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Filing # 193857087 E-Filed 03/12/2024 03:41:26 PM
IN THE CIRCUIT COURT IN THE TENTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NO:
RAMONA DIAZ,
Plaintiff,
vs.
CITY OF KISSIMEE,
Defendants.
/
COMPLAINT
COMES NOW Plaintiff, RAMONA DIAZ, and sues Defendants, CITY OF KISSIMEE
and alleges:
1. This is an action for damages that exceeds the sum of FIFTY THOUSAND
DOLLARS ($50,000.00), exclusive of costs, interest and attorneys' fees (The estimated value of
Plaintiff s claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered "$50,001" in the civil cover sheet for the "estimated amount of
the claim" as required in the preamble to the civil cover sheet for jurisdictional purposes only (the
Florida Supreme Court has ordered that the estimated "amount of claim" be set forth in the civil
cover sheet for data collection and clerical purposes only). The actual value of Plaintiff s claim
will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. Plaintiff is a natural person residing in Osceola County, Florida.
3. At all times material to this action, CITY OF KISSIMEE is governmental
municipality in the State of Florida.
4. At all times material to this action, Defendant, CITY OF KISSIMEE is a corporation
licensed to do business in the state of Florida and conducting such business in the state of Florida.
5. Venue is proper in Osceola County as it is the location of the subject incident
aforementioned in this Complaint.
6. As said time and place, Plaintiff was lawfully upon the premises of the Defendant,
CITY OF KISSIMEE who owed Plaintiff a duty to exercise reasonable care for her safety.
7. On or about October 5, 2020, Plaintiff was lawfully traveling up the concrete steps
located on 201 Lakeview Dr. Kissimmee, FL 34741, in the CITY OF KISSIMEE Osceola County,
Florida, whilst Plaintiff was traveling up the steps, she fell due to a broken step.
8. On or about October 5, 2020, Defendant, CITY OF KISSIMEE was responsible for
the maintenance of the steps where the above-mentioned incident occurred.
COUNT I
NEGLIGENCE OF CITY OF KISSIMEE
9. Plaintiff reallages counts 1-8 and incorporates the preceding paragraphs by reference
thereto as if set forth in their entirety herein.
10. At said time and place, Plaintiff was, lawfully upon the premises of the Defendant,
who owed Plaintiff a duty to exercise reasonable care for her safety.
11. Defendant, CITY OF KISSIMEE had a non-delegable duty to ensure their premise
was kept in a reasonably safe condition.
12. Defendant, CITY OF KISSIMEE breached its non-delegable duty by allowing the
broken step located on its premises to be unsafe by negligently maintaining its premises in by
committing one or more of the following omissions or commissions:
a) Negligently failing to maintain or adequately maintain the premises by allowing the
steps to be broken and thus creating a hazardous condition to members of the public
utilizing said area, including the Plaintiff herein, thus creating an unreasonably
dangerous condition for Plaintiff.
b) Negligently failing to inspect or adequately inspect the steps where in the incident
occurred thus creating a hazardous condition to members of the public utilizing said
area, including the Plaintiff herein, thus creating an unreasonably dangerous condition
for Plaintiff.
c) Negligently failing to inspect or adequately warn the Plaintiff of the danger of the broken
steps thus creating a hazardous condition to members of the public utilizing said area,
including the Plaintiff herein, thus creating an unreasonably dangerous condition for
Plaintiff;
d) Negligently failing to correct or adequately correct the unreasonably dangerous
condition of the steps to be broken on Defendant’s premises, when said condition was
either known to Defendant or had existed for a sufficient length of time such that
Defendant should have known of same had Defendant exercised reasonable care.
13. That the Defendant, CITY OF KISSIMEE knew or in the exercise of reasonable care
should have known of the existence of the steps to be broken located on 201 Lakeview Dr.
Kissimmee, FL 34741 in CITY OF KISSIMEE Florida, that Plaintiff was in located on its premises
which was a hazardous and dangerous condition.
14. That the hazardous and dangerous condition which constituted a dangerous
condition to the Plaintiff occurred with such regularity that Defendant, CITY OF KISSIMEE should
have known of the existence of the dangerous and hazardous condition.
15. As a result, while Plaintiff was traveling the aforementioned steps, Plaintiff tripped
and fell on a broken step and therefore sustained injuries as set forth.
16. As a direct and proximate result of the negligence of Defendant, CITY OF
KISSIMEE Plaintiff suffered bodily injury in and about his body and extremities, resulting in pain
and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of
the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earning, loss of the ability to earn money, and aggravation of previously existing
condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the
future.
RESPECTFULLY submitted this 12th day of March 2024.
/s/ Albert Jason Yonfa
ALBERT JASON YONFA, ESQ.
(FBN: 065571)
The Pendás Law Firm
625 E. Colonial Drive
Orlando, Florida 32803
Tel: 407-352-3535
Fax: 407-770-6066
Primary email: ayonfa@pendawlaw.com
Secondary email: pcohen@pendaslaw.com
Attorneys for the Plaintiff
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Filing # 193857087 E-Filed 03/12/2024 03:41:26 PM IN THE CIRCUIT COURT IN THE TENTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: RAMONA DIAZ, Plaintiff, vs. CITY OF KISSIMEE, Defendants. / COMPLAINT COMES NOW Plaintiff, RAMONA DIAZ, and sues Defendants, CITY OF KISSIMEE and alleges: 1. This is an action for damages that exceeds the sum of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of costs, interest and attorneys' fees (The estimated value of Plaintiff s claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered "$50,001" in the civil cover sheet for the "estimated amount of the claim" as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated "amount of claim" be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff s claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. Plaintiff is a natural person residing in Osceola County, Florida. 3. At all times material to this action, CITY OF KISSIMEE is governmental municipality in the State of Florida. 4. At all times material to this action, Defendant, CITY OF KISSIMEE is a corporation licensed to do business in the state of Florida and conducting such business in the state of Florida. 5. Venue is proper in Osceola County as it is the location of the subject incident aforementioned in this Complaint. 6. As said time and place, Plaintiff was lawfully upon the premises of the Defendant, CITY OF KISSIMEE who owed Plaintiff a duty to exercise reasonable care for her safety. 7. On or about October 5, 2020, Plaintiff was lawfully traveling up the concrete steps located on 201 Lakeview Dr. Kissimmee, FL 34741, in the CITY OF KISSIMEE Osceola County, Florida, whilst Plaintiff was traveling up the steps, she fell due to a broken step. 8. On or about October 5, 2020, Defendant, CITY OF KISSIMEE was responsible for the maintenance of the steps where the above-mentioned incident occurred. COUNT I NEGLIGENCE OF CITY OF KISSIMEE 9. Plaintiff reallages counts 1-8 and incorporates the preceding paragraphs by reference thereto as if set forth in their entirety herein. 10. At said time and place, Plaintiff was, lawfully upon the premises of the Defendant, who owed Plaintiff a duty to exercise reasonable care for her safety. 11. Defendant, CITY OF KISSIMEE had a non-delegable duty to ensure their premise was kept in a reasonably safe condition. 12. Defendant, CITY OF KISSIMEE breached its non-delegable duty by allowing the broken step located on its premises to be unsafe by negligently maintaining its premises in by committing one or more of the following omissions or commissions: a) Negligently failing to maintain or adequately maintain the premises by allowing the steps to be broken and thus creating a hazardous condition to members of the public utilizing said area, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff. b) Negligently failing to inspect or adequately inspect the steps where in the incident occurred thus creating a hazardous condition to members of the public utilizing said area, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff. c) Negligently failing to inspect or adequately warn the Plaintiff of the danger of the broken steps thus creating a hazardous condition to members of the public utilizing said area, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff; d) Negligently failing to correct or adequately correct the unreasonably dangerous condition of the steps to be broken on Defendant’s premises, when said condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care. 13. That the Defendant, CITY OF KISSIMEE knew or in the exercise of reasonable care should have known of the existence of the steps to be broken located on 201 Lakeview Dr. Kissimmee, FL 34741 in CITY OF KISSIMEE Florida, that Plaintiff was in located on its premises which was a hazardous and dangerous condition. 14. That the hazardous and dangerous condition which constituted a dangerous condition to the Plaintiff occurred with such regularity that Defendant, CITY OF KISSIMEE should have known of the existence of the dangerous and hazardous condition. 15. As a result, while Plaintiff was traveling the aforementioned steps, Plaintiff tripped and fell on a broken step and therefore sustained injuries as set forth. 16. As a direct and proximate result of the negligence of Defendant, CITY OF KISSIMEE Plaintiff suffered bodily injury in and about his body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. RESPECTFULLY submitted this 12th day of March 2024. /s/ Albert Jason Yonfa ALBERT JASON YONFA, ESQ. (FBN: 065571) The Pendás Law Firm 625 E. Colonial Drive Orlando, Florida 32803 Tel: 407-352-3535 Fax: 407-770-6066 Primary email: ayonfa@pendawlaw.com Secondary email: pcohen@pendaslaw.com Attorneys for the Plaintiff