ST. LUCIE COUNTY, Fla. — Al Thomas and his family won't forget what happened on the banks of a nearby retention pond on Feb. 20, 2023.
Their neighbor, Gloria Serge, walked her dog when a large alligator lunged out of the pond.
"He grabbed her leg, and he dragged her in, and they do that spinning," said Thomas of the attack that killed the 85-year-old woman.
Serge's adult children are now suing the Wynne Building Corp., the company named in the lawsuit as the "management company that operates Spanish Lakes Fairways."
"This incident was 100% preventable," attorney Gary Lesser said.
Lesser represents the Serge family.
Their lawsuit alleges Spanish Lakes Fairways "failed to take any reasonable steps to remove (alligators) or to warn residents and invitees … about their existence; or the danger they posed."
Did the complex address the allegations mentioned in the lawsuit?
The suit accuses Wynne Building Corp. of "failing to provide residents … with any warnings regarding the existence of alligators in the retention pond."
Thomas said he never saw a sign in the entire complex warning of alligators.
"You find them when you see them," Thomas said. "You know, the alligators."
On Jan. 25, WPTV went to the pond in Spanish Lakes Fairways where the 2023 deadly attack took place. That was the day the lawsuit was filed. There was no sign warning of alligators.
WPTV returned on March 14 and again there were no warning signs.
WPTV returned again on March 26, and in the spots that had been devoid of signs, WPTV found "Beware of Alligators" signage up. They were erected between March 14 and 26, 13 months after the death of Gloria Serge.
The suit also claimed Spanish Lakes Fairways "insisted Ms. Serge walk her small dog … on her own property … despite the fact (it) … meant that she would be walking her pet near the retention pond where they knew large, nuisance alligators existed."
So why was she walking her dog at the water's edge? Signs along the roadside warn pet owners where they cannot take their dogs.
The Serge family's lawsuit lawyer said she received a "Notice of Intent to Proceed for Eviction" in 2020, for "complaints about you walking your dog in non-approved areas."
Spanish Lakes Fairways Homeowner's Association president Jay Mandelker said he told a Wynne Building Corp. executive not to have the word "eviction" in its letters to residents who break the rules.
"It should be a warning, please comply with your lease agreement," Mandelker said.
WPTV tried to reach Wynne Building Corp. on the day the lawsuit was filed and later contacted them by phone and email to see what the company has done since Serge's death.
The company's lawyer returned WPTV's email in writing: "We have no comment."
The suit alleges the company failed "to make 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."
Shortly after Serge's death, Florida Fish and Wildlife Conservation Commission officers trapped and put down the alligator that killed Serge. The agency said it removed three other adult alligators.
"The little ones are still floating around," Thomas said. "But hopefully they'll take them out as they grow up."
The FWC manual reads: "An alligator may be considered a nuisance if it is at least 4 feet in length and are considered to be a threat to people, pets, and property."
The HOA president hopes neighbors report gators who grow larger or adults who migrate to these ponds.
"If there's water, expect alligators," Mandelker noted.
