Bicyclist Sues Florida Resort After He Gets Hurt Riding Under Parking Gate

A man has filed a lawsuit against the owner of a Florida resort after he allegedly got hurt riding his bicycle under an "open" parking gate, according to BocaNewsNow.com.

The lawsuit claims David Whipple, the plaintiff, was riding his bike with his wife at The Boca Raton (known then as the Boca Resort and Club) on October 5, 2020. On their way to the Member's Services Lounge, they noticed the parking gate's barrier arm was up and decided to ride under it, the document says.

Whipple's wife went first and he followed after, but that's when the barrier arm suddenly came down and hit Whipple, causing him to fall off his bike, the suit alleges.

"At no time prior to October 5, 2020, did Defendant warn or attempt to discourage the Plaintiff and the other resort members and guests from riding their bicycles through the access lane while the gate arm was in the elevated or 'up' position," attorneys for Whipple wrote, adding there were no signs discouraging access for bicyclists. They also claim the barrier arm was in the up position on several occasions and passed under it before.

Whipple suffered bodily injury and pain and suffering from the incident, according to the lawsuit. Reporters say he's seeking over $30,000 in damages from the incident.

Neither Boca Raton nor its owners have not put out a statement about the lawsuit.