A resident who is suing The Villages after allegedly flipping “over the handlebars” of his bicycle when it became lodged in a sewer grate is scheduled to be deposed by attorneys soon.
James Heizer, who lives in the Village of Collier, will be deposed on Nov. 3 in his case against the Sumter Landing Community Development District and The Villages Operating Company.
Heizer, who is being represented by Morgan & Morgan, claims that he was riding his bicycle on “Beauclair Place at or near its intersection with Nottingham Road” in the Village of Osceola Hills on April 13, 2021.
According to the complaint, which was filed in March, Heizer’s bicycle tire allegedly became “lodged in a grate,” causing him to “flip over the handlebars.”
Heizer claims he sustained “significant scarring” and “permanent or continuing” injury and losses from the alleged accident. In addition to a loss of earnings, Heizer says he has endured medical bills and “nursing care and treatment,” among other allegations.
In separate defense filings made by the SLCDD and TVOC in May, both defendants allege Heizer was “solely at fault for any injuries,” loss, or damages alleged.
“Defendant alleges that Plaintiff’s medical bills were not reasonable or necessary,” reads the affirmative defense filing made by The Villages Operating Company on May 23.
Since those filings in May, attorneys for both sides have responded to requests for production and have made a series of additional filings in the case, which is filed in the fifth judicial circuit court of Sumter County.
Heizer’s deposition was originally scheduled for Sept. 20 and was amended two days before its scheduled date to Nov. 3. Heizer is seeking damages “in excess of $50,000, plus interest and costs,” and a trial by jury.
The lawsuit is one of several that have been filed by Villagers this year that have claimed injuries from various incidents.
In another lawsuit filed by a resident against the SLCDD, a Village of Amelia woman claims she sustained “serious injuries” after a rope chain barrier at Lake Sumter Landing that she was leaning against allegedly gave way.
