Richard Agnew III has filed a lawsuit against two individuals, accusing them of negligence and seeking damages exceeding $50,000. The complaint was filed on October 23, 2025, in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida, against Michael Vivio and Beth Vivio. The case revolves around an incident that occurred on June 5, 2025, when Agnew was hired to perform work at a property owned or controlled by the defendants.
According to the complaint, Agnew was provided with a defective ladder by the defendants while working at their property located at 2420 Andalusia Way NE in St. Petersburg, Florida. The ladder reportedly failed to extend fully or lock properly, leading to its collapse or shift during use. As a result of this equipment failure, Agnew suffered severe injuries including fractures to both tibias, fibulas, and ankles which required hospitalization and will necessitate future physical therapy.
Agnew’s legal team from Rubenstein Law P.A., led by attorney Nicholas T. Smith, argues that the defendants breached their duty of care by failing to inspect or maintain the ladder before providing it for use. They further allege that the Vivios did not warn Agnew about the potential dangers associated with using the defective ladder and provided equipment unsuitable for safe work conditions. The complaint also includes claims of negligent entrustment and premises liability against both Michael and Beth Vivio.
The plaintiff contends that the defendants knew or should have known about the defective condition of the ladder and its associated risks but still entrusted it to him for elevated work tasks. Additionally, it is alleged that hazardous conditions existed at the property where Agnew was working with no warning given nor corrective measures taken by the defendants to address these dangers.
Agnew is seeking compensation for his injuries which include pain and suffering, medical expenses incurred as well as future medical needs such as ongoing physical therapy sessions due to his sustained injuries. He also seeks recovery for lost income resulting from his inability to work following this incident.
The case has been assigned Case Number: 25-005959-CI under Judge Richard Agnew II in Pinellas County’s Circuit Court system. Attorney Nicholas T. Smith from Rubenstein Law P.A., representing Richard Agnew III in this matter is advocating for a jury trial on all issues presented within this lawsuit against Michael Vivio and Beth Vivio.
Source: 25005959CI_Richard_Agnew_v_Michael_Vivio_Complaint_Pinellas_County_Florida.pdf
