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Filing # 60162750 E-Filed 08/09/2017 12:08:11 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
XIOMARA LLERENA AND ROBERTO = GENERAL JURISDICTION DIVISION
LLERENA,
Case No: 17-014926 CA (31)
Plaintiffs,
Florida Bar No: 0084071
VS.
QUINTANA FAMILY DAY CARE
HOME d/b/a LEARNING AND
GROWING FAMILY CHILD CARE,
Defendant.
i /
PLAINTIFE’S FIRST AMENDED COMPLAINT FOR DAMAGES
COME NOW the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA, by and
through their undersigned counsel and sue the Defendant, QUINTANA FAMILY DAY CARE
HOME d/b/a LEARNING AND GROWING FAMILY CHILD CARE, Florida corporation
(hereinafter “QUINTANA FAMILY DAY CARE”) and allege as follows:
, GENERAL ALLEGATIONS
1. 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.
2. At all times material hereto the Plaintiff, XIOMARA LLERENA, was and is a
citizen and/or resident of Miami-Dade County, Florida and was and is sui juris.
3. At all times material hereto the Plaintiff, ROBERTO LLERENA, was and is a
citizen and/or resident of Miami-Dade County, Florida and was and is sui juris.
4, At all times material hereto the Defendant, QUINTANA FAMILY DAY CARE,
was and is a Florida corporation authorized and licensed to do business in the
State of Florida. The Defendant, QUINTANA FAMILY DAY CARE, owns,
operates, cleans, inspects, maintains, repairs and controls the premises known asCase No.: 17-014926 CA (31)
QUINTANA FAMILY DAY CARE located at or near 312 W. 197 St, Hialeah,
FL 33010 in Miami-Dade County, Florida.
COUNT I- CLAIM FOR NEGLIGENCE AGAINST QUINTANA FAMILY DAY CARE
The Plaintiffs adopt and reaver all allegations contained in the General Allegations above
and further allege:
5. On or about February 23, 2017, the Plaintiff, XIOMARA LLERENA, was
lawfully upon the premises of the Defendant, QUINTANA FAMILY DAY
CARE, located at or near 312 W. 19™ St. Hialeah, FL 33010 in Miami-Dade
Cotnty, Florida. Specifically, at the time of the subject accident, the Plaintiff,
XIOMARA LLERENA, was a business invitee upon the premises owned by the
Defendant, QUINTANA FAMILY DAY CARE, when she fell as a result of a
dangerous, defective and concealed step.
6. The Defendant, QUINTANA FAMILY DAY CARE, owed a duty to the Plaintiff,
XIOMARA LLERENA, to provide and maintain a safe, danger free environment
for individuals such as the Plaintiff, XIOMARA LLERENA, who were lawfully
upon the subject premises.
7. The Defendant, QUINTANA FAMILY DAY CARE, breached the duty owed to
the Plaintiff, XIOMARA LLERENA, by committing one or more of the following
acts of commission and/or omission:
a. The Defendant, QUINTANA FAMILY DAY CARE, created a dangerous and
defective condition by negligently allowing a dangerous, defective and
concealed step to remain on the premises without any warning thereby
causing the Plaintiff, XIOMARA LLERENA, a fall;Case No.: 17-014926 CA (31)
b. The Defendant, QUINTANA FAMILY DAY CARE, knew of the existence of
the dangerous, defective and concealed step or in the exercise of reasonably
care should have known of the existence of the condition;
c, The Defendant, QUINTANA FAMILY DAY CARE, 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, QUINTANA FAMILY DAY CARE, failed to take adequately
precautionary and/or preventive measures to protect individuals such as the
Plaintiff, XIOMARA LLERENA, from the reasonable foreseeable danger
when the Defendant, QUINTANA FAMILY DAY CARE, knew or should
have known of the extent of the danger;
e, The Defendant, QUINTANA FAMILY DAY CARE, failed to adequately and
properly warn of the dangerous, defective and concealed subject step thereby
causing the Plaintiff's injuries.
f, The Defendant, QUINTANA FAMILY DAY CARE, created a dangerous
condition on the premises which violated the Florida Building code and other
county, state and federal regulations regarding walking surfaces.
As a direct, proximate and foreseeable result of the negligence of the Defendant,
QUINTANA FAMILY DAY CARE, the Plaintiff, XIOMARA LLERENA, was
injured in and about her body and extremities and caused to suffer the following
items of damages:
a, Past, present and future medical and related expenses;
b. Past, present and future aggravation of a pre-existing condition;
c. Past, present and future physical and mental pain and suffering;Case Now 17-014926 CA (34)
d. Past, present and future shame, humiliation, scarring, disability, discomfort,
disfigurement and the inability to lead a normal life.
9, The injuries suffered by the Plaintiff, XIOMARA LLERENA, are permanent and
continuing in their nature and the Plaintiff has suffered in the past and will
continue to suffer in the future.
COUNT Ht - CLAIM OF ROBERTO LLERENA AS XIOMARA LLERENA’S HUSBAND
‘The Plaintiffs adopt and revear all allegations contained in the General Allegations above
and further allege:
10. Atal tintes material hereto the Plaintiff, ROBERTO LLERENA, was and is the
lawful spouse of the Plaintiff, KIOMARA LLERENA,
if. Asa direct, proximate, and foreseeable result of the negligence of the Defendant,
QUINTANA FAMILY DAY CARE, the Plaintiff, ROBERTO LLERENA, has in
the past and will in the future suffer diminishment of his wife’s companionship,
society and consortium and has in the past and will in the future incur medical
expenses for her care and treatment.
WHEREFORE, the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA,
demand judgment for damages against the Defendant, QUINTANA FAMILY DAY CARE, for
an amount in excess of Fifteen Thousand Dollars ($15,000.00) plus ail other awards recoverable
under Florida law. The Plaintiffs demand a trial by jury.
ot i BR
DATED this oe day of August, 2017,
FRIEDLAND LAW GROUP
1430 South Dixie Hwy., Suite 305
Coral Gables, Florida 33146
Fel: (305) 661-2008
Fax: (305) 661-2001
BY oe
Michael J. Carmona, Esq.
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Filing # 60162750 E-Filed 08/09/2017 12:08:11 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA XIOMARA LLERENA AND ROBERTO = GENERAL JURISDICTION DIVISION LLERENA, Case No: 17-014926 CA (31) Plaintiffs, Florida Bar No: 0084071 VS. QUINTANA FAMILY DAY CARE HOME d/b/a LEARNING AND GROWING FAMILY CHILD CARE, Defendant. i / PLAINTIFE’S FIRST AMENDED COMPLAINT FOR DAMAGES COME NOW the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA, by and through their undersigned counsel and sue the Defendant, QUINTANA FAMILY DAY CARE HOME d/b/a LEARNING AND GROWING FAMILY CHILD CARE, Florida corporation (hereinafter “QUINTANA FAMILY DAY CARE”) and allege as follows: , GENERAL ALLEGATIONS 1. 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. 2. At all times material hereto the Plaintiff, XIOMARA LLERENA, was and is a citizen and/or resident of Miami-Dade County, Florida and was and is sui juris. 3. At all times material hereto the Plaintiff, ROBERTO LLERENA, was and is a citizen and/or resident of Miami-Dade County, Florida and was and is sui juris. 4, At all times material hereto the Defendant, QUINTANA FAMILY DAY CARE, was and is a Florida corporation authorized and licensed to do business in the State of Florida. The Defendant, QUINTANA FAMILY DAY CARE, owns, operates, cleans, inspects, maintains, repairs and controls the premises known asCase No.: 17-014926 CA (31) QUINTANA FAMILY DAY CARE located at or near 312 W. 197 St, Hialeah, FL 33010 in Miami-Dade County, Florida. COUNT I- CLAIM FOR NEGLIGENCE AGAINST QUINTANA FAMILY DAY CARE The Plaintiffs adopt and reaver all allegations contained in the General Allegations above and further allege: 5. On or about February 23, 2017, the Plaintiff, XIOMARA LLERENA, was lawfully upon the premises of the Defendant, QUINTANA FAMILY DAY CARE, located at or near 312 W. 19™ St. Hialeah, FL 33010 in Miami-Dade Cotnty, Florida. Specifically, at the time of the subject accident, the Plaintiff, XIOMARA LLERENA, was a business invitee upon the premises owned by the Defendant, QUINTANA FAMILY DAY CARE, when she fell as a result of a dangerous, defective and concealed step. 6. The Defendant, QUINTANA FAMILY DAY CARE, owed a duty to the Plaintiff, XIOMARA LLERENA, to provide and maintain a safe, danger free environment for individuals such as the Plaintiff, XIOMARA LLERENA, who were lawfully upon the subject premises. 7. The Defendant, QUINTANA FAMILY DAY CARE, breached the duty owed to the Plaintiff, XIOMARA LLERENA, by committing one or more of the following acts of commission and/or omission: a. The Defendant, QUINTANA FAMILY DAY CARE, created a dangerous and defective condition by negligently allowing a dangerous, defective and concealed step to remain on the premises without any warning thereby causing the Plaintiff, XIOMARA LLERENA, a fall;Case No.: 17-014926 CA (31) b. The Defendant, QUINTANA FAMILY DAY CARE, knew of the existence of the dangerous, defective and concealed step or in the exercise of reasonably care should have known of the existence of the condition; c, The Defendant, QUINTANA FAMILY DAY CARE, 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, QUINTANA FAMILY DAY CARE, failed to take adequately precautionary and/or preventive measures to protect individuals such as the Plaintiff, XIOMARA LLERENA, from the reasonable foreseeable danger when the Defendant, QUINTANA FAMILY DAY CARE, knew or should have known of the extent of the danger; e, The Defendant, QUINTANA FAMILY DAY CARE, failed to adequately and properly warn of the dangerous, defective and concealed subject step thereby causing the Plaintiff's injuries. f, The Defendant, QUINTANA FAMILY DAY CARE, created a dangerous condition on the premises which violated the Florida Building code and other county, state and federal regulations regarding walking surfaces. As a direct, proximate and foreseeable result of the negligence of the Defendant, QUINTANA FAMILY DAY CARE, the Plaintiff, XIOMARA LLERENA, was injured in and about her body and extremities and caused to suffer the following items of damages: a, Past, present and future medical and related expenses; b. Past, present and future aggravation of a pre-existing condition; c. Past, present and future physical and mental pain and suffering;Case Now 17-014926 CA (34) d. Past, present and future shame, humiliation, scarring, disability, discomfort, disfigurement and the inability to lead a normal life. 9, The injuries suffered by the Plaintiff, XIOMARA LLERENA, are permanent and continuing in their nature and the Plaintiff has suffered in the past and will continue to suffer in the future. COUNT Ht - CLAIM OF ROBERTO LLERENA AS XIOMARA LLERENA’S HUSBAND ‘The Plaintiffs adopt and revear all allegations contained in the General Allegations above and further allege: 10. Atal tintes material hereto the Plaintiff, ROBERTO LLERENA, was and is the lawful spouse of the Plaintiff, KIOMARA LLERENA, if. Asa direct, proximate, and foreseeable result of the negligence of the Defendant, QUINTANA FAMILY DAY CARE, the Plaintiff, ROBERTO LLERENA, has in the past and will in the future suffer diminishment of his wife’s companionship, society and consortium and has in the past and will in the future incur medical expenses for her care and treatment. WHEREFORE, the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA, demand judgment for damages against the Defendant, QUINTANA FAMILY DAY CARE, for an amount in excess of Fifteen Thousand Dollars ($15,000.00) plus ail other awards recoverable under Florida law. The Plaintiffs demand a trial by jury. ot i BR DATED this oe day of August, 2017, FRIEDLAND LAW GROUP 1430 South Dixie Hwy., Suite 305 Coral Gables, Florida 33146 Fel: (305) 661-2008 Fax: (305) 661-2001 BY oe Michael J. Carmona, Esq.