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Filing # 55690825 E-Filed 04/27/2017 04:08:08 PM
IN THE CIRCUIT COURT OF THE 117
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
GRANADA INSURANCE COMPANY,
A Florida corporation, CASE NO.: 2017-008215-CA-01
Plaintiff,
JUDGE:
Vv.
LUCIAMY CORPORATION, ,
d/b/a SAMY BEAUTY LOUNGE,
a Florida corporation, and CARLOS VALIENTE,
individually,
Defendants.
/
DEFENDANT, CARLOS VALIENTE ANSWER TO COMPLAINT FOR
DECLARATORY RELIEF AND MANDATORY CROSS CLAIM AGAINST
CO-DEFENDANT LUCIAMY CORPORATION
ANSWER TO COMPLAINT FOR DECLARATORY RELIEF
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
10. Admitted.
ll. Admitted.
12. There is no allegation 12.
13. Admitted.
SC RANAMNPYNS
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Admitted.
19. Admitted.20. Without knowledge and demands strict proof thereof, therefore denied.
21. No response required.
22. Admitted.
23. Admitted.
24. Admitted.
25. Without knowledge and demands strict proof thereof, therefore denied.
26. Without knowledge and demands strict proof thereof, therefore denied.
27. Without knowledge and demands strict proof thereof, therefore denied.
28. | Without knowledge and demands strict proof thereof, therefore denied.
29. Admitted.
30. No response required.
31. Admitted.
32. Admitted.
33. | Without knowledge and demands strict proof thereof, therefore denied.
34, | Without knowledge and demands strict proof thereof, therefore denied.
35. | Without knowledge and demands strict proof thereof, therefore denied.
36. Without knowledge and demands strict proof thereof, therefore denied.
37. Admitted.
38. No response required.
39. Admitted.
40. Admitted.
41. | Without knowledge and demands strict proof thereof, therefore denied.
42. Without knowledge and demands strict proof thereof, therefore denied.
43. Without knowledge and demands strict proof thereof, therefore denied.
44. — Without knowledge and demands strict proof thereof, therefore denied.
45. Admitted.
MANDATORY CROSS CLAIM AGAINST
DEFENDANT-CROSS DEFENDANT LUCIAMY CORPORATION
COMES NOW, the Third Party Plaintiff, CARLOS VALIENTE, (hereinafter
“VALIENTE”) by and through the undersigned counsel, and files this claim for damages against
the Third Party Defendant , LUCIAMY CORPORATION, d/b/a, SAMY BEAUTY LOUNGE
(hereinafter “SAMY BEAUTY”), and for that cause would allege as follows:
1. That this is an action for damages in excess of FIFTEEN THOUSAND DOLLARS
($15,000.00)
2. That at all times material hereto, Third Party Plaintiff, CARLOS VALIENTE, was
over the age of eighteen, a resident of Miami-Dade County and is sui juris in all respects.3. Upon information and belief and at all times material hereto, the Third Party
Defendant was operating a beauty salon located at 8250 SW 40" Street, Miami, Miami-Dade
County, Florida 33155.
4. That on or about May 20, 2015, Third Party Plaintiff was a patron at, SAMY’S
BEAUTY LOUNGE for a scalp and hair treatment.
5. Third Party Plaintiff was accepted as a patron by Defendant, “SAMY BEAUTY”
for valuable consideration to be paid by Third Party Plaintiff to “SAMY BEAUTY”.
6. In performing the task of providing Third Party Plaintiff a topical scalp cream or
lotion, an of agent or employee of “SAMY BEAUTY” acting within the scope of his/her duties
and/or employment and in exclusive control of “SAMY BEAUTY’S” instrumentalities,
performed the treatment in so negligent and careless manner that Third Party Plaintiff suffered a
severe scalp burn.
7. “SAMY BEAUTY” through its agent/employee performed no “spot test” on a
small area of the patron’s scalp or other recommended test site to see what type of adverse
reaction, if any and once spot tested decide on whether to apply the topical treatment. This was
not done.
8. Third Party Plaintiff did nothing to cause or exacerbate his injuries and in fact
sought medical care and treatment of the injuries caused by “SAMY BEAUTY.”
9. As a direct and proximate result of the aforesaid negligent acts of “SAMY
BEAUTY”, by and through its agent/employee, Third Party Plaintiff has suffered bodily injury
and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity forenjoyment of life, medical expenses, and loss of earnings and earning capacity. The losses are
either permanent or continuing and Third Party Plaintiff will suffer the losses in the future.
WHEREFORE, CARLOS VALIENTE, demands judgment against the Third Party
Defendant, d/b/a, SAMY BEAUTY LOUNGE (“SAMY BEAUTY”), plus costs of this action
and further demands a trial by jury on all issues triable as a matter of right by a jury.
DRG FIRM
Attorneys For Carlos Valiente
9350 South Dixie Highway - Suite 1550
Miami, Florida 33156
Telephone: (888) 413-8353
E-mail: dg goldstartirm.com
FBN: 047035
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Filing # 55690825 E-Filed 04/27/2017 04:08:08 PM IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION GRANADA INSURANCE COMPANY, A Florida corporation, CASE NO.: 2017-008215-CA-01 Plaintiff, JUDGE: Vv. LUCIAMY CORPORATION, , d/b/a SAMY BEAUTY LOUNGE, a Florida corporation, and CARLOS VALIENTE, individually, Defendants. / DEFENDANT, CARLOS VALIENTE ANSWER TO COMPLAINT FOR DECLARATORY RELIEF AND MANDATORY CROSS CLAIM AGAINST CO-DEFENDANT LUCIAMY CORPORATION ANSWER TO COMPLAINT FOR DECLARATORY RELIEF Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. 10. Admitted. ll. Admitted. 12. There is no allegation 12. 13. Admitted. SC RANAMNPYNS 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted.20. Without knowledge and demands strict proof thereof, therefore denied. 21. No response required. 22. Admitted. 23. Admitted. 24. Admitted. 25. Without knowledge and demands strict proof thereof, therefore denied. 26. Without knowledge and demands strict proof thereof, therefore denied. 27. Without knowledge and demands strict proof thereof, therefore denied. 28. | Without knowledge and demands strict proof thereof, therefore denied. 29. Admitted. 30. No response required. 31. Admitted. 32. Admitted. 33. | Without knowledge and demands strict proof thereof, therefore denied. 34, | Without knowledge and demands strict proof thereof, therefore denied. 35. | Without knowledge and demands strict proof thereof, therefore denied. 36. Without knowledge and demands strict proof thereof, therefore denied. 37. Admitted. 38. No response required. 39. Admitted. 40. Admitted. 41. | Without knowledge and demands strict proof thereof, therefore denied. 42. Without knowledge and demands strict proof thereof, therefore denied. 43. Without knowledge and demands strict proof thereof, therefore denied. 44. — Without knowledge and demands strict proof thereof, therefore denied. 45. Admitted. MANDATORY CROSS CLAIM AGAINST DEFENDANT-CROSS DEFENDANT LUCIAMY CORPORATION COMES NOW, the Third Party Plaintiff, CARLOS VALIENTE, (hereinafter “VALIENTE”) by and through the undersigned counsel, and files this claim for damages against the Third Party Defendant , LUCIAMY CORPORATION, d/b/a, SAMY BEAUTY LOUNGE (hereinafter “SAMY BEAUTY”), and for that cause would allege as follows: 1. That this is an action for damages in excess of FIFTEEN THOUSAND DOLLARS ($15,000.00) 2. That at all times material hereto, Third Party Plaintiff, CARLOS VALIENTE, was over the age of eighteen, a resident of Miami-Dade County and is sui juris in all respects.3. Upon information and belief and at all times material hereto, the Third Party Defendant was operating a beauty salon located at 8250 SW 40" Street, Miami, Miami-Dade County, Florida 33155. 4. That on or about May 20, 2015, Third Party Plaintiff was a patron at, SAMY’S BEAUTY LOUNGE for a scalp and hair treatment. 5. Third Party Plaintiff was accepted as a patron by Defendant, “SAMY BEAUTY” for valuable consideration to be paid by Third Party Plaintiff to “SAMY BEAUTY”. 6. In performing the task of providing Third Party Plaintiff a topical scalp cream or lotion, an of agent or employee of “SAMY BEAUTY” acting within the scope of his/her duties and/or employment and in exclusive control of “SAMY BEAUTY’S” instrumentalities, performed the treatment in so negligent and careless manner that Third Party Plaintiff suffered a severe scalp burn. 7. “SAMY BEAUTY” through its agent/employee performed no “spot test” on a small area of the patron’s scalp or other recommended test site to see what type of adverse reaction, if any and once spot tested decide on whether to apply the topical treatment. This was not done. 8. Third Party Plaintiff did nothing to cause or exacerbate his injuries and in fact sought medical care and treatment of the injuries caused by “SAMY BEAUTY.” 9. As a direct and proximate result of the aforesaid negligent acts of “SAMY BEAUTY”, by and through its agent/employee, Third Party Plaintiff has suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity forenjoyment of life, medical expenses, and loss of earnings and earning capacity. The losses are either permanent or continuing and Third Party Plaintiff will suffer the losses in the future. WHEREFORE, CARLOS VALIENTE, demands judgment against the Third Party Defendant, d/b/a, SAMY BEAUTY LOUNGE (“SAMY BEAUTY”), plus costs of this action and further demands a trial by jury on all issues triable as a matter of right by a jury. DRG FIRM Attorneys For Carlos Valiente 9350 South Dixie Highway - Suite 1550 Miami, Florida 33156 Telephone: (888) 413-8353 E-mail: dg goldstartirm.com FBN: 047035