Complaint,Petition: HELEN JOHNSON vs DOLLAR TREE STORES, INC.

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                                16-2023-CA-006329-XXXX-MA Div: CV-B
  Filing # 169436306 E-Filed 03/23/2023 08:33:56 AM


                                                                    IN THE CIRCUIT COURT, FOURTH
                                                                    JUDICIAL CIRCUIT, IN AND FOR
                                                                    DUVAL COUNTY, FLORIDA


                                                                    CASE NO.:
                                                                    DIVISION:
            HELEN JOHNSON

                        Plaintiff,

            -vs-

            DOLLAR TREE STORES, INC., a For
            Profit Coporation


                     Defendants.
            ____________________________________/

                          PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL

                   The Plaintiff, by and through undersigned counsel, hereby files this Complaint against

           Defendant, DOLLAR TREE STORES, INC, a for profit corporation (“herein after referred to

           as “DOLLAR TREE STORES, INC.”) and alleges:

                   1.      This is an action for damages in excess of $50,000.00, exclusive of attorneys’ fees,

           interest and costs, and Plaintiff hereby demands a trial by jury; accordingly, although, to file this

           amended complaint, undersigned counsel is being required by order of the Supreme Court of

           Florida to contemporaneously complete a civil cover sheet with a dollar figure as an estimated

           amount of claim for data collection and clerical processing purposes only, the full monetary value

           of the damages suffered by Plaintiff is yet to be determined and will be decided in a verdict by the

           jury that judges the facts of this action in compliance with Article I, Section 21, Florida

           Constitution.




ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/28/2023 09:18:56 AM
           2.    At all times material, Plaintiff, HELEN JOHNSON, was a resident of Jacksonville,

Duval County, Florida.

           3.    At all times material, Defendant, DOLLAR TREE STORES, INC., was a corporation

authorized to do business in the State of Florida and, more particularly, Duval County.

           4.    On or about May 12, 2020, Defendant, DOLLAR TREE STORES, INC., was the

owner of or otherwise in legal possession or tenant of a building at 6466 103rd St, Jacksonville, FL

32210 (“premises”) that was open to the public as a retail store and members of the public were invited

therein.

           5.    At that time and place, Plaintiff, HELEN JOHNSON, went to the premises for the

purpose of shopping, said purpose being the Defendant holds itself open to the public.

           6.    At all times material, the Defendant, being the owner of or otherwise in legal control or

tenant of the premises, had a nondelegable duty to maintain the premises in a reasonably safe

condition and/or to warn its invitees, including Plaintiff, of unreasonably dangerous conditions

existing on the property.

           7.    On or about May 12, 2020, while in the aforesaid Defendant’s store,

Plaintiff, HELEN JOHNSON, had a physical encounter with the Defendant’s manager, who

engaged in an altercation with a robber, causing serious bodily harm.

           8.    Wawa is responsible for the actions of its manager, and failed to do the following:

           (a)    By failing to properly train its store manager;

           (b)    By negligently hiring the store manager who harmed Plaintiff;

           (c)    By negligently retaining the store manager;

           (d)    By unlawfully touching and assaulting Plaintiff;

           (e)     By negligently using force
       9.    The Defendant, DOLLAR TREE STORES, INC., breached its aforesaid duties to the

Plaintiff, HELEN JOHNSON, by allowing and performing the negligent and/or unlawful acts

described in the preceding paragraph.

       10.   As a direct and proximate result of the aforesaid negligence, Plaintiff, HELEN

JOHNSON, suffered bodily injury and resulting pain and suffering, disability, disfigurement,

mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and

nursing care and treatment, loss of earnings, loss of 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. Plaintiff, HELEN JOHNSON, has sustained permanent injuries

within a reasonable degree of medical probability.

       WHEREFORE, Plaintiff, HELEN JOHNSON, demands judgment for damages against

Defendant, DOLLAR TREE STORES, INC., and a trial by jury of all issues so triable.

                                CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished to via process server.



                                                     FARAH & FARAH, P.A.



                                                     ________________________________
                                                     MEGAN RICHARDS, ESQ.
                                                     Florida Bar No.: 47119
                                                     10 West Adams Street
                                                     Jacksonville, FL 32202
                                                     (904) 396-5555 ▪ (800) 533-3555 (facsimile)
                                                     Primary: mrichards@farahandfarah.com
                                                     Alt: jcalhoun@farahandfarah.com

                                                     ATTORNEY FOR PLAINTIFF