actually caused by the negligence of Lennar Homes Llc.”

Lennar has yet to respond to Watercrest’s complaint.

All documents associated with the case can be found on the Sarasota County Clerk of the Circuit Court’s website at SarasotaClerk.com.