Negligence Complaint – Personal Injury

IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

CASE NO.: 00-xxxx (xx)

C.C.,
                            Plaintiff,
  vs.

BOCA RESORTS, INC., and
SCHNUPP  MANUFACTURING COMPANY, INC.,
  Defendants.
__________________________________/ 

COMPLAINT

The Plaintiff, C.C., sues the Defendants, BOCA RESORTS, INC., and SCHNUPP MANUFACTURING COMPANY, INC. , and alleges:

1.  This is an action for damages in excess of $15,000.00, exclusive of interest and costs.                   .

COUNT I

NEGLIGENCE AGAINST BOCA RESORTS, INC.

2.  On or about March 29, 2002, Defendant was a guest at the Boca Raton Resort and Club, owned by the Defendant, BOCA RESORTS, INC., in Palm Beach County, Florida.

3.   At the beach portion of Defendant’s facility, an employee of the Defendant, during the course and scope of his employment, set up a beach umbrella for Plaintiff’s use.

4.  When a gust of wind blew, the umbrella snapped in half and a portion of the umbrella struck Plaintiff’s right foot, causing permanent injury.

5.  The Defendant, BOCA RESORTS, INC., was negligent in causing the subject incident in that:

(a)   It failed to inspect or maintain the subject umbrella and attendant parts; and

    (b) Defendant’s employee improperly installed the subject beach umbrella; and

(c) The subject beach umbrella should not have been utilized in the wind conditions that existed on the day of the incident; and

(d)   Defendant knew or should have known that the beach umbrella was not reasonably fit for the use intended.

6.   As a result of the negligence of Defendant, BOCA RESORTS, INC., the Plaintiff was injured in and about her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of her injuries, and suffered physical handicap, and/or aggravation of a previously existing condition.  As Plaintiff’s injuries are permanent and continuing in nature, Plaintiff will continue to suffer losses and impairment in the future.

WHEREFORE Plaintiff demands judgment for compensatory damages against the Defendant, BOCA RESORTS, INC., and further demands a trial by jury of all issues so triable.

COUNT II

STRICT LIABILITY AGAINST BOCA RESORTS, INC. AND SCHNUPP MANUFACTURING COMPANY, INC.

The Plaintiff, C.C., sues the Defendants, BOCA RESORTS, INC., and SCHNUPP MANUFACTURING COMPANY, INC. , and alleges:

7.    On or about March 29, 2002, Defendant was a guest at the Boca Raton Resort and Club, owned by the Defendant, BOCA RESORTS, INC., in Palm Beach County, Florida.

8.   At the beach portion of Defendant’s facility, an employee of the Defendant, during the course and scope of his employment, set up a beach umbrella for Plaintiff’s use.

9.   When a gust of wind blew, the umbrella snapped in half and a portion of the umbrella struck Plaintiff’s right foot, causing permanent injury.

10.   The beach umbrella supplied/rented to Plaintiff while at the Boca Resort and Club was manufactured, distributed and/or sold by the Defendant, SCHNUPP MANUFACTURING COMPANY, INC.

11.    The beach umbrella was in a condition unreasonably dangerous to the users when it was manufactured, distributed or sold by Defendant, SCHNUPP MANUFACTURING COMPANY, INC., and also when it was provided for Plaintiff’s use as it did not perform as safely as an ordinary consumer would expect when used in the manner intended or reasonably foreseeable in that:

(a) It was not designed to withstand the wind conditions that existed ; and

(b) It was manufactured with a defect in the wood or other part of the beach umbrella which caused the umbrella to snap or break under foreseeable conditions; and

(c) It was improperly assembled; and

(d) There were insufficient warnings or instructions pertaining to its use.

12.     At the time that the beach umbrella was supplied/rented to the Plaintiff, it was not reasonably fit for the use intended as it broke during foreseeable conditions.

13.   As a result of the defective condition of the umbrella, the Plaintiff was injured in and about her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of her injuries, and suffered physical handicap, and/or aggravation of a previously existing condition.  As Plaintiff’s injuries are permanent and continuing in nature, Plaintiff will continue to suffer losses and impairment in the future.

WHEREFORE Plaintiff demands judgment for compensatory damages against the Defendants, BOCA RESORTS, INC., and  SCHNUPP MANUFACTURING COMPANY, INC.,  and further demands a trial by jury of all issues so triable.

LAW OFFICE OF ALAN D. SACKRIN
Attorney for Plaintiff(s)
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649

By______________________________
ALAN D. SACKRIN
Florida Bar No. 349070

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The above pleading is a sample of Alan Sackrin’s 30-plus years of injury litigation experience.  To learn more about Alan Sackrin, click on this link:  Florida Personal Injury Lawyer

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The pleading above is a sample document related to a specific set of facts and circumstances and should not be used or relied upon for any personal injury matter.
We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.