A lawsuit has been filed seeking damages in excess of $50,000 following an incident where a pedestrian allegedly tripped and fell due to rocks scattered on a public walkway in Clearwater. The complaint was submitted by Lois Duncan in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, on March 18, 2026, naming the Florida Department of Transportation as the defendant.
According to court documents, Lois Duncan claims that on June 16, 2023, she was walking along the walkway or sidewalk located at or near 440 Court Street (also known as State Road 60) in Clearwater when she tripped over rocks that had been scattered from nearby landscaping areas onto the pedestrian path. The filing states that this incident caused her bodily injuries. Photographs and plats depicting the area were attached as exhibits to support her claim.
The complaint outlines that at all relevant times, the Florida Department of Transportation owned or maintained exclusive control over the walkways and adjacent right-of-way where the incident occurred. Duncan alleges that the department owed her—and others similarly situated—a non-delegable duty to use reasonable care in maintaining these public spaces. She asserts that this duty was breached through several actions: failing to keep the property in a safe condition; neglecting to warn about latent dangers; not properly inspecting or maintaining safe conditions; failing to make reasonable provisions for invitee safety; and creating what is described as a dangerous condition.
Duncan’s legal filing further claims that either the dangerous condition was created by the department itself or existed long enough that it should have been discovered and addressed by those responsible. As stated in her complaint: “the Defendant, FLORIDA DEPARTMENT OF TRANSPORTATION, breached its duty of care… any one of which was a departure from the accepted standard of care.” She also notes compliance with statutory requirements under Section 768.28(6)(a), Florida Statutes, indicating she provided notice of her claim to appropriate agencies and waited more than six months without receiving a final disposition before proceeding with legal action.
The plaintiff details various injuries allegedly resulting from the fall—including pain, physical handicap and disfigurement, aggravated pre-existing conditions, hospital and medical expenses, lost wages, loss of earning capacity—as well as ongoing mental and physical anguish. The complaint states: “said injuries are either permanent or continuing in nature and caused the Plaintiff mental and physical pain and anguish.” Duncan is seeking judgment for damages exceeding $50,000 exclusive of costs and interest. She also demands a trial by jury on all issues raised.
The case is identified as Case Number 26-001715-CI. Lois Duncan is represented by attorneys at 135 East Lemon Street in Tarpon Springs, Florida (Florida Bar No. 279994). The name of any presiding judge is not specified within this document.
Source: 26001715CI_Lois_Duncan_v_Florida_Department_Complaint_Pinellas_County_Florida.pdf
