Preview
we" CASE NUMBER: 502021CA004483XXXXMB Div: AB ****
Filing # 124384402 E-Filed 04/06/2021 11:17:29 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
Enrique Hernandez Vera,
Plaintiff,
Vv
Home Depot U.S.A.,, inc.,
Defendant. CASE NO.:
/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
The Plaintiff, Enrique Hernandez Vera, by and through the undersigned counsel, hereby
sues the Defendant, Home Depot U.S.A., Inc., and alleges as follows:
1. This is an action for damages which exceeds seventy-five thousand dollars and
zero cents ($75,000.00), exclusive of interest and costs, and otherwise within this Court’s
jurisdictional limits.
2. At all times material hereto, the Plaintiff, Enrique Hernandez Vera, was and is a
citizen and domicile of Palm Beach County, Florida, and is otherwise sui juris.
3. At all times material hereto, the Defendant, Home Depot, U.S.A., Inc., was and is
a Foreign Profit Corporation and a citizen of Delaware, actively doing business in Palm Beach
County, Florida.
4, Venue is proper in this County in that the Defendant does business in Palm Beach
County, Florida, and/or all of the acts complained of herein occurred in Palm Beach County,
Florida.
CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED ANAINGINAN 44.47-90 ANA
Pn. PAL DUA VUUINE TT, PL, JUOL IE mDnuecy, ULUIAN, UtUUZue! nie mi5. That at all times material hereto, and specifically on August 23, 2020, Defendant,
Home Depot U.S.A., Inc., owned, managed, controlled, operated, and/or maintained the
premises located at 4241 Lake Worth Road, Lake Worth, FL 33461, in Palm Beach County.
6. That on August 23, 2020, the Plaintiff, Enrique Hernandez Vera, was a business
invitee of the Defendant, Home Depot, U.S.A., Inc.’s premises located at 4241 Lake Worth Road,
Lake Worth, FL 33461.
7. That on August 23, 2020, while the Plaintiff, Enrique Hernandez Vera, was lawfully
in the Defendant’s outdoor/exterior garden department, he slipped and fell on a liquid
substance.
8. That the Defendant owed to its business invitees a duty to provide a reasonably
safe environment.
9. That the Defendant, its agents, servants or employees, breached its duty owed to
the Plaintiff by negligently maintaining its premises in the following manner:
a. By failing to maintain the floor of the premises in a reasonably safe
condition, to wit, allowing liquid substances to accumulate on the floor, and to prevent
dangerous conditions from occurring; and/or
b. By failing to warn of the dangerous condition that existed at the time of
the Plaintiffs incident; and/or
c. Failing to reasonably place barricades, wet floor signs, or other marking
devices utilized to alert customers such as the Plaintiff of the dangerous condition that existed at
the time of Plaintiff's incident; and/ord. By failing to remove the liquid substance from the floor of the premises
prior to Plaintiff's incident; and/or
e. Was otherwise negligent in the care, maintenance, and upkeep of the
premises.
10. That the Defendant knew or in the exercise of reasonable care should have known
of the existence of the hazardous and dangerous condition which constituted a dangerous
condition to the Plaintiff; and/or the condition had existed for a sufficient length of time that the
Defendant knew or should have known of the condition and could have easilv remedied it: and/or
that the hazardous and dangerous condition which constituted a dangerous condition to the
Plaintiff occurred with such regularity that the Defendant should have known of its existence.
11. As a direct and proximate result of the aforementioned negligence of the
Defendant, Home Depot U.S.A., Inc., the Plaintiff, Enrique Hernandez Vera, slipped and fell ona
liquid substance and sustained severe, grievous and permanent injuries, physical and mental pain
and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss
of capacity for the enjoyment of life, loss of earnings and impairment of earning capacity, and/or
permanent aggravation of a pre-existing condition, and further incurred hospital bills, medical
bills, and/or other bills as a result of said injuries. These injuries are either permanent or
continuing in their nature and the Plaintiff, Enrique Hernandez Vera, will suffer the losses into
the future.
WHEREFORE, Plaintiff, Enrique Hernandez Vera, hereby demands judgment for damages,
costs and interest from the Defendant, Home Depot U.S.A., Inc., together with whatever other
relief the Court deems just and appropriate.DEMAND FOR JURY TRIAL
The Plaintiff, Enrique Hernandez Vera, hereby demands trial by jury of all issues so
triable as a matter of right.
Dated this day of April, 2021.
By:
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
250 S. Australian Ave
Suite 1000
West Palm Beach, FL 33401
Phone: (305) 661-6000
Fax: (305) 670-7555
Email: jkirby@rubensteinlaw.com
atello@rubensteinlaw.com
eservice@rubensteinlaw.com
/s/ Jordan Kirby
INPNAAL Indy
JUNVANIN RINDT
Florida Bar No.: 67217
Preview
we" CASE NUMBER: 502021CA004483XXXXMB Div: AB **** Filing # 124384402 E-Filed 04/06/2021 11:17:29 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Enrique Hernandez Vera, Plaintiff, Vv Home Depot U.S.A.,, inc., Defendant. CASE NO.: / COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL The Plaintiff, Enrique Hernandez Vera, by and through the undersigned counsel, hereby sues the Defendant, Home Depot U.S.A., Inc., and alleges as follows: 1. This is an action for damages which exceeds seventy-five thousand dollars and zero cents ($75,000.00), exclusive of interest and costs, and otherwise within this Court’s jurisdictional limits. 2. At all times material hereto, the Plaintiff, Enrique Hernandez Vera, was and is a citizen and domicile of Palm Beach County, Florida, and is otherwise sui juris. 3. At all times material hereto, the Defendant, Home Depot, U.S.A., Inc., was and is a Foreign Profit Corporation and a citizen of Delaware, actively doing business in Palm Beach County, Florida. 4, Venue is proper in this County in that the Defendant does business in Palm Beach County, Florida, and/or all of the acts complained of herein occurred in Palm Beach County, Florida. CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED ANAINGINAN 44.47-90 ANA Pn. PAL DUA VUUINE TT, PL, JUOL IE mDnuecy, ULUIAN, UtUUZue! nie mi5. That at all times material hereto, and specifically on August 23, 2020, Defendant, Home Depot U.S.A., Inc., owned, managed, controlled, operated, and/or maintained the premises located at 4241 Lake Worth Road, Lake Worth, FL 33461, in Palm Beach County. 6. That on August 23, 2020, the Plaintiff, Enrique Hernandez Vera, was a business invitee of the Defendant, Home Depot, U.S.A., Inc.’s premises located at 4241 Lake Worth Road, Lake Worth, FL 33461. 7. That on August 23, 2020, while the Plaintiff, Enrique Hernandez Vera, was lawfully in the Defendant’s outdoor/exterior garden department, he slipped and fell on a liquid substance. 8. That the Defendant owed to its business invitees a duty to provide a reasonably safe environment. 9. That the Defendant, its agents, servants or employees, breached its duty owed to the Plaintiff by negligently maintaining its premises in the following manner: a. By failing to maintain the floor of the premises in a reasonably safe condition, to wit, allowing liquid substances to accumulate on the floor, and to prevent dangerous conditions from occurring; and/or b. By failing to warn of the dangerous condition that existed at the time of the Plaintiffs incident; and/or c. Failing to reasonably place barricades, wet floor signs, or other marking devices utilized to alert customers such as the Plaintiff of the dangerous condition that existed at the time of Plaintiff's incident; and/ord. By failing to remove the liquid substance from the floor of the premises prior to Plaintiff's incident; and/or e. Was otherwise negligent in the care, maintenance, and upkeep of the premises. 10. That the Defendant knew or in the exercise of reasonable care should have known of the existence of the hazardous and dangerous condition which constituted a dangerous condition to the Plaintiff; and/or the condition had existed for a sufficient length of time that the Defendant knew or should have known of the condition and could have easilv remedied it: and/or that the hazardous and dangerous condition which constituted a dangerous condition to the Plaintiff occurred with such regularity that the Defendant should have known of its existence. 11. As a direct and proximate result of the aforementioned negligence of the Defendant, Home Depot U.S.A., Inc., the Plaintiff, Enrique Hernandez Vera, slipped and fell ona liquid substance and sustained severe, grievous and permanent injuries, physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, loss of earnings and impairment of earning capacity, and/or permanent aggravation of a pre-existing condition, and further incurred hospital bills, medical bills, and/or other bills as a result of said injuries. These injuries are either permanent or continuing in their nature and the Plaintiff, Enrique Hernandez Vera, will suffer the losses into the future. WHEREFORE, Plaintiff, Enrique Hernandez Vera, hereby demands judgment for damages, costs and interest from the Defendant, Home Depot U.S.A., Inc., together with whatever other relief the Court deems just and appropriate.DEMAND FOR JURY TRIAL The Plaintiff, Enrique Hernandez Vera, hereby demands trial by jury of all issues so triable as a matter of right. Dated this day of April, 2021. By: RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 250 S. Australian Ave Suite 1000 West Palm Beach, FL 33401 Phone: (305) 661-6000 Fax: (305) 670-7555 Email: jkirby@rubensteinlaw.com atello@rubensteinlaw.com eservice@rubensteinlaw.com /s/ Jordan Kirby INPNAAL Indy JUNVANIN RINDT Florida Bar No.: 67217