Preview
Filing # 53548333 E-Filed 03/10/2017 08:33:23 AM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 2016-2292-CA
JAMES REDIC,
Plaintiff,
vs.
VERONAWALK HOMEOWNERS
ASSOCIATION, INC.,
Defendant.
/
PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT
Plaintiff, JAMES REDIC, by and through the undersigned attorneys, hereby moves this
Honorable Court, pursuant to Florida Rule of Civil Procedure 1.190, for an Order permitting
Plaintiff to amend the Complaint to add Southwest Property Management Corporation as a
defendant. A copy of the proposed Amended Complaint is attached as Exhibit A.
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 03/10/2017 04:07:11 PMCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
email, this et. day of March, 2017, to: Kevin W. Crews, Esq. and Michael C. Shue, Esq.,
NAPCRTPLEADINGS@WICKERSMITH.COM, Wicker Smith O'Hara McCoy & Ford, P.A.,
9128 Strada Place, Suite 10200, Naples, FL 34108.
cmb eal, Esquite
FBN 11771
Morgan & Morgan
P.O. Box 9504
Ft. Myers, FL 33906
Telephone: (239) 433-6880
Facsimile: (239) 433-6836
Attorneys for Plaintiff
E-Mail: CBrazzeal@ForThePeople.comIN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
JAMES REDIC, CASE NO: 2016-CA-002292
Plaintiff,
vs.
VERONAWALK HOMEOWNERS
ASSOCIATION, INC. and
SOUTHWEST PROPERTY
MANAGEMENT CORPORATION,
Defendants,
/
AMENDED COMPLAINT
Plaintiff, JAMES REDIC, sues Defendants, VERONAWALK HOMEOWNERS
ASSOCIATION, INC. and SOUTHWEST PROPERTY MANAGEMENT
CORPORATION, and alleges:
COMMON ALLEGATIONS:
1. This is an action for damages that exceeds Fifteen Thousand Dollars
($15,000.00), exclusive of interest, costs, and attorneys' fees.
2. Plaintiff, JAMES REDIC, is a natural person residing in Collier County, Florida.
3. At all times material to this action, Defendant, WERONAWALK
HOMEOWNERS ASSOCIATION, INC., was a corporation licensed to do
business in the State of Florida and was doing business in Collier County, Florida.
4. At all times material to this action, Defendant, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, was a corporation licensed to do business
in the State of Florida and was doing business in Collier County, Florida.
3
FACOUNT I~ NEGLIGENCE OF DEFENDANT, VERONAWALK HOMEOWNERS
ASSOCIATION, INC.
Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as
if fully set out herein, and states as follows:
5.
10.
11.
On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC., was the owner of tennis courts located at 8090 Sorrento
Lane, Naples, Collier County, Florida.
On November 11, 2015, the above-described tennis courts were open to
VERONAWALK HOMEOWNERS ASSOCIATION, INC. _ residents
including the Plaintiff.
On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC., had a non-delegable duty to maintain the above
described premises in a reasonably safe condition for individuals using the
premises including the Plaintiff.
On November 11, 2015, Plaintiff visited the above-described tennis courts for the
purpose of playing tennis.
On November 11, 2015, Plaintiff was lawfully on the above-described tennis
courts owned by Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC.
On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC., owed Plaintiff a non-delegable duty to exercise
reasonable care for his safety while using the above-described tennis courts.
On November 11, 2015 at the above-described location, Plaintiff tripped and fell
over a nail protruding out of the surface of a tennis court and sustained injuries.12.
13.
14,
15.
16.
17.
18.
19.
On November 11, 2015 at the above-described location, the protruding nail on the
tennis court was an unreasonably dangerous condition.
Defendant knew, or should have known through the use of reasonable care, that
the protruding nail on the tennis court was an unreasonably dangerous condition.
Defendant had actual or constructive notice of the unreasonably dangerous
condition of the protruding nail on the tennis court and should have taken action
to remedy it.
Defendant negligently maintained the tennis court by allowing the protruding nail
to exist on the property.
Defendant negligently failed to warn or adequately warn the public, including
Plaintiff, of the unreasonably dangerous condition of the protruding nail on the
tennis court.
Defendant negligently failed to correct or adequately correct the unreasonably
dangerous condition of the protruding nail.
The above-described negligence of Defendant, VERONAWALK
HOMEOWNERS ASSOCIATION, INC., was the proximate cause of the injury
to Plaintiff.
As a direct and proximate result of the negligence of Defendant,
VERONAWALK HOMEOWNERS ASSOCIATION, INC., Plaintiff suffered
bodily injury in and about his body and extremities, resulting in pain and
suffering, disability, disfigurement, permanent and significant scarring, mental
anguish, loss of the capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, medical expenses, loss of earning, loss ofthe ability to earn money, and aggravation of a previously existing condition. The
losses are either permanent or continuing and Plaintiff will suffer the losses in the
future.
20. Venue in Collier County, Florida is proper because the incident occurred in
Collier County, Florida.
WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendant, VERONAWALK
HOMEOWNERS ASSOCIATION, INC., for damages and demands judgment in excess of
Fifteen Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this Court
deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO
TRIABLE.
COUNT I- NEGLIGENCE OF DEFENDANT, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION
Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as
if fully set out herein, and states as follows:
21, On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC., was the owner of tennis courts located at 8090 Sorrento
Lane, Naples, Collier County, Florida.
22. At some time before November 11, 2015, Defendant, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, contracted to provide property management
services to Defendant, VERONAWALK HOMEOWNERS ASSOCIATION,
INC., for property located at 8090 Sorrento Lane, Naples, Collier County, Florida.
23. Asaresult, Defendant, SOUTHWEST PROPERTY MANAGEMENT
CORPORATION, was responsible for maintaining the premises, including tennis
courts, owned by Defendant, VERONAWALK HOMEOWNERS24.
25.
26.
27.
28.
29,
30.
ASSOCIATION, INC., at 8090 Sorrento Lane, Naples, Collier County, Florida on
November 11, 2015.
On November 11, 2015, Defendant, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, had a duty to maintain the above
described premises owned by Defendant, VERONAWALK HOMEOWNERS
ASSOCIATION, INC., in a reasonably safe condition for individuals using the
premises including the Plaintiff.
On November 11, 2015, the above-described tennis courts were open to
VERONAWALK HOMEOWNERS ASSOCIATION, INC. _ residents
including the Plaintiff.
On November 11, 2015, Plaintiff visited the above-described tennis courts for the
purpose of playing tennis.
On November 11, 2015, Plaintiff was lawfully on the above-described tennis
courts owned by Defendant VERONAWALK HOMEOWNERS
ASSOCIATION, INC.
On November 11, 2015, Defendant, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, owed Plaintiff a duty to exercise
reasonable care for his safety while using the above-described tennis courts.
On November 11, 2015 at the above-described location, Plaintiff tripped and fell
over a nail protruding out of the surface of a tennis court and sustained injuries.
On November 11, 2015 at the above-described location, the protruding nail on the
tennis court was an unreasonably dangerous condition.31.
32.
33.
34.
35.
36.
37.
Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION,
knew, or should have known through the use of reasonable care, that the
protruding nail on the tennis court was an unreasonably dangerous condition.
Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION,
had actual or constructive notice of the unreasonably dangerous condition of the
protruding nail on the tennis court and should have taken action to remedy it.
Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION,
negligently maintained the tennis court by allowing the protruding nail to exist on
the property.
Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION,
negligently failed to warn or adequately warn the public, including Plaintiff, of
the unreasonably dangerous condition of the protruding nail on the tennis court.
Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION,
negligently failed to correct or adequately correct the unreasonably dangerous
condition of the protruding nail.
The above-described negligence of Defendant, SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, was the proximate cause of the injury to
Plaintiff.
As a direct and proximate result of the negligence of Defendant, SOUTHWEST
PROPERTY MANAGEMENT CORPORATION, Plaintiff suffered bodily
injury in and about his body and extremities, resulting in pain and suffering,
disability, disfigurement, permanent and significant scarring, mental anguish, loss
of the capacity for the enjoyment of life, expense of hospitalization, medical andnursing care and treatment, medical expenses, loss of earning, loss of the ability to
eam money, and aggravation of a previously existing condition. The losses are
either permanent or continuing and Plaintiff will suffer the losses in the future.
38. Venue in Collier County, Florida is proper because the incident occurred in
Collier County, Florida.
WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendant, SOUTHWEST
PROPERTY MANAGEMENT CORPORATION, for damages and demands judgment in
excess of Fifteen Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this
Court deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO
TRIABLE.
WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendants, VERONAWALK
HOMEOWNERS ASSOCIATION, INC. and SOUTHWEST PROPERTY
MANAGEMENT CORPORATION, for damages and demands judgment in excess of Fifteen
Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this Court deems
just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE.
RESPECTFULLY submitted this day of » 2017.
CHAD T. BRAZZEAL, ESQUIRE
FBN: 11771
Morgan & Morgan
P.O. Box 9504
Ft. Myers, FL 33906
Phone: (239) 433-6880
Facsimile: (239) 433-6836
Attorneys for Plaintiff
E-Mail: cbrazzeal@forthepeople.comCERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
email, this__._ day of March, 2017, to: Kevin W. Crews, Esq. and Michael C. Shue, Esq.,
NAPCRTPLEADINGS@WICKERSMITH.COM, Wicker Smith O'Hara McCoy & Ford, P.A.,
9128 Strada Place, Suite 10200, Naples, FL 34108.
Chad T. Brazzeal, Esquire
FBN 11771
Morgan & Morgan
P.O. Box 9504
Ft. Myers, FL 33906
Telephone: (239) 433-6880
Facsimile: (239) 433-6836
Attorneys for Plaintiff
E-Mail: CBrazzeal@ForThePeople.com
Preview
Filing # 53548333 E-Filed 03/10/2017 08:33:23 AM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 2016-2292-CA JAMES REDIC, Plaintiff, vs. VERONAWALK HOMEOWNERS ASSOCIATION, INC., Defendant. / PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiff, JAMES REDIC, by and through the undersigned attorneys, hereby moves this Honorable Court, pursuant to Florida Rule of Civil Procedure 1.190, for an Order permitting Plaintiff to amend the Complaint to add Southwest Property Management Corporation as a defendant. A copy of the proposed Amended Complaint is attached as Exhibit A. FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 03/10/2017 04:07:11 PMCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by email, this et. day of March, 2017, to: Kevin W. Crews, Esq. and Michael C. Shue, Esq., NAPCRTPLEADINGS@WICKERSMITH.COM, Wicker Smith O'Hara McCoy & Ford, P.A., 9128 Strada Place, Suite 10200, Naples, FL 34108. cmb eal, Esquite FBN 11771 Morgan & Morgan P.O. Box 9504 Ft. Myers, FL 33906 Telephone: (239) 433-6880 Facsimile: (239) 433-6836 Attorneys for Plaintiff E-Mail: CBrazzeal@ForThePeople.comIN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JAMES REDIC, CASE NO: 2016-CA-002292 Plaintiff, vs. VERONAWALK HOMEOWNERS ASSOCIATION, INC. and SOUTHWEST PROPERTY MANAGEMENT CORPORATION, Defendants, / AMENDED COMPLAINT Plaintiff, JAMES REDIC, sues Defendants, VERONAWALK HOMEOWNERS ASSOCIATION, INC. and SOUTHWEST PROPERTY MANAGEMENT CORPORATION, and alleges: COMMON ALLEGATIONS: 1. This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorneys' fees. 2. Plaintiff, JAMES REDIC, is a natural person residing in Collier County, Florida. 3. At all times material to this action, Defendant, WERONAWALK HOMEOWNERS ASSOCIATION, INC., was a corporation licensed to do business in the State of Florida and was doing business in Collier County, Florida. 4. At all times material to this action, Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, was a corporation licensed to do business in the State of Florida and was doing business in Collier County, Florida. 3 FACOUNT I~ NEGLIGENCE OF DEFENDANT, VERONAWALK HOMEOWNERS ASSOCIATION, INC. Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as if fully set out herein, and states as follows: 5. 10. 11. On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., was the owner of tennis courts located at 8090 Sorrento Lane, Naples, Collier County, Florida. On November 11, 2015, the above-described tennis courts were open to VERONAWALK HOMEOWNERS ASSOCIATION, INC. _ residents including the Plaintiff. On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., had a non-delegable duty to maintain the above described premises in a reasonably safe condition for individuals using the premises including the Plaintiff. On November 11, 2015, Plaintiff visited the above-described tennis courts for the purpose of playing tennis. On November 11, 2015, Plaintiff was lawfully on the above-described tennis courts owned by Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC. On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., owed Plaintiff a non-delegable duty to exercise reasonable care for his safety while using the above-described tennis courts. On November 11, 2015 at the above-described location, Plaintiff tripped and fell over a nail protruding out of the surface of a tennis court and sustained injuries.12. 13. 14, 15. 16. 17. 18. 19. On November 11, 2015 at the above-described location, the protruding nail on the tennis court was an unreasonably dangerous condition. Defendant knew, or should have known through the use of reasonable care, that the protruding nail on the tennis court was an unreasonably dangerous condition. Defendant had actual or constructive notice of the unreasonably dangerous condition of the protruding nail on the tennis court and should have taken action to remedy it. Defendant negligently maintained the tennis court by allowing the protruding nail to exist on the property. Defendant negligently failed to warn or adequately warn the public, including Plaintiff, of the unreasonably dangerous condition of the protruding nail on the tennis court. Defendant negligently failed to correct or adequately correct the unreasonably dangerous condition of the protruding nail. The above-described negligence of Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., was the proximate cause of the injury to Plaintiff. As a direct and proximate result of the negligence of Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., Plaintiff suffered bodily injury in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, medical expenses, loss of earning, loss ofthe ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 20. Venue in Collier County, Florida is proper because the incident occurred in Collier County, Florida. WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., for damages and demands judgment in excess of Fifteen Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this Court deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE. COUNT I- NEGLIGENCE OF DEFENDANT, SOUTHWEST PROPERTY MANAGEMENT CORPORATION Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as if fully set out herein, and states as follows: 21, On November 11, 2015, Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., was the owner of tennis courts located at 8090 Sorrento Lane, Naples, Collier County, Florida. 22. At some time before November 11, 2015, Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, contracted to provide property management services to Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., for property located at 8090 Sorrento Lane, Naples, Collier County, Florida. 23. Asaresult, Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, was responsible for maintaining the premises, including tennis courts, owned by Defendant, VERONAWALK HOMEOWNERS24. 25. 26. 27. 28. 29, 30. ASSOCIATION, INC., at 8090 Sorrento Lane, Naples, Collier County, Florida on November 11, 2015. On November 11, 2015, Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, had a duty to maintain the above described premises owned by Defendant, VERONAWALK HOMEOWNERS ASSOCIATION, INC., in a reasonably safe condition for individuals using the premises including the Plaintiff. On November 11, 2015, the above-described tennis courts were open to VERONAWALK HOMEOWNERS ASSOCIATION, INC. _ residents including the Plaintiff. On November 11, 2015, Plaintiff visited the above-described tennis courts for the purpose of playing tennis. On November 11, 2015, Plaintiff was lawfully on the above-described tennis courts owned by Defendant VERONAWALK HOMEOWNERS ASSOCIATION, INC. On November 11, 2015, Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, owed Plaintiff a duty to exercise reasonable care for his safety while using the above-described tennis courts. On November 11, 2015 at the above-described location, Plaintiff tripped and fell over a nail protruding out of the surface of a tennis court and sustained injuries. On November 11, 2015 at the above-described location, the protruding nail on the tennis court was an unreasonably dangerous condition.31. 32. 33. 34. 35. 36. 37. Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, knew, or should have known through the use of reasonable care, that the protruding nail on the tennis court was an unreasonably dangerous condition. Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, had actual or constructive notice of the unreasonably dangerous condition of the protruding nail on the tennis court and should have taken action to remedy it. Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, negligently maintained the tennis court by allowing the protruding nail to exist on the property. Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, negligently failed to warn or adequately warn the public, including Plaintiff, of the unreasonably dangerous condition of the protruding nail on the tennis court. Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, negligently failed to correct or adequately correct the unreasonably dangerous condition of the protruding nail. The above-described negligence of Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, was the proximate cause of the injury to Plaintiff. As a direct and proximate result of the negligence of Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, Plaintiff suffered bodily injury in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical andnursing care and treatment, medical expenses, loss of earning, loss of the ability to eam money, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 38. Venue in Collier County, Florida is proper because the incident occurred in Collier County, Florida. WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendant, SOUTHWEST PROPERTY MANAGEMENT CORPORATION, for damages and demands judgment in excess of Fifteen Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this Court deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE. WHEREFORE, the Plaintiff, JAMES REDIC, sues the Defendants, VERONAWALK HOMEOWNERS ASSOCIATION, INC. and SOUTHWEST PROPERTY MANAGEMENT CORPORATION, for damages and demands judgment in excess of Fifteen Thousand Dollars ($15,000.00), plus costs, interest, and other such relief as this Court deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE. RESPECTFULLY submitted this day of » 2017. CHAD T. BRAZZEAL, ESQUIRE FBN: 11771 Morgan & Morgan P.O. Box 9504 Ft. Myers, FL 33906 Phone: (239) 433-6880 Facsimile: (239) 433-6836 Attorneys for Plaintiff E-Mail: cbrazzeal@forthepeople.comCERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by email, this__._ day of March, 2017, to: Kevin W. Crews, Esq. and Michael C. Shue, Esq., NAPCRTPLEADINGS@WICKERSMITH.COM, Wicker Smith O'Hara McCoy & Ford, P.A., 9128 Strada Place, Suite 10200, Naples, FL 34108. Chad T. Brazzeal, Esquire FBN 11771 Morgan & Morgan P.O. Box 9504 Ft. Myers, FL 33906 Telephone: (239) 433-6880 Facsimile: (239) 433-6836 Attorneys for Plaintiff E-Mail: CBrazzeal@ForThePeople.com