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COMPLAINT- NEGLIGENT PACKAGING AND MANUFACTURING

COMPLAINT

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

CASE NUMBER: XXXX

ALEXANDER WILLIAMS,

 

Plaintiff,

vs.

 

PATIO INC.

 

Defendants.

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C O M P L A I N T

The Plaintiff, ALEXANDER WILLIAMS, sues the Defendants, PATIO INC., and alleges:

  1. This is an action for damages that exceeds $XX, exclusive of interest, costs, and attorney’s fees.
  2. The Defendants are foreign corporations that conducted business in the state of Florida by selling or distributing furniture in Florida; therefore, they are subject to Florida jurisdiction pursuant to section 48.193, Fla. Stat.

COUNT I

NEGLIGENCE

  1. Defendants were the manufacturers and/or packages and/or distributors and/or successors in interest of certain patio furniture which was sold by Defendants to XX wherein Plaintiff worked in Broward County, Florida.
  2. On XX, 20__, Plaintiff, an employee of XX, was responsible for placing Defendants’ patio set on a shelf well above the ground.
  3. While Plaintiff was attempting to slide the box containing Defendants’ patio furniture onto a shelf, a leg from one of the chairs, unbeknownst to Plaintiff, protruded through the carton, thus preventing Plaintiff from sliding the carton onto the shelf.
  4. In order to rectify the situation, Plaintiff attempted to lift the carton, at which time Plaintiff heard a “pop” in his back.
  5. The Defendants were negligent in the manufacturing, packaging and/or distributing of the patio furniture in that (a) the carton in which the patio furniture was placed was of insufficient strength and quality to prevent the legs of the patio furniture from protruding through the carton; and (b) the patio furniture was too heavy for the packaging in which it was placed.
  6. As a result of the Defendants negligence, Plaintiff, suffered permanent bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and/or permanent aggravation of a pre-existing condition.

WHEREFORE Plaintiff demands judgment against Defendants for compensatory damages and further demands a trial by jury of all issues so triable.

COUNT II

STRICT LIABILITY

Plaintiff further sues the Defendants and alleges:

  1. The patio set, including the manner in which it was packaged for shipment, was defective or unreasonably dangerous when it left the possession of the Defendants in that: (a) The packaging was of insufficient quality and strength to hold the patio furniture during foreseeable conditions of transit.
  2. As a result of the defective condition described above, a leg from one of the chairs of the patio set protruded through the carton while Plaintiff was attempting to slide the box onto a shelf at the XX where Plaintiff worked.
  3. In order to rectify the situation, Plaintiff attempted to lift the carton containing the furniture, at which time Plaintiff heard a “pop” in his back.
  4. As a result of the defective condition of the patio set, Plaintiff, suffered permanent bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and/or permanent aggravation of a pre-existing condition.

WHEREFORE Plaintiff demands judgment against Defendants 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

 

By______________________________

ALAN D. SACKRIN

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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. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced personal injury lawyer for professional advice as each case is unique.

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