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Filing # 75049158 E-Filed 07/17/2018 10:21:44 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA.
DOUGLAS BRANCH, CASE NO.: CACE-18-001790 (12)
Plaintiff, GENERAL JURISDICTION
v.
SOUTH FLORIDA LIGHTING TEAM LLC,
and the CITY OF FORT LAUDERDALE,
Defendants.
/
AMENDED COMPLAINT
Plaintiff DOUGLAS BRANCH makes the allegations set forth herein against Defendants
SOUTH FLORIDA LIGHTING TEAM, LLC and the CITY OF FORT LAUDERDALE
(collectively the “Defendants”), and states as follows.
GENERAL ALLEGATIONS
1. This is an action for negligence.
2. This Court has jurisdiction over this dispute because this complaint seeks more
than $15,000.00 dollars in damages, exclusive of interest and attorneys’ fees.
3. At all material times, Defendant SOUTH FLORIDA LIGHTING TEAM, LLC
was and is a Florida Limited Liability Company duly organized under the laws of the State of
Florida and conducts business in Broward County.
4. All the member-owners of the Defendant SOUTH FLORIDA LIGHTING TEAM,
LLC reside in Florida.
5. At all material times, Defendant CITY OF FORT LAUDERDALE is authorized
and existing under the laws of the Florida, and its principal office is loicated at 100 N. Andrews
Avenue, Fort Lauderdale, FL 33301.
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/17/2018 10:21:42 AM.****6. The location where the accident referenced in the instant Amended Complaint
happened on a public sidewalk owned, controlled, and/or maintained by Defendant CITY OF
FORT LAUDERDALE.
7. Plaintiff DOUGLAS BRANCH was at all material times a resident of Broward
County, Florida, was 18 years of age or over, and is otherwise sui juris.
8. Venue is proper in Broward County, Florida, because the subject accident, from
which this cause of action arises, occurred in Broward County, Florida.
9. On December 14, 2015, at approximately 6:00 pm, Plaintiff DOUGLAS
BRANCH was walking on the sidewalk near the intersection of AlA and Poinsettia Street, in
Fort Lauderdale, when a holiday decoration from a light post fell and violently struck him on the
head and body.
10. Defendant SOUTH FLORIDA LIGHTING TEAM failed to properly install or
affix the referenced holiday decoration to a light post.
lL. Likewise, Defendant CITY OF FORT LAUDERDALE had a duty to reasonably
inspect the premises and/or supervise the installation of the holiday decorations to make sure the
premises were safe for its visitors.
12. The subject holiday decoration which injured Plaintiff fell because both
Defendants failed to properly design, install, maintain, oversee, warn about, and/or inspect the
ormaments.
13. As the direct and proximate result of the negligence and carelessness of
Defendants and/or their agents, servants and/or employees as set forth above, Plaintiff suffered
substantial and permanent injuries.
Leifer Law Firm
1200 North Federal Highway, Suite 320, Boca Raton, FL 33432
Phone: (561) 395-8055; Fax: (561) 395-805714. All conditions precedent to this action, if any, have been fulfilled and/or waived.
15. The action against the Defendant CITY OF FORT LAUDERDALE is allowed
and is brought pursuant to the Florida Tort Claims Act, Fla. Stat. §768.28.
16. Pursuant and in accordance with all the the requirements of Fla. Stat. 768.28(6),
Plaintiff provided written notice to the CITY OF FORT LAUDERDALE regarding the instant
claim before instituting this cause of action against the CITY OF FORT LAUDERDALE.
17. Likewise, before the instant lawsuit against the CITY OF FORT LAUDERDALE
was instituted, the CITY OF FORT LAUDERDALE also denied the claim in writing.
COUNT I - NEGLIGENCE AGAINST DEFEND.
TEAM, LLC
SOUTH FLORIDA LIGHTING
18. Plaintiff re-alleges paragraphs | through 14 above.
19. | Defendant SOUTH FLORIDA LIGHTING TEAM, LLC had a duty to perform
the installation of the holiday decoration on a light post in a manner that was safe to those who
would be walking on the sidewalk below.
20. Defendant SOUTH FLORIDA LIGHTING TEAM, LLC negligently and
carelessly breached this duty by, inter alia:
(a) Failing to adequately and safely install and maintain the holiday
decoration on the light post;
(b) Failing to have policies and procedures in place to ensure that the holiday
decoration was properly installed and maintained;
(c) Failing to warn Plaintiff of the possibility that the holiday decoration was
improperly installed and/or maintained;
(d) Failing to properly inspect the holiday decoration to ensure that it was
safe;
(e) Failing to warn Plaintiff of the dangerous and hazardous condition created
Leifer Law Firm
1200 North Federal Highway, Suite 320, Boca Raton, FL 33432
Phone: (561) 395-8055; Fax: (561) 395-8057by Defendant; and
(f) In other ways yet to be discovered.
21. As a direct and proximate result of the actions of Defendant SOUTH FLORIDA
LIGHTING TEAM, LLC, Plaintiff has suffered bodily injury, resulting pain and suffering,
disability, disfigurement (scarring), mental anguish, loss of capacity of the enjoyment of life,
expenses for medical treatment, loss of wages, and loss of future earning capacity. These losses
are either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant
SOUTH FLORIDA LIGHTING TEAM, LLC, plus post-judgment interest, and any other
damages as the Court deems appropriate.
COUNT I - NEGLIGENCE AGAINST DEFENDANT CITY OF FORT LAUDERDALE
22. Plaintiff re-alleges paragraphs | through 17 above.
23. At all times, Defendant CITY OF FORT LAUDERDALE owed Plaintiff a non-
delegable duty to exercise reasonable care.
24. At all times, Defendant CITY OF FORT LAUDERDALE had a duty to take
reasonable steps to assure that the holiday decoration referenced in this Complaint was safely
installed and that the premises where the accident occurred were rerasonably safe.
25. Defendant CITY OF FORT LAUDERDALE negligently and carelessly
breached this duty by, inter alia:
(a) Failing to adequately supervise the installation and maintenance of the
subject holiday decoration;
(b) Failure to inspect the premises where the accident happened to maintain it
free of dangers or hazards to the public, specifically the Plaintiff;
Leifer Law Firm
1200 North Federal Highway, Suite 320, Boca Raton, FL 33432
Phone: (561) 395-8055; Fax: (561) 395-8057(c) Failing to have policies and procedures in place to ensure that the holiday
decoration was properly installed and maintained;
(d) Failing to warn Plaintiff of the possibility that the holiday decoration was
improperly installed and/or maintained;
(e) Failing to properly inspect the holiday decoration to ensure that it was
safe;
(f) Failing to warn Plaintiff of the dangerous and hazardous condition created
by Defendant;
(g) Failing to correct or adequately correct the unreasonably dangerous
condition on the subject premises, when said condition was either known
or had existed for sufficient length of time; and
(h) In other ways yet to be discovered.
26. As a direct and proximate result of the actions of Defendant CITY OF FORT
LAUDERDALE , Plaintiff has suffered bodily injury, resulting pain and suffering, disability,
disfigurement (scarring), mental anguish, loss of capacity of the enjoyment of life, expenses for
medical treatment, loss of wages, and loss of future earning capacity. These losses are either
permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant
CITY OF FORT LAUDERDALE , plus post-judgment interest, and any other damages as the
Court deems appropriate.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on this
17th day of July, 2018, to all parties listed in the E-Portal Service system. This Amended
Complaint will also be served with the summons and discovery on the City of Fort Lauderdale.
Leifer Law Firm
1200 North Federal Highway, Suite 320, Boca Raton, FL 33432
Phone: (561) 395-8055; Fax: (561) 395-8057The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud.
Admin. 2.516.
LEIFER LAW FIRM
Attorneys for Plaintiff
1200 North Federal Highway
Suite 320
Boca Raton, FL 33432
(561) 395-8055
(561) 395-8057 (fax)
By: /s/Fernando Ramirez
Fernando Ramirez, Esq.
Fla. Bar No. 78376
framirez@lciferlaw.com
samantha@leiferlaw.com
Leifer Law Firm
1200 North Federal Highway, Suite 320, Boca Raton, FL 33432
Phone: (561) 395-8055; Fax: (561) 395-8057
Preview
Filing # 75049158 E-Filed 07/17/2018 10:21:44 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. DOUGLAS BRANCH, CASE NO.: CACE-18-001790 (12) Plaintiff, GENERAL JURISDICTION v. SOUTH FLORIDA LIGHTING TEAM LLC, and the CITY OF FORT LAUDERDALE, Defendants. / AMENDED COMPLAINT Plaintiff DOUGLAS BRANCH makes the allegations set forth herein against Defendants SOUTH FLORIDA LIGHTING TEAM, LLC and the CITY OF FORT LAUDERDALE (collectively the “Defendants”), and states as follows. GENERAL ALLEGATIONS 1. This is an action for negligence. 2. This Court has jurisdiction over this dispute because this complaint seeks more than $15,000.00 dollars in damages, exclusive of interest and attorneys’ fees. 3. At all material times, Defendant SOUTH FLORIDA LIGHTING TEAM, LLC was and is a Florida Limited Liability Company duly organized under the laws of the State of Florida and conducts business in Broward County. 4. All the member-owners of the Defendant SOUTH FLORIDA LIGHTING TEAM, LLC reside in Florida. 5. At all material times, Defendant CITY OF FORT LAUDERDALE is authorized and existing under the laws of the Florida, and its principal office is loicated at 100 N. Andrews Avenue, Fort Lauderdale, FL 33301. *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/17/2018 10:21:42 AM.****6. The location where the accident referenced in the instant Amended Complaint happened on a public sidewalk owned, controlled, and/or maintained by Defendant CITY OF FORT LAUDERDALE. 7. Plaintiff DOUGLAS BRANCH was at all material times a resident of Broward County, Florida, was 18 years of age or over, and is otherwise sui juris. 8. Venue is proper in Broward County, Florida, because the subject accident, from which this cause of action arises, occurred in Broward County, Florida. 9. On December 14, 2015, at approximately 6:00 pm, Plaintiff DOUGLAS BRANCH was walking on the sidewalk near the intersection of AlA and Poinsettia Street, in Fort Lauderdale, when a holiday decoration from a light post fell and violently struck him on the head and body. 10. Defendant SOUTH FLORIDA LIGHTING TEAM failed to properly install or affix the referenced holiday decoration to a light post. lL. Likewise, Defendant CITY OF FORT LAUDERDALE had a duty to reasonably inspect the premises and/or supervise the installation of the holiday decorations to make sure the premises were safe for its visitors. 12. The subject holiday decoration which injured Plaintiff fell because both Defendants failed to properly design, install, maintain, oversee, warn about, and/or inspect the ormaments. 13. As the direct and proximate result of the negligence and carelessness of Defendants and/or their agents, servants and/or employees as set forth above, Plaintiff suffered substantial and permanent injuries. Leifer Law Firm 1200 North Federal Highway, Suite 320, Boca Raton, FL 33432 Phone: (561) 395-8055; Fax: (561) 395-805714. All conditions precedent to this action, if any, have been fulfilled and/or waived. 15. The action against the Defendant CITY OF FORT LAUDERDALE is allowed and is brought pursuant to the Florida Tort Claims Act, Fla. Stat. §768.28. 16. Pursuant and in accordance with all the the requirements of Fla. Stat. 768.28(6), Plaintiff provided written notice to the CITY OF FORT LAUDERDALE regarding the instant claim before instituting this cause of action against the CITY OF FORT LAUDERDALE. 17. Likewise, before the instant lawsuit against the CITY OF FORT LAUDERDALE was instituted, the CITY OF FORT LAUDERDALE also denied the claim in writing. COUNT I - NEGLIGENCE AGAINST DEFEND. TEAM, LLC SOUTH FLORIDA LIGHTING 18. Plaintiff re-alleges paragraphs | through 14 above. 19. | Defendant SOUTH FLORIDA LIGHTING TEAM, LLC had a duty to perform the installation of the holiday decoration on a light post in a manner that was safe to those who would be walking on the sidewalk below. 20. Defendant SOUTH FLORIDA LIGHTING TEAM, LLC negligently and carelessly breached this duty by, inter alia: (a) Failing to adequately and safely install and maintain the holiday decoration on the light post; (b) Failing to have policies and procedures in place to ensure that the holiday decoration was properly installed and maintained; (c) Failing to warn Plaintiff of the possibility that the holiday decoration was improperly installed and/or maintained; (d) Failing to properly inspect the holiday decoration to ensure that it was safe; (e) Failing to warn Plaintiff of the dangerous and hazardous condition created Leifer Law Firm 1200 North Federal Highway, Suite 320, Boca Raton, FL 33432 Phone: (561) 395-8055; Fax: (561) 395-8057by Defendant; and (f) In other ways yet to be discovered. 21. As a direct and proximate result of the actions of Defendant SOUTH FLORIDA LIGHTING TEAM, LLC, Plaintiff has suffered bodily injury, resulting pain and suffering, disability, disfigurement (scarring), mental anguish, loss of capacity of the enjoyment of life, expenses for medical treatment, loss of wages, and loss of future earning capacity. These losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant SOUTH FLORIDA LIGHTING TEAM, LLC, plus post-judgment interest, and any other damages as the Court deems appropriate. COUNT I - NEGLIGENCE AGAINST DEFENDANT CITY OF FORT LAUDERDALE 22. Plaintiff re-alleges paragraphs | through 17 above. 23. At all times, Defendant CITY OF FORT LAUDERDALE owed Plaintiff a non- delegable duty to exercise reasonable care. 24. At all times, Defendant CITY OF FORT LAUDERDALE had a duty to take reasonable steps to assure that the holiday decoration referenced in this Complaint was safely installed and that the premises where the accident occurred were rerasonably safe. 25. Defendant CITY OF FORT LAUDERDALE negligently and carelessly breached this duty by, inter alia: (a) Failing to adequately supervise the installation and maintenance of the subject holiday decoration; (b) Failure to inspect the premises where the accident happened to maintain it free of dangers or hazards to the public, specifically the Plaintiff; Leifer Law Firm 1200 North Federal Highway, Suite 320, Boca Raton, FL 33432 Phone: (561) 395-8055; Fax: (561) 395-8057(c) Failing to have policies and procedures in place to ensure that the holiday decoration was properly installed and maintained; (d) Failing to warn Plaintiff of the possibility that the holiday decoration was improperly installed and/or maintained; (e) Failing to properly inspect the holiday decoration to ensure that it was safe; (f) Failing to warn Plaintiff of the dangerous and hazardous condition created by Defendant; (g) Failing to correct or adequately correct the unreasonably dangerous condition on the subject premises, when said condition was either known or had existed for sufficient length of time; and (h) In other ways yet to be discovered. 26. As a direct and proximate result of the actions of Defendant CITY OF FORT LAUDERDALE , Plaintiff has suffered bodily injury, resulting pain and suffering, disability, disfigurement (scarring), mental anguish, loss of capacity of the enjoyment of life, expenses for medical treatment, loss of wages, and loss of future earning capacity. These losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant CITY OF FORT LAUDERDALE , plus post-judgment interest, and any other damages as the Court deems appropriate. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on this 17th day of July, 2018, to all parties listed in the E-Portal Service system. This Amended Complaint will also be served with the summons and discovery on the City of Fort Lauderdale. Leifer Law Firm 1200 North Federal Highway, Suite 320, Boca Raton, FL 33432 Phone: (561) 395-8055; Fax: (561) 395-8057The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. LEIFER LAW FIRM Attorneys for Plaintiff 1200 North Federal Highway Suite 320 Boca Raton, FL 33432 (561) 395-8055 (561) 395-8057 (fax) By: /s/Fernando Ramirez Fernando Ramirez, Esq. Fla. Bar No. 78376 framirez@lciferlaw.com samantha@leiferlaw.com Leifer Law Firm 1200 North Federal Highway, Suite 320, Boca Raton, FL 33432 Phone: (561) 395-8055; Fax: (561) 395-8057