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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
SANDY WITTKE,
Plaintiff,
Vv. CASE NO.: 2012 CA 003458
WAL-MART STORES, INC.,
Defendant.
/
AMENDED COMPLAINT (as to address only)
The Plaintiff, SANDY WITTKE, sues Defendant, the WAL-MART STORES, INC. and
alleges:
1 This is an action for damages in excess of $15,000.00, which are within the
jurisdictional limits of this Court, and venue properly lies in Manatee County, Florida.
COUNTI
2 At all times material hereto, the Defendant, WAL-MART STORES, INC., was and
is a corporation authorized to transact and to do business in the State of Florida.
3 At the time and place Plaintiff, SANDY WITTKE, went o1 the property to
purchase products being sold by Wal-Mart Stores, Inc.
4 On or about December 18, 2009, Defendant owns and operates a business to the
public at 5315 Cortez Road West, Bradenton, Florida and used as a business.
5 At the time and place Plaintiff, SANDY WITTKE, was an invitee on said
premises by Wal-Mart Stores, Inc.
6. At that time and place WAL-MART STORES, INC. owed a duty to the plaintiff to
maintain the store and areas in the store where invitees traveled in a reasonably safe manner.
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7 At the time and place alleged the Defendant was negligent for reasons including
but not limited to the following:
a) The defendant failed to maintain the area where the Plaintiff entered the
store in a reasonably safe manner.
b) There was a transitory foreign substance on the floor which was either
known or should have been known to the Defendant.
c) the Defendant negligently maintained the entryway and/or failed to inspect
the entryway so as to allow the condition to exist.
4d) The negligent condition was known to Defendant or had existed for a
sufficient length of time so that Defendant should have known of it.
8) As a result of the Defendant’s negligence the Plaintiff fell sustaining injuries.
9. As a result, the Plaintiff, SANDY WITTKE, 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 previously existing condition. The losses are
either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, the Plaintiff, SANDY WITTKE, sues the Defendant, WAL-MART
STORES, INC., for compensatory damages in an amount in excess of the minimum
jurisdictional limits of this Court, to-wit: $15,000.00, exclusive of interest and costs, demands
judgment therefore, and demands trial by jury of all issues triable as a right by a jury.
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DEMAND FOR JURY
The Plaintiff, SANDY WITTKE, by and through the attorney, Kallins & Little, P.A.,
hereby demands a trail by jury of this cause of action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
United States Mail to Richard B. Mangan, Jr., Esquire, Rissman, Barrett, Hurt, Donahue & McLain,
PA, 1 North Dale Mabry Highway, 11" Floor, Tampa, FL 33609 on this a day of
August 2012.
4) >
Melton H. Little, Esquire
Florida Bar No. 0603015
KALLINS, LITTLE & DELGADO, P.A.
433 8" Avenue West
Palmetto, Florida 34221
941-749-1446 Phone
941-746-6903 Facsimile
service@kallinsandlittle.com
Florida Bar No. 0603015
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION SANDY WITTKE, Plaintiff, Vv. CASE NO.: 2012 CA 003458 WAL-MART STORES, INC., Defendant. / AMENDED COMPLAINT (as to address only) The Plaintiff, SANDY WITTKE, sues Defendant, the WAL-MART STORES, INC. and alleges: 1 This is an action for damages in excess of $15,000.00, which are within the jurisdictional limits of this Court, and venue properly lies in Manatee County, Florida. COUNTI 2 At all times material hereto, the Defendant, WAL-MART STORES, INC., was and is a corporation authorized to transact and to do business in the State of Florida. 3 At the time and place Plaintiff, SANDY WITTKE, went o1 the property to purchase products being sold by Wal-Mart Stores, Inc. 4 On or about December 18, 2009, Defendant owns and operates a business to the public at 5315 Cortez Road West, Bradenton, Florida and used as a business. 5 At the time and place Plaintiff, SANDY WITTKE, was an invitee on said premises by Wal-Mart Stores, Inc. 6. At that time and place WAL-MART STORES, INC. owed a duty to the plaintiff to maintain the store and areas in the store where invitees traveled in a reasonably safe manner. E-Filed 2012 CA 003458 - 09/06/2012 02:32:29 -PG 1 of 3 7 At the time and place alleged the Defendant was negligent for reasons including but not limited to the following: a) The defendant failed to maintain the area where the Plaintiff entered the store in a reasonably safe manner. b) There was a transitory foreign substance on the floor which was either known or should have been known to the Defendant. c) the Defendant negligently maintained the entryway and/or failed to inspect the entryway so as to allow the condition to exist. 4d) The negligent condition was known to Defendant or had existed for a sufficient length of time so that Defendant should have known of it. 8) As a result of the Defendant’s negligence the Plaintiff fell sustaining injuries. 9. As a result, the Plaintiff, SANDY WITTKE, 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 previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiff, SANDY WITTKE, sues the Defendant, WAL-MART STORES, INC., for compensatory damages in an amount in excess of the minimum jurisdictional limits of this Court, to-wit: $15,000.00, exclusive of interest and costs, demands judgment therefore, and demands trial by jury of all issues triable as a right by a jury. E-Filed 2012 CA 003458 - 09/06/2012 02:32:29 -PG 2o0f3 DEMAND FOR JURY The Plaintiff, SANDY WITTKE, by and through the attorney, Kallins & Little, P.A., hereby demands a trail by jury of this cause of action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to Richard B. Mangan, Jr., Esquire, Rissman, Barrett, Hurt, Donahue & McLain, PA, 1 North Dale Mabry Highway, 11" Floor, Tampa, FL 33609 on this a day of August 2012. 4) > Melton H. Little, Esquire Florida Bar No. 0603015 KALLINS, LITTLE & DELGADO, P.A. 433 8" Avenue West Palmetto, Florida 34221 941-749-1446 Phone 941-746-6903 Facsimile service@kallinsandlittle.com Florida Bar No. 0603015 E-Filed 2012 CA 003458 - 09/06/2012 02:32:29 -PG 3 of 3