Motion to Dismiss - Due Date: Complete Date: Parties: William Fink; Victaulic Company

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                          Filing # 56568983 E-Filed 05/17/2017 02:56:35 PM

84614-1
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
BERTIN HENRY PEREZ, CECILIA CIRCUIT CIVIL DIVISION
HINOJOSA, and SILVIA WAGNER,
CASE NO. 2017 006074 CA 01
Plaintiffs,
vs.
ALL AMERICAN INSPECTIONS,
INC., FERGUSON FIRE &
FABRICATION, INC., VICTAULIC
COMPANY, and BRISTOL TOWER
CONDOMINIUM ASSOCIATION,
INC.,

Defendants
/

MOTION TO DISMISS
Pursuant to Florida Rules of Civil Procedure Rule 1.140(b)(6), Victaulic
Company (“Victaulic”) moves to dismiss Plaintiffs’ Complaint, and in support thereof
states:
I. INTRODUCTION
This claim arises out of allegations that a broken pipe on the seventeenth floor of
the Bristol Tower Condominium, which had been repaired earlier that day by Co-
defendant, All American Inspections, Inc. (“All American”), caused water damage to
Plaintiffs’ units. Plaintiffs’ claims against Victaulic sound in negligence and strict
liability. All three Plaintiffs’ negligence and…