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Filing # 176557130 E-Filed 06/30/2023 02:48:08 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN A FOR
GADSDEN COUNTY, FLORIDA
AMANDA LOWE, CASE NO:
Plaintiff,
Vv
THE QUINCY MUSIC THEATRE,
INC.,
Defendant.
COMPLAINT
Plaintiff, AMANDA LOWE, sues Defendant, THE QUINCY MUSIC THEATRE, INC.,
and alleges:
1 This is an action for damages that exceeds the sum of FIFTY THOUSAND
DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees. The actual value of
Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section
21, Fla. Const.
2 Plaintiff, AMANDA LOWE, is a natural person residing in the State of Florida.
3 At all times material to this action, Defendant, THE QUINCY MUSIC THEATRE,
INC., is a foreign corporation licensed to conduct business in the state of Florida.
4 At all times material hereto, Defendant, was the owner, and in possession, of that
certain business, THE QUINCY MUSIC THEATRE a/k/a THE LEAF THEATRE, located at 118
E Washington Street, Quincy, Florida, 32351. The aforementioned business is open to the general
public and specifically Plaintiff.
5 On or about December 11, 2022, Plaintiff, AMANDA LOWE, was present on
Defendant’s premises located at the above address as an invitee and/or guest.
6 At said time and place, Plaintiff, AMANDA LOWE, was a lawful invitee and/or
guest upon the premises of the Defendant, who owed Plaintiff a nondelegable duty to exercise
reasonable care for her safety,
COUNT I- CLAIM OF NEGLIGENCE AGAINST DEFENDANT, THE QUINCY
MUSIC THEATRE, INC.
7 Plaintiff realleges and reasserts the allegations contained within paragraphs one (1)
through six (6) as if fully set forth herein.
8 At said time and place, Defendant owed Plaintiff duties to maintain the premises in
a reasonably safe condition, and to warn Plaintiff of any dangerous conditions existing on their
premises.
9 Defendant had a duty to implement a fall prevention plan and review said plan with
Plaintiff.
10 At said time and place, Defendant breached these duties to Plaintiff by negligently
failing to maintain or adequately maintain the premises, failing to adequately mark the stage edge,
to implement an adequate fall prevention plan, to review said plan with Plaintiff and ensure the
plan was understood and followed, thereby creating a hazard to members of the public utilizing
said premises, including the Plaintiff herein.
11. The dangerous condition was either known to Defendant or had existed for a
sufficient length of time such that Defendant should have known of same had Defendant exercised
reasonable care
12. As a result, Plaintiff, while on Defendant’s property became injured when she fell
from the stage into the open orchestra pit. As a result of the fall, Plaintiff suffered significant
injuries
13. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered
bodily injury 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, loss of earning, loss of the ability to earn money, and
aggravation of previously existing condition. The losses are either permanent or continuing and
Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff, AMANDA LOWE, demands judgment for damages against
Defendant, THE QUINCY MUSIC THEATRE, INC., and other such relief deemed proper by the
Court. Plaintiff also demands ajury trial on all issues so triable.
MORGAN & MORGAN P.A.
/s/ William W_Gwaltney, Esq.
William W. Gwaltney, Esquire
Florida Bar #: 738778
313 N Monroe St Suite 401
Tallahassee, FL 32301
Tele: (850) 329-7685
Fax: (850) 201-2764
Primary Email: wgwaltney@forthepeople.com
Email: pblanchette@forthepeople.com
Email: mriojas@forthepeople.com
Attorney for Plaintiff
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Filing # 176557130 E-Filed 06/30/2023 02:48:08 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN A FOR GADSDEN COUNTY, FLORIDA AMANDA LOWE, CASE NO: Plaintiff, Vv THE QUINCY MUSIC THEATRE, INC., Defendant. COMPLAINT Plaintiff, AMANDA LOWE, sues Defendant, THE QUINCY MUSIC THEATRE, INC., and alleges: 1 This is an action for damages that exceeds the sum of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees. The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2 Plaintiff, AMANDA LOWE, is a natural person residing in the State of Florida. 3 At all times material to this action, Defendant, THE QUINCY MUSIC THEATRE, INC., is a foreign corporation licensed to conduct business in the state of Florida. 4 At all times material hereto, Defendant, was the owner, and in possession, of that certain business, THE QUINCY MUSIC THEATRE a/k/a THE LEAF THEATRE, located at 118 E Washington Street, Quincy, Florida, 32351. The aforementioned business is open to the general public and specifically Plaintiff. 5 On or about December 11, 2022, Plaintiff, AMANDA LOWE, was present on Defendant’s premises located at the above address as an invitee and/or guest. 6 At said time and place, Plaintiff, AMANDA LOWE, was a lawful invitee and/or guest upon the premises of the Defendant, who owed Plaintiff a nondelegable duty to exercise reasonable care for her safety, COUNT I- CLAIM OF NEGLIGENCE AGAINST DEFENDANT, THE QUINCY MUSIC THEATRE, INC. 7 Plaintiff realleges and reasserts the allegations contained within paragraphs one (1) through six (6) as if fully set forth herein. 8 At said time and place, Defendant owed Plaintiff duties to maintain the premises in a reasonably safe condition, and to warn Plaintiff of any dangerous conditions existing on their premises. 9 Defendant had a duty to implement a fall prevention plan and review said plan with Plaintiff. 10 At said time and place, Defendant breached these duties to Plaintiff by negligently failing to maintain or adequately maintain the premises, failing to adequately mark the stage edge, to implement an adequate fall prevention plan, to review said plan with Plaintiff and ensure the plan was understood and followed, thereby creating a hazard to members of the public utilizing said premises, including the Plaintiff herein. 11. The dangerous condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care 12. As a result, Plaintiff, while on Defendant’s property became injured when she fell from the stage into the open orchestra pit. As a result of the fall, Plaintiff suffered significant injuries 13. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury 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, loss of earning, loss of the ability to earn money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, AMANDA LOWE, demands judgment for damages against Defendant, THE QUINCY MUSIC THEATRE, INC., and other such relief deemed proper by the Court. Plaintiff also demands ajury trial on all issues so triable. MORGAN & MORGAN P.A. /s/ William W_Gwaltney, Esq. William W. Gwaltney, Esquire Florida Bar #: 738778 313 N Monroe St Suite 401 Tallahassee, FL 32301 Tele: (850) 329-7685 Fax: (850) 201-2764 Primary Email: wgwaltney@forthepeople.com Email: pblanchette@forthepeople.com Email: mriojas@forthepeople.com Attorney for Plaintiff