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Filing # 173266593 E-Filed 05/16/2023 02:01:46 PM
IN THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO: 16-2023-CA-007371
DIVISION: CV-D
JOHN T. SKIPPER,
Plaintiff,
v.
ESH HOSPITALITY, INC.,
a Delaware Corporation,
Defendant.
____________________________/
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, JOHN T. SKIPPER by and through the undersigned counsel, sues the Defendant,
ESH HOSPITALITY, INC., and states as follows:
1. This is an action for damages in excess of $50,000.00.
2. At all times material hereto, Plaintiff, JOHN T. SKIPPER was a resident of Duval
County, Florida.
3. At all times material hereto, Defendant, ESH HOSPITALITY, INC., was and
remains a Delaware Corporation, duly licensed to conducted business in the State of Florida and
doing business as Extended Stay America-Jacksonville-Southside-St. Johns Towne Ctr., at 10020
Skinner Lake Dr., Jacksonville, Duval County, Florida 32246.
4. That the incident giving rise to this action occurred on March 3, 2022, at the
property located at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246.
5. That on the above date the Defendant managed, operated, and/or was in control of
and possession of the property located at 10020 Skinner Lake Dr., Jacksonville, Duval County,
Florida 32246.
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FARAH & FARAH, PA
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/19/2023 11:45:55 AM
6. At all times material hereto, Plaintiff was a business invitee leasing property located
at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246.
7. This Court has jurisdiction and venue is proper in Duval County, Florida.
NEGLIGENCE OF ESH HOSPITALITY, INC.
Plaintiff, JOHN T. SKIPPER realleges the allegations in paragraphs 1 through 7 above as
if fully set forth herein and further alleges:
8. Defendant, ESH HOSPITALITY, INC., had a duty to its customers, including the
Plaintiff, to maintain the above referenced property in a reasonably safe condition and to correct
or warn its tenants, including the Plaintiff, of dangers on the above referenced property of which
the Defendant, ESH HOSPITALITY, INC., knew or should have known by the exercise of
reasonable care.
9. At all times material hereto, Defendant, ESH HOSPITALITY, INC., negligently,
carelessly and without due regard or concern for the safety of the Plaintiff, maintained the above
mentioned property so as to create, cause, allow, contribute to, or assist in the creation of dangerous
and defective conditions within the above mentioned property i.e. a leaking bathtub which caused
Plaintiff to slip and fall resulting in serious bodily injury to the Plaintiff.
10. The dangerous and defective conditions existed in sufficient time for the Defendant,
ESH HOSPITALITY, INC., to have actual and/or constructive notice of such conditions and to
correct same which Defendant had a duty to do and which the Defendant negligently and carelessly
failed and neglected to do. Such negligent acts and or omission of the Defendant, ESH
HOSPITALITY, INC., include:
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FARAH & FARAH, PA
a. knew of or should have known that the bathtub was of compromised structural
integrity, creating a dangerous and hazardous condition to its customers, such as the
Plaintiff;
b. knew of or should have known that the bathtub was a safety hazard to its tenants, such
as the Plaintiff;
c. with the knowledge that the bathtub was a safety hazard, negligently failed to properly
repair and reconstruct the defect;
d. negligently failed to correct hazardous living conditions that would have been
discoverable with reasonable inspection of the areas of the property;
e. negligently failed to properly maintain the property;
f. negligently failed to inspect the property;
g. failed to properly hire, train, supervise, and control its employees/agents/contractors
with regard to the proper maintenance of the property;
h. failed to have in place policies and procedures for inspection and maintenance of the
property, or in the alternative failed to follow its policies and procedures for inspection
and maintenance of the property; and
i. failed to warn the Plaintiff that the property was maintained in a dangerous manner and
that injury could result.
11. As a direct and proximate result of the defective and dangerous conditions and the
aforesaid negligence of the Defendant, ESH HOSPITALITY, INC., and/or its
employees/agents/contractors, support beam in the common way caused to fail, thus resulting in
severe bodily injury to the Plaintiff.
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FARAH & FARAH, PA
12. As a result, Plaintiff, JOHN T. SKIPPER suffered bodily injury and resulting pain
and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expenses 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 permanent and
continuing within a reasonable degree of medical probability and Plaintiff will suffer the losses in
the future.
WHEREFORE, Plaintiff, JOHN T. SKIPPER demands judgment for damages against
Defendant, ESH HOSPITALITY, INC., and a trial by jury on all issues herein.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ____ day of May, 2023, this document was filed using
the Florida Courts E-Filing Portal. This document is being served on all parties via a private
process server.
FARAH & FARAH, P.A.
/s/ Joseph S. Miller
_____________________________________
JOSEPH S. MILLER (FL Bar No. 0118811)
Attorney for Plaintiff
10 West Adams Street
Jacksonville, FL 32202
(904) 999-4184 (telephone/facsimile)
Primary: smiller@farahandfarah.com
Secondary: tlewis@farahandfarah.com
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FARAH & FARAH, PA
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Filing # 173266593 E-Filed 05/16/2023 02:01:46 PM IN THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 16-2023-CA-007371 DIVISION: CV-D JOHN T. SKIPPER, Plaintiff, v. ESH HOSPITALITY, INC., a Delaware Corporation, Defendant. ____________________________/ AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, JOHN T. SKIPPER by and through the undersigned counsel, sues the Defendant, ESH HOSPITALITY, INC., and states as follows: 1. This is an action for damages in excess of $50,000.00. 2. At all times material hereto, Plaintiff, JOHN T. SKIPPER was a resident of Duval County, Florida. 3. At all times material hereto, Defendant, ESH HOSPITALITY, INC., was and remains a Delaware Corporation, duly licensed to conducted business in the State of Florida and doing business as Extended Stay America-Jacksonville-Southside-St. Johns Towne Ctr., at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246. 4. That the incident giving rise to this action occurred on March 3, 2022, at the property located at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246. 5. That on the above date the Defendant managed, operated, and/or was in control of and possession of the property located at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246. Page 1 of 4 FARAH & FARAH, PA ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/19/2023 11:45:55 AM 6. At all times material hereto, Plaintiff was a business invitee leasing property located at 10020 Skinner Lake Dr., Jacksonville, Duval County, Florida 32246. 7. This Court has jurisdiction and venue is proper in Duval County, Florida. NEGLIGENCE OF ESH HOSPITALITY, INC. Plaintiff, JOHN T. SKIPPER realleges the allegations in paragraphs 1 through 7 above as if fully set forth herein and further alleges: 8. Defendant, ESH HOSPITALITY, INC., had a duty to its customers, including the Plaintiff, to maintain the above referenced property in a reasonably safe condition and to correct or warn its tenants, including the Plaintiff, of dangers on the above referenced property of which the Defendant, ESH HOSPITALITY, INC., knew or should have known by the exercise of reasonable care. 9. At all times material hereto, Defendant, ESH HOSPITALITY, INC., negligently, carelessly and without due regard or concern for the safety of the Plaintiff, maintained the above mentioned property so as to create, cause, allow, contribute to, or assist in the creation of dangerous and defective conditions within the above mentioned property i.e. a leaking bathtub which caused Plaintiff to slip and fall resulting in serious bodily injury to the Plaintiff. 10. The dangerous and defective conditions existed in sufficient time for the Defendant, ESH HOSPITALITY, INC., to have actual and/or constructive notice of such conditions and to correct same which Defendant had a duty to do and which the Defendant negligently and carelessly failed and neglected to do. Such negligent acts and or omission of the Defendant, ESH HOSPITALITY, INC., include: Page 2 of 4 FARAH & FARAH, PA a. knew of or should have known that the bathtub was of compromised structural integrity, creating a dangerous and hazardous condition to its customers, such as the Plaintiff; b. knew of or should have known that the bathtub was a safety hazard to its tenants, such as the Plaintiff; c. with the knowledge that the bathtub was a safety hazard, negligently failed to properly repair and reconstruct the defect; d. negligently failed to correct hazardous living conditions that would have been discoverable with reasonable inspection of the areas of the property; e. negligently failed to properly maintain the property; f. negligently failed to inspect the property; g. failed to properly hire, train, supervise, and control its employees/agents/contractors with regard to the proper maintenance of the property; h. failed to have in place policies and procedures for inspection and maintenance of the property, or in the alternative failed to follow its policies and procedures for inspection and maintenance of the property; and i. failed to warn the Plaintiff that the property was maintained in a dangerous manner and that injury could result. 11. As a direct and proximate result of the defective and dangerous conditions and the aforesaid negligence of the Defendant, ESH HOSPITALITY, INC., and/or its employees/agents/contractors, support beam in the common way caused to fail, thus resulting in severe bodily injury to the Plaintiff. Page 3 of 4 FARAH & FARAH, PA 12. As a result, Plaintiff, JOHN T. SKIPPER suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expenses 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 permanent and continuing within a reasonable degree of medical probability and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, JOHN T. SKIPPER demands judgment for damages against Defendant, ESH HOSPITALITY, INC., and a trial by jury on all issues herein. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the ____ day of May, 2023, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all parties via a private process server. FARAH & FARAH, P.A. /s/ Joseph S. Miller _____________________________________ JOSEPH S. MILLER (FL Bar No. 0118811) Attorney for Plaintiff 10 West Adams Street Jacksonville, FL 32202 (904) 999-4184 (telephone/facsimile) Primary: smiller@farahandfarah.com Secondary: tlewis@farahandfarah.com Page 4 of 4 FARAH & FARAH, PA