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Filing # 148969484 E-Filed 05/04/2022 04:11:13 PM
IN THE CIRCUIT COURT FOR THE SIXTH
_I
JUDICIAL CIRCUIT IN AND FOR PINELLAS
COUNTY, FLORIDA
RENOT LAPOINTE,
Plaintiff,
vs. Case No.: 22-CA-000641-CI
WEEKLEY HOMES, LLC, FCA CONSTRUCTION & SONS, INC.,
SHANE JOHNSON, and DUKE ENERGY FLORIDA, LLC
Defendants.
DEFENDANT’S, FCA CONSTRUCTION & SONS, INC. MOTION FOR MORE
DEFINITE STATEMENT
COMES NOW, Defendant, FCA CONSTRUCTION & SONS, INC., by and through its
undersigned counsel and files its Motion for More Definite Statement, and as good cause in
support thereof, states as follows:
1. The allegations of Plaintiff s complaint indicate that FCA CONSTRUCTION & SONS,
INC. was the employer of Plaintiff at the time of the accident. As such. Defendant enjoys
worker’s compensation immunity.
2. The factual allegations that are pled in the Complaint do not indicate that this Defendant
acted in any manner that would deprive it of worker’s compensation immunity. Plaintiff
attempts to work around the worker’s compensation immunity with vague terminology
taken directly from Florida Statute 440.11.
3. Plaintiff, in paragraph 66, states “OSHA of hazard” as justification
for piercing worker’s compensation immunity. Defendant FCA CONSTRUCTION &
SONS, INC., requests a more definite statement of what OSHA Violations Plaintiff claims
00555814.D0CX
***ELECTRONICALLY FILED 05/04/2022 04:11:13 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
as justification for piercing worker’s compensation immunity, as not all OSHA standards
are a basis to abrogate immunity. See Kennedy v. Moree, 650 So. 2d 1102 (Fla. 4th DCA
1995). This Defendant also requests a more definite statement of what “knowledge of
hazard” Defendant possessed that Plaintiff claims is justification for piercing worker’s
compensation immunity. Mere knowledge a potential hazard will not pierce worker’s
compensation immunity.
4. Plaintiff, in paragraph 68, alleges that FCA CONSTRUCTION & SONS, INC.
“deliberately concealed or misrepresented the danger so as to prevent LAPOINTE from
exercising informed judgment.” This Defendant requests a more definite statement as to
the alleged concealing or misrepresentations made to Plaintiff, as none is apparent in the
factual allegations of the Complaint.
5. The more definite statement is needed so Defendant can make a determination as to
whether it should answer the Complaint or move to dismiss.
WHEREFORE, Defendant, FCA CONSTRUCTION & SONS, INC., respectfully requests
that this Honorable Court enter an Order requiring Plaintiff to provide a more definite statement as
outlined above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email to E. Lynn Gibbons, Esquire (service@jorgensengibbons.com), JORGENSEN
GIBBONS, P.A., 4455 Central Avenue, St. Petersburg, FL 33713 and Andrew J. Lewis, Esquire
and Terry L. Kors, Jr., Esquire (drew.lewis@qpwblaw.com; terry.kors@qDwblaw.com;
Dinah.bishoD@qpwblaw.com; derrick.jayska@qDwblaw.com), QUINTAIROS, PRIETO, WOOD
& BOYER, P.A., 1410 N. Westshore Blvd., Suite 200, Tampa, FL 33607 and David J. Awoleke,
00555814.DOCX
Esquire and Lindsay T. Brigman, Esquire (TPAcrtpleadings@wickersmith.com), WICKER
SMITH O’HARA MCCOY & FORD, P.A, 100 S. Ashley Dr., Suite 1800, Tampa, FL 33602 on
this 4th day of May 2022.
IRE
jmbef?358169
^MAN JENSEN, P.A.
SoiUhState Bank Building, Second Floor
1815 Little Road
Trinity, Florida 34655
Phone (727)723-3772
Fax (727)723-1421
Attorney for Defendants
Primary E-mail: service@unicesalzman.com
Secondary e-mails: ijensen@unicesalzman.com
00555814.DOCX
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Filing # 148969484 E-Filed 05/04/2022 04:11:13 PM IN THE CIRCUIT COURT FOR THE SIXTH _I JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA RENOT LAPOINTE, Plaintiff, vs. Case No.: 22-CA-000641-CI WEEKLEY HOMES, LLC, FCA CONSTRUCTION & SONS, INC., SHANE JOHNSON, and DUKE ENERGY FLORIDA, LLC Defendants. DEFENDANT’S, FCA CONSTRUCTION & SONS, INC. MOTION FOR MORE DEFINITE STATEMENT COMES NOW, Defendant, FCA CONSTRUCTION & SONS, INC., by and through its undersigned counsel and files its Motion for More Definite Statement, and as good cause in support thereof, states as follows: 1. The allegations of Plaintiff s complaint indicate that FCA CONSTRUCTION & SONS, INC. was the employer of Plaintiff at the time of the accident. As such. Defendant enjoys worker’s compensation immunity. 2. The factual allegations that are pled in the Complaint do not indicate that this Defendant acted in any manner that would deprive it of worker’s compensation immunity. Plaintiff attempts to work around the worker’s compensation immunity with vague terminology taken directly from Florida Statute 440.11. 3. Plaintiff, in paragraph 66, states “OSHA of hazard” as justification for piercing worker’s compensation immunity. Defendant FCA CONSTRUCTION & SONS, INC., requests a more definite statement of what OSHA Violations Plaintiff claims 00555814.D0CX ***ELECTRONICALLY FILED 05/04/2022 04:11:13 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** as justification for piercing worker’s compensation immunity, as not all OSHA standards are a basis to abrogate immunity. See Kennedy v. Moree, 650 So. 2d 1102 (Fla. 4th DCA 1995). This Defendant also requests a more definite statement of what “knowledge of hazard” Defendant possessed that Plaintiff claims is justification for piercing worker’s compensation immunity. Mere knowledge a potential hazard will not pierce worker’s compensation immunity. 4. Plaintiff, in paragraph 68, alleges that FCA CONSTRUCTION & SONS, INC. “deliberately concealed or misrepresented the danger so as to prevent LAPOINTE from exercising informed judgment.” This Defendant requests a more definite statement as to the alleged concealing or misrepresentations made to Plaintiff, as none is apparent in the factual allegations of the Complaint. 5. The more definite statement is needed so Defendant can make a determination as to whether it should answer the Complaint or move to dismiss. WHEREFORE, Defendant, FCA CONSTRUCTION & SONS, INC., respectfully requests that this Honorable Court enter an Order requiring Plaintiff to provide a more definite statement as outlined above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email to E. Lynn Gibbons, Esquire (service@jorgensengibbons.com), JORGENSEN GIBBONS, P.A., 4455 Central Avenue, St. Petersburg, FL 33713 and Andrew J. Lewis, Esquire and Terry L. Kors, Jr., Esquire (drew.lewis@qpwblaw.com; terry.kors@qDwblaw.com; Dinah.bishoD@qpwblaw.com; derrick.jayska@qDwblaw.com), QUINTAIROS, PRIETO, WOOD & BOYER, P.A., 1410 N. Westshore Blvd., Suite 200, Tampa, FL 33607 and David J. Awoleke, 00555814.DOCX Esquire and Lindsay T. Brigman, Esquire (TPAcrtpleadings@wickersmith.com), WICKER SMITH O’HARA MCCOY & FORD, P.A, 100 S. Ashley Dr., Suite 1800, Tampa, FL 33602 on this 4th day of May 2022. IRE jmbef?358169 ^MAN JENSEN, P.A. SoiUhState Bank Building, Second Floor 1815 Little Road Trinity, Florida 34655 Phone (727)723-3772 Fax (727)723-1421 Attorney for Defendants Primary E-mail: service@unicesalzman.com Secondary e-mails: ijensen@unicesalzman.com 00555814.DOCX