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16-2022-CA-007029-XXXX-MA Div: CV-B
Filing # 162733118 E-Filed 12/09/2022 12:03:57 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
ELISA CRUZ
an individual,
Plaintiff,
vs.
MCDONALD’S CORPORATION,
a Foreign Profit Corporation,
Defendant.
/
COMPLAINT
Plaintiff, ELISA CRUZ (hereinafter as “Plaintiff’), sues the Defendants, MCDONALD’s
CORPORATION, a Foreign Profit Corporation, and alleges:
JURISDICTION AND VENUE
1 This is an action for damages that exceeds thirty-thousand dollars ($30,000.00),
exclusive of interest, attorneys’ fees, and costs.
2. Atall times material hereto, Plaintiff, ELISA CRUZ, is and was a resident of Duval
County, Florida.
3. At all times material hereto, Defendant, MCDONALD’s CORPORATION
(“hereinafter as “MCDONALD’S”), was a Foreign Profit Corporation based in Chicago, Illinois,
authorized and doing business in Jacksonville, Duval County, Florida, and is therefore subject to
the jurisdiction and venue of this Court.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/12/2022 07:55:31 AM
4 At all times material, Defendant either owned, operated, and managed a
McDonald’s restaurant, located at 3750 W University Blvd, Jacksonville, Duval County, Florida
32217 (hereinafter as the “Premises”).
5 On or about December 13, 2020, Plaintiff ELISA CRUZ was lawfully on the
premises, owned by Defendants as a business invitee of the subject restaurant.
6 Having exited the premises by its main entrance, and while transiting the vestibule
between the double doors of the main entrance, Plaintiff ELISA CRUZ slipped and fell, and as a
result of the fall she sustained significant personal injuries. After the fall, Plaintiff ELISA CRUZ
felt the floor and found it slick and slippery to the touch.
7 Venue is proper in Duval County, Florida, since the acts and omissions complained
of herein occurred in Duval County, Florida.
COUNT I-NEGLIGENCE AGAINST MCDONALD’S
8 Plaintiff re-alleges and incorporates the allegation in the above paragraphs 1-7 as
though set forth fully herein.
9 At all times material hereto, including December 13, 2020, Defendant,
MCDONALD’S, had a non-delegable duty to maintain its premises at the restaurant located at
3750 W University Blvd, Jacksonville, Duval County, Florida 32217, including its common areas,
in a reasonably safe condition for guests lawfully on its premises, including Plaintiff ELISA
CRUZ.
10. At all times material hereto, including December 13, 2020, Defendant
MCDONALD’S, had a duty to correct dangerous conditions on the premises of the restaurant
located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217 about which it
knew or should have known, by the use of reasonable care.
11. At all times material hereto, including December 13, 2020, Defendant
MCDONALD’S, had a duty to warn Plaintiff ELISA CRUZ of a dangerous condition on the
premises of the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida
32217, about which Defendant MCDONALD’S had, or should have had, knowledge greater than
that of Plaintiff ELISA CRUZ.
12. At all times material hereto, including December 13, 2020, Defendant
MCDONALD’S, had a duty to take reasonable precautions to minimize or eliminate the likelihood
of a dangerous condition arising in the first instance.
13. At all times material hereto, including December 13, 2020, Defendant
MCDONALD’S, had actual or constructive knowledge of the dangerous condition on the premises
of the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217,
and failed to take action to remedy it. Such condition existed for such a length of time that, in the
exercise of ordinary care, the Defendant should have known of the dangerous condition or the
dangerous condition occurred with such regularity and was therefore foreseeable. Defendant
MCDONALD’S. had actual or constructive knowledge of the dangerous condition as its
management and employees regularly trafficked the entranceway as part of their duties as well as
going to and from work, and, as a high traffic area exposed to the elements, were assigned duties
to regularly observe its condition.
14. Upon information and belief, on December 13, 2020, Defendant MCDONALD’S
breached the above duties owed to Plaintiff ELISA CRUZ by:
A Negligently failing to maintain, through its employees, agents, and
contractors, the heavily trafficked floor located within the entrance vestibule of the subject
restaurant, by allowing the flooring material to deteriorate over time and heavy use so that its
coefficient of friction/slip resistance was reduced, thus creating a dangerous condition for invitees
of the restaurant, including Plaintiff ELISA CRUZ.
B Negligently failing to maintain, through its employees, agents, and
contractors, the heavily trafficked tile floor located within the entrance vestibule of the subject
restaurant, by improperly cleaning the flooring, so that the accumulated dust, dirt, and debris
reduced or eliminated any slip-resistant qualities of the underlying flooring material.
Cc Negligently creating or allowing to be created a dangerous condition by
applying an incorrect or otherwise insufficient amount of wax or polish to the flooring material,
such that it reduced or eliminated any slip-resistant qualities of the wax or polish or the flooring
underneath.
D. Negligently failing to correct the dangerous condition by removing and
replacing the deteriorated flooring material or placing a slip-resistant mat or other appropriate slip-
resistant flooring material in place.
E Negligently allowing liquid, grease or other cooking liquid and/or semi-
liquid food residue to accumulate on the flooring material in the entrance walkway creating a
dangerous condition. Defendant MCDONALD’S had either actual or constructive knowledge of
the accumulated grease/residue as it was one of the most highly trafficked areas of the restaurant
and it was regularly transited by patrons and staff carrying foods and liquid refreshments
(carryout, delivery or simply taking home the leftovers) which resulted in spillages that occurred
with regularity and was therefore foreseeable.
F. Negligently failing to regularly and adequately inspect and maintain the
above high-trafficked area known to be a transit point for hundreds carrying foods and liquids
daily.
G. Negligently engaging in a negligent mode of operation that created and/or
allowed a dangerous condition to exist, to wit: by failing to take reasonable precautions to
minimize or eliminate the possibility of a dangerous condition arising by channeling virtually all
patrons and staff through a narrow, heavily trafficked vestibule into the restaurant, many of whom
are known to carry food and liquids, where the likelihood of dirt/debris/grease/food/liquids
leakage/spillage/food and debris was greatest, and where the supervision, maintenance and cleanup
was inadequate under these circumstances to identify and correct worn tiles and dirt, debris, food,
water, wax and grease presence and/or buildup, and by not taking reasonable precautions, reduced
the coefficient of friction/slip resistance of the natural flooring and any applied coating/wax
creating the dangerous condition complained of.
H. Negligently failing to warn business invitee Plaintiff ELISA CRUZ of the
above dangerous condition(s).
15. Defendant MCDONALD’S is vicariously liable for the actions/inactions of its
employees, agents, and contractors acting on its behalf.
16. Defendant MCDONALD’S negligent breach of its duties was the direct, proximate,
and legal cause of the Plaintiff’s injuries and subsequent damages. As a direct and proximate result
of the aforesaid negligence by Defendant MCDONALD’S, Plaintiff ELISA CRUZ suffered
grievous bodily injury with resulting pain and suffering, aggravation of a pre-existing condition,
disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalizations, medical and nursing care and treatment. The injuries are either permanent or
continuing in nature and Plaintiff ELISA CRUZ will suffer such losses and impairments in the
future for medical treatment, medication, hospitalization, and the impairment of her ability to work
and enjoy life. The Plaintiff has been required to expend diverse sums of money in an effort to
cure her injuries and will be required to do so in the future.
WHEREFORE, Plaintiff ELISA CRUZ, demands judgment against Defendant,
MCDONALD’S, for damages, costs of this action, trial by jury and such other and further relief
as this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury of all issues so triable.
Dated this 9" day of December, 2022.
CAMPIONE LAW, P.A.
/s/ Michael Balangue
MICHAEL BALANGUE, ESQ.
Florida Bar No.: 1003194
501 W. Bay Street, Ste. 100
Jacksonville, FL 32202
Telephone: (904) 990-8400
Facsimile: (904) 990-8411
Email: Pleadings@campionelawpa.com
MB@campionelawpa.com
Ma@campionelawpa.com
Counsel for Plaintiff
Preview
16-2022-CA-007029-XXXX-MA Div: CV-B Filing # 162733118 E-Filed 12/09/2022 12:03:57 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: ELISA CRUZ an individual, Plaintiff, vs. MCDONALD’S CORPORATION, a Foreign Profit Corporation, Defendant. / COMPLAINT Plaintiff, ELISA CRUZ (hereinafter as “Plaintiff’), sues the Defendants, MCDONALD’s CORPORATION, a Foreign Profit Corporation, and alleges: JURISDICTION AND VENUE 1 This is an action for damages that exceeds thirty-thousand dollars ($30,000.00), exclusive of interest, attorneys’ fees, and costs. 2. Atall times material hereto, Plaintiff, ELISA CRUZ, is and was a resident of Duval County, Florida. 3. At all times material hereto, Defendant, MCDONALD’s CORPORATION (“hereinafter as “MCDONALD’S”), was a Foreign Profit Corporation based in Chicago, Illinois, authorized and doing business in Jacksonville, Duval County, Florida, and is therefore subject to the jurisdiction and venue of this Court. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/12/2022 07:55:31 AM 4 At all times material, Defendant either owned, operated, and managed a McDonald’s restaurant, located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217 (hereinafter as the “Premises”). 5 On or about December 13, 2020, Plaintiff ELISA CRUZ was lawfully on the premises, owned by Defendants as a business invitee of the subject restaurant. 6 Having exited the premises by its main entrance, and while transiting the vestibule between the double doors of the main entrance, Plaintiff ELISA CRUZ slipped and fell, and as a result of the fall she sustained significant personal injuries. After the fall, Plaintiff ELISA CRUZ felt the floor and found it slick and slippery to the touch. 7 Venue is proper in Duval County, Florida, since the acts and omissions complained of herein occurred in Duval County, Florida. COUNT I-NEGLIGENCE AGAINST MCDONALD’S 8 Plaintiff re-alleges and incorporates the allegation in the above paragraphs 1-7 as though set forth fully herein. 9 At all times material hereto, including December 13, 2020, Defendant, MCDONALD’S, had a non-delegable duty to maintain its premises at the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217, including its common areas, in a reasonably safe condition for guests lawfully on its premises, including Plaintiff ELISA CRUZ. 10. At all times material hereto, including December 13, 2020, Defendant MCDONALD’S, had a duty to correct dangerous conditions on the premises of the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217 about which it knew or should have known, by the use of reasonable care. 11. At all times material hereto, including December 13, 2020, Defendant MCDONALD’S, had a duty to warn Plaintiff ELISA CRUZ of a dangerous condition on the premises of the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217, about which Defendant MCDONALD’S had, or should have had, knowledge greater than that of Plaintiff ELISA CRUZ. 12. At all times material hereto, including December 13, 2020, Defendant MCDONALD’S, had a duty to take reasonable precautions to minimize or eliminate the likelihood of a dangerous condition arising in the first instance. 13. At all times material hereto, including December 13, 2020, Defendant MCDONALD’S, had actual or constructive knowledge of the dangerous condition on the premises of the restaurant located at 3750 W University Blvd, Jacksonville, Duval County, Florida 32217, and failed to take action to remedy it. Such condition existed for such a length of time that, in the exercise of ordinary care, the Defendant should have known of the dangerous condition or the dangerous condition occurred with such regularity and was therefore foreseeable. Defendant MCDONALD’S. had actual or constructive knowledge of the dangerous condition as its management and employees regularly trafficked the entranceway as part of their duties as well as going to and from work, and, as a high traffic area exposed to the elements, were assigned duties to regularly observe its condition. 14. Upon information and belief, on December 13, 2020, Defendant MCDONALD’S breached the above duties owed to Plaintiff ELISA CRUZ by: A Negligently failing to maintain, through its employees, agents, and contractors, the heavily trafficked floor located within the entrance vestibule of the subject restaurant, by allowing the flooring material to deteriorate over time and heavy use so that its coefficient of friction/slip resistance was reduced, thus creating a dangerous condition for invitees of the restaurant, including Plaintiff ELISA CRUZ. B Negligently failing to maintain, through its employees, agents, and contractors, the heavily trafficked tile floor located within the entrance vestibule of the subject restaurant, by improperly cleaning the flooring, so that the accumulated dust, dirt, and debris reduced or eliminated any slip-resistant qualities of the underlying flooring material. Cc Negligently creating or allowing to be created a dangerous condition by applying an incorrect or otherwise insufficient amount of wax or polish to the flooring material, such that it reduced or eliminated any slip-resistant qualities of the wax or polish or the flooring underneath. D. Negligently failing to correct the dangerous condition by removing and replacing the deteriorated flooring material or placing a slip-resistant mat or other appropriate slip- resistant flooring material in place. E Negligently allowing liquid, grease or other cooking liquid and/or semi- liquid food residue to accumulate on the flooring material in the entrance walkway creating a dangerous condition. Defendant MCDONALD’S had either actual or constructive knowledge of the accumulated grease/residue as it was one of the most highly trafficked areas of the restaurant and it was regularly transited by patrons and staff carrying foods and liquid refreshments (carryout, delivery or simply taking home the leftovers) which resulted in spillages that occurred with regularity and was therefore foreseeable. F. Negligently failing to regularly and adequately inspect and maintain the above high-trafficked area known to be a transit point for hundreds carrying foods and liquids daily. G. Negligently engaging in a negligent mode of operation that created and/or allowed a dangerous condition to exist, to wit: by failing to take reasonable precautions to minimize or eliminate the possibility of a dangerous condition arising by channeling virtually all patrons and staff through a narrow, heavily trafficked vestibule into the restaurant, many of whom are known to carry food and liquids, where the likelihood of dirt/debris/grease/food/liquids leakage/spillage/food and debris was greatest, and where the supervision, maintenance and cleanup was inadequate under these circumstances to identify and correct worn tiles and dirt, debris, food, water, wax and grease presence and/or buildup, and by not taking reasonable precautions, reduced the coefficient of friction/slip resistance of the natural flooring and any applied coating/wax creating the dangerous condition complained of. H. Negligently failing to warn business invitee Plaintiff ELISA CRUZ of the above dangerous condition(s). 15. Defendant MCDONALD’S is vicariously liable for the actions/inactions of its employees, agents, and contractors acting on its behalf. 16. Defendant MCDONALD’S negligent breach of its duties was the direct, proximate, and legal cause of the Plaintiff’s injuries and subsequent damages. As a direct and proximate result of the aforesaid negligence by Defendant MCDONALD’S, Plaintiff ELISA CRUZ suffered grievous bodily injury with resulting pain and suffering, aggravation of a pre-existing condition, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalizations, medical and nursing care and treatment. The injuries are either permanent or continuing in nature and Plaintiff ELISA CRUZ will suffer such losses and impairments in the future for medical treatment, medication, hospitalization, and the impairment of her ability to work and enjoy life. The Plaintiff has been required to expend diverse sums of money in an effort to cure her injuries and will be required to do so in the future. WHEREFORE, Plaintiff ELISA CRUZ, demands judgment against Defendant, MCDONALD’S, for damages, costs of this action, trial by jury and such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury of all issues so triable. Dated this 9" day of December, 2022. CAMPIONE LAW, P.A. /s/ Michael Balangue MICHAEL BALANGUE, ESQ. Florida Bar No.: 1003194 501 W. Bay Street, Ste. 100 Jacksonville, FL 32202 Telephone: (904) 990-8400 Facsimile: (904) 990-8411 Email: Pleadings@campionelawpa.com MB@campionelawpa.com Ma@campionelawpa.com Counsel for Plaintiff