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Filing # 82013317 E-Filed 12/12/2018 01:57:53 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT,
IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO: 05-2018-CA-055774-XXXX-XX
DIANNA R. CHAPMAN,
Plaintiff,
vs.
HOLMES REGIONAL MEDICAL
CENTER, INC. and KONE, INC.,
Defendants.
/
AMENDED COMPL. T
Plaintiff, DIANNA R. CHAPMAN, by and through her undersigned attorney, sues the
Defendants, HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., and
alleges:
1. This is an action for damages that exceed $15,000.00, exclusive of interest, costs
and attorney’s fees.
2. Plaintiff, DIANNA R. CHAPMAN, is a citizen of the State of Florida and a
resident of Brevard County.
3. At all times mentioned in this Amended Complaint, Defendant, HOLMES
REGIONAL MEDICAL CENTER, INC., was a Florida not for profit corporation operating
Holmes Regional Medical Center located in Melbourne, Brevard County, Florida.
4. At all times mentioned in this Amended Complaint, Defendant, KONE, INC.,
was a foreign for-profit corporation authorized to do business in Florida.
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXCOUNT I—- BREACH OF DUTIES TO MAINTAIN AND WARN -—
HOLMES REGIONAL MEDICAL CENTER, INC.
Plaintiff, DIANNA R. CHAPMAN, sues Defendant, HOLMES REGIONAL
MEDICAL CENTER, INC., and alleges:
5. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set
forth in the foregoing paragraphs 1 through 4 above as though fully set forth herein.
6. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was
responsible for and had a duty to maintain the elevators in its hospital in a safe condition.
7. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., breached
that duty in failing to maintain the elevators so that they stopped and aligned evenly with the
floor.
8. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was
responsible for and had a duty to warn the visiting public of the unsafe condition of its elevators.
9. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., breached
that duty in failing to warn the visiting public of the unsafe condition of its elevators.
10. On December 15, 2014, Plaintiff, DIANNA R. CHAPMAN, was in the hospital
in Melbourne, Florida and was riding in the Defendant’s elevator. When the elevator of
Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., stopped, it did not align
evenly with the floor which caused the Plaintiff to trip and injure herself.
11. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for
Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to
Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self-
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXleveling feature that will automatically bring and maintain the elevator car when it comes to a
stop within a tolerance of one-half inch (13 mm).
12. On December 15, 2014, the date of the subject injury, the elevator car failed to
align within the tolerance of one-half inch.
13. As a result of the negligence of the Defendant, HOLMES REGIONAL
MEDICAL CENTER, INC., the Plaintiff, DIANNA R. CHAPMAN, 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 pre-existing condition. The losses
are either permanent or continuing and Plaintiff will suffer the losses in the future.
14. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the
legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing
and any other medical and health care expenses incurred for the treatment of the aforesaid
injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries.
WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for
compensatory damages against Defendant, HOLMES REGIONAL MEDICAL CENTER,
INC., plus costs and prejudgment interest, and further demands a trial by jury of all issues so
triable.
COUNT Il - BREACH OF DUTIES TO MAINTAIN AND WARN —
KONE, INC.
Plaintiff, DIANNA R. CHAPMAN, sues Defendant, KONE, INC., and alleges:
15. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set
forth in the foregoing paragraphs 1 through 14 above as though fully set forth herein.
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX16. The Defendant, KONE, INC., was responsible for and had a duty to maintain the
elevators in Defendant, HOLMES REGIONAL MEDICAL CENTER, INC.’s hospital in a
safe condition.
17. The Defendant, KONE, INC., breached that duty in failing to maintain the
elevators so that they stopped and aligned evenly with the floor.
18. The Defendant, KONE, INC., was responsible for and had a duty to warn the
visiting public of the unsafe condition of the elevators at HOLMES REGIONAL MEDICAL
CENTER.
19. | The Defendant, KONE, INC., breached that duty in failing to warn the visiting
public of the unsafe condition of the elevators at HOLMES REGIONAL MEDICAL
CENTER.
20. On December 15, 2014, Plaintiff, DIANNA R. CHAPMAN, was in HOLMES
REGIONAL MEDICAL CENTER in Melbourne, Florida and was riding in the elevator.
When the elevator stopped, it did not align evenly with the floor which caused the Plaintiff to trip
and injure herself.
21. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for
Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to
Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self-
leveling feature that will automatically bring and maintain the elevator car when it comes to a
stop within a tolerance of one-half inch (13 mm).
22. On December 15, 2014, the date of the subject injury, the elevator car failed to
align within the tolerance of one-half inch.
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX23. As a result of the negligence of the Defendant, KONE, INC., in failing to service
and maintain the elevator, the Plaintiff, DIANNA R. CHAPMAN, 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 pre-existing condition. The losses
are either permanent or continuing and Plaintiff will suffer the losses in the future.
24. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the
legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing
and any other medical and health care expenses incurred for the treatment of the aforesaid
injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries.
WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for
compensatory damages against Defendant, KONE, INC., plus costs and prejudgment interest,
and further demands a trial by jury of all issues so triable.
COUNT III — STRICT LIABILITY
Plaintiff, DIANNA R. CHAPMAN, sues Defendants, HOLMES REGIONAL
MEDICAL CENTER, INC. and KONE, INC., and alleges:
25. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set
forth in the foregoing paragraphs | through 24 above as though fully set forth herein.
26. On or about December 15, 2014, Defendant, HOLMES REGIONAL
MEDICAL CENTER, INC., was in the business of operating a hospital for the benefit of the
public as the aforementioned premises herein.
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX27. At all times Defendants, HOLMES REGIONAL MEDICAL CENTER, INC.
and KONE, INC., knew that such premises would be, and in fact were used by Plaintiff,
DIANNA R. CHAPMAN, and others in the manner intended.
28. On or about the date set forth herein, the Plaintiff, DIANNA R. CHAPMAN, was
lawfully on and upon such premises.
29. Plaintiff, DIANNA R. CHAPMAN, was riding in the elevator and, when it
stopped, it did not align evenly with the floor, creating a dangerous condition.
30. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for
Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to
Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self-
leveling feature that will automatically bring and maintain the elevator car when it comes to a
stop within a tolerance of one-half inch (13 mm).
31. | On December 15, 2014, the date of the subject injury, the elevator car failed to
align within the tolerance of one-half inch.
32. Asa result of the dangerous and defective condition existing on and upon such
premises, Plaintiff, DIANNA R. CHAPMAN, sustained bodily injury and 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 pre-existing condition. The losses are either permanent or
continuing and Plaintiff will suffer the losses in the future.
33. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the
legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXand any other medical and health care expenses incurred for the treatment of the aforesaid
injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries.
WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for
compensatory damages against Defendants, HOLMES REGIONAL MEDICAL CENTER,
INC. and KONE, INC., plus costs and prejudgment interest, and further demands a trial by jury
of all issues so triable.
/s/ Benjamin Y. Saxon II
BENJAMIN Y. SAXON II, ESQUIRE
Florida Bar No.: 120850
LAW OFFICES OF SAXON & CHAKHTOURA, P.A.
111 South Scott Street
Melbourne, Florida 32901
Office : (321) 727-2545
Facsimile: (321) 727-2549
E-mail : saxonchakhtoura@efl com
Secondary emai x i
Counsel for Plaintiff
Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX
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Filing # 82013317 E-Filed 12/12/2018 01:57:53 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CASE NO: 05-2018-CA-055774-XXXX-XX DIANNA R. CHAPMAN, Plaintiff, vs. HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., Defendants. / AMENDED COMPL. T Plaintiff, DIANNA R. CHAPMAN, by and through her undersigned attorney, sues the Defendants, HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., and alleges: 1. This is an action for damages that exceed $15,000.00, exclusive of interest, costs and attorney’s fees. 2. Plaintiff, DIANNA R. CHAPMAN, is a citizen of the State of Florida and a resident of Brevard County. 3. At all times mentioned in this Amended Complaint, Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was a Florida not for profit corporation operating Holmes Regional Medical Center located in Melbourne, Brevard County, Florida. 4. At all times mentioned in this Amended Complaint, Defendant, KONE, INC., was a foreign for-profit corporation authorized to do business in Florida. Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXCOUNT I—- BREACH OF DUTIES TO MAINTAIN AND WARN -— HOLMES REGIONAL MEDICAL CENTER, INC. Plaintiff, DIANNA R. CHAPMAN, sues Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., and alleges: 5. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set forth in the foregoing paragraphs 1 through 4 above as though fully set forth herein. 6. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was responsible for and had a duty to maintain the elevators in its hospital in a safe condition. 7. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., breached that duty in failing to maintain the elevators so that they stopped and aligned evenly with the floor. 8. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was responsible for and had a duty to warn the visiting public of the unsafe condition of its elevators. 9. The Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., breached that duty in failing to warn the visiting public of the unsafe condition of its elevators. 10. On December 15, 2014, Plaintiff, DIANNA R. CHAPMAN, was in the hospital in Melbourne, Florida and was riding in the Defendant’s elevator. When the elevator of Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., stopped, it did not align evenly with the floor which caused the Plaintiff to trip and injure herself. 11. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self- Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXleveling feature that will automatically bring and maintain the elevator car when it comes to a stop within a tolerance of one-half inch (13 mm). 12. On December 15, 2014, the date of the subject injury, the elevator car failed to align within the tolerance of one-half inch. 13. As a result of the negligence of the Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., the Plaintiff, DIANNA R. CHAPMAN, 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 pre-existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 14. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing and any other medical and health care expenses incurred for the treatment of the aforesaid injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries. WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for compensatory damages against Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., plus costs and prejudgment interest, and further demands a trial by jury of all issues so triable. COUNT Il - BREACH OF DUTIES TO MAINTAIN AND WARN — KONE, INC. Plaintiff, DIANNA R. CHAPMAN, sues Defendant, KONE, INC., and alleges: 15. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set forth in the foregoing paragraphs 1 through 14 above as though fully set forth herein. Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX16. The Defendant, KONE, INC., was responsible for and had a duty to maintain the elevators in Defendant, HOLMES REGIONAL MEDICAL CENTER, INC.’s hospital in a safe condition. 17. The Defendant, KONE, INC., breached that duty in failing to maintain the elevators so that they stopped and aligned evenly with the floor. 18. The Defendant, KONE, INC., was responsible for and had a duty to warn the visiting public of the unsafe condition of the elevators at HOLMES REGIONAL MEDICAL CENTER. 19. | The Defendant, KONE, INC., breached that duty in failing to warn the visiting public of the unsafe condition of the elevators at HOLMES REGIONAL MEDICAL CENTER. 20. On December 15, 2014, Plaintiff, DIANNA R. CHAPMAN, was in HOLMES REGIONAL MEDICAL CENTER in Melbourne, Florida and was riding in the elevator. When the elevator stopped, it did not align evenly with the floor which caused the Plaintiff to trip and injure herself. 21. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self- leveling feature that will automatically bring and maintain the elevator car when it comes to a stop within a tolerance of one-half inch (13 mm). 22. On December 15, 2014, the date of the subject injury, the elevator car failed to align within the tolerance of one-half inch. Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX23. As a result of the negligence of the Defendant, KONE, INC., in failing to service and maintain the elevator, the Plaintiff, DIANNA R. CHAPMAN, 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 pre-existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 24. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing and any other medical and health care expenses incurred for the treatment of the aforesaid injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries. WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for compensatory damages against Defendant, KONE, INC., plus costs and prejudgment interest, and further demands a trial by jury of all issues so triable. COUNT III — STRICT LIABILITY Plaintiff, DIANNA R. CHAPMAN, sues Defendants, HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., and alleges: 25. Plaintiff, DIANNA R. CHAPMAN, re-alleges and re-affirms the allegations set forth in the foregoing paragraphs | through 24 above as though fully set forth herein. 26. On or about December 15, 2014, Defendant, HOLMES REGIONAL MEDICAL CENTER, INC., was in the business of operating a hospital for the benefit of the public as the aforementioned premises herein. Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX27. At all times Defendants, HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., knew that such premises would be, and in fact were used by Plaintiff, DIANNA R. CHAPMAN, and others in the manner intended. 28. On or about the date set forth herein, the Plaintiff, DIANNA R. CHAPMAN, was lawfully on and upon such premises. 29. Plaintiff, DIANNA R. CHAPMAN, was riding in the elevator and, when it stopped, it did not align evenly with the floor, creating a dangerous condition. 30. The Florida Americans with Disabilities Act 2012 Florida Accessibility Code for Building Construction in accordance with paragraph 407.4.4 of said Code adopted pursuant to Section 553.503, Florida Statutes, provides that each elevator car shall be equipped with a self- leveling feature that will automatically bring and maintain the elevator car when it comes to a stop within a tolerance of one-half inch (13 mm). 31. | On December 15, 2014, the date of the subject injury, the elevator car failed to align within the tolerance of one-half inch. 32. Asa result of the dangerous and defective condition existing on and upon such premises, Plaintiff, DIANNA R. CHAPMAN, sustained bodily injury and 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 pre-existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. 33. Plaintiff, DIANNA R. CHAPMAN, further requests prejudgment interest at the legal rate on all out of pocket expenses which Plaintiff has incurred for hospital, doctor, nursing Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XXand any other medical and health care expenses incurred for the treatment of the aforesaid injuries; and on any other out of pocket expenses incurred as a result of the aforesaid injuries. WHEREFORE, Plaintiff, DIANNA R. CHAPMAN, demands judgment for compensatory damages against Defendants, HOLMES REGIONAL MEDICAL CENTER, INC. and KONE, INC., plus costs and prejudgment interest, and further demands a trial by jury of all issues so triable. /s/ Benjamin Y. Saxon II BENJAMIN Y. SAXON II, ESQUIRE Florida Bar No.: 120850 LAW OFFICES OF SAXON & CHAKHTOURA, P.A. 111 South Scott Street Melbourne, Florida 32901 Office : (321) 727-2545 Facsimile: (321) 727-2549 E-mail : saxonchakhtoura@efl com Secondary emai x i Counsel for Plaintiff Filing 82013317 D CHAPMAN VS HOLMES REGIONAL 05-2018-CA-055774-XXXX-XX