BOCA RATON, FL — A woman who uses a motorized scooter has filed a civil negligence lawsuit against three companies and community associations tied to Century Village in Boca Raton, alleging that the lack of a safe pedestrian pathway from a friend's condominium building forced her onto a road shoulder where she was struck by a vehicle, according to a newly filed complaint in Palm Beach County Circuit Court.
The lawsuit, Gertz v. Cen-West Communities, Inc., Cen-West Community Services and Facilities Association, Inc., and Rexford at Century Village Condominium Association, Inc., was filed on June 29, 2026 in the 15th Judicial Circuit in and for Palm Beach County, court records show. The case carries case number 50-2026-CA-007278-XXXA-MB and was assigned to the Circuit Civil Central division. The plaintiff, Marla Gertz, is represented by Brian M. Rodier of Rodier & Rodier, P.A., of Hallandale.
The complaint alleges negligence against all three defendants and seeks damages in excess of the court's minimum jurisdictional threshold of $50,000, exclusive of interest and costs. The filing demands a jury trial on all issues so triable.
According to the complaint, Gertz was leaving a friend's unit at Rexford A within Century Village on the evening of March 27, 2026, with the intention of traveling home to her own condominium at Wolverton A in the adjacent subdivision. The filing states she was using her motorized scooter due to a disability and was headed toward the main community pedestrian path that runs along New England Boulevard.
The complaint states that Gertz turned left after exiting the Rexford A property and traveled along the left shoulder of the Rexford subdivision roadway. Before reaching the main pedestrian path, the lawsuit alleges, she was run over by a vehicle heading into the Rexford subdivision and severely injured.
The lawsuit alleges that the defendants owed a duty to maintain the Rexford subdivision in a safe manner for pedestrians and were aware that many residents of the retirement community rely on mobility devices. According to the complaint, the only dedicated pedestrian route connecting the Rexford subdivision to the main community path ran parallel to the roadway near the Rexford C building on the opposite side of the community, which the filing alleges would have required Gertz to cross an active roadway without a marked crosswalk.
The complaint alleges that a paved opening along the Rexford road was created without crosswalk markings or driver signage, leaving residents in wheelchairs or on scooters with what the filing describes as two unreasonable choices: use the shoulder of the road, or cross an active roadway with no crosswalk. The lawsuit alleges this design was both negligent and reckless.
The complaint further alleges that a neighboring subdivision within Century Village, identified in the filing as Newcastle and described as a mirror image of Rexford, has bilateral pedestrian pathways in place. The filing alleges the Rexford A side of the subdivision had the land and space to accommodate a similar path but that none was built.
Gertz alleges she suffered bodily injuries, pain and suffering, disability, disfigurement, mental anguish, medical and hospital expenses, rehabilitation expenses, and loss of the enjoyment of life as a result of the alleged negligence. The lawsuit seeks compensatory damages and taxable costs.
Court records show the case was assigned to the Circuit Civil Central division on June 30, 2026 and designated for the general track with a jury trial order noted on the docket. The docket also reflects notices from the clerk directing the plaintiff's counsel to correct and resubmit the summons after it was initially filed without an Americans with Disabilities Act notice in all three required languages.
The filing reviewed by Boca Post does not include a response from any defendant. The allegations in the complaint have not been proven in court.
Boca Post reviewed the complaint, Gertz v. Cen-West Communities, Inc., et al., Case No. 50-2026-CA-007278-XXXA-MB, filed June 29, 2026 in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County.
New civil lawsuits are filed across Palm Beach County courts each week. Boca Post reports on those filings in its Boca Raton lawsuits coverage.
