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35-2022-CA-002134-AXXX-XX
Filing # 161892720 E-Filed 11/28/2022 11:46:02 AM
IN THE CIRCUIT COURT, FIFTH
JUDICIAL CIRCUIT, IN AND FOR
LAKE COUNTY, FLORIDA
CASE NO.:
DIVISION:
MELISSA MAGLIO,
an individual,
Plaintiff,
Vv.
DOLGENCORP, LLC,
A Foreign Limited Liability Company,
Defendant.
/
COMPLAINT
Plaintiff, MELISSA MAGLIO (“Plaintiff”), sues Defendant, DOLGENCORP, LLC,
(“Defendant”), and alleges:
COMMON ALLEGATIONS:
This is an action for damages in excess of $30,000.00, exclusive of costs.
On or about May 7, 2021, Defendant owned, operated, and/or maintained a retail
establishment located 395 East Burleigh Blvd in Tavares, Lake County, Florida.
At all times material, Plaintiff was a business invitee on Defendant’s premises.
At all times material, there was a misplaced metal piece of equipment on the floor of one
of the aisles.
At all times material, the misplaced metal piece of equipment t on the floor of an aisle
represented an unreasonably dangerous condition.
At that time and place, as Plaintiff was walking through Defendant’s premises, the
misplaced metal piece of equipment caused her to trip and fall.
Atall times material, Defendant owed Plaintiff, and all others similarly situated, a duty to
use reasonable care to maintain its premises in a reasonably safe condition, and to warn
of dangerous conditions that it knew or should have known existed on the premises.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/28/2022 02:51:14 PM
8. Atall times material, Defendant breached its duty to Plaintiff by failing to maintain its
premises in a reasonably safe condition and by failing to warn of the unreasonably
dangerous condition.
The unreasonably dangerous condition was created by Defendant, known to exist by
Defendant, or had existed for a sufficient length of time such that Defendant should have
known of its existence.
10 As aresult of Defendant negligence, Plaintiff suffered permanent physical injury and
resulting pain and suffering, disability, scarring, disfigurement, mental pain and
suffering, loss of capacity for the enjoyment of life, expense of hospitalization, medical
and nursing care and treatment, loss of earnings, and loss of ability to earn money. The
losses are permanent and continuing in nature and Plaintiff will suffer the losses in the
future.
WHEREFORE, Plaintiff, MELISSA MAGLIO, demands judgment for damages against
Defendant, DOLGENCORP, LLC, and demands a jury trial.
Dated on this 28" day of November 2022.
LAW OFFICES OF NOONEY, ROBERTS,
HEWETT & NOWICKI
/s/ Lisa M. Nommensen
Lisa M. Nommensen, Esq.
Florida Bar No. 124203
1680 Emerson Street
Jacksonville, FL 32207
Phone: (904) 398-1992
Fax: (904) 858-9943
Lisa@nrhnlaw.com
Attorney for the Plaintiff
DESIGNATION OF EMAIL ADDRESSES PURSUANT TO RULE 2.516
Pursuant to Fla.R.Jud.Admin.2.516 (effective September 1, 2012), attorneys for Plaintiff
designate the following email addresses for the purpose of service of all documents in the
proceeding required by the Rule.
Primary email address: Lisa@nrhnlaw.com
Secondary email addresses: SMcneil@nrhnlaw.com
LAW OFFICES OF NOONEY, ROBERTS,
HEWETT & NOWICKI
/s/ Lisa M. Nommensen
Lisa M. Nommensen, Esq.
Florida Bar No. 124203
1680 Emerson Street
Jacksonville, FL 32207
Phone: (904) 398-1992
Fax: (904) 858-9943
Lisa@nrhnlaw.com
Attorney for the Plaintiff
Preview
35-2022-CA-002134-AXXX-XX Filing # 161892720 E-Filed 11/28/2022 11:46:02 AM IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: DIVISION: MELISSA MAGLIO, an individual, Plaintiff, Vv. DOLGENCORP, LLC, A Foreign Limited Liability Company, Defendant. / COMPLAINT Plaintiff, MELISSA MAGLIO (“Plaintiff”), sues Defendant, DOLGENCORP, LLC, (“Defendant”), and alleges: COMMON ALLEGATIONS: This is an action for damages in excess of $30,000.00, exclusive of costs. On or about May 7, 2021, Defendant owned, operated, and/or maintained a retail establishment located 395 East Burleigh Blvd in Tavares, Lake County, Florida. At all times material, Plaintiff was a business invitee on Defendant’s premises. At all times material, there was a misplaced metal piece of equipment on the floor of one of the aisles. At all times material, the misplaced metal piece of equipment t on the floor of an aisle represented an unreasonably dangerous condition. At that time and place, as Plaintiff was walking through Defendant’s premises, the misplaced metal piece of equipment caused her to trip and fall. Atall times material, Defendant owed Plaintiff, and all others similarly situated, a duty to use reasonable care to maintain its premises in a reasonably safe condition, and to warn of dangerous conditions that it knew or should have known existed on the premises. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/28/2022 02:51:14 PM 8. Atall times material, Defendant breached its duty to Plaintiff by failing to maintain its premises in a reasonably safe condition and by failing to warn of the unreasonably dangerous condition. The unreasonably dangerous condition was created by Defendant, known to exist by Defendant, or had existed for a sufficient length of time such that Defendant should have known of its existence. 10 As aresult of Defendant negligence, Plaintiff suffered permanent physical injury and resulting pain and suffering, disability, scarring, disfigurement, mental pain and suffering, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The losses are permanent and continuing in nature and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, MELISSA MAGLIO, demands judgment for damages against Defendant, DOLGENCORP, LLC, and demands a jury trial. Dated on this 28" day of November 2022. LAW OFFICES OF NOONEY, ROBERTS, HEWETT & NOWICKI /s/ Lisa M. Nommensen Lisa M. Nommensen, Esq. Florida Bar No. 124203 1680 Emerson Street Jacksonville, FL 32207 Phone: (904) 398-1992 Fax: (904) 858-9943 Lisa@nrhnlaw.com Attorney for the Plaintiff DESIGNATION OF EMAIL ADDRESSES PURSUANT TO RULE 2.516 Pursuant to Fla.R.Jud.Admin.2.516 (effective September 1, 2012), attorneys for Plaintiff designate the following email addresses for the purpose of service of all documents in the proceeding required by the Rule. Primary email address: Lisa@nrhnlaw.com Secondary email addresses: SMcneil@nrhnlaw.com LAW OFFICES OF NOONEY, ROBERTS, HEWETT & NOWICKI /s/ Lisa M. Nommensen Lisa M. Nommensen, Esq. Florida Bar No. 124203 1680 Emerson Street Jacksonville, FL 32207 Phone: (904) 398-1992 Fax: (904) 858-9943 Lisa@nrhnlaw.com Attorney for the Plaintiff