IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 12-xxxx-xx
L.E..C.,
Plaintiff,
vs.
GRE 800 BRICKELL, L.P., a foreign limited partnership,
STILES CORPORATION d/b/a STILES PROPERTY MANAGEMENT, a Florida corporation and
SCHINDLER ELEVATOR CORPORATION, a foreign corporation.
Defendants.
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COMPLAINT
The Plaintiff, L.E.C., sues the Defendants, GRE 800 BRICKELL, L.P., (“GRE”) a foreign limited partnership, STILES CORPORATION d/b/a STILES PROPERTY MANAGEMENT, (“STILES”) a Florida corporation and SCHINDLER ELEVATOR CORPORATION, (“SCHINDLER”) a foreign corporation and alleges:
1. This is an action for damages in excess of $15,000.00, exclusive of interest, costs, and attorney’s fees.
2. As of April 6, 2009, Plaintiff was employed by Frank Crystal Co., Inc., and the offices of Frank Crystal Co., were at an office building located at 800 Brickell Avenue, Miami, Florida which was owned by the Defendant, GRE.
3. At all material times hereto, Defendant, SCHINDLER, was a foreign corporation that was conducting substantial business in the State of Florida and has committed a tort in this State.
4. At all material times hereto, Defendant, STILES, was a Florida corporation that had entered into a contract with GRE to be the property manager for the building located at 800 Brickell Avenue, Miami, Florida (“PREMISES”) and STILES was responsible for the maintenance and care of the PREMISES, including the elevators available for the use of the public and tenants.
5. At all material times hereto, Defendant, SCHINDLER, entered into a contract to perform elevator maintenance at the PREMISES.
6. On April 6, 2009, Plaintiff sustained injuries after being caused to fall as a result of a malfunctioning elevator on the PREMISES. COUNT I NEGLIGENCE AGAINST GRE
7. On April 6, 2009, Plaintiff, while in the course and scope of his employment and as an invitee on the PREMISES, fell and injured himself when he unknowingly stepped into an elevator which had come to rest several inches below where it should have stopped.
8. The Defendant, GRE, was negligent in causing the subject incident in that: (a) It failed to maintain the elevator in a reasonably safe condition;
(b) It failed to reasonably inspect the elevator and safely operate and maintain the elevator pursuant to section 399.02(5)(b), Fla. Stat.; and
(c) It failed to adequately repair, or cause another to repair, the elevator after having been advised of numerous instances of malfunctioning.
9. As a result of the negligence of the Defendant, GRE, Plaintiff suffered permanent bodily injury, pain and suffering, disability, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care treatment and treatment, loss of earnings, loss of ability to earn money in the future and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will continue to suffer damages in the future.
WHEREFORE Plaintiff demands judgment against Defendant, GRE, for compensatory damages and further demands a trial by jury of all issues so triable. COUNT II NEGLIGENCE AGAINST SCHINDLER
10. On April 6, 2009, Plaintiff, while in the course and scope of his employment and as an invitee on the PREMISES, fell and injured himself when he unknowingly stepped into an elevator which had come to rest several inches below where it should have stopped.
11. The Defendant, SCHINDLER, was negligent in causing the subject incident in that:
(a) It failed to maintain the elevator in a reasonably safe condition;
(b) It failed to reasonably inspect the elevator and safely operate and maintain the elevator pursuant to section 399.02(5)(b), Fla. Stat.; and
(c) It failed to adequately repair, or cause another to repair, the elevator after having been advised of numerous instances of malfunctioning.
12. As a result of the negligence of the Defendant, SCHINDLER, Plaintiff suffered permanent bodily injury, pain and suffering, disability, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care treatment and treatment, loss of earnings, loss of ability to earn money in the future and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will continue to suffer damages in the future.
WHEREFORE Plaintiff demands judgment against Defendant, SCHINDLER, for compensatory damages and further demands a trial by jury of all issues so triable.
COUNT III NEGLIGENCE AGAINST STILES
13. On April 6, 2009, Plaintiff, while in the course and scope of his employment and as an invitee on the PREMISES, fell and injured himself when he unknowingly stepped into an elevator which had come to rest several inches below where it should have stopped.
14. The Defendant, STILES, was negligent in causing the subject incident in that:
(a) It failed to maintain the elevator in a reasonably safe condition;
(b) It failed to reasonably inspect the elevator and safely operate and maintain the elevator pursuant to section 399.02(5)(b), Fla. Stat.; and
(c) It failed to adequately repair, or cause another to repair, the elevator after having been advised of numerous instances of malfunctioning.
15. As a result of the negligence of the Defendant, STILES, Plaintiff suffered permanent bodily injury, pain and suffering, disability, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care treatment and treatment, loss of earnings, loss of ability to earn money in the future and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will continue to suffer damages in the future.
WHEREFORE Plaintiff demands judgment against Defendant, STILES, for compensatory damages 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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