85-year-old Florida woman killed by alligator was 'forced' to walk dog near 'dangerous' pond, attorneys say
FORT PIERCE, Fla. - The family of the 85-year-old woman who was killed by a more-than-10-foot alligator while walking her dog is suing the retirement community, claiming they knew about the "dangerous" gators in the pond but didn't do anything about it, according to a lawsuit.
Gloria Serge was walking her dog named Trooper along the retention pond behind her home in Spanish Lakes Fairways, a retirement community in Fort Pierce, on Feb. 20, 2023, according to the Serge family's lawyers and the Florida Fish and Wildlife Conservation Commission (FWC). An alligator, measuring over 10 feet long, grabbed onto her leg and dragged her into the water, drowning her.
According to the lawsuit, Serge shouldn't have been walking her dog near this retention pond. Lawyers allege that Spanish Lakes Fairways sent Serge a letter limiting her dog-walking to two areas – a dog park about a mile from her home or her backyard, which was on the border of a community-run pond. Because the dog park was so far and not practical for her to visit several times a day, she was walking in the area behind her home the day she was killed by a gator, the lawsuit said.
"(Spanish Lakes Fairways) encouraged, if not forced, (Serge) to walk her dog near a retention pond that it knew, or should have known, contained large, dangerous alligators," the lawsuit said.
This retention pond, along with others around the community, are "actively managed and regulated" by Spanish Lakes Fairways, the lawsuit said.
"(Spanish Lakes Fairways) knew, or should have known, that the retention pond located directly behind Ms. Serge's residence contained multiple large, dangerous alligators that meet the definition of a nuisance under Florida law," the lawsuit said. Additionally, the community allegedly "failed to take reasonable steps to remove this dangerous condition and instead actually made the condition more dangerous by permitting residents and employees to have regular contact with the alligators."
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According to the Florida Fish and Wildlife Conservation Commission (FWC), an alligator is deemed a nuisance if it's over 4 feet long and the person who reports it believes it poses a threat to people, pets, or property. The FWC's Statewide Nuisance Alligator Program is in place to remove these nuisance alligators when someone is concerned.
Spanish Lakes Fairways failed to "make an arrangement for the trapping and removal of alligators from this retention pond despite the fact that they met the definition of a nuisance, and were therefore eligible for removal" under the FWC's program, the lawsuit continued.
Instead of removing the alligator, Spanish Lakes Fairways maintenance workers "routinely fed this alligator chicken scraps and even named the dangerous reptile ‘Henry,’" attorneys from Lesser, Lesser, Landy & Smith said in a press release, adding that they have evidence to support this claim in court.
"There were no signs posted around the lake warning residents of the presence of an alligator, and the property managers encouraged people to sit near the lake by placing a bench along the shoreline," managing partner Gary S. Lesser said in a news release. "This flies in the face of common sense and warnings from wildlife experts."
The lawsuit said that Serge's survivors – her five children, 15 grandchildren and nine great-grandchildren, have suffered and continue to suffer "lost companionship and protection as well as mental pain and suffering from the date of the loss."
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Photo: Lesser, Lesser, Landy & Smith, PLLC
"Property owners in Florida, and particularly those managing residential communities catering to elderly residents, have a legal and non-delegable duty to identify dangerous conditions on the property, warn those in the vicinity of the danger and take immediate steps to remove the threat," firm partner Joshua D. Ferraro said in a press release. "Unfortunately, the managers at Spanish Lakes Fairways failed to live up to their obligations, and as a direct result, Gloria died a horrible and terrifying death."
Serge's family is seeking damages and a trial by jury.
Spanish Lakes Fairways President Joel Wynne shared the following statement with FOX 35 on Monday:
"We certainly understand the tragedy and the feelings of Mrs. Serge’s family. However, we developed Spanish Lakes Fairways 37 years ago. We have approximately 3,000 residents. This is the very first time where a resident was attacked by an Alligator. Mrs. Serge was a longtime resident and certainly knew of the presence of alligators and that they were inherently dangerous animals."