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Filing # 133732239 E-Filed 08/31/2021 10:21:30 AM
IN THE CIRCUIT COURT OF THE TWELTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO:
WILLIAM SUGGS,
Plaintiff,
vs.
7-ELEVEN, INC. and JOHN DOE,
Defendant. /
COMPLAINT
Plaintiff, WILLIAM SUGGS, by and through the undersigned counsel, hereby sues
Defendants, 7-ELEVEN, INC., and alleges as follows:
1. This is an action for damages that exceeds the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees. The actual value of
Plaintiffs claim will be determined by a fair and just jury in accordance with Article 1, Section 21,
Fla. Const.
2. Plaintiff, WILLIAM SUGGS, is a natural person residing in Manatee County,
Florida.
3. At all times material to this action, Defendant, 7-ELEVEN, INC., is a foreign profit
corporation licensed to do business in the State of Florida
4. At all times material hereto, Defendant, 7-ELEVEN, INC., was the owner and in
possession of that certain business located at 12060 US 301, Parish, Manatee County, Florida, open
to the general public, including the Plaintiff herein.
5. At all times material hereto, Defendant JOHN DOE, (name undetermined at this
time) was the manager of the 7-Eleven business located at 12060 US 301 Parish, Manatee County,
Florida
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDT6. At all times material hereto, Defendant, JOHN DOE, is believed to have resided in
or around Manatee County, and in the State of Florida. Discovery is ongoing to his/her current
residence.
7. On or about December 3, 2020, Plaintiff, WILLIAM SUGGS, visited Defendant’s
premises located at the above address as a business invitee and/or guest.
8. At said time and place, Plaintiff, WILLIAM SUGGS, was a lawfully guest upon
the premises of the Defendant, 7-ELEVEN, INC., who owed Plaintiff a nondelegable duty to
exercise reasonable care for his safety.
9. On or about December 3, 2020, Plaintiff, WILLIAM SUGGS, tripped and fell
over the poorly marked and designed curb at the front entrance of the store at 12060 US 301
Parish, Manatee County, Florida.
COUNT I- CLAIM FOR PREMISES LIABILITY AGAINST DEFENDANT.
TELEVEN, LLC
10. Plaintiff realleges and reasserts the allegations contained within paragraphs one (1)
through nine (9) as if fully set forth herein.
ll. At said time and place, Defendant owed Plaintiff duties to maintain the premises in a
reasonably safe condition, and to warn Plaintiff of dangerous condition on their premises.
12. At said time and place, Defendant breached these duties to Plaintiff by
committing one or more of the following omissions or commissions:
a) Negligently failing to maintain or adequately maintain the curb at the front
entrance of the store, thus creating a hazard to members of the public
utilizing said premises, including the Plaintiff herein, thus creating an
unreasonably dangerous condition for Plaintiff
b) Negligently creating a hazard to members of the public utilizing said
premises, including the Plaintiff herein, thus creating an unreasonably
dangerous condition for Plaintiff;
c) Negligently failing to inspect or adequately inspect the curb at the front
entrance to the store, as specified above, to ascertain whether the curb,
which was poorly maintained and designed, constituted a hazard to patrons
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTutilizing said front entrance area, including the Plaintiff herein, thus
creating an unreasonably dangerous condition to the Plaintiff;
d) Negligently failing to warn or adequately warn the Plaintiff of the danger
of the curb at the front entrance, when Defendant knew or through the
exercise of reasonable care should have known that said front entrance
curb was unreasonably dangerous and that Plaintiff was unaware of same.
e) Negligently failing to correct and/or inspect and/or maintain and/ repair
and/or adequately correct and/or replace the unreasonably dangerous
condition of the curb at the front entrance, when said condition was either
known to Defendant or had existed for a sufficient length of time such that
Defendant should have known of same had Defendant exercised
reasonable care;
f) Negligently failing to have adequate staff on duty and/or assigned to the task
of inspecting and/or maintaining the curb at the front entrance for dangerous
conditions;
g) Negligently failing to train and/or inadequately training its employees to
inspect, maintain, and/or repair the curb at the front entrance for dangerous
conditions;
h) Negligently failing to follow its own corporate policy(ies) regarding the
dangerous condition;
i) Negligently failing to act reasonably under the circumstances;
jd Negligently engaging in a mode of operations when Defendant knew, or
should have known, that said mode of operations would result in dangerous
conditions to the general public, including the Plaintiff herein.
k) Negligently engaging in routine or regular practice of business that was not
the reasonable custom of the community.
1) Negligently failing to install, maintain and provide a safe flooring surface
within the subject premises.
13. As a result, while Plaintiff was visiting Defendant’s business, he tripped and fell on
the curb at the front entrance of the subject premises, sustaining significant personal injuries..
14. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered
bodily injury resulting in pain and suffering, disability, disfigurement, permanent and significant
scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTaggravation of previously existing condition. The losses are either permanent or continuing and
Plaintiff will suffer the losses in the future.
WHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, 7-ELEVEN, INC.,
for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus
interest and costs, and demands trial by jury of all issues so triable.
COUNT II — CLAIM OF NEGLIGENCE UNDER THE NON-DELEGABLE DUTY
DOCTRINE AGAINST DEFENDANT, 7-ELEVEN,INC.
15. Plaintiff reasserts and realleges the allegations contained within paragraphs one
(1) through nine (9) as if fully set forth herein.
16. At said time and place, Defendant owned, controlled, and/or possessed the business
premises.
17. _ At said time and place, and by virtue of their ownership, control, and/or possession
of the premises, Defendant owed Plaintiff a common law non-delegable duty to maintain the
premises in a reasonably safe condition.
18. At said time and place, Defendant breached these duties to Plaintiff by
committing one or more of the following omissions or commissions:
a) Negligently failing to maintain or adequately maintain the front entrance
step, thus creating a hazard to members of the public utilizing said
premises, including the Plaintiff herein, thus creating an unreasonably
dangerous condition for Plaintiff;
b) Negligently creating a trip hazard to members of the public utilizing said
premises, including the Plaintiff herein, thus creating an unreasonably
dangerous condition for Plaintiff
c) Negligently failing to inspect or adequately inspect the curb at the front
entrance to the store, as specified above, to ascertain whether the curb,
which was poorly marked, maintained and designed, constituted a hazard to
patrons utilizing said front entrance to the store, including the Plaintiff
herein, thus creating an unreasonably dangerous condition to the Plaintiff;
d) Negligently failing to warn or adequately warn the Plaintiff of the danger
of the curb at the front entrance to the store, when Defendant knew or
through the exercise of reasonable care should have known that said curb
was unreasonably dangerous and that Plaintiff was unaware of same.
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTe) Negligently failing to correct and/or inspect and/or maintain and/ repair
and/or adequately correct and/or replace the unreasonably dangerous
condition of the curb at the front entrance to the store, when said condition
was either known to Defendant or had existed for a sufficient length of
time such that Defendant should have known of same had Defendant
exercised reasonable care;
f) Negligently failing to have adequate staff on duty and/or assigned to the task
of inspecting and/or maintaining the curb at the front entrance of the store
dangerous conditions;
g) Negligently failing to train and/or inadequately training its employees to
inspect, maintain, and/or repair the curb at the front entrance of the store for
dangerous conditions;
h) Negligently failing to follow its own corporate policy(ies) regarding the
dangerous condition;
i) Negligently failing to act reasonably under the circumstances;
ij) Negligently engaging in a mode of operations when Defendant knew, or
should have known, that said mode of operations would result in dangerous
conditions to the general public. Including the Plaintiff.
k) Negligently engaging in routine or regular practice of business that was not
the reasonable custom of the community
1) Negligently failing to install, maintain and provide a safe walking surface
within the subject premises.
19. As aresult, while Plaintiff was visiting Defendant’s business, he tripped and fell on
the curb at the front entrance to the store on the subject premises, sustaining significant personal
injuries.
20. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered
bodily injury resulting in pain and suffering, disability, disfigurement, permanent and significant
scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and
aggravation of previously existing condition. The losses are either permanent or continuing and
Plaintiff will suffer the losses in the future.
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTWHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, 7-ELEVEN, INC..,
for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus
interest and costs, and demands trial by jury of all issues so triable.
COUNT I
NEGLIGENCE ~ JOHN DOE
19. Plaintiff reasserts and realleges the allegations contained within paragraphs one
(1) through nine (9) as if fully set forth herein.
20. On the date and at the place aforesaid, the Defendant, JOHN DOE, was the
manager of the 7-ELEVEN business premises located at 12060 US 301 Parish, Manatee County,
Florida and was responsible for overseeing the operations of the business premises.
21. On the date and at the place aforesaid, the Defendant, JOHN DOE, owed the
Plaintiff, WILLIAM SUGGS, a business visitor upon the premises, the duty to exercise reasonable
care for the safety of the Plaintiff, WILLIAM SUGGS.
22. On the date and at the place aforesaid, the Defendant, JOHN DOE, breached
his/her duty owed to the Plaintiff, WILLIAM SUGGS, by committing one or more of the
following omissions or commissions:
a) Negligently failing to maintain or adequately maintain the curb at
the front entrance to the store, thus creating a hazard to members of the
public utilizing said premises, including the Plaintiff herein, thus creating
an unreasonably dangerous condition for Plaintiff.
b) Negligently creating a trip hazard to members of the public
utilizing said premises, including the Plaintiff herein, thus creating an
unreasonably dangerous condition for Plaintiff;
c) Negligently failing to inspect or adequately inspect the curb at the
front entrance to the store, as specified above, to ascertain whether the
curb, which was poorly marked, maintained, and designed, constituted a
hazard to patrons utilizing said front entrance area, including the Plaintiff
herein, thus creating an unreasonably dangerous condition to the Plaintiff;
d) Negligently failing to warn or adequately warn the Plaintiff of the
danger of the front entrance curb, when Defendant knew or through the
exercise of reasonable care should have known that said front entrance
step was unreasonably dangerous and that Plaintiff was unaware of same;
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTe) Negligently failing to correct and/or inspect and/or maintain and/
repair and/or adequately correct and/or replace the unreasonably
dangerous condition of the curb at the front entrance to the store, when
said condition was either known to Defendant or had existed for a
sufficient length of time such that Defendant should have known of same
had Defendant exercised reasonable care;
f) Negligently failing to have adequate staff on duty and/or assigned to
the task of inspecting and/or maintaining the curb at the front entrance to
the store for dangerous conditions;
g) Negligently failing to train and/or inadequately training its
employees to inspect, maintain, and/or repair the curb at the front entrance
to the store for dangerous conditions;
h) Negligently failing to follow its own corporate policy(ies) regarding
the dangerous condition;
i) Negligently failing to act reasonably under the circumstances;
j) Negligently engaging in a mode of operations when Defendant
knew, or should have known, that said mode of operations would result in
dangerous conditions to the general public, including the Plaintiff.
k) Negligently engaging in routine or regular practice of business that
was not the reasonable custom of the community
1) Negligently failing to install, maintain and provide a safe walking
surface within the subject premises
m) Was negligent in other respects not yet known at this time.
23. As a direct and proximate cause of the negligence of the
Defendant, JOHN DOE, as heretofore alleged, while Plaintiff was visiting
Defendant's business he tripped and fell on the curb at the front entrandce of the
subject premises, sustaining significant personal injuries.
24. Asa direct an proximate result of the negligence of the Defendant, JOHN
DOE, as herefore alleged, the Plaintiff, WILLIAM SUGGS, was injured in and about
his body and extremities; incurred medical expenses for the treatment of said injuries;
incurred pain and suffering of a physical nature; incurred a permanent injury to the
body as a whole; incurred loss of ability to lead and enjoy a normal life; incurred loss
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTof wages and loss of wage earning capacity; all of which are either permanent or
continue in a nature and the Plaintiff, WILLIAM SUGGS, will sustain said loss in the
future.
WHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, JOHN
DOE., for damages and demands judgment in excess of Thirty Thousand Dollars
($30,000.00), plus interest and costs, and demands trial by jury of all issues so triable.
{s/ Westley F. Lockwood
WESTLEY F, LOCKWOOD, Esquire
Florida Bar No. 596213
201 N Franklin Street, Suite 700
Tampa, FL 33602
(813) 559-4919 Telephone
(813)559-4867 Facsimile
wlockwood@forthepeople.com
jstadalman@forthepeople.com
Attorney for Plaintiff
"2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDT
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Filing # 133732239 E-Filed 08/31/2021 10:21:30 AM IN THE CIRCUIT COURT OF THE TWELTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CASE NO: WILLIAM SUGGS, Plaintiff, vs. 7-ELEVEN, INC. and JOHN DOE, Defendant. / COMPLAINT Plaintiff, WILLIAM SUGGS, by and through the undersigned counsel, hereby sues Defendants, 7-ELEVEN, INC., and alleges as follows: 1. This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees. The actual value of Plaintiffs claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. Plaintiff, WILLIAM SUGGS, is a natural person residing in Manatee County, Florida. 3. At all times material to this action, Defendant, 7-ELEVEN, INC., is a foreign profit corporation licensed to do business in the State of Florida 4. At all times material hereto, Defendant, 7-ELEVEN, INC., was the owner and in possession of that certain business located at 12060 US 301, Parish, Manatee County, Florida, open to the general public, including the Plaintiff herein. 5. At all times material hereto, Defendant JOHN DOE, (name undetermined at this time) was the manager of the 7-Eleven business located at 12060 US 301 Parish, Manatee County, Florida "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDT6. At all times material hereto, Defendant, JOHN DOE, is believed to have resided in or around Manatee County, and in the State of Florida. Discovery is ongoing to his/her current residence. 7. On or about December 3, 2020, Plaintiff, WILLIAM SUGGS, visited Defendant’s premises located at the above address as a business invitee and/or guest. 8. At said time and place, Plaintiff, WILLIAM SUGGS, was a lawfully guest upon the premises of the Defendant, 7-ELEVEN, INC., who owed Plaintiff a nondelegable duty to exercise reasonable care for his safety. 9. On or about December 3, 2020, Plaintiff, WILLIAM SUGGS, tripped and fell over the poorly marked and designed curb at the front entrance of the store at 12060 US 301 Parish, Manatee County, Florida. COUNT I- CLAIM FOR PREMISES LIABILITY AGAINST DEFENDANT. TELEVEN, LLC 10. Plaintiff realleges and reasserts the allegations contained within paragraphs one (1) through nine (9) as if fully set forth herein. ll. At said time and place, Defendant owed Plaintiff duties to maintain the premises in a reasonably safe condition, and to warn Plaintiff of dangerous condition on their premises. 12. At said time and place, Defendant breached these duties to Plaintiff by committing one or more of the following omissions or commissions: a) Negligently failing to maintain or adequately maintain the curb at the front entrance of the store, thus creating a hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff b) Negligently creating a hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff; c) Negligently failing to inspect or adequately inspect the curb at the front entrance to the store, as specified above, to ascertain whether the curb, which was poorly maintained and designed, constituted a hazard to patrons "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTutilizing said front entrance area, including the Plaintiff herein, thus creating an unreasonably dangerous condition to the Plaintiff; d) Negligently failing to warn or adequately warn the Plaintiff of the danger of the curb at the front entrance, when Defendant knew or through the exercise of reasonable care should have known that said front entrance curb was unreasonably dangerous and that Plaintiff was unaware of same. e) Negligently failing to correct and/or inspect and/or maintain and/ repair and/or adequately correct and/or replace the unreasonably dangerous condition of the curb at the front entrance, when said condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care; f) Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting and/or maintaining the curb at the front entrance for dangerous conditions; g) Negligently failing to train and/or inadequately training its employees to inspect, maintain, and/or repair the curb at the front entrance for dangerous conditions; h) Negligently failing to follow its own corporate policy(ies) regarding the dangerous condition; i) Negligently failing to act reasonably under the circumstances; jd Negligently engaging in a mode of operations when Defendant knew, or should have known, that said mode of operations would result in dangerous conditions to the general public, including the Plaintiff herein. k) Negligently engaging in routine or regular practice of business that was not the reasonable custom of the community. 1) Negligently failing to install, maintain and provide a safe flooring surface within the subject premises. 13. As a result, while Plaintiff was visiting Defendant’s business, he tripped and fell on the curb at the front entrance of the subject premises, sustaining significant personal injuries.. 14. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTaggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, 7-ELEVEN, INC., for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus interest and costs, and demands trial by jury of all issues so triable. COUNT II — CLAIM OF NEGLIGENCE UNDER THE NON-DELEGABLE DUTY DOCTRINE AGAINST DEFENDANT, 7-ELEVEN,INC. 15. Plaintiff reasserts and realleges the allegations contained within paragraphs one (1) through nine (9) as if fully set forth herein. 16. At said time and place, Defendant owned, controlled, and/or possessed the business premises. 17. _ At said time and place, and by virtue of their ownership, control, and/or possession of the premises, Defendant owed Plaintiff a common law non-delegable duty to maintain the premises in a reasonably safe condition. 18. At said time and place, Defendant breached these duties to Plaintiff by committing one or more of the following omissions or commissions: a) Negligently failing to maintain or adequately maintain the front entrance step, thus creating a hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff; b) Negligently creating a trip hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff c) Negligently failing to inspect or adequately inspect the curb at the front entrance to the store, as specified above, to ascertain whether the curb, which was poorly marked, maintained and designed, constituted a hazard to patrons utilizing said front entrance to the store, including the Plaintiff herein, thus creating an unreasonably dangerous condition to the Plaintiff; d) Negligently failing to warn or adequately warn the Plaintiff of the danger of the curb at the front entrance to the store, when Defendant knew or through the exercise of reasonable care should have known that said curb was unreasonably dangerous and that Plaintiff was unaware of same. "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTe) Negligently failing to correct and/or inspect and/or maintain and/ repair and/or adequately correct and/or replace the unreasonably dangerous condition of the curb at the front entrance to the store, when said condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care; f) Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting and/or maintaining the curb at the front entrance of the store dangerous conditions; g) Negligently failing to train and/or inadequately training its employees to inspect, maintain, and/or repair the curb at the front entrance of the store for dangerous conditions; h) Negligently failing to follow its own corporate policy(ies) regarding the dangerous condition; i) Negligently failing to act reasonably under the circumstances; ij) Negligently engaging in a mode of operations when Defendant knew, or should have known, that said mode of operations would result in dangerous conditions to the general public. Including the Plaintiff. k) Negligently engaging in routine or regular practice of business that was not the reasonable custom of the community 1) Negligently failing to install, maintain and provide a safe walking surface within the subject premises. 19. As aresult, while Plaintiff was visiting Defendant’s business, he tripped and fell on the curb at the front entrance to the store on the subject premises, sustaining significant personal injuries. 20. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTWHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, 7-ELEVEN, INC.., for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus interest and costs, and demands trial by jury of all issues so triable. COUNT I NEGLIGENCE ~ JOHN DOE 19. Plaintiff reasserts and realleges the allegations contained within paragraphs one (1) through nine (9) as if fully set forth herein. 20. On the date and at the place aforesaid, the Defendant, JOHN DOE, was the manager of the 7-ELEVEN business premises located at 12060 US 301 Parish, Manatee County, Florida and was responsible for overseeing the operations of the business premises. 21. On the date and at the place aforesaid, the Defendant, JOHN DOE, owed the Plaintiff, WILLIAM SUGGS, a business visitor upon the premises, the duty to exercise reasonable care for the safety of the Plaintiff, WILLIAM SUGGS. 22. On the date and at the place aforesaid, the Defendant, JOHN DOE, breached his/her duty owed to the Plaintiff, WILLIAM SUGGS, by committing one or more of the following omissions or commissions: a) Negligently failing to maintain or adequately maintain the curb at the front entrance to the store, thus creating a hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff. b) Negligently creating a trip hazard to members of the public utilizing said premises, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff; c) Negligently failing to inspect or adequately inspect the curb at the front entrance to the store, as specified above, to ascertain whether the curb, which was poorly marked, maintained, and designed, constituted a hazard to patrons utilizing said front entrance area, including the Plaintiff herein, thus creating an unreasonably dangerous condition to the Plaintiff; d) Negligently failing to warn or adequately warn the Plaintiff of the danger of the front entrance curb, when Defendant knew or through the exercise of reasonable care should have known that said front entrance step was unreasonably dangerous and that Plaintiff was unaware of same; "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTe) Negligently failing to correct and/or inspect and/or maintain and/ repair and/or adequately correct and/or replace the unreasonably dangerous condition of the curb at the front entrance to the store, when said condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care; f) Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting and/or maintaining the curb at the front entrance to the store for dangerous conditions; g) Negligently failing to train and/or inadequately training its employees to inspect, maintain, and/or repair the curb at the front entrance to the store for dangerous conditions; h) Negligently failing to follow its own corporate policy(ies) regarding the dangerous condition; i) Negligently failing to act reasonably under the circumstances; j) Negligently engaging in a mode of operations when Defendant knew, or should have known, that said mode of operations would result in dangerous conditions to the general public, including the Plaintiff. k) Negligently engaging in routine or regular practice of business that was not the reasonable custom of the community 1) Negligently failing to install, maintain and provide a safe walking surface within the subject premises m) Was negligent in other respects not yet known at this time. 23. As a direct and proximate cause of the negligence of the Defendant, JOHN DOE, as heretofore alleged, while Plaintiff was visiting Defendant's business he tripped and fell on the curb at the front entrandce of the subject premises, sustaining significant personal injuries. 24. Asa direct an proximate result of the negligence of the Defendant, JOHN DOE, as herefore alleged, the Plaintiff, WILLIAM SUGGS, was injured in and about his body and extremities; incurred medical expenses for the treatment of said injuries; incurred pain and suffering of a physical nature; incurred a permanent injury to the body as a whole; incurred loss of ability to lead and enjoy a normal life; incurred loss "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDTof wages and loss of wage earning capacity; all of which are either permanent or continue in a nature and the Plaintiff, WILLIAM SUGGS, will sustain said loss in the future. WHEREFORE, the Plaintiff, WILLIAM SUGGS, sues the Defendant, JOHN DOE., for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus interest and costs, and demands trial by jury of all issues so triable. {s/ Westley F. Lockwood WESTLEY F, LOCKWOOD, Esquire Florida Bar No. 596213 201 N Franklin Street, Suite 700 Tampa, FL 33602 (813) 559-4919 Telephone (813)559-4867 Facsimile wlockwood@forthepeople.com jstadalman@forthepeople.com Attorney for Plaintiff "2021CA003548AX" 133732239 Filed at Manatee County Clerk 08/31/2021 10:21:27 AM EDT