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Filing # 130779905 E-Filed 07/16/2021 09:10:25 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR CITRUS
COUNTY, FLORIDA
NORMAN L. CARTWRIGHT, lil CASENO.: 2021 CA 000537 A
and COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
VS.
R. T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
and
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants.
/
COMPLAINT
Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN CARTWRIGHT, Husband and Wife,
sue Defendants, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND
CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and alleges:
COMMON AS TO ALL COUNTS
1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00).
2. Venue is proper in Citrus County, Florida, as the incident giving rise to the cause of
action occurred in Citrus County, Florida.
3. At all times material hereto, Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN
CARTWRIGHT, were husband and wife, being married to each other.
4, At ail times material hereto, Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN
CARTWRIGHT, were and are residents of Citrus County, Florida.
5. At all times material hereto, Defendant, R. T. BROWN, INC., was and is a Florida Profit
Corporation doing business in Citrus County, Florida, as Brown Funeral Home and Crematory (hereinafter
referred to as “BROWN’).6. At all times material hereto, Defendant, CITRUS MEMORIAL HOSPITAL, INC., was and
is a Florida Profit Corporation doing business in Citrus County, Florida, (hereinafter referred to as
“CITRUS MEMORIAL”).
7. At all times material hereto, Travis Ericson (hereinafter referred to as “ERICSON") was
an employee, servant, or agent of Defendant, BROWN, and was acting within the course and scope of his
employment, servitude, or agency of BROWN.
8. At all times material hereto, Sam Saldana (hereinafter referred to as “SALDANA") was an
employee, servant, or agent of Defendant, CITRUS MEMORIAL, and was acting within the course and
scope of his employment, servitude, or agency of CITRUS MEMORIAL.
9. At all times material hereto, Plaintiff, NORMAN L. CARTWRIGHT, Ill, was an employee
of G48 Secure Solutions, inc., and was acting within the course and scope of his employment as a
security officer.
10. At ail times material hereto, Cory Wilson (hereinafter referred to as “WILSON") was an
employee of G4S Secure Solutions, inc., and was acting within the course and scope of his employment.
14. On or about October 6, 2017, Plaintiff, NORMAN L. CARTWRIGHT, III, was working as a
security officer assigned to CITRUS MEMORIAL by his employer, G4S Secure Solutions, Inc. At
approximately 6:00 p.m., Plaintiff, NORMAN L. CARTWRIGHT, Ill, and WILSON were sent to the hospital
morgue to assist in the transfer of a deceased patient of CITRUS MEMORIAL to the custody of BROWN’s
employee, ERICSON.
12. The deceased patient (hereinafter referred to as “the body”) was a very large man
estimated to have weighed in excess of 400 pounds at the time of his death.
43. Prior to the move, the body was being stored in the lowest morgue cooler, very near the
level of the floor.
14. ERICSON furnished a transport gurney (hereinafter referred to as “the gurney”) owned by
BROWN for the purpose of transporting the body from the morgue cooler to BROWN’s transport vehicle.
16. The gurney was designed with collapsing legs to allow for raising and lowering of the
gurney to facilitate body transfers.
16. The gurney was not designed to carry a body in excess of 400 pounds.
Page 2 of 717. To move the body from the cooler, it was necessary to collapse the legs to the lowest
position, transfer the body from the cooler, and then manually lift the gurney to a raised position so the
body could be rolled to BROWN’S transport vehicle. As the gurney is lifted, the legs of the gurney were
designed to automatically extend down toward the floor and then lock into place.
18. Due to the body's size, SALDANA was assigned by CITRUS MEMORIAL to assist
Plaintiff, NORMAN L. CARTWRIGHT, Ili, ERICSON, and WILSON in transferring the body from the
cooler to the gurney, and in lifting the gurney from the floor to the raised position,
19. After the body was transferred to the gurney, but prior to attempting to raise the gurney,
Plaintiff, NORMAN L. CARTWRIGHT, lil, was positioned at the end of the gurney closest to the body's
feet, while SALDANA, ERICSON, and WILSON were positioned at the end of the gurney closest to the
body's head.
20. As the four men lifted the gurney, the legs closest to SALDANA, ERICSON, and WILSON
extended as expected, but the legs closest to Plaintiff, NORMAN L. CARTWRIGHT, Ill, failed to extend.
21. Without warning or prior notice to Plaintiff, NORMAN L. CARTWRIGHT, Ill, SALDANA,
ERICSON, and WILSON released their end of the gurney leaving Plaintiff, NORMAN L. CARTWRIGHT,
Ill, to support the entire weight of the body unassisted.
22. The one extended set of gurney legs was not able to bear the weight of the body and
collapsed causing the head of the gurney to fall back to the floor, in turn causing Plaintiff, NORMAN L.
CARTWRIGHT Iil, to fall sustaining bodily injuries.
COUNT | - NEGLIGENCE CLAIM OF
PLAINTIFF, NORMAN L. CARTWRIGHT, Ill, AGAINST
DEFENDANT, BROWN
Plaintiff, NORMAN L. CARTWRIGHT, lll, sues Defendant, R. T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges:
23. Plaintiff, NORMAN L. CARTWRIGHT, Ill, re-alleges and incorporates by reference
paragraphs 1 through 22 above as if fully alleged herein.
24, BROWN owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, to use
reasonable care in properly selecting, maintaining, and using its deceased body transport gurney so as to
avoid creating an unreasonable risk of harm.
Page 3 of 725. BROWN, by and through its employees, including ERICKSON, knew or should have
known, that the gurney was not structurally fit for the purpose of transporting a dead body the size and
weight of the body described herein.
26. BROWN, by and through its employees, including ERICKSON, breached its duty of care
by utilizing a gurney not fit for the purpose of transporting a dead body the size and weight of the body
described herein.
27. Further, ERICKSON owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, fo
use reasonable care in lifting the body described herein.
28. ERICKSON, breached this duty of care by:
a) Releasing the end of the gurney before all of the legs had locked into place; and
b) Failing to warn Plaintiff, NORMAN L. CARTWRIGHT, ill, that he intended to release the
end of the gurney before ail of the legs had locked into place.
29. As a direct and proximate result of the carelessness and negligence of ERICKSON,
Plaintiff, NORMAN L. CARTWRIGHT, Ill, was injured in and about his body and extremities, suffered
bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the
capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment.
The losses are either permanent or continuing in nature and the Plaintiff, NORMAN L. CARTWRIGHT, III,
will suffer the losses in the future.
30. Defendant, BROWN, is vicariously liable for any harm caused by ERICKSON, while he
was acting in the course and scope of his employment with Defendant, BROWN.
WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, Ill, demands judgment for damages
against Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b’a BROWN FUNERAL HOME
AND CREMATORY, and requests a trial by jury on all issues so triable.
COUNT Il ~ FAILURE TO WARN CLAIM OF
PLAINTIFF, NORMAN L. CARTWRIGHT, fil, AGAINST
DEFENDANT, BROWN
Plaintiff, NORMAN L. CARTWRIGHT, Ill, sues Defendant, R. T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges:
Page 4 of 731. Plaintiff, NORMAN L, CARTWRIGHT, Ili, re-alleges and incorporates by reference
paragraphs 1 through 22 above as if fully alleged herein.
32. BROWN owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, to warn
Plaintiff, NORMAN L. CARTWRIGHT, Ill, of the danger created by utilizing a gurney not fit for the purpose
of transporting a dead body the size and weight of the body described herein.
33. BROWN, by and through its employees, including ERICKSON, breached its duty to warn
Plaintiff, NORMAN L. CARTWRIGHT, III, by failing to give any warning of the danger created by utilizing a
gurney not fit for the purpose of transporting a dead body the size and weight of the body described
herein.
34, As a direct and proximate result of ERICKSON’s failure to warn Plaintiff, NORMAN L.
CARTWRIGHT, Ill, of such danger, Plaintiff, NORMAN L. CARTWRIGHT, Ill, was injured in and about his
body and extremities, suffered bodily injury and resulting pain and suffering, disability, disfigurement,
mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and
nursing care and treatment. The losses are either permanent or continuing in nature and the Plaintiff,
NORMAN L. CARTWRIGHT, III, will suffer the losses in the future.
35. Defendant, BROWN, is vicariously liable for any harm caused by ERICKSON, while he
was acting in the course and scope of his employment with Defendant, BROWN.
WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, Ill, demands judgment for damages
against Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b’a BROWN FUNERAL HOME
AND CREMATORY, and requests a trial by jury on all issues so triable.
COUNT Ill - CONSORTIUM CLAIM OF
PLAINTIFF, COLLEEN CARTWRIGHT, AGAINST
DEFENDANT, BROWN
Plaintiff, COLLEEN CARTWRIGHT, sues Defendant, R. T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges:
36. Plaintiff, COLLEEN CARTWRIGHT, re-alleges and incorporates by reference paragraphs
1 through 35 above as if fully alleged herein.
37. As a direct and proximate cause of the negligence of ERICSON, for which Defendant,
BROWN, is vicariously liable, Plaintiff, COLLEEN CARTWRIGHT, has suffered the loss of her husband's
Page 5 of 7services, consortium, and the care and comfort of his society because of his injuries and disabilities
resulting from the negligence of ERICSON.
WHEREFORE, Plaintiff, COLLEEN CARTWRIGHT, demands judgment for damages against
Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND
CREMATORY, and requests a trial by jury on all issues so triable.
COUNT IV —- NEGLIGENCE CLAIM OF
PLAINTIFF, NORMAN L. CARTWRIGHT, Ill, AGAINST
DEFENDANT, CITRUS MEMORIAL
Plaintiff, NORMAN L. CARTWRIGHT, Ill, sues Defendant, CITRUS MEMORIAL HOSPITAL,
iNC., a Florida Profit Corporation, and alleges:
38. Plaintiff, NORMAN L. CARTWRIGHT, Ill, re-alleges and incorporates by reference
paragraphs 1 through 22 above as if fully alleged herein.
39. SALDANA owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, fo use
reasonable care in lifting the body described herein.
40. SALDANA, breached this duty of care by:
c) Releasing the end of the gurney before all of the legs had locked into place; and
d) Failing to warn Plaintiff, NORMAN L. CARTWRIGHT, Ill, that he intended to release the
end of the gurney before all of the legs had locked into place.
41. Defendant, CITRUS MEMORIAL, is vicariously liable for any harm caused by SALDANA,
while he was acting in the course and scope of his employment with Defendant, CITRUS MEMORIAL.
42. As a direct and proximate result of the carelessness and negligence of SALDANA,
Plaintiff, NORMAN L. CARTWRIGHT, III, was injured in and about his body and extremities, suffered
bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the
capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment.
The losses are either permanent or continuing in nature and the Plaintiff, NORMAN L. CARTWRIGHT, Ill,
will suffer the losses in the future.
WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, III, demands judgment for damages
against Defendant, CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and requests a
trial by jury on all issues so triable.
Page 6 of 7COUNT V - CONSORTIUM CLAIM OF
PLAINTIFF, COLLEEN CARTWRIGHT, AGAINST
DEFENDANT, CITRUS MEMORIAL
Plaintiff, COLLEEN CARTWRIGHT, sues Defendant, CITRUS MEMORIAL HOSPITAL, INC., a
Florida Profit Corporation, and alleges:
43. Plaintiff, COLLEEN CARTWRIGHT, re-alleges and incorporates by reference paragraphs
1 through 22 and 39 through 42 above as if fully alleged herein.
44, As a direct and proximate cause of the negligence of SALDANA, for which Defendant,
BROWN, is vicariously liable, Plaintiff, COLLEEN CARTWRIGHT, has suffered the loss of her husband's
services, consortium, and the care and comfort of his society because of his injuries and disabilities
resulting from the negligence of SALDANA.
WHEREFORE, Plaintiff, COLLEEN CARTWRIGHT, demands judgment for damages against
Defendant, CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and requests a trial by
jury on all issues so triable.
DATED this \Id*~_ day of July, 2021.
_ THOMAS D-HIPPELHEUSER, ESQUIRE
~" Flosida Bar No.: 0784559
_--tom@bemillerlaw.com
“LAW OFFICES OF BRENT C. MILLER, P.A.
205 East Burleigh Boulevard
Tavares, FL 32778
(352) 343-7400
Fax: (352) 343-9152
litigation@bemillerlaw.com
melisa@bcmilterlaw.com
Attorney for Plaintiffs
Page 7 of 7
Preview
Filing # 130779905 E-Filed 07/16/2021 09:10:25 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L. CARTWRIGHT, lil CASENO.: 2021 CA 000537 A and COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, VS. R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants. / COMPLAINT Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN CARTWRIGHT, Husband and Wife, sue Defendants, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and alleges: COMMON AS TO ALL COUNTS 1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00). 2. Venue is proper in Citrus County, Florida, as the incident giving rise to the cause of action occurred in Citrus County, Florida. 3. At all times material hereto, Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN CARTWRIGHT, were husband and wife, being married to each other. 4, At ail times material hereto, Plaintiffs, NORMAN L. CARTWRIGHT, Ill, and COLLEEN CARTWRIGHT, were and are residents of Citrus County, Florida. 5. At all times material hereto, Defendant, R. T. BROWN, INC., was and is a Florida Profit Corporation doing business in Citrus County, Florida, as Brown Funeral Home and Crematory (hereinafter referred to as “BROWN’).6. At all times material hereto, Defendant, CITRUS MEMORIAL HOSPITAL, INC., was and is a Florida Profit Corporation doing business in Citrus County, Florida, (hereinafter referred to as “CITRUS MEMORIAL”). 7. At all times material hereto, Travis Ericson (hereinafter referred to as “ERICSON") was an employee, servant, or agent of Defendant, BROWN, and was acting within the course and scope of his employment, servitude, or agency of BROWN. 8. At all times material hereto, Sam Saldana (hereinafter referred to as “SALDANA") was an employee, servant, or agent of Defendant, CITRUS MEMORIAL, and was acting within the course and scope of his employment, servitude, or agency of CITRUS MEMORIAL. 9. At all times material hereto, Plaintiff, NORMAN L. CARTWRIGHT, Ill, was an employee of G48 Secure Solutions, inc., and was acting within the course and scope of his employment as a security officer. 10. At ail times material hereto, Cory Wilson (hereinafter referred to as “WILSON") was an employee of G4S Secure Solutions, inc., and was acting within the course and scope of his employment. 14. On or about October 6, 2017, Plaintiff, NORMAN L. CARTWRIGHT, III, was working as a security officer assigned to CITRUS MEMORIAL by his employer, G4S Secure Solutions, Inc. At approximately 6:00 p.m., Plaintiff, NORMAN L. CARTWRIGHT, Ill, and WILSON were sent to the hospital morgue to assist in the transfer of a deceased patient of CITRUS MEMORIAL to the custody of BROWN’s employee, ERICSON. 12. The deceased patient (hereinafter referred to as “the body”) was a very large man estimated to have weighed in excess of 400 pounds at the time of his death. 43. Prior to the move, the body was being stored in the lowest morgue cooler, very near the level of the floor. 14. ERICSON furnished a transport gurney (hereinafter referred to as “the gurney”) owned by BROWN for the purpose of transporting the body from the morgue cooler to BROWN’s transport vehicle. 16. The gurney was designed with collapsing legs to allow for raising and lowering of the gurney to facilitate body transfers. 16. The gurney was not designed to carry a body in excess of 400 pounds. Page 2 of 717. To move the body from the cooler, it was necessary to collapse the legs to the lowest position, transfer the body from the cooler, and then manually lift the gurney to a raised position so the body could be rolled to BROWN’S transport vehicle. As the gurney is lifted, the legs of the gurney were designed to automatically extend down toward the floor and then lock into place. 18. Due to the body's size, SALDANA was assigned by CITRUS MEMORIAL to assist Plaintiff, NORMAN L. CARTWRIGHT, Ili, ERICSON, and WILSON in transferring the body from the cooler to the gurney, and in lifting the gurney from the floor to the raised position, 19. After the body was transferred to the gurney, but prior to attempting to raise the gurney, Plaintiff, NORMAN L. CARTWRIGHT, lil, was positioned at the end of the gurney closest to the body's feet, while SALDANA, ERICSON, and WILSON were positioned at the end of the gurney closest to the body's head. 20. As the four men lifted the gurney, the legs closest to SALDANA, ERICSON, and WILSON extended as expected, but the legs closest to Plaintiff, NORMAN L. CARTWRIGHT, Ill, failed to extend. 21. Without warning or prior notice to Plaintiff, NORMAN L. CARTWRIGHT, Ill, SALDANA, ERICSON, and WILSON released their end of the gurney leaving Plaintiff, NORMAN L. CARTWRIGHT, Ill, to support the entire weight of the body unassisted. 22. The one extended set of gurney legs was not able to bear the weight of the body and collapsed causing the head of the gurney to fall back to the floor, in turn causing Plaintiff, NORMAN L. CARTWRIGHT Iil, to fall sustaining bodily injuries. COUNT | - NEGLIGENCE CLAIM OF PLAINTIFF, NORMAN L. CARTWRIGHT, Ill, AGAINST DEFENDANT, BROWN Plaintiff, NORMAN L. CARTWRIGHT, lll, sues Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges: 23. Plaintiff, NORMAN L. CARTWRIGHT, Ill, re-alleges and incorporates by reference paragraphs 1 through 22 above as if fully alleged herein. 24, BROWN owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, to use reasonable care in properly selecting, maintaining, and using its deceased body transport gurney so as to avoid creating an unreasonable risk of harm. Page 3 of 725. BROWN, by and through its employees, including ERICKSON, knew or should have known, that the gurney was not structurally fit for the purpose of transporting a dead body the size and weight of the body described herein. 26. BROWN, by and through its employees, including ERICKSON, breached its duty of care by utilizing a gurney not fit for the purpose of transporting a dead body the size and weight of the body described herein. 27. Further, ERICKSON owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, fo use reasonable care in lifting the body described herein. 28. ERICKSON, breached this duty of care by: a) Releasing the end of the gurney before all of the legs had locked into place; and b) Failing to warn Plaintiff, NORMAN L. CARTWRIGHT, ill, that he intended to release the end of the gurney before ail of the legs had locked into place. 29. As a direct and proximate result of the carelessness and negligence of ERICKSON, Plaintiff, NORMAN L. CARTWRIGHT, Ill, was injured in and about his body and extremities, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment. The losses are either permanent or continuing in nature and the Plaintiff, NORMAN L. CARTWRIGHT, III, will suffer the losses in the future. 30. Defendant, BROWN, is vicariously liable for any harm caused by ERICKSON, while he was acting in the course and scope of his employment with Defendant, BROWN. WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, Ill, demands judgment for damages against Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b’a BROWN FUNERAL HOME AND CREMATORY, and requests a trial by jury on all issues so triable. COUNT Il ~ FAILURE TO WARN CLAIM OF PLAINTIFF, NORMAN L. CARTWRIGHT, fil, AGAINST DEFENDANT, BROWN Plaintiff, NORMAN L. CARTWRIGHT, Ill, sues Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges: Page 4 of 731. Plaintiff, NORMAN L, CARTWRIGHT, Ili, re-alleges and incorporates by reference paragraphs 1 through 22 above as if fully alleged herein. 32. BROWN owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, to warn Plaintiff, NORMAN L. CARTWRIGHT, Ill, of the danger created by utilizing a gurney not fit for the purpose of transporting a dead body the size and weight of the body described herein. 33. BROWN, by and through its employees, including ERICKSON, breached its duty to warn Plaintiff, NORMAN L. CARTWRIGHT, III, by failing to give any warning of the danger created by utilizing a gurney not fit for the purpose of transporting a dead body the size and weight of the body described herein. 34, As a direct and proximate result of ERICKSON’s failure to warn Plaintiff, NORMAN L. CARTWRIGHT, Ill, of such danger, Plaintiff, NORMAN L. CARTWRIGHT, Ill, was injured in and about his body and extremities, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment. The losses are either permanent or continuing in nature and the Plaintiff, NORMAN L. CARTWRIGHT, III, will suffer the losses in the future. 35. Defendant, BROWN, is vicariously liable for any harm caused by ERICKSON, while he was acting in the course and scope of his employment with Defendant, BROWN. WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, Ill, demands judgment for damages against Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b’a BROWN FUNERAL HOME AND CREMATORY, and requests a trial by jury on all issues so triable. COUNT Ill - CONSORTIUM CLAIM OF PLAINTIFF, COLLEEN CARTWRIGHT, AGAINST DEFENDANT, BROWN Plaintiff, COLLEEN CARTWRIGHT, sues Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and alleges: 36. Plaintiff, COLLEEN CARTWRIGHT, re-alleges and incorporates by reference paragraphs 1 through 35 above as if fully alleged herein. 37. As a direct and proximate cause of the negligence of ERICSON, for which Defendant, BROWN, is vicariously liable, Plaintiff, COLLEEN CARTWRIGHT, has suffered the loss of her husband's Page 5 of 7services, consortium, and the care and comfort of his society because of his injuries and disabilities resulting from the negligence of ERICSON. WHEREFORE, Plaintiff, COLLEEN CARTWRIGHT, demands judgment for damages against Defendant, R. T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY, and requests a trial by jury on all issues so triable. COUNT IV —- NEGLIGENCE CLAIM OF PLAINTIFF, NORMAN L. CARTWRIGHT, Ill, AGAINST DEFENDANT, CITRUS MEMORIAL Plaintiff, NORMAN L. CARTWRIGHT, Ill, sues Defendant, CITRUS MEMORIAL HOSPITAL, iNC., a Florida Profit Corporation, and alleges: 38. Plaintiff, NORMAN L. CARTWRIGHT, Ill, re-alleges and incorporates by reference paragraphs 1 through 22 above as if fully alleged herein. 39. SALDANA owed a duty of care to Plaintiff, NORMAN L. CARTWRIGHT, Ill, fo use reasonable care in lifting the body described herein. 40. SALDANA, breached this duty of care by: c) Releasing the end of the gurney before all of the legs had locked into place; and d) Failing to warn Plaintiff, NORMAN L. CARTWRIGHT, Ill, that he intended to release the end of the gurney before all of the legs had locked into place. 41. Defendant, CITRUS MEMORIAL, is vicariously liable for any harm caused by SALDANA, while he was acting in the course and scope of his employment with Defendant, CITRUS MEMORIAL. 42. As a direct and proximate result of the carelessness and negligence of SALDANA, Plaintiff, NORMAN L. CARTWRIGHT, III, was injured in and about his body and extremities, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment. The losses are either permanent or continuing in nature and the Plaintiff, NORMAN L. CARTWRIGHT, Ill, will suffer the losses in the future. WHEREFORE, Plaintiff, NORMAN L. CARTWRIGHT, III, demands judgment for damages against Defendant, CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and requests a trial by jury on all issues so triable. Page 6 of 7COUNT V - CONSORTIUM CLAIM OF PLAINTIFF, COLLEEN CARTWRIGHT, AGAINST DEFENDANT, CITRUS MEMORIAL Plaintiff, COLLEEN CARTWRIGHT, sues Defendant, CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and alleges: 43. Plaintiff, COLLEEN CARTWRIGHT, re-alleges and incorporates by reference paragraphs 1 through 22 and 39 through 42 above as if fully alleged herein. 44, As a direct and proximate cause of the negligence of SALDANA, for which Defendant, BROWN, is vicariously liable, Plaintiff, COLLEEN CARTWRIGHT, has suffered the loss of her husband's services, consortium, and the care and comfort of his society because of his injuries and disabilities resulting from the negligence of SALDANA. WHEREFORE, Plaintiff, COLLEEN CARTWRIGHT, demands judgment for damages against Defendant, CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, and requests a trial by jury on all issues so triable. DATED this \Id*~_ day of July, 2021. _ THOMAS D-HIPPELHEUSER, ESQUIRE ~" Flosida Bar No.: 0784559 _--tom@bemillerlaw.com “LAW OFFICES OF BRENT C. MILLER, P.A. 205 East Burleigh Boulevard Tavares, FL 32778 (352) 343-7400 Fax: (352) 343-9152 litigation@bemillerlaw.com melisa@bcmilterlaw.com Attorney for Plaintiffs Page 7 of 7