Preview
Filing # 58072535 E-Filed 06/21/2017 03:04:54 PM
IN THE CIRCUIT COURT OF THE 11°
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
NILDA RUSCALLEDA, GENERAL JURISDICTION DIVISION
Plaintiff Case No:
vs, Florida Bar No: 0008486
WAL-MART STORES, INC., a foreign
corporation,
Defendant
/
COMPLAINT FOR DAMAGES
COMES NOW the Plaintiff, NILDA RUSCALLEDA by and through undersigned
counsel and sues the Defendant, WAL-MART STORES, INC., a foreign corporation hereinafter
referred to as (“WAL-MART”) and alleges as follows:
GENERAL ALLEGATIONS
This is an action for damages in excess of the sum of Fifteen Thousand Dollars
($15,000.00) exclusive of interest, costs and attorneys fees,
At all times material hereto the Plaintiff, NILDA RUSCALLEDA, was and is a
citizen and/or resident of Miami-Dade County, Florida and was and is sui juris.
At all times material hereto the Defendant, WAL-MART , was and is a Florida
corporation authorized and licensed to do business in the State of Florida. The
Defendant, WAL-MART, owns, operates, inspects, maintains, repairs and
controls the premises located at or near 12800 Pines Blvd., Pembroke Pines, FL
33027, Store #5932,
On or about December 1, 2015, the Plaintiff NILDA RUSCALLEDA, was
lawfully upon the premises of the Defendant, WAL-MART. Specifically, at theCase No.:
time of the subject accident, the Plaintiff, NILDA RUSCALLEDA, was walking
near the produce section of the subject WAL-MART when she slipped and fell on
a foreign liquid substance on the floor suffering permanent and serious injuries
described herein.
COUNT I- CLAIM FOR NEGLIGENCE AGAINST
The Plaintiff adopts and reavers all allegations contained in the General Allegations
above and further alleges:
5.
On or about December 1, 2015, the Defendant, WAL-MART, owed a duty to the
Plaintiff, NILDA RUSCALLEDA, to provide and maintain a safe, danger free
environment for individuals such as the Plaintiff, NILDA RUSCALLEDA, who
were lawfully upon the subject premises.
The Defendant, WAL-MART, breached the duty owed to the Plaintiff, NILDA
RUSCALLEDA, by committing one or more of the following acts of commission
and/or omission:
a, The Defendant, WAL-MART, created a dangerous and defective condition by
improperly allowing a foreign liquid substance to remain on the floor which
resulted in the Plaintiff's NILDA RUSCALLEDAS., serious and permanent
injuries more fully described below;
b. The Defendant, WAL-MART, knew of the existence of the dangerous and
defective condition or in the exercise of reasonable care should have known of
the existence of the condition;Case No.:
c. The Defendant, WALM-MART, allowed the condition to exist for a length of
time sufficient in which a reasonable inspection would have disclosed the
dangerous condition;
d. The Defendant, WAL-MART, failed to take adequate precautionary and/or
preventative measures to protect individuals such as the Plaintiff, NILDA
RUSCALLEDA, from the reasonable foreseeable danger when the Defendant,
NILDA RUSCALLEDA, knew or should have known of the extent of the
danger;
e, The Defendant, WAL-MART, failed to adequately and properly inspect and
maintain the floor thereby causing the Plaintiff's injuries,
As a direct, proximate and foreseeable result of the negligence of the Defendant,
WAL-MART, the Plaintiff, NILDA RUSCALLEDA, was injured in and about
her body and extremities and caused to suffer the following items of damages:
a. Past, present and future loss of earnings and earning capacity;
b. Past, present and future medical and related expenses;
c. Past, present and future aggravation of a pre-existing condition;
d. Past, present and future physical and mental pain and suffering;
e. Past, present and future shame, humiliation, scarring, disability, discomfort,
disfigurement and the inability to lead a normal life.
The injuries suffered by the Plaintiff, NILDA RUSCALLEDA, are permanent and
continuing in their nature and the Plaintiff has suffered in the past and will
continue to suffer in the future,Case No.
WHEREFORE, the Plaintiff, NILDA RUSCALLEDA, demands judgment for damages
against the Defendant, WAL-MART, for an amount in excess of Fifteen Thonsand Dollars
(315,000.00) plus all other awards recoverable under Florida law, The Plaintiff demande a trial
by jury, uy
&
DATED this’) day of June, 2017.
FRIEDLAND LAW GROUP
Attormeys for Plaintiffs
1430 South Dixie Highway, Suite 305
Coral Gables, Flotida 33146
Tel: (305) 661-2008
Fax: (305) 661-2001
Preview
Filing # 58072535 E-Filed 06/21/2017 03:04:54 PM IN THE CIRCUIT COURT OF THE 11° JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA NILDA RUSCALLEDA, GENERAL JURISDICTION DIVISION Plaintiff Case No: vs, Florida Bar No: 0008486 WAL-MART STORES, INC., a foreign corporation, Defendant / COMPLAINT FOR DAMAGES COMES NOW the Plaintiff, NILDA RUSCALLEDA by and through undersigned counsel and sues the Defendant, WAL-MART STORES, INC., a foreign corporation hereinafter referred to as (“WAL-MART”) and alleges as follows: GENERAL ALLEGATIONS This is an action for damages in excess of the sum of Fifteen Thousand Dollars ($15,000.00) exclusive of interest, costs and attorneys fees, At all times material hereto the Plaintiff, NILDA RUSCALLEDA, was and is a citizen and/or resident of Miami-Dade County, Florida and was and is sui juris. At all times material hereto the Defendant, WAL-MART , was and is a Florida corporation authorized and licensed to do business in the State of Florida. The Defendant, WAL-MART, owns, operates, inspects, maintains, repairs and controls the premises located at or near 12800 Pines Blvd., Pembroke Pines, FL 33027, Store #5932, On or about December 1, 2015, the Plaintiff NILDA RUSCALLEDA, was lawfully upon the premises of the Defendant, WAL-MART. Specifically, at theCase No.: time of the subject accident, the Plaintiff, NILDA RUSCALLEDA, was walking near the produce section of the subject WAL-MART when she slipped and fell on a foreign liquid substance on the floor suffering permanent and serious injuries described herein. COUNT I- CLAIM FOR NEGLIGENCE AGAINST The Plaintiff adopts and reavers all allegations contained in the General Allegations above and further alleges: 5. On or about December 1, 2015, the Defendant, WAL-MART, owed a duty to the Plaintiff, NILDA RUSCALLEDA, to provide and maintain a safe, danger free environment for individuals such as the Plaintiff, NILDA RUSCALLEDA, who were lawfully upon the subject premises. The Defendant, WAL-MART, breached the duty owed to the Plaintiff, NILDA RUSCALLEDA, by committing one or more of the following acts of commission and/or omission: a, The Defendant, WAL-MART, created a dangerous and defective condition by improperly allowing a foreign liquid substance to remain on the floor which resulted in the Plaintiff's NILDA RUSCALLEDAS., serious and permanent injuries more fully described below; b. The Defendant, WAL-MART, knew of the existence of the dangerous and defective condition or in the exercise of reasonable care should have known of the existence of the condition;Case No.: c. The Defendant, WALM-MART, allowed the condition to exist for a length of time sufficient in which a reasonable inspection would have disclosed the dangerous condition; d. The Defendant, WAL-MART, failed to take adequate precautionary and/or preventative measures to protect individuals such as the Plaintiff, NILDA RUSCALLEDA, from the reasonable foreseeable danger when the Defendant, NILDA RUSCALLEDA, knew or should have known of the extent of the danger; e, The Defendant, WAL-MART, failed to adequately and properly inspect and maintain the floor thereby causing the Plaintiff's injuries, As a direct, proximate and foreseeable result of the negligence of the Defendant, WAL-MART, the Plaintiff, NILDA RUSCALLEDA, was injured in and about her body and extremities and caused to suffer the following items of damages: a. Past, present and future loss of earnings and earning capacity; b. Past, present and future medical and related expenses; c. Past, present and future aggravation of a pre-existing condition; d. Past, present and future physical and mental pain and suffering; e. Past, present and future shame, humiliation, scarring, disability, discomfort, disfigurement and the inability to lead a normal life. The injuries suffered by the Plaintiff, NILDA RUSCALLEDA, are permanent and continuing in their nature and the Plaintiff has suffered in the past and will continue to suffer in the future,Case No. WHEREFORE, the Plaintiff, NILDA RUSCALLEDA, demands judgment for damages against the Defendant, WAL-MART, for an amount in excess of Fifteen Thonsand Dollars (315,000.00) plus all other awards recoverable under Florida law, The Plaintiff demande a trial by jury, uy & DATED this’) day of June, 2017. FRIEDLAND LAW GROUP Attormeys for Plaintiffs 1430 South Dixie Highway, Suite 305 Coral Gables, Flotida 33146 Tel: (305) 661-2008 Fax: (305) 661-2001