Vous êtes sur la page 1sur 5

Neil J.

Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481

Telephone: (352) 854-7807

November 27, 2006

James E. Flynn, President


Oak Run Homeowners Association, Inc. (ORHA)
PO Box 771612
Ocala, FL 34476

Dear Mr. Flynn,

Thank you for the November 2006 Special Edition ORHA Newsletter. The
transcript of the letter from Mr. Carls of Taylor & Carls, P.A. was informative.

My mother, Penelope Gillespie, has resided in Oak Run since 1994, and is one of
the original homeowners in neighborhood 13, Woodside Courts. I am her son and
primary caregiver, and want to report two incidents that occurred at DECCA's office on
October 30th and 31 st, 2006.

DECCA apparently has a policy requiring a personal visit to the office for routine
cable TV service changes. As such I accompanied Penelope to DECCA's office on
October 30, 2006 for a 1:00 p.m. scheduled appointment. As Penelope entered the office,
she tripped and fell to the floor. DECCA employee Kristina was present. I was able to
help Penelope back to her feet, and at the time she seemed all right, but the following
morning she awoke in pain and had difficulty walking.

In an effort to rectify the dangerous step that caused my mother to trip and fall, I
was directed to DECCA employee Emilio Gonzales. He was hostile, and appeared only
interested in whether we intended to sue DECCA. I explained that my concern was the
dangerous step. Mom is a nice lady who is not inclined to sue anyone, even though she
was injured. She does not want to spend her remaining years in litigation.

Mr. Gonzales was not convinced, and blamed mom for tripping and falling. Then
he referenced a lawsuit against McDonald's from a few years ago, litigation over a cup of
coffee that burned a customer. Mr. Gonzales drew a parallel between my mom's fall and
James E. Flynn, President Page - 2

Oak Run Homeowners Association, Inc. (ORHA) November 27,2006

the McDonald's lawsuit, saying people have to take responsibility for their actions.
When I told him the step may not meet code (from my experience developing commercial
real estate) 11e said my mother should have read the warning sign on the door, and that the
sign provided fair warning. When I asked if DECCA's entrance complied with the
Americans with Disabilities Act (ADA), he demanded to know if mom was disabled.

Mr. Gonzales and I did not reach a consensus, so I decided to photograph the
dangerous step and discuss it with either an attorney or a building inspector. Enclosed are
some of the photographs I made. As I was taking the pictures, Mr. Gonzales emerged
from DECCA's office to confront me and then grabbed my camera. During the struggle I
lost my balance and fell. Law enforcement was summoned. The Marion County Sheriff
responded and documented the incident.

I am concerned about the dangerous step to DECCA's office, and what can be
done to remedy the problem. In my opinion, the floor should be the same height on either
side of the entry threshold, and there should be a hand railing along the steps leading to
the entrance door. My other concern is DECCA's apparent disregard for the health and
safety of Oak Run's residents. No one from DECCA expressed any concern for my
mother's injury; the only concern was if we intended to file suit.

Kindly advise if this matter can be addressed by the ORHA.

Sincerely,

Neil J. Gillespie

enclosures

cc: Harry W. Carls, Esquire, Taylor & Carls, P.A., w/enclosures


Ellen McNamara, Neighborhood 13 Representative, w/enclosures
Kulbir Ghumman, CEO, DECCA, w/enclosures
Entrance to DECCA's office, 11637 SW 90th Terrace, Ocala, FL.

(above) Photograph showing a sign on the entry door at DECCA's office, 11637 SW 90th
Terrace, Ocala, FL. Photograph made by Neil Gillespie, Oct-31-06.

(above) Photograph showing the step at the entry threshold, and interior of the office
(note the sharp comer on the counter, to the right of swinging doors), DECCA's office,
11637 SW 90 th Terrace, Ocala, FL. Photograph made by Neil Gillespie, Oct-31-06.
Entrance to DECCA's office, 11637 SW 90th Terrace, Ocala, FL.

(above) Photograph showing steps leading to DECCA's entry door, 11637 SW 90 th


Terrace, Ocala, FL. Photograph made by Neil Gillespie, Oct-31-06.

(above) Photograph showing Emilio Gonzales coming out of DECCA's office to stop
Neil Gillespie from taking photographs. Photograph made by Neil Gillespie, Oct-31-06.

Vous aimerez peut-être aussi