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Filing # 57876578 E-Filed 06/16/2017 02:34:24 PM
IN THE CIRCUIT COURT OF THE
1" JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
ALEXANDER GRIJAK
Plaintiff,
VS.
MET DU HOTEL, LLC.
d/b/a, FW MARRIOTT MARQUIS MIAMI
Defendant.
VERIFIED COMPLAINT
COME NOW, the Plaintiff. Alexander Grijak, by and through his undersigned counsel,
and hereby sues the Defendant, MET IL Hotel, LLC., d/b/a, JW Marriott Marquis Miami, and
alleges as follows:
GENERAL ALLEGATIONS, PARTIES, JURISDICTION, AND VENUE
1. ‘This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00),
exclusive of interest and costs and is within the jurisdiction of this Court.
2. At all times material hereto, Plaintiff, Alexander Grijak is a resident of Miami-
Dade County, Florida.
3. At all times material hereto, Defendant, MET Uf Hotel, LLC., d/b/a, JW Marriott
Marquis Miami, is a corporation, registered and authorized to do business throughout the State of
Florida, and conducting business in Miami-Dade County, Florida.
4. Defendant, MET Tf Hote, LUC. d/b/a, EW Marriott Marquis Miami, owns and
operates a hotel located at 255 Biscayne Boulevard Way, Miami, Florida 33131, (hereinafterreferred to as the “the hotel”),
5, On or about January 1 1" 2016, Plaintiff, Alexander Grijak, was working in one of
the event rooms of “the hotel”, owned and operated by the Defendant, installing and testing
audio/visual equipment.
6. Plaintiff, Alexander Grijak, was closing an “Air Wall” (hereinafter “wall*) when
the wall suddenly and without notice jolted on its misaligned and damaged tracks and shut
quickly, severing his index and middle fingers on his left hand.
7. Plaintiff, Alexander Grijak, attempted unsuccessfully to find and save the severed
pieces of his fingers immediately for possible re-attachment at the trauma center that he was
immediately rashed to after the incident.
8 Plaintiff, Alexander Grijak, is severely injured and no longer has full use of his
left hand which he needs to perform a slew of fine motor movements necessary in effecting his
craft of audio/visual equipment installation and his ordinary life activities.
9. At all times material hereto, Plaintiff has performed all conditions precedent to the
institution of this action or the same has/have been waived.
COUNTI
NEGLIGENCE
Plaintiff, Alexander Grijak, realleges paragraphs | through 9 as if fully set forth herein and
further alleges that:
10. On or about January 11" 2016, the Defendant, MET If Hotel, LLC., d/b/a, 3W
Marriott Marquis Miami, owned, operated and maintained the subject property, said premises being
a hotel with event rooms.
11, At that time and place stated above, Plaintiff, Alexander Grijak, was installing and
testing audio/visual equipment, as he has always done in the past through his employer with the
weconsent and permission of the Defendant.
12. At all times material hereto, Defendant, MET I Hotel, LLC., d/b/a, JW Marriott
Marquis Miami, owed a duty to the Plaintiff in properly maintaining the wall (designed specifically for
opening and closing to separate event rooms) in a reasonable and working condition and to warn him of
potential dangers.
13. Defendant, MET It Hotel, LLC. d/b/a, JW Marriott Marquis Miami, breached its
duty of maintaining the wall by not maintaining its tracks and its components in a proper functioning
suanner and failed to place warning signage of the potential dangers it could pose,
i4, ‘The negligent condition was known or should have been known to the Defendant or
had existed for a sufficient length of time so that the Defendant should have known of it and/or the
Defendant should have taken precautions to warn the Plaintiff of the dangerous conditions in order
to prevent a hazardous and unsafe condition,
15. The Defendant failed to warn the Plaintiff of this dangerous condition, and Plaintiff
had no prior knowledge of same as the condition was not obvious or apparent to the Plaintiff.
16. The Defendant failed to inspect the Plaintiffs wall in a reasonable manner, and that
a reasonable inspection would have revealed the defect and/or dangerous condition existed.
17, Defendant's breach of its duties was a legal and proximate cause of the injuries and
damages sustained by the Plaintiff.
18. As a result, Plaintiff Alexander Grijak, suffered severe injuries, suffered pain
therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap, the
injuries are either permanent or continuing in nature and Plaintiff, Alexander Grijak, will suffer the
losses and impairment in the future.
WHEREFORE, Plaintiff, Alexander Grijak, demands judgment against the Defendant,
MET UH Hotel, LLC, d/b/a, FW Marriott Marquis Miami, in excess of Fifteen ThousandDollars ($15,000.60), together with costs allowed by law, and such other and further relief this
Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand trial by jury on all issues so triable as of right by a jury.
State of Florida
County of Miami-Dade
Alexander Grijak
Before me, the undersigned authority, personally appeared Alexander Grijak and did hereby
attest and/or affirm the foregoing to be true and correct to the best of his knowledge. Identification
shown to validate identity: _
My Commission Expires:
Notary Public State of Florida
Respectfully submitted as Counsel for Plaintiff,
ROBERT W. RODRIGUEZ, P.A.
Attorney for Plaintiffs
5001 SW 74 Court, Suite 105
Miami, Florida 33155
Telephone; (305) 444-1446
Faesimile: (305) 907-5244
Mey
By: /ofRobert W. Rodriguez
Robert W. Rodriguez, Esq.
Florida Bar No.: 856975
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Filing # 57876578 E-Filed 06/16/2017 02:34:24 PM IN THE CIRCUIT COURT OF THE 1" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: ALEXANDER GRIJAK Plaintiff, VS. MET DU HOTEL, LLC. d/b/a, FW MARRIOTT MARQUIS MIAMI Defendant. VERIFIED COMPLAINT COME NOW, the Plaintiff. Alexander Grijak, by and through his undersigned counsel, and hereby sues the Defendant, MET IL Hotel, LLC., d/b/a, JW Marriott Marquis Miami, and alleges as follows: GENERAL ALLEGATIONS, PARTIES, JURISDICTION, AND VENUE 1. ‘This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs and is within the jurisdiction of this Court. 2. At all times material hereto, Plaintiff, Alexander Grijak is a resident of Miami- Dade County, Florida. 3. At all times material hereto, Defendant, MET Uf Hotel, LLC., d/b/a, JW Marriott Marquis Miami, is a corporation, registered and authorized to do business throughout the State of Florida, and conducting business in Miami-Dade County, Florida. 4. Defendant, MET Tf Hote, LUC. d/b/a, EW Marriott Marquis Miami, owns and operates a hotel located at 255 Biscayne Boulevard Way, Miami, Florida 33131, (hereinafterreferred to as the “the hotel”), 5, On or about January 1 1" 2016, Plaintiff, Alexander Grijak, was working in one of the event rooms of “the hotel”, owned and operated by the Defendant, installing and testing audio/visual equipment. 6. Plaintiff, Alexander Grijak, was closing an “Air Wall” (hereinafter “wall*) when the wall suddenly and without notice jolted on its misaligned and damaged tracks and shut quickly, severing his index and middle fingers on his left hand. 7. Plaintiff, Alexander Grijak, attempted unsuccessfully to find and save the severed pieces of his fingers immediately for possible re-attachment at the trauma center that he was immediately rashed to after the incident. 8 Plaintiff, Alexander Grijak, is severely injured and no longer has full use of his left hand which he needs to perform a slew of fine motor movements necessary in effecting his craft of audio/visual equipment installation and his ordinary life activities. 9. At all times material hereto, Plaintiff has performed all conditions precedent to the institution of this action or the same has/have been waived. COUNTI NEGLIGENCE Plaintiff, Alexander Grijak, realleges paragraphs | through 9 as if fully set forth herein and further alleges that: 10. On or about January 11" 2016, the Defendant, MET If Hotel, LLC., d/b/a, 3W Marriott Marquis Miami, owned, operated and maintained the subject property, said premises being a hotel with event rooms. 11, At that time and place stated above, Plaintiff, Alexander Grijak, was installing and testing audio/visual equipment, as he has always done in the past through his employer with the weconsent and permission of the Defendant. 12. At all times material hereto, Defendant, MET I Hotel, LLC., d/b/a, JW Marriott Marquis Miami, owed a duty to the Plaintiff in properly maintaining the wall (designed specifically for opening and closing to separate event rooms) in a reasonable and working condition and to warn him of potential dangers. 13. Defendant, MET It Hotel, LLC. d/b/a, JW Marriott Marquis Miami, breached its duty of maintaining the wall by not maintaining its tracks and its components in a proper functioning suanner and failed to place warning signage of the potential dangers it could pose, i4, ‘The negligent condition was known or should have been known to the Defendant or had existed for a sufficient length of time so that the Defendant should have known of it and/or the Defendant should have taken precautions to warn the Plaintiff of the dangerous conditions in order to prevent a hazardous and unsafe condition, 15. The Defendant failed to warn the Plaintiff of this dangerous condition, and Plaintiff had no prior knowledge of same as the condition was not obvious or apparent to the Plaintiff. 16. The Defendant failed to inspect the Plaintiffs wall in a reasonable manner, and that a reasonable inspection would have revealed the defect and/or dangerous condition existed. 17, Defendant's breach of its duties was a legal and proximate cause of the injuries and damages sustained by the Plaintiff. 18. As a result, Plaintiff Alexander Grijak, suffered severe injuries, suffered pain therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap, the injuries are either permanent or continuing in nature and Plaintiff, Alexander Grijak, will suffer the losses and impairment in the future. WHEREFORE, Plaintiff, Alexander Grijak, demands judgment against the Defendant, MET UH Hotel, LLC, d/b/a, FW Marriott Marquis Miami, in excess of Fifteen ThousandDollars ($15,000.60), together with costs allowed by law, and such other and further relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs hereby demand trial by jury on all issues so triable as of right by a jury. State of Florida County of Miami-Dade Alexander Grijak Before me, the undersigned authority, personally appeared Alexander Grijak and did hereby attest and/or affirm the foregoing to be true and correct to the best of his knowledge. Identification shown to validate identity: _ My Commission Expires: Notary Public State of Florida Respectfully submitted as Counsel for Plaintiff, ROBERT W. RODRIGUEZ, P.A. Attorney for Plaintiffs 5001 SW 74 Court, Suite 105 Miami, Florida 33155 Telephone; (305) 444-1446 Faesimile: (305) 907-5244 Mey By: /ofRobert W. Rodriguez Robert W. Rodriguez, Esq. Florida Bar No.: 856975