Preview
Case Number: CACE-17-007673 Division: 05
Filing # 55445174 E-Filed 04/21/2017 04:56:51 PM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
RONALD VOHS,
Plaintiff,
-Vs-
CASE NO.
JOSIMAR’S CLEANING SERVICES CORP.,
USA BR GENERAL SERVICES CORP.,
INDUSTRIAL CABLE COMMUNICATIONS
SERVICES INC., AND COMCAST
CORPORATION,
Defendants. )
/
COMPLAINT
Plaintiff, RONALD VOHS, by and through the undersigned counsel, sues the
Defendants, JOSIMAR’S CLEANING SERVICES CORP, USA BR GENERAL SERVICES
CORPORATION, INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., AND
COMCAST CORPORATION, and alleges as follows:
1. This is an action for damages that exceeds the minimum jurisdictional amount
of this Court.
2. All conditions precedent have been performed or have occurred.
3. At all times material hereto, Plaintiff, RONALD VOHS, was and is a resident
of Broward County, Florida.
4. At all times material hereto, Defendant, JOSIMAR’S CLEANING SERVICES
CORP., (hereinafter “JOSIMAR’S CLEANING”) was and is a Florida profit corporation
licensed, authorized and in fact doing business in Broward County, Florida.
5. At all times material hereto, Defendant, USA BR GENERAL SERVICES
CORP., (hereinafter “USA”) was and is a Florida profit corporation licensed, authorized and
in fact doing business in Broward County, Florida.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/21/2017 4:56:49 PM.****RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 2
6. At all times material hereto, Defendant, INDUSTRIAL CABLE
COMMUNICATIONS SERVICES INC., (hereinafter “INDUSTRIAL CABLE”) was and is a
Florida profit corporation licensed, authorized and in fact doing business in Broward County,
Florida.
7. At all times material hereto, Defendant, COMCAST CORPORATION,
(hereinafter “COMCAST’), was and is a Florida profit corporation licensed, authorized and in
fact doing business in Broward County, Florida, and throughout the State of Florida.
8. Venue is proper in Broward County, Florida, as one or more Defendants reside
or have resided in Broward County, Florida, the subject incident occurred at or near 11656 SW
111 Street, Davie, Broward County, and the witnesses and evidence are primarily located in
Broward County.
9. At all times material hereto and prior to January 8, 2016, at the direction,
control, instruction, permission, and consent of Defendants, COMCAST, USA, and/or
INDUSTRIAL CABLE, a director, employee, servant, agent, and/or contractor of Defendant,
JOSIMAR’S CLEANING, was dispatched to a location at or near the above address to perform
cable installation, maintenance, and/or repair work and did, in fact, perform such cable
installation, maintenance, and/or repair work and ran a cable wire from a neighboring mobile
home and across the backyard to a cable box.
10. Onor about January 8, 2016, Plaintiff, RONALD VOHS, was walking through a
grassy area in the backyard within his mobile home community when he tripped over an
exposed cable wire running from a cable box to one of the mobile homes, causing Plaintiff to
trip and fall.RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 3
11. Onor about January 8, 2016, the Plaintiff, RONALD VOHS, did sustain serious
bodily injuries as a result of the aforementioned incident.
COUNT | - NEGLIGENCE OF JOSIMAR’S CLEANING SERVICES CORP.
Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein
and further alleges:
12. At all times material hereto, Defendant, JOSIMAR’S CLEANING, owed
Plaintiff, RONALD VOHS, a duty to exercise reasonable care in the installation, repair,
maintenance, warning, and inspection of cable wire, and in the hiring, retention, supervision
and training of its contractors, agents and/or employees so as not to expose invitees such as
the Plaintiff to dangerous conditions or unreasonable risks that would cause him harm.
13. At all times material hereto, Defendant, JOSIMAR’S CLEANING,
breached the above duties of care and was negligent in one or more of the following acts
and/or omissions by failing to properly and adequately:
a. Exercise reasonable care in the installation, repair and/or maintenance of
the cable wire located on the subject premises;
b. Bury the exposed cable underground so as not to create a dangerous
condition on the property;
c. Conduct reasonable inspections of the subject premises;
d. Warn invitees, including the Plaintiff, of the dangerous condition posed by
the exposed cable;
e. Hire and retain competent employees with the proper background,
training, education, expertise, licensing and/or certification to perform
cable installation, repair and/or maintenance work;
f. Select and retain competent contractors with the proper background,
training, education, expertise and/or certification to perform cable
installation, repair and/or maintenance work which involves a risk of harm
unless skillfully and carefully done;RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 4
g. Train and/or supervise its contractors, agents and/or employees in the
course of performing cable installation, repair and/or maintenance work;
h. Implement sufficient preventative measures designed to eliminate or
reduce the danger posed by said dangerous condition;
i. Comply with their own corporate polices and standard operating
procedures; and/or
j. Comply with applicable codes, regulations and industry standards.
14. At all times material hereto, Defendant created a foreseeable zone of risk
of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the
cable at the subject premises, and by failing to properly and adequately hire, retain, supervise
and/or train its contractors, agents and/or employees.
15. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the
foreseeable zone of risk of harm created by the Defendants.
16. As a direct, proximate and foreseeable result of the negligence of Defendant,
JOSIMAR’S CLEANING, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting
pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense
of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to
earn money, inconvenience, and aggravation of a previously existing condition. These losses
have been suffered in the past and are permanent, and will be suffered in the future.
WHEREFORE, Plaintiff, RONALD VOHS, demands judgment for damages against
Defendant, JOSIMAR’S CLEANING SERVICES CORP., together with costs and demands trial
by jury of all issues herein triable as of right by a jury.RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 5
COUNT II - NEGLIGENCE OF USA BR GENERAL SERVICES CORP.
Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein
and further alleges:
17. Atall times material hereto, Defendant, USA, owed Plaintiff, RONALD VOHS,
a duty to exercise reasonable care in the installation, repair, maintenance, warning, and
inspection of cable wire, and in the hiring, retention, supervision and training of its contractors,
agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous
conditions or unreasonable risks that would cause him harm.
148. Atall times material hereto, Defendant, USA, breached the above duties of
care and was negligent in one or more of the following acts and/or omissions by failing to
properly and adequately:
a. Exercise reasonable care in the installation, repair and/or maintenance of the
cable wire located on the subject premises;
b. Bury the exposed cable underground so as not to create a dangerous condition
on the property;
c. Conduct reasonable inspections of the subject premises;
d. Warn invitees, including the Plaintiff, of the dangerous condition posed by the
exposed cable;
e. Hire and retain competent employees with the proper background, training,
education, expertise, licensing and/or certification to perform cable installation,
repair and/or maintenance work;
f. Select and retain competent contractors with the proper background, training,
education, expertise and/or certification to perform cable installation, repair
and/or maintenance work which involves a risk of harm unless skillfully and
carefully done;
g. Train and/or supervise its contractors, agents and/or employees in the course
of performing cable installation, repair and/or maintenance work;RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 6
h. Implement sufficient preventative measures designed to eliminate or reduce the
danger posed by said dangerous condition;
i. Comply with their own corporate polices and standard operating procedures;
and/or
j. Comply with applicable codes, regulations and industry standards.
19. At all times material hereto, Defendant created a foreseeable zone of risk
of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the
cable at the subject premises, and by failing to properly and adequately hire, retain, supervise
and/or train its contractors, agents and/or employees.
20. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the
foreseeable zone of risk of harm created by the Defendants.
21. Asadirect, proximate and foreseeable result of the negligence of Defendant,
USA, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain and suffering,
disability, disfigurement, loss of capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, loss of earnings, loss of ability to earn money,
inconvenience, and aggravation of a previously existing condition. These losses have been
suffered in the past and are permanent, and will be suffered in the future.
WHEREFORE , Plaintiff, RONALD VOHS, demands judgment for damages against
Defendant, USA BR GENERAL SERVICES CORP., together with costs and demands trial by
jury of all issues herein triable as of right by a jury.
COUNT Ill - NEGLIGENCE OF INDUSTRIAL CABLE
COMMUNICATIONS SERVICES INC.
Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and
further alleges:RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 7
22.
At all times material hereto, Defendant, INDUSTRIAL CABLE, owed Plaintiff,
RONALD VOHS, a duty to exercise reasonable care in the installation, repair, maintenance,
warning, and inspection of cable wire, and in the hiring, retention, supervision and training of
its contractors, agents and/or employees so as not to expose invitees such as the Plaintiff to
dangerous conditions or unreasonable risks that would cause him harm.
23.
At all times material hereto, Defendant, INDUSTRIAL CABLE, breached the
above duties of care and was negligent in one or more of the following acts and/or omissions
by failing to properly and adequately:
a.
Exercise reasonable care in the installation, repair and/or maintenance of the
cable wire located on the subject premises;
Bury the exposed cable underground so as not to create a dangerous condition
on the property;
Conduct reasonable inspections of the subject premises;
Warn invitees, including the Plaintiff, of the dangerous condition posed by the
exposed cable;
Hire and retain competent employees with the proper background, training,
education, expertise, licensing and/or certification to perform cable installation,
repair and/or maintenance work;
Select and retain competent contractors with the proper background, training,
education, expertise and/or certification to perform cable installation, repair
and/or maintenance work which involves a risk of harm unless skillfully and
carefully done;
Train and/or supervise its contractors, agents and/or employees in the course
of performing cable installation, repair and/or maintenance work;
Implement sufficient preventative measures designed to eliminate or reduce the
danger posed by said dangerous condition;
Comply with their own corporate polices and standard operating procedures;
and/or
Comply with applicable codes, regulations and industry standards.RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 8
24. At all times material hereto, Defendant created a foreseeable zone of risk
of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the
cable at the subject premises, and by failing to properly and adequately hire, retain, supervise
and/or train its contractors, agents and/or employees.
25. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the
foreseeable zone of risk of harm created by the Defendants.
26. As a direct, proximate and foreseeable result of the negligence of Defendant,
INDUSTRIAL CABLE, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain
and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn
money, inconvenience, and aggravation of a previously existing condition. These losses have
been suffered in the past and are permanent, and will be suffered in the future.
WHEREFORE, Plaintiff, RONALD VOHS, demands judgment for damages against
Defendant, INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC.., together with costs and
demands trial by jury of all issues herein triable as of right by a jury.
COUNT IV - NEGLIGENCE OF COMCAST CORPORATION
Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and
further alleges:
27. At all times material hereto, Defendant, COMCAST, owed Plaintiff, RONALD
VOHS, a duty to exercise reasonable care in the installation, repair, maintenance, warning, and
inspection of cable wire, and in the hiring, retention, supervision and training of its contractors,
agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous
conditions or unreasonable risks that would cause him harm.RONALD VOHS v. COMCAST CORPORATION ET AL.
Complaint
Case No:
Page 9
28.
At all times material hereto, Defendant, COMCAST, breached the above duties
of care and was negligent in one or more of the following acts and/or omissions by failing to
properly and adequately:
a.
29.
Exercise reasonable care in the installation, repair and/or maintenance of the cable
wire located on the subject premises;
Bury the exposed cable underground so as not to create a dangerous condition on
the property;
Conduct reasonable inspections of the subject premises;
Warn invitees, including the Plaintiff, of the dangerous condition posed by the
exposed cable;
Hire and retain competent employees with the proper background, training,
education, expertise, licensing and/or certification to perform cable installation,
repair and/or maintenance work;
Select and retain competent contractors with the proper background, training,
education, expertise and/or certification to perform cable installation, repair and/or
maintenance work which involves a risk of harm unless skillfully and carefully done;
Train and/or supervise its contractors, agents and/or employees in the course of
performing cable installation, repair and/or maintenance work;
Implement sufficient preventative measures designed to eliminate or reduce the
danger posed by said dangerous condition;
Comply with their own corporate polices and standard operating procedures;
and/or
Comply with applicable codes, regulations and industry standards.
At all times material hereto, Defendant created a foreseeable zone of risk
of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the
cable at the subject premises, and by failing to properly and adequately hire, retain, supervise
and/or train its contractors, agents and/or employees.
30.
At all times material hereto, the Plaintiff, RONALD VOHS, fell within theforeseeable zone of risk of harm created by the Defendants.
31. As adirect, proximate and foreseeable result of the negligence of Defendant,
COMCAST CORPORATION, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting
pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, inconvenience, and aggravation of a
previously existing condition. These losses have been suffered in the past and are permanent,
and will be suffered in the future.
WHEREFORE, Plaintiff, RONALD VOHS,
demands judgment for damages against
Defendant, COMCAST CORPORATION, together with costs and demands trial by jury of all
issues herein triable as of right by a jury.
Filed this 21 day of April, 2017.
Steinger, Iscoe & Greene, P.A.
Coastal Tower
2400 E. Commercial Blvd Suite 900
Fort Lauderdale, FL 33308
Telephone: (954) 491-7701
chan@injujurylawyers.com
lanselmo@injurylawyers.com
Attorneys for Plaintiff
ae
ea
oe Chan, Esquire
lorida’ Bar No.: 58355
Preview
Case Number: CACE-17-007673 Division: 05 Filing # 55445174 E-Filed 04/21/2017 04:56:51 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA RONALD VOHS, Plaintiff, -Vs- CASE NO. JOSIMAR’S CLEANING SERVICES CORP., USA BR GENERAL SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., AND COMCAST CORPORATION, Defendants. ) / COMPLAINT Plaintiff, RONALD VOHS, by and through the undersigned counsel, sues the Defendants, JOSIMAR’S CLEANING SERVICES CORP, USA BR GENERAL SERVICES CORPORATION, INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., AND COMCAST CORPORATION, and alleges as follows: 1. This is an action for damages that exceeds the minimum jurisdictional amount of this Court. 2. All conditions precedent have been performed or have occurred. 3. At all times material hereto, Plaintiff, RONALD VOHS, was and is a resident of Broward County, Florida. 4. At all times material hereto, Defendant, JOSIMAR’S CLEANING SERVICES CORP., (hereinafter “JOSIMAR’S CLEANING”) was and is a Florida profit corporation licensed, authorized and in fact doing business in Broward County, Florida. 5. At all times material hereto, Defendant, USA BR GENERAL SERVICES CORP., (hereinafter “USA”) was and is a Florida profit corporation licensed, authorized and in fact doing business in Broward County, Florida. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/21/2017 4:56:49 PM.****RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 2 6. At all times material hereto, Defendant, INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., (hereinafter “INDUSTRIAL CABLE”) was and is a Florida profit corporation licensed, authorized and in fact doing business in Broward County, Florida. 7. At all times material hereto, Defendant, COMCAST CORPORATION, (hereinafter “COMCAST’), was and is a Florida profit corporation licensed, authorized and in fact doing business in Broward County, Florida, and throughout the State of Florida. 8. Venue is proper in Broward County, Florida, as one or more Defendants reside or have resided in Broward County, Florida, the subject incident occurred at or near 11656 SW 111 Street, Davie, Broward County, and the witnesses and evidence are primarily located in Broward County. 9. At all times material hereto and prior to January 8, 2016, at the direction, control, instruction, permission, and consent of Defendants, COMCAST, USA, and/or INDUSTRIAL CABLE, a director, employee, servant, agent, and/or contractor of Defendant, JOSIMAR’S CLEANING, was dispatched to a location at or near the above address to perform cable installation, maintenance, and/or repair work and did, in fact, perform such cable installation, maintenance, and/or repair work and ran a cable wire from a neighboring mobile home and across the backyard to a cable box. 10. Onor about January 8, 2016, Plaintiff, RONALD VOHS, was walking through a grassy area in the backyard within his mobile home community when he tripped over an exposed cable wire running from a cable box to one of the mobile homes, causing Plaintiff to trip and fall.RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 3 11. Onor about January 8, 2016, the Plaintiff, RONALD VOHS, did sustain serious bodily injuries as a result of the aforementioned incident. COUNT | - NEGLIGENCE OF JOSIMAR’S CLEANING SERVICES CORP. Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and further alleges: 12. At all times material hereto, Defendant, JOSIMAR’S CLEANING, owed Plaintiff, RONALD VOHS, a duty to exercise reasonable care in the installation, repair, maintenance, warning, and inspection of cable wire, and in the hiring, retention, supervision and training of its contractors, agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous conditions or unreasonable risks that would cause him harm. 13. At all times material hereto, Defendant, JOSIMAR’S CLEANING, breached the above duties of care and was negligent in one or more of the following acts and/or omissions by failing to properly and adequately: a. Exercise reasonable care in the installation, repair and/or maintenance of the cable wire located on the subject premises; b. Bury the exposed cable underground so as not to create a dangerous condition on the property; c. Conduct reasonable inspections of the subject premises; d. Warn invitees, including the Plaintiff, of the dangerous condition posed by the exposed cable; e. Hire and retain competent employees with the proper background, training, education, expertise, licensing and/or certification to perform cable installation, repair and/or maintenance work; f. Select and retain competent contractors with the proper background, training, education, expertise and/or certification to perform cable installation, repair and/or maintenance work which involves a risk of harm unless skillfully and carefully done;RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 4 g. Train and/or supervise its contractors, agents and/or employees in the course of performing cable installation, repair and/or maintenance work; h. Implement sufficient preventative measures designed to eliminate or reduce the danger posed by said dangerous condition; i. Comply with their own corporate polices and standard operating procedures; and/or j. Comply with applicable codes, regulations and industry standards. 14. At all times material hereto, Defendant created a foreseeable zone of risk of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the cable at the subject premises, and by failing to properly and adequately hire, retain, supervise and/or train its contractors, agents and/or employees. 15. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the foreseeable zone of risk of harm created by the Defendants. 16. As a direct, proximate and foreseeable result of the negligence of Defendant, JOSIMAR’S CLEANING, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, inconvenience, and aggravation of a previously existing condition. These losses have been suffered in the past and are permanent, and will be suffered in the future. WHEREFORE, Plaintiff, RONALD VOHS, demands judgment for damages against Defendant, JOSIMAR’S CLEANING SERVICES CORP., together with costs and demands trial by jury of all issues herein triable as of right by a jury.RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 5 COUNT II - NEGLIGENCE OF USA BR GENERAL SERVICES CORP. Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and further alleges: 17. Atall times material hereto, Defendant, USA, owed Plaintiff, RONALD VOHS, a duty to exercise reasonable care in the installation, repair, maintenance, warning, and inspection of cable wire, and in the hiring, retention, supervision and training of its contractors, agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous conditions or unreasonable risks that would cause him harm. 148. Atall times material hereto, Defendant, USA, breached the above duties of care and was negligent in one or more of the following acts and/or omissions by failing to properly and adequately: a. Exercise reasonable care in the installation, repair and/or maintenance of the cable wire located on the subject premises; b. Bury the exposed cable underground so as not to create a dangerous condition on the property; c. Conduct reasonable inspections of the subject premises; d. Warn invitees, including the Plaintiff, of the dangerous condition posed by the exposed cable; e. Hire and retain competent employees with the proper background, training, education, expertise, licensing and/or certification to perform cable installation, repair and/or maintenance work; f. Select and retain competent contractors with the proper background, training, education, expertise and/or certification to perform cable installation, repair and/or maintenance work which involves a risk of harm unless skillfully and carefully done; g. Train and/or supervise its contractors, agents and/or employees in the course of performing cable installation, repair and/or maintenance work;RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 6 h. Implement sufficient preventative measures designed to eliminate or reduce the danger posed by said dangerous condition; i. Comply with their own corporate polices and standard operating procedures; and/or j. Comply with applicable codes, regulations and industry standards. 19. At all times material hereto, Defendant created a foreseeable zone of risk of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the cable at the subject premises, and by failing to properly and adequately hire, retain, supervise and/or train its contractors, agents and/or employees. 20. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the foreseeable zone of risk of harm created by the Defendants. 21. Asadirect, proximate and foreseeable result of the negligence of Defendant, USA, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, inconvenience, and aggravation of a previously existing condition. These losses have been suffered in the past and are permanent, and will be suffered in the future. WHEREFORE , Plaintiff, RONALD VOHS, demands judgment for damages against Defendant, USA BR GENERAL SERVICES CORP., together with costs and demands trial by jury of all issues herein triable as of right by a jury. COUNT Ill - NEGLIGENCE OF INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC. Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and further alleges:RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 7 22. At all times material hereto, Defendant, INDUSTRIAL CABLE, owed Plaintiff, RONALD VOHS, a duty to exercise reasonable care in the installation, repair, maintenance, warning, and inspection of cable wire, and in the hiring, retention, supervision and training of its contractors, agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous conditions or unreasonable risks that would cause him harm. 23. At all times material hereto, Defendant, INDUSTRIAL CABLE, breached the above duties of care and was negligent in one or more of the following acts and/or omissions by failing to properly and adequately: a. Exercise reasonable care in the installation, repair and/or maintenance of the cable wire located on the subject premises; Bury the exposed cable underground so as not to create a dangerous condition on the property; Conduct reasonable inspections of the subject premises; Warn invitees, including the Plaintiff, of the dangerous condition posed by the exposed cable; Hire and retain competent employees with the proper background, training, education, expertise, licensing and/or certification to perform cable installation, repair and/or maintenance work; Select and retain competent contractors with the proper background, training, education, expertise and/or certification to perform cable installation, repair and/or maintenance work which involves a risk of harm unless skillfully and carefully done; Train and/or supervise its contractors, agents and/or employees in the course of performing cable installation, repair and/or maintenance work; Implement sufficient preventative measures designed to eliminate or reduce the danger posed by said dangerous condition; Comply with their own corporate polices and standard operating procedures; and/or Comply with applicable codes, regulations and industry standards.RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 8 24. At all times material hereto, Defendant created a foreseeable zone of risk of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the cable at the subject premises, and by failing to properly and adequately hire, retain, supervise and/or train its contractors, agents and/or employees. 25. At all times material hereto, the Plaintiff, RONALD VOHS, fell within the foreseeable zone of risk of harm created by the Defendants. 26. As a direct, proximate and foreseeable result of the negligence of Defendant, INDUSTRIAL CABLE, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, inconvenience, and aggravation of a previously existing condition. These losses have been suffered in the past and are permanent, and will be suffered in the future. WHEREFORE, Plaintiff, RONALD VOHS, demands judgment for damages against Defendant, INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC.., together with costs and demands trial by jury of all issues herein triable as of right by a jury. COUNT IV - NEGLIGENCE OF COMCAST CORPORATION Plaintiff re-alleges paragraph numbers 1 through 11 as though fully set forth herein and further alleges: 27. At all times material hereto, Defendant, COMCAST, owed Plaintiff, RONALD VOHS, a duty to exercise reasonable care in the installation, repair, maintenance, warning, and inspection of cable wire, and in the hiring, retention, supervision and training of its contractors, agents and/or employees so as not to expose invitees such as the Plaintiff to dangerous conditions or unreasonable risks that would cause him harm.RONALD VOHS v. COMCAST CORPORATION ET AL. Complaint Case No: Page 9 28. At all times material hereto, Defendant, COMCAST, breached the above duties of care and was negligent in one or more of the following acts and/or omissions by failing to properly and adequately: a. 29. Exercise reasonable care in the installation, repair and/or maintenance of the cable wire located on the subject premises; Bury the exposed cable underground so as not to create a dangerous condition on the property; Conduct reasonable inspections of the subject premises; Warn invitees, including the Plaintiff, of the dangerous condition posed by the exposed cable; Hire and retain competent employees with the proper background, training, education, expertise, licensing and/or certification to perform cable installation, repair and/or maintenance work; Select and retain competent contractors with the proper background, training, education, expertise and/or certification to perform cable installation, repair and/or maintenance work which involves a risk of harm unless skillfully and carefully done; Train and/or supervise its contractors, agents and/or employees in the course of performing cable installation, repair and/or maintenance work; Implement sufficient preventative measures designed to eliminate or reduce the danger posed by said dangerous condition; Comply with their own corporate polices and standard operating procedures; and/or Comply with applicable codes, regulations and industry standards. At all times material hereto, Defendant created a foreseeable zone of risk of harm by failing to properly and adequately install, repair, maintain, warn, and/or inspect the cable at the subject premises, and by failing to properly and adequately hire, retain, supervise and/or train its contractors, agents and/or employees. 30. At all times material hereto, the Plaintiff, RONALD VOHS, fell within theforeseeable zone of risk of harm created by the Defendants. 31. As adirect, proximate and foreseeable result of the negligence of Defendant, COMCAST CORPORATION, Plaintiff, RONALD VOHS, suffered great bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, inconvenience, and aggravation of a previously existing condition. These losses have been suffered in the past and are permanent, and will be suffered in the future. WHEREFORE, Plaintiff, RONALD VOHS, demands judgment for damages against Defendant, COMCAST CORPORATION, together with costs and demands trial by jury of all issues herein triable as of right by a jury. Filed this 21 day of April, 2017. Steinger, Iscoe & Greene, P.A. Coastal Tower 2400 E. Commercial Blvd Suite 900 Fort Lauderdale, FL 33308 Telephone: (954) 491-7701 chan@injujurylawyers.com lanselmo@injurylawyers.com Attorneys for Plaintiff ae ea oe Chan, Esquire lorida’ Bar No.: 58355