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Filing # 157960519 E-Filed 09/22/2022 02:29:38 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
OSVALDO PEREZ,
Plaintiff,
v. CASE NO.:
COIS FAMILY PARTNERS, LLC,
Defendant.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, OSVALDO PEREZ, by and through the undersigned attorneys, sues the
Defendant, COIS FAMILY PARTNERS, LLC, and alleges:
1. This is an action for damages that exceed $30,000, exclusive of costs and interest.
2. At all times herein mentioned, Defendant, COIS FAMILY PARTNERS, LLC, is
now, and at all times herein mentioned was, a corporation duly organized and existing under
the laws of the State of Florida and duly authorized and licensed to do business in the State of
Florida.
3. On or about December 17, 2021, Defendant, COIS FAMILY PARTNERS, LLC,
owned, operated, managed and/or controlled the strip mall with a business address of 13451
McGregor Blvd, Fort Myers, Florida, including the sidewalks thereon.
4. One of the restaurants on said premises was Blu Sushi.
5. On or about December 17, 2021, Plaintiff, OSVALDO PEREZ, was picking up
an order at the Blu Sushi at the subject strip mall and was therefore an invitee on the subject
property.
6. On or about the evening of December 17, 2021, Plaintiff, OSVALDO PEREZ,
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was leaving the Blu Sushi and was walking on the sidewalk depicted below when he tripped
and fell on the uneven area of sidewalk which created an abrupt change in elevation and a
tripping hazard.
7. The uneven sidewalk created an abrupt change in elevation in a walking surface
and constituted an unreasonably dangerous condition.
8. Furthermore, Defendant’s failure to have lighting and/or failure to have proper
lighting in the area to illuminate the walkway contributed to the unreasonably dangerous
condition.
9. At all times material to this cause of action Defendant, COIS FAMILY
PARTNERS, LLC, as owner, operator, manager, or entity in actual control of said premises,
had a non-delegable duty of reasonable care to maintain the premises in a reasonably safe
condition for the safety of invitees on the premises.
10. Defendant, COIS FAMILY PARTNERS, LLC, its agents, servants and/or
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employees, acted negligently by failing to exercise reasonable care by, among other things:
a. Failing to provide a safe place for their invitees;
b. Creating an unreasonably dangerous condition;
c. Carelessly and negligently permitting and allowing a condition to remain on
the premises which involved unreasonable risk of harm to another person;
d. Failing to inspect, discover and correct the aforementioned dangerous
condition;
e. Carelessly and negligently failing to take reasonable precautions to guard or
protect Plaintiff against said dangerous or hazardous condition; and,
f. Failing to properly warn Plaintiff of the dangerous condition or to provide
proper protection against same.
11. Defendant, COIS FAMILY PARTNERS, LLC, knew, or in the exercise of
reasonable care should have known, of the existence of the dangerous and hazardous
condition as described above, and Defendant was negligent in not eliminating said dangerous
condition.
12. As a result, Plaintiff, OSVALDO PEREZ, suffered bodily injury and resulting
pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, aggravation of a previously existing condition, expense of hospitalization,
and numerous medical expenses. The losses are permanent and continuing in nature and the
Plaintiff will suffer such losses in the future.
WHEREFORE, Plaintiff, OSVALDO PEREZ, sues the Defendant, COIS FAMILY
PARTNERS, LLC, for compensatory damages in an amount in excess of $30,000, exclusive
of interest and costs, and demands a trial by jury of all issues triable as of right by a jury.
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GOLDSTEIN, BUCKLEY, CECHMAN,
RICE & PURTZ, P.A.
Attorneys for Plaintiff
1515 Broadway
PO Box 2366
Ft. Myers, FL 33902-2366
239-334-1146
By: /s/ CHRISTOPHER J. SMITH
CHRISTOPHER J. SMITH
Florida Bar No. 0046260
CJS@gbclaw.com
CJSservice@gbclaw.com
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Filing # 157960519 E-Filed 09/22/2022 02:29:38 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION OSVALDO PEREZ, Plaintiff, v. CASE NO.: COIS FAMILY PARTNERS, LLC, Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, OSVALDO PEREZ, by and through the undersigned attorneys, sues the Defendant, COIS FAMILY PARTNERS, LLC, and alleges: 1. This is an action for damages that exceed $30,000, exclusive of costs and interest. 2. At all times herein mentioned, Defendant, COIS FAMILY PARTNERS, LLC, is now, and at all times herein mentioned was, a corporation duly organized and existing under the laws of the State of Florida and duly authorized and licensed to do business in the State of Florida. 3. On or about December 17, 2021, Defendant, COIS FAMILY PARTNERS, LLC, owned, operated, managed and/or controlled the strip mall with a business address of 13451 McGregor Blvd, Fort Myers, Florida, including the sidewalks thereon. 4. One of the restaurants on said premises was Blu Sushi. 5. On or about December 17, 2021, Plaintiff, OSVALDO PEREZ, was picking up an order at the Blu Sushi at the subject strip mall and was therefore an invitee on the subject property. 6. On or about the evening of December 17, 2021, Plaintiff, OSVALDO PEREZ, Page 1 of 4 eFiled Lee County Clerk of Courts Page 1 was leaving the Blu Sushi and was walking on the sidewalk depicted below when he tripped and fell on the uneven area of sidewalk which created an abrupt change in elevation and a tripping hazard. 7. The uneven sidewalk created an abrupt change in elevation in a walking surface and constituted an unreasonably dangerous condition. 8. Furthermore, Defendant’s failure to have lighting and/or failure to have proper lighting in the area to illuminate the walkway contributed to the unreasonably dangerous condition. 9. At all times material to this cause of action Defendant, COIS FAMILY PARTNERS, LLC, as owner, operator, manager, or entity in actual control of said premises, had a non-delegable duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of invitees on the premises. 10. Defendant, COIS FAMILY PARTNERS, LLC, its agents, servants and/or Page 2 of 4 eFiled Lee County Clerk of Courts Page 2 employees, acted negligently by failing to exercise reasonable care by, among other things: a. Failing to provide a safe place for their invitees; b. Creating an unreasonably dangerous condition; c. Carelessly and negligently permitting and allowing a condition to remain on the premises which involved unreasonable risk of harm to another person; d. Failing to inspect, discover and correct the aforementioned dangerous condition; e. Carelessly and negligently failing to take reasonable precautions to guard or protect Plaintiff against said dangerous or hazardous condition; and, f. Failing to properly warn Plaintiff of the dangerous condition or to provide proper protection against same. 11. Defendant, COIS FAMILY PARTNERS, LLC, knew, or in the exercise of reasonable care should have known, of the existence of the dangerous and hazardous condition as described above, and Defendant was negligent in not eliminating said dangerous condition. 12. As a result, Plaintiff, OSVALDO PEREZ, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, aggravation of a previously existing condition, expense of hospitalization, and numerous medical expenses. The losses are permanent and continuing in nature and the Plaintiff will suffer such losses in the future. WHEREFORE, Plaintiff, OSVALDO PEREZ, sues the Defendant, COIS FAMILY PARTNERS, LLC, for compensatory damages in an amount in excess of $30,000, exclusive of interest and costs, and demands a trial by jury of all issues triable as of right by a jury. Page 3 of 4 eFiled Lee County Clerk of Courts Page 3 GOLDSTEIN, BUCKLEY, CECHMAN, RICE & PURTZ, P.A. Attorneys for Plaintiff 1515 Broadway PO Box 2366 Ft. Myers, FL 33902-2366 239-334-1146 By: /s/ CHRISTOPHER J. SMITH CHRISTOPHER J. SMITH Florida Bar No. 0046260 CJS@gbclaw.com CJSservice@gbclaw.com Page 4 of 4 eFiled Lee County Clerk of Courts Page 4