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11-2024-CA-000322-0001-XX
Filing # 191926051 E-Filed 02/14/2024 10:41:15 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
GABRIELA HERNANDEZ,
Plaintiff, CASE NO.
vs.
SEED TO TABLE, LLC
Defendant.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, GABRIELA HERNANDEZ sues Defendant, SEED TO TABLE, LLC
and alleges:
1 This is an action for damages that exceeds Fifty Thousand Dollars ($50,000.00),
exclusive of interest, costs and attorneys' fees.
2. Plaintiff is a natural person residing in Collier County, Florida.
3. Atall times material to this action Defendant, SEED TO TABLE, LLC (hereinafter
Defendant ), was a Florida Corporation, licensed to do and transact business in the State of Florida.
4 At all times material hereto, Defendant was the entity in possession and/or control of
a certain business known as Seed to Table located at, 4385 Immokalee Road, Naples, Collier County,
Florida, open to the general public, including Plaintiff herein.
5 On or about March 27, 2022, Plaintiff was a business invitee lawfully on
Defendants premises located at the above address.
6 At that said time and place, Defendant owed Plaintiff'a duty to exercise reasonable
care for her safety.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/14/2024 10:41:15 AM
7
At that time and place, Defendant breached its duty owed to Plaintiff by
negligently failing to exercise reasonable care in the maintenance, inspection, warning, or repair
of the business premises. Specifically, there was poor lighting on the stairs due to a concert that
was going on, this poor lighting caused Plaintiff to slip and fall resulting in injuries as hereinafter
alleged.
8 The above negligent condition was known to Defendant or had existed for a
sufficient length of time so that the Defendant should have known of it.
9 Defendant, by and through its employees, servants, and/or agents, breached its duty
to the Plaintiff by committing one or more of the following negligent acts of commission and/or
omission, which proximately caused injury to the Plaintiff, as hereinafter alleged more fully:
a. Defendant failed to properly maintain, inspect, and examine the aforesaid area to
make sure it was safe from all defects, including poor lighting;
b. Defendant failed to exercise reasonable care in the maintenance of its premises;
Cc. Defendant failed to warn the Plaintiff of aforesaid dangerous condition.
10. The aforementioned acts of negligence on the part of Defendant were the proximate
cause of the injuries sustained by the Plaintiff.
Ml. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered
bodily injury in and about her body and extremities, resulting in pain and suffering, disability,
disfigurement, permanent and significant scarring, loss of the capacity for the enjoyment of life,
expense of hospitalization, medical treatment. The losses are either permanent or continuing, and
Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff, Gabriela Hernandez, sues Defendant, Seed to Table, LLC, for
damages and demands judgment in excess of Fifty Thousand Dollars ($50,000.00), plus interest
and costs, and demands trial by jury of all issues so triable.
/s/ Patrick J Kelleher
PATRICK J KELLEHER, ESQUIRE
FBN: 1022377
The Law Offices of Mare L. Shapiro, P.A.
Attorney for Plaintiff
720 Goodlette Rd. North, Suite 304
Naples, FL 34102
Tel: (239) 649-8050
Fax: (239) 649-8057
Email: pat@attorneyshapiro.com;
ina@attorneyshapiro.com
Service: service@attorneyshapiro.com
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11-2024-CA-000322-0001-XX Filing # 191926051 E-Filed 02/14/2024 10:41:15 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION GABRIELA HERNANDEZ, Plaintiff, CASE NO. vs. SEED TO TABLE, LLC Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, GABRIELA HERNANDEZ sues Defendant, SEED TO TABLE, LLC and alleges: 1 This is an action for damages that exceeds Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs and attorneys' fees. 2. Plaintiff is a natural person residing in Collier County, Florida. 3. Atall times material to this action Defendant, SEED TO TABLE, LLC (hereinafter Defendant ), was a Florida Corporation, licensed to do and transact business in the State of Florida. 4 At all times material hereto, Defendant was the entity in possession and/or control of a certain business known as Seed to Table located at, 4385 Immokalee Road, Naples, Collier County, Florida, open to the general public, including Plaintiff herein. 5 On or about March 27, 2022, Plaintiff was a business invitee lawfully on Defendants premises located at the above address. 6 At that said time and place, Defendant owed Plaintiff'a duty to exercise reasonable care for her safety. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/14/2024 10:41:15 AM 7 At that time and place, Defendant breached its duty owed to Plaintiff by negligently failing to exercise reasonable care in the maintenance, inspection, warning, or repair of the business premises. Specifically, there was poor lighting on the stairs due to a concert that was going on, this poor lighting caused Plaintiff to slip and fall resulting in injuries as hereinafter alleged. 8 The above negligent condition was known to Defendant or had existed for a sufficient length of time so that the Defendant should have known of it. 9 Defendant, by and through its employees, servants, and/or agents, breached its duty to the Plaintiff by committing one or more of the following negligent acts of commission and/or omission, which proximately caused injury to the Plaintiff, as hereinafter alleged more fully: a. Defendant failed to properly maintain, inspect, and examine the aforesaid area to make sure it was safe from all defects, including poor lighting; b. Defendant failed to exercise reasonable care in the maintenance of its premises; Cc. Defendant failed to warn the Plaintiff of aforesaid dangerous condition. 10. The aforementioned acts of negligence on the part of Defendant were the proximate cause of the injuries sustained by the Plaintiff. Ml. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury in and about her body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, loss of the capacity for the enjoyment of life, expense of hospitalization, medical treatment. The losses are either permanent or continuing, and Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff, Gabriela Hernandez, sues Defendant, Seed to Table, LLC, for damages and demands judgment in excess of Fifty Thousand Dollars ($50,000.00), plus interest and costs, and demands trial by jury of all issues so triable. /s/ Patrick J Kelleher PATRICK J KELLEHER, ESQUIRE FBN: 1022377 The Law Offices of Mare L. Shapiro, P.A. Attorney for Plaintiff 720 Goodlette Rd. North, Suite 304 Naples, FL 34102 Tel: (239) 649-8050 Fax: (239) 649-8057 Email: pat@attorneyshapiro.com; ina@attorneyshapiro.com Service: service@attorneyshapiro.com