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Filing # 197495530 E-Filed 05/02/2024 01:44:31 PM
IN THE FIRST JUDICIAL CIRCUIT COURT
IN AND FOR ESCAMBIA COUNTY, STATE OF FLORIDA
NOEMI CEDENO-RODRIGUEZ,
Plaintiff,
v. CASE NO.:
DIVISION:
ASCEND MATERIALS PERFORMANCE, INC.
Defendant.
/
COMPLAINT
NOW COMES Plaintiff, NOEMI CEDENO-RODRIGUEZ, (“Plaintiff”), by and through
the undersigned counsel, and hereby sue Defendant, ASCEND MATERIALS
PERFORMANCE, INC. (“Defendant”), and allege as follows:
1. This is a civil action for damages that exceeds the minimal jurisdictional limits of
this court.
2. Venue is proper in this jurisdiction as all acts and omissions giving rise to this
complaint occurred in Cantonment, Escambia Couty, Florida, and Defendant conducts business in
Escambia County, Florida.
3. On and prior to September 25, 2020, Plaintiff, NOEMI CEDENO-RODRIGUEZ,
was an individual and is now, and at all times mentioned in this complaint, a resident of
Pascagoula, Mississippi.
4. Defendant, ASCEND PERFORMANCE MATERIAL, Inc., is a Foreign Profit
Corporation, licensed and doing business in Cantonment, Escambia County, Florida. Whose
registered agent is Corporation Service Company, 1201 Hays Street, Tallahassee, Florida 32301.
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5. On or about September 25, 2020, Defendant was the owner and/or in possession of
commercial property located at 3000 Old Chemstrand Road, in Cantonment, Escambia County,
Florida.
6. On or around September 25, 2020, Plaintiff NOEMI CEDENO-RODRIGUEZ,
acting as a licensee or invitee, entered Defendant's premises to carry out work requested by
Defendant. Suddenly and violently, and without warning, while walking on Defendant’s premises,
Plaintiff was caused to fall into a deep uncovered hole in the ground, all the way up to her left hip,
that existed on Defendant’s premises, directly in Plaintiff’s path of travel.
7. On or about September 25, 2020, Defendant was the sole owner of the area of the
premises where Plaintiff fell, located at 3000 Old Chemstrand Road, Cantonment, Escambia,
County, Florida.
8. No other entity was responsible for keeping the area of the premises where the
Plaintiff fell reasonably safe except for the defendant.
9. The uncovered hole in the ground was a dangerous condition.
10. The uncovered hole in the ground was not an open and obvious condition.
11. The uncovered hole (hereinafter “pit”) was supposed to have been covered, but
Defendant failed to cover the pit although it knew that its’ invitees and licensees would be
traversing the area of the pit on or about September 25, 2020.
12. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ sustained
serious injuries, including injuries to her hip, foot, knee, and back, amongst other things, which
required back surgery and rehabilitation.
13. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ sustained
great physical pain and mental anguish as a result of the subject fall.
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14. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ was
caused to incur considerable expenses for doctors, hospitals, and other medical expenses in and
about her efforts to try to heal and cure her injuries, and she continues to do so.
15. At no time did Plaintiff receive a warning from anyone regarding the uncovered pit
that existed on Defendant’s premises.
COUNT I
NEGLIGENCE
16. Plaintiff realleges and incorporates paragraphs one (1) through fifteen (15) as set
forth above.
17. Defendant negligently allowed a known dangerous condition to exist on its
premises and failed to use reasonable care and diligence to keep its premises in a safe condition.
18. The condition existed for such a sufficient length of time that Defendant knew of it
or should have known of it.
19. Defendant knew, or in the exercise of reasonable care should have known, of the
dangerous condition, or Defendant created the condition either through the acts and/or practices of
its employees and/or agents, its negligent design of its premises, or in its negligent mode of
operation, and Defendant should have corrected the dangerous condition or warned Plaintiff,
NOEMI CEDENO RODRIGUEZ, of its existence.
20. Defendant knew that the pit cover would regularly become dislodged, yet failed to
address the issue within a reasonable timeframe.
21. Defendant negligently failed to warn Plaintiff NOEMI CEDENO-RODRIGUEZ of
the subject dangerous condition.
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22. The dangerous condition was latent or concealed and was known to Defendant
before the subject incident occurred.
23. Prior to the subject incident, Defendant had superior knowledge of the dangers and
defects, and risks associated with the pit on the grounds of Defendant’s premises.
24. Defendant, despite having knowledge, unreasonably disregarded the rights and
safety of others including Plaintiff NOEMI CEDENO-RODRIGUEZ, through its action and
inaction, including but not limited to:
a. Permitting and/or allowing a dangerous condition to exist on the above described
premises;
b. Failing to keep its premises in a reasonably safe condition;
c. Failing to warn of the dangerous condition created by the pit when it knew, or
should have known, that its presence created a dangerous condition for all who
came across it;
d. Failing to inspect the premises for the presence of dangerous defects or conditions
which posed a hazard to its invitees and licensees;
e. Failing to maintain, repair, cover, or make the uncovered pit safe;
f. Failing to place safety cones or take any reasonable precautions to protect its
invitees and licensees from the danger created by the pit; and
g. Failing to otherwise exercise reasonable care for the safety of licensees, invitees, to
include, Plaintiff, NOEMI CEDENO-RODRIGUEZ.
25. Defendant’s negligent conduct described herein breached a duty of care to Plaintiff,
NOEMI CEDENO-RODRIGUEZ, by violation of local, state, and national laws, regulations,
ordinances, industry standards and/or safety codes. Plaintiff, NOEMI CEDENO-RODRIGUEZ,
is within the class of persons intended to be protected by said laws, regulations, ordinances,
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industry standards, and/or safety codes, and is among the class of persons to whom such a duty is
owed. Plaintiff’s injuries are of the type of harm intended to be prevented by such laws,
regulations, ordinances, industry standards, and/or safety codes.
26. As a result of the negligence of the Defendant, its employees, and/or agents,
Plaintiff, NOEMI CEDENO-RODRIGUEZ, suffered permanent 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, treatment, and loss of earnings and loss of
ability to earn money. As the injuries are permanent, Plaintiff, NOEMI CEDENO-RODRIGUEZ,
will continue to suffer losses in the future.
WHEREFORE, Plaintiff, NOEMI CEDENO-RODRIGUEZ demand judgment against
the Defendant, ASCEND PERFORMANCE MATERIAL, Inc., for all compensable damages
under Florida law and a a trial by jury of all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury of all issues so triable.
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Respectfully Submitted,
_/s/ Aaron L. Watson_____________
AARON L. WATSON, ESQ.
Florida Bar No: 0071091
JOHN ROGERS, ESQ
Florida Bar No.:
SUSAN DELBOSQ, ESQ.
Florida Bar No.:
THE WATSON FIRM, PLLC
850 S. Palafox Street, Ste 202
Pensacola, FL 32502
Tel.: 850.607.2929
Fax: 850.607.2055
E-Mail: awatson@watsonfirm.com
E-Mail: jrogers@watsonfirm.com
E-mail: sdelbosq@watsonfirm.com
Attorneys for Plaintiffs
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CERTIFICATE RE: E-FILING AND E-SERVICE
I HEREBY CERTIFY, on this 2nd day of May 2024, that the foregoing Complaint is
hereby electronically filed in compliance with Florida Rules of Judicial Administration 2.515
and 2.516(e).
I FURTHER CERTIFY, for purposes of service of any documents after initial process, that
sdelbosq@watsonfirm.com and awatson@watsonfirm.com are primary email addresses with
secondary email addresses of tparks@watsonfirm.com and filing@watsonfirm.com.
/s/ Aaron L. Watson
Aaron Watson, Esq.
THE WATSON FIRM, PLLC
Attorney for Plaintiffs
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Preview
Filing # 197495530 E-Filed 05/02/2024 01:44:31 PM IN THE FIRST JUDICIAL CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, STATE OF FLORIDA NOEMI CEDENO-RODRIGUEZ, Plaintiff, v. CASE NO.: DIVISION: ASCEND MATERIALS PERFORMANCE, INC. Defendant. / COMPLAINT NOW COMES Plaintiff, NOEMI CEDENO-RODRIGUEZ, (“Plaintiff”), by and through the undersigned counsel, and hereby sue Defendant, ASCEND MATERIALS PERFORMANCE, INC. (“Defendant”), and allege as follows: 1. This is a civil action for damages that exceeds the minimal jurisdictional limits of this court. 2. Venue is proper in this jurisdiction as all acts and omissions giving rise to this complaint occurred in Cantonment, Escambia Couty, Florida, and Defendant conducts business in Escambia County, Florida. 3. On and prior to September 25, 2020, Plaintiff, NOEMI CEDENO-RODRIGUEZ, was an individual and is now, and at all times mentioned in this complaint, a resident of Pascagoula, Mississippi. 4. Defendant, ASCEND PERFORMANCE MATERIAL, Inc., is a Foreign Profit Corporation, licensed and doing business in Cantonment, Escambia County, Florida. Whose registered agent is Corporation Service Company, 1201 Hays Street, Tallahassee, Florida 32301. 1 5. On or about September 25, 2020, Defendant was the owner and/or in possession of commercial property located at 3000 Old Chemstrand Road, in Cantonment, Escambia County, Florida. 6. On or around September 25, 2020, Plaintiff NOEMI CEDENO-RODRIGUEZ, acting as a licensee or invitee, entered Defendant's premises to carry out work requested by Defendant. Suddenly and violently, and without warning, while walking on Defendant’s premises, Plaintiff was caused to fall into a deep uncovered hole in the ground, all the way up to her left hip, that existed on Defendant’s premises, directly in Plaintiff’s path of travel. 7. On or about September 25, 2020, Defendant was the sole owner of the area of the premises where Plaintiff fell, located at 3000 Old Chemstrand Road, Cantonment, Escambia, County, Florida. 8. No other entity was responsible for keeping the area of the premises where the Plaintiff fell reasonably safe except for the defendant. 9. The uncovered hole in the ground was a dangerous condition. 10. The uncovered hole in the ground was not an open and obvious condition. 11. The uncovered hole (hereinafter “pit”) was supposed to have been covered, but Defendant failed to cover the pit although it knew that its’ invitees and licensees would be traversing the area of the pit on or about September 25, 2020. 12. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ sustained serious injuries, including injuries to her hip, foot, knee, and back, amongst other things, which required back surgery and rehabilitation. 13. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ sustained great physical pain and mental anguish as a result of the subject fall. 2 14. As a result of the subject fall, Plaintiff NOEMI CEDENO-RODRIGUEZ was caused to incur considerable expenses for doctors, hospitals, and other medical expenses in and about her efforts to try to heal and cure her injuries, and she continues to do so. 15. At no time did Plaintiff receive a warning from anyone regarding the uncovered pit that existed on Defendant’s premises. COUNT I NEGLIGENCE 16. Plaintiff realleges and incorporates paragraphs one (1) through fifteen (15) as set forth above. 17. Defendant negligently allowed a known dangerous condition to exist on its premises and failed to use reasonable care and diligence to keep its premises in a safe condition. 18. The condition existed for such a sufficient length of time that Defendant knew of it or should have known of it. 19. Defendant knew, or in the exercise of reasonable care should have known, of the dangerous condition, or Defendant created the condition either through the acts and/or practices of its employees and/or agents, its negligent design of its premises, or in its negligent mode of operation, and Defendant should have corrected the dangerous condition or warned Plaintiff, NOEMI CEDENO RODRIGUEZ, of its existence. 20. Defendant knew that the pit cover would regularly become dislodged, yet failed to address the issue within a reasonable timeframe. 21. Defendant negligently failed to warn Plaintiff NOEMI CEDENO-RODRIGUEZ of the subject dangerous condition. 3 22. The dangerous condition was latent or concealed and was known to Defendant before the subject incident occurred. 23. Prior to the subject incident, Defendant had superior knowledge of the dangers and defects, and risks associated with the pit on the grounds of Defendant’s premises. 24. Defendant, despite having knowledge, unreasonably disregarded the rights and safety of others including Plaintiff NOEMI CEDENO-RODRIGUEZ, through its action and inaction, including but not limited to: a. Permitting and/or allowing a dangerous condition to exist on the above described premises; b. Failing to keep its premises in a reasonably safe condition; c. Failing to warn of the dangerous condition created by the pit when it knew, or should have known, that its presence created a dangerous condition for all who came across it; d. Failing to inspect the premises for the presence of dangerous defects or conditions which posed a hazard to its invitees and licensees; e. Failing to maintain, repair, cover, or make the uncovered pit safe; f. Failing to place safety cones or take any reasonable precautions to protect its invitees and licensees from the danger created by the pit; and g. Failing to otherwise exercise reasonable care for the safety of licensees, invitees, to include, Plaintiff, NOEMI CEDENO-RODRIGUEZ. 25. Defendant’s negligent conduct described herein breached a duty of care to Plaintiff, NOEMI CEDENO-RODRIGUEZ, by violation of local, state, and national laws, regulations, ordinances, industry standards and/or safety codes. Plaintiff, NOEMI CEDENO-RODRIGUEZ, is within the class of persons intended to be protected by said laws, regulations, ordinances, 4 industry standards, and/or safety codes, and is among the class of persons to whom such a duty is owed. Plaintiff’s injuries are of the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards, and/or safety codes. 26. As a result of the negligence of the Defendant, its employees, and/or agents, Plaintiff, NOEMI CEDENO-RODRIGUEZ, suffered permanent 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, treatment, and loss of earnings and loss of ability to earn money. As the injuries are permanent, Plaintiff, NOEMI CEDENO-RODRIGUEZ, will continue to suffer losses in the future. WHEREFORE, Plaintiff, NOEMI CEDENO-RODRIGUEZ demand judgment against the Defendant, ASCEND PERFORMANCE MATERIAL, Inc., for all compensable damages under Florida law and a a trial by jury of all issues so triable. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury of all issues so triable. 5 Respectfully Submitted, _/s/ Aaron L. Watson_____________ AARON L. WATSON, ESQ. Florida Bar No: 0071091 JOHN ROGERS, ESQ Florida Bar No.: SUSAN DELBOSQ, ESQ. Florida Bar No.: THE WATSON FIRM, PLLC 850 S. Palafox Street, Ste 202 Pensacola, FL 32502 Tel.: 850.607.2929 Fax: 850.607.2055 E-Mail: awatson@watsonfirm.com E-Mail: jrogers@watsonfirm.com E-mail: sdelbosq@watsonfirm.com Attorneys for Plaintiffs 6 CERTIFICATE RE: E-FILING AND E-SERVICE I HEREBY CERTIFY, on this 2nd day of May 2024, that the foregoing Complaint is hereby electronically filed in compliance with Florida Rules of Judicial Administration 2.515 and 2.516(e). I FURTHER CERTIFY, for purposes of service of any documents after initial process, that sdelbosq@watsonfirm.com and awatson@watsonfirm.com are primary email addresses with secondary email addresses of tparks@watsonfirm.com and filing@watsonfirm.com. /s/ Aaron L. Watson Aaron Watson, Esq. THE WATSON FIRM, PLLC Attorney for Plaintiffs 7