Preview
Filing # 195682444 E-Filed 04/08/2024 12:09:08 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
KATELYN BRIDGMON
f/k/a KATELYN BURGESS,
Plaintiff,
vs. Case No.
CYNTHIA M. TEARS and
SHAWN C. TEARS
Defendant.
_______________________/
COMPLAINT
COMES NOW the Plaintiff, KATELYN BRIDGMON, through her undersigned
counsel, sues the Defendant, CYTHNIA M. TEARS and SHAWN C. TEARS, 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.
4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
2. Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS are residents of
HILLSBOROUGH County, Florida
3. At all times pertinent hereto, Plaintiff was a resident of HILLSBOROUGH
County, Florida.
4. The predicate event, which gives rise to this claim, took place in
HILLSBOROUGH County Florida.
5. HILLSBOROUGH County is proper venue for this action.
COUNT ONE – UNSAFE PREMISES
6. Plaintiff incorporates by reference paragraphs 1 through 5 of this complaint.
7. On or about July 8, 2022, Plaintiff, KATELYN BRIDGMON, was traveling
eastbound on Thonotosassa Road, in Plant City, Florida, when a 45-foot tree that was
located on the Defendant’s property located at 3801 Thonotosassa Road, in Plant City,
Florida 33565, fell onto the roadway colliding with the Plaintiff’s vehicle then causing the
Plaintiff’s vehicle to rear-end another vehicle on the road. The subject tree was located
at 3801 Thonotosassa Rd., Plant City, FL, which property is owned, operated, managed
and/or maintained by Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS.
8. Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS owed a duty to
its invitees and to people in the foreseeable zone of risk, including Plaintiff KATELYN
BRIDGMON, to use reasonable care in maintaining and operating its premises in a
reasonably safe condition; and the further duty to use reasonable care to timely discover
and eliminate any hazards which existed in and around the premises used by its invitees
in the normal course of business.
9. The Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, breached
that duty when they allowed a tree to deteriorate into a condition by which it could fall to
the ground and injure others.
4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
9. The dangerous and unsafe condition was known to the Defendants,
CYNTHIA M. TEARS and SHAWN C. TEARS or had existed for sufficient length of time
so that the Defendants should have known of it or was actually created by the Defendants.
10. Notwithstanding its duty to Plaintiff KATELYN BRIDGMON, as set forth
above, Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, negligently failed to
keep its premises in a reasonably safe condition and to eliminate or warn invitees using
its grounds area of a dangerous condition existing on its premises:
a) by failing to take reasonable care to eliminate a dangerous condition of
which it had actual knowledge;
b) by failing to use reasonable care to timely discover the existence of the
dangerous condition on its premises, by means of a reasonably diligent
search or inspection of its premises at reasonable intervals of time.
11. Regardless of the Defendants, CYNTHIA M. TEARS and SHAWN C.
TEARS, knowledge of the dangerous and unsafe condition, the Defendant's mode of
conducting its operations was such that they breached their duty to maintain their
premises in a reasonably safe condition, creating a generalized and foreseeable risk of
harming others.
12. The Defendant also had a duty to warn those in the foreseeable zone of risk
of the dangerous condition(s) on its property and the Defendants, CYNTHIA M. TEARS
AND SHAWN C, TEARS failed to post any such warnings of a dangerous condition.
13. As a direct and proximate result of either the defendants failure to keep its
premises in a reasonably safe condition and to eliminate or warn invitees using its
grounds area of a dangerous condition OR the negligent mode of operation in conducting
its business, Plaintiff KATELYN BRIDGMON, suffered one or more of the following: bodily
injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the
4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
enjoyment of life, expense of hospitalization, medical and nursing care and treatment,
loss of ability to earn money, and aggravation of a previously existing condition. The
losses are either permanent or continuing and Plaintiff Minor will suffer the losses in the
future.
WHEREFORE, Plaintiff, KATELYN BRIDGMON, demands judgment for damages
against Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, together with interest
and costs of these proceedings.
DEMAND FOR JURY TRIAL
Plaintiff, KATELYN BRIDGMON, demands a trial by jury on all issues so triable.
Dated this 8th day of April 2024.
JILES & FUGATE LAW GROUP
P.O. Box 1847
Winter Haven, FL 33882
T: 863-875-6900
F: 863-875-6901
Attorneys for Plaintiff
/s/ Shawn A. Jiles___________
SHAWN A. JILES, B.C.S
Florida Bar No. 0667870
jileslawservice@gotocourtforme.com
4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 195682444 E-Filed 04/08/2024 12:09:08 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA KATELYN BRIDGMON f/k/a KATELYN BURGESS, Plaintiff, vs. Case No. CYNTHIA M. TEARS and SHAWN C. TEARS Defendant. _______________________/ COMPLAINT COMES NOW the Plaintiff, KATELYN BRIDGMON, through her undersigned counsel, sues the Defendant, CYTHNIA M. TEARS and SHAWN C. TEARS, 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. 4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 2. Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS are residents of HILLSBOROUGH County, Florida 3. At all times pertinent hereto, Plaintiff was a resident of HILLSBOROUGH County, Florida. 4. The predicate event, which gives rise to this claim, took place in HILLSBOROUGH County Florida. 5. HILLSBOROUGH County is proper venue for this action. COUNT ONE – UNSAFE PREMISES 6. Plaintiff incorporates by reference paragraphs 1 through 5 of this complaint. 7. On or about July 8, 2022, Plaintiff, KATELYN BRIDGMON, was traveling eastbound on Thonotosassa Road, in Plant City, Florida, when a 45-foot tree that was located on the Defendant’s property located at 3801 Thonotosassa Road, in Plant City, Florida 33565, fell onto the roadway colliding with the Plaintiff’s vehicle then causing the Plaintiff’s vehicle to rear-end another vehicle on the road. The subject tree was located at 3801 Thonotosassa Rd., Plant City, FL, which property is owned, operated, managed and/or maintained by Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS. 8. Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS owed a duty to its invitees and to people in the foreseeable zone of risk, including Plaintiff KATELYN BRIDGMON, to use reasonable care in maintaining and operating its premises in a reasonably safe condition; and the further duty to use reasonable care to timely discover and eliminate any hazards which existed in and around the premises used by its invitees in the normal course of business. 9. The Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, breached that duty when they allowed a tree to deteriorate into a condition by which it could fall to the ground and injure others. 4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 9. The dangerous and unsafe condition was known to the Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS or had existed for sufficient length of time so that the Defendants should have known of it or was actually created by the Defendants. 10. Notwithstanding its duty to Plaintiff KATELYN BRIDGMON, as set forth above, Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, negligently failed to keep its premises in a reasonably safe condition and to eliminate or warn invitees using its grounds area of a dangerous condition existing on its premises: a) by failing to take reasonable care to eliminate a dangerous condition of which it had actual knowledge; b) by failing to use reasonable care to timely discover the existence of the dangerous condition on its premises, by means of a reasonably diligent search or inspection of its premises at reasonable intervals of time. 11. Regardless of the Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, knowledge of the dangerous and unsafe condition, the Defendant's mode of conducting its operations was such that they breached their duty to maintain their premises in a reasonably safe condition, creating a generalized and foreseeable risk of harming others. 12. The Defendant also had a duty to warn those in the foreseeable zone of risk of the dangerous condition(s) on its property and the Defendants, CYNTHIA M. TEARS AND SHAWN C, TEARS failed to post any such warnings of a dangerous condition. 13. As a direct and proximate result of either the defendants failure to keep its premises in a reasonably safe condition and to eliminate or warn invitees using its grounds area of a dangerous condition OR the negligent mode of operation in conducting its business, Plaintiff KATELYN BRIDGMON, suffered one or more of the following: bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the 4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff Minor will suffer the losses in the future. WHEREFORE, Plaintiff, KATELYN BRIDGMON, demands judgment for damages against Defendants, CYNTHIA M. TEARS and SHAWN C. TEARS, together with interest and costs of these proceedings. DEMAND FOR JURY TRIAL Plaintiff, KATELYN BRIDGMON, demands a trial by jury on all issues so triable. Dated this 8th day of April 2024. JILES & FUGATE LAW GROUP P.O. Box 1847 Winter Haven, FL 33882 T: 863-875-6900 F: 863-875-6901 Attorneys for Plaintiff /s/ Shawn A. Jiles___________ SHAWN A. JILES, B.C.S Florida Bar No. 0667870 jileslawservice@gotocourtforme.com 4/8/2024 12:09 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4