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16-2020-CA-006040-XXXX-MA Div: CV-F
Filing # 115422611 E-Filed 10/22/2020 10:08:28 AM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA.
CASE NO.:
JOSUE LARA,
Plaintiff,
Vv.
PETER R. TOWNSEND AND
JENNIFER TOWNSEND,
Defendants.
PLAINTIFE’S ORIGINAL COMPLAINT
COMES NOW, the Plaintiff, JOSUE LARA, by and through his undersigned attorney,
Jonathan I. Rotstein, Esquire, and hereby sues Defendants, PETER R. TOWNSEND and
JENNIFER TOWNSEND, and in support thereof states and alleges as follows:
FACTS
1 This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00).
2. Plaintiff, JOSUE LARA, resides in Jacksonville, Duval County, Florida, and is
over the age of twenty-one (21).
3 Defendant, PETER R. TOWNSEND, resides in Jacksonville, Duval County,
Florida, and is over the age of twenty-one (21),
4. Defendant, JENNIFER TOWNSEND, resides in Jacksonville, Duval County,
Florida, and is over the age of twenty-one (21).
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 10/23/2020 02:04:52 PM
5 The incident which is the subject matter of this litigation occurred in Jacksonville,
Duval County, Florida.
6 This Honorable Court has jurisdiction over this lawsuit in that the incident, which
is the basis of this lawsuit, took place in Duval County, Florida, and that this action for money
damages for the Plaintiff, JOSUE LARA, exceeds Thirty Thousand Dollars ($30,000.00), against
Defendants, PETER R. TOWNSEND and JENNIFER TOWNSEND.
COUNT ONE
NEGLIGENCE AGAINST
DEFENDANT PETER TOWNSEND
7 The Plaintiff is entitled to relief against the Defendant, PETER R. TOWNSEND,
based upon the following facts: :
@ Plaintiff realleges by reference each and every allegation contained in
paragraphs 1 through 6 above as though stated herein.
8 On or about May 7, 2020, Plaintiff, JOSUE LARA, was lawfully on the premises
located at 12185 Emerald Green Court in Jacksonville, Duval County, Florida as he was working as
a painter at this location.
9 That at the aforesaid time and place, as the Plaintiff was cleaning up from his
painting job, the Defendant’s aggressive dog left its fenced in area and attacked Plaintiff, biting his
right arm. The dog became distracted by Plaintiff's co-worker and then came back and attacked
Plaintiff a second time before the Defendant came out to secure the dog. Plaintiff sustained serious
and permanent physical injury in the attack.
10. At the aforesaid time and place, the subject aggressive dog was owned, maintained,
and controlled by Defendant PETER R. TOWNSEND at his residence located at 12193 Emerald
Green Court in Jacksonville, Duval County, Florida,
11. The defendant had a duty to maintain his premises, i.c. his fenced in yard, in a safe
and secure condition so that his dog would not cause harm to members of the public, including
Plaintiff.
12. That at the aforesaid time and place, Defendant breached that duty of care to
Plaintiff by:
a) failing to maintain his fence in a reasonably safe condition;
b) failing to warn Plaintiff of a concealed peril;
°) Failing to take action to repair the fence, allowing his dog to escape a fully
fenced in yard;
qd) failing to take action to remedy a dangerous condition that existed for such a
length of time that, in the exercise of reasonable care, Defendant should have
known of the condition;
e) failing to take action to remedy a dangerous condition that occurred with
regularity, and therefore, was foreseeable.
13, That as a direct and proximate result of the aforedescribed careless, wrongful and
negligent acts of the Defendant, PETER R. TOWNSEND, Plaintiff JOSUE LARA has been
permanently and injured and bruised in and about right arm, left shoulder, joints and limbs,
suffering physical pain and suffering in the past and indefinitely into the future, suffering mental
pain in the past and indefinitely into the future, losing the capacity for the enjoyment of life in the
past and indefinitely into the future, loss of earnings and loss of ability to earn money, incurring
future; all in
medical and hospital bills for his care and treatment in the past and into the indefinite
an amount exceeding Thirty Thousand Dollars ($30,000.00), against the Defendant.
WHEREFORE, Plaintiff JOSUE LARA demands judgment for damages and costs in an
exceeding Thirty Thousand Dollars ($30,000.00), against Defendant, PETER R.
amount
TOWNSEND plus costs of the court and trial by jury.
COUNT TWO
NEGLIGENCE AGAINST
DEFENDANT JENNIFER TOWNSEND
14. The Plaintiff is entitled to relief against the Defendant, JENNIFER TOWNSEND,
based upon the following facts:
@ Plaintiff realleges by reference each and every allegation contained in
paragraphs 1 through 6 above as though stated herein.
15. On or about May 7, 2020, Plaintiff, JOSUE LARA, was lawfully on the premises
located at 12185 Emerald Green Court in Jacksonville, Duval County, Florida as he was working as
a painter at this location.
his
16. That at the aforesaid time and place, as the Plaintiff was cleaning up from
his
painting job, the Defendant’s aggressive dog left its fenced in area and attacked Plaintiff, biting
tight arm. The dog became distracted by Plaintiff's co-worker and then came back and attacked
the dog.
Plaintiff a second time before the Defendant, PETER R. TOWNSEND, came out to secure
Plaintiff sustained serious and permanent physical injury in the attack.
17. At the aforesaid time and place, the subject aggressive dog was owned, maintained,
and controlled by Defendant JENNIFER TOWNSEND at her residence located at 12193 Emerald
Green Court in Jacksonville, Duval County, Florida.
18, The defendant had a duty to maintain her premises, i.c. her fenced in yard, in a safe
and secure condition so that her dog would not cause harm to members of the public, including
Plaintiff.
19, That at the aforesaid time and place, Defendant breached that duty of care to
Plaintiff by:
a) failing to maintain her fence in a reasonably safe condition;
b) failing to warn Plaintiff of a concealed peril;
°) Failing to take action to repair the fence, allowing her dog to escape a fully
fenced in yard;
d) failing to take action to remedy a dangerous condition that existed for such a
length of time that, in the exercise of reasonable care, Defendant should have
known of the condition;
°) failing to take action to remedy a dangerous condition that occurred with
regularity, and therefore, was foreseeable.
20. That as a direct and proximate result of the aforedescribed careless, wrongful and
negligent acts of the Defendant, JENNIFER TOWNSEND, Plaintiff JOSUE LARA has been
permanently and injured and bruised in and about right arm, left shoulder, joints and limbs,
suffering physical pain and suffering in the past and indefinitely into the future, suffering mental
pain in the past and indefinitely into the future, losing the capacity for the enjoyment of life in the
past and indefinitely into the future, loss of earnings and loss of ability to earn money, incurring
medical and hospital bills for her care and treatment in the past and into the indefinite future; all in
an amount exceeding Thirty Thousand Dollars ($30,000.00), against the Defendant.
WHEREFORE, Plaintiff JOSUE LARA demands judgment for damages and costs in an
amount exceeding Thirty Thousand Dollars ($30,000.00), against Defendant, JENNIFER
TOWNSEND plus costs of the court and trial by jury.
I HEREBY CERTIFY that a copy of the above and foregoing has been furnished, by regular
U.S. mail delivery and/or electronic mail, this ZL" tay of oitibcr , 2020 to
Gulfstream Property and Casualty Insurance, 5240 Paylor Lane, Sarasota, FL 34240,
»
Jonathan I. Rotstein, Esquire
Law Office of Rotstein & Shiffman, LLP
309 Oakridge Blvd., Suite B
Daytona Beach, FL 32118
Florida Bar No. 909580
(386) 252-5560 / (386) 238-6999 fax (Imb)
Primary: L.bonner@rotstein-shiffman.com
Secondary: M.otto@rotstein-shiffman.com
T.dallarosa@rotstein-shiffman.com
Attorney for Plaintiff
Preview
16-2020-CA-006040-XXXX-MA Div: CV-F Filing # 115422611 E-Filed 10/22/2020 10:08:28 AM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO.: JOSUE LARA, Plaintiff, Vv. PETER R. TOWNSEND AND JENNIFER TOWNSEND, Defendants. PLAINTIFE’S ORIGINAL COMPLAINT COMES NOW, the Plaintiff, JOSUE LARA, by and through his undersigned attorney, Jonathan I. Rotstein, Esquire, and hereby sues Defendants, PETER R. TOWNSEND and JENNIFER TOWNSEND, and in support thereof states and alleges as follows: FACTS 1 This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00). 2. Plaintiff, JOSUE LARA, resides in Jacksonville, Duval County, Florida, and is over the age of twenty-one (21). 3 Defendant, PETER R. TOWNSEND, resides in Jacksonville, Duval County, Florida, and is over the age of twenty-one (21), 4. Defendant, JENNIFER TOWNSEND, resides in Jacksonville, Duval County, Florida, and is over the age of twenty-one (21). ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 10/23/2020 02:04:52 PM 5 The incident which is the subject matter of this litigation occurred in Jacksonville, Duval County, Florida. 6 This Honorable Court has jurisdiction over this lawsuit in that the incident, which is the basis of this lawsuit, took place in Duval County, Florida, and that this action for money damages for the Plaintiff, JOSUE LARA, exceeds Thirty Thousand Dollars ($30,000.00), against Defendants, PETER R. TOWNSEND and JENNIFER TOWNSEND. COUNT ONE NEGLIGENCE AGAINST DEFENDANT PETER TOWNSEND 7 The Plaintiff is entitled to relief against the Defendant, PETER R. TOWNSEND, based upon the following facts: : @ Plaintiff realleges by reference each and every allegation contained in paragraphs 1 through 6 above as though stated herein. 8 On or about May 7, 2020, Plaintiff, JOSUE LARA, was lawfully on the premises located at 12185 Emerald Green Court in Jacksonville, Duval County, Florida as he was working as a painter at this location. 9 That at the aforesaid time and place, as the Plaintiff was cleaning up from his painting job, the Defendant’s aggressive dog left its fenced in area and attacked Plaintiff, biting his right arm. The dog became distracted by Plaintiff's co-worker and then came back and attacked Plaintiff a second time before the Defendant came out to secure the dog. Plaintiff sustained serious and permanent physical injury in the attack. 10. At the aforesaid time and place, the subject aggressive dog was owned, maintained, and controlled by Defendant PETER R. TOWNSEND at his residence located at 12193 Emerald Green Court in Jacksonville, Duval County, Florida, 11. The defendant had a duty to maintain his premises, i.c. his fenced in yard, in a safe and secure condition so that his dog would not cause harm to members of the public, including Plaintiff. 12. That at the aforesaid time and place, Defendant breached that duty of care to Plaintiff by: a) failing to maintain his fence in a reasonably safe condition; b) failing to warn Plaintiff of a concealed peril; °) Failing to take action to repair the fence, allowing his dog to escape a fully fenced in yard; qd) failing to take action to remedy a dangerous condition that existed for such a length of time that, in the exercise of reasonable care, Defendant should have known of the condition; e) failing to take action to remedy a dangerous condition that occurred with regularity, and therefore, was foreseeable. 13, That as a direct and proximate result of the aforedescribed careless, wrongful and negligent acts of the Defendant, PETER R. TOWNSEND, Plaintiff JOSUE LARA has been permanently and injured and bruised in and about right arm, left shoulder, joints and limbs, suffering physical pain and suffering in the past and indefinitely into the future, suffering mental pain in the past and indefinitely into the future, losing the capacity for the enjoyment of life in the past and indefinitely into the future, loss of earnings and loss of ability to earn money, incurring future; all in medical and hospital bills for his care and treatment in the past and into the indefinite an amount exceeding Thirty Thousand Dollars ($30,000.00), against the Defendant. WHEREFORE, Plaintiff JOSUE LARA demands judgment for damages and costs in an exceeding Thirty Thousand Dollars ($30,000.00), against Defendant, PETER R. amount TOWNSEND plus costs of the court and trial by jury. COUNT TWO NEGLIGENCE AGAINST DEFENDANT JENNIFER TOWNSEND 14. The Plaintiff is entitled to relief against the Defendant, JENNIFER TOWNSEND, based upon the following facts: @ Plaintiff realleges by reference each and every allegation contained in paragraphs 1 through 6 above as though stated herein. 15. On or about May 7, 2020, Plaintiff, JOSUE LARA, was lawfully on the premises located at 12185 Emerald Green Court in Jacksonville, Duval County, Florida as he was working as a painter at this location. his 16. That at the aforesaid time and place, as the Plaintiff was cleaning up from his painting job, the Defendant’s aggressive dog left its fenced in area and attacked Plaintiff, biting tight arm. The dog became distracted by Plaintiff's co-worker and then came back and attacked the dog. Plaintiff a second time before the Defendant, PETER R. TOWNSEND, came out to secure Plaintiff sustained serious and permanent physical injury in the attack. 17. At the aforesaid time and place, the subject aggressive dog was owned, maintained, and controlled by Defendant JENNIFER TOWNSEND at her residence located at 12193 Emerald Green Court in Jacksonville, Duval County, Florida. 18, The defendant had a duty to maintain her premises, i.c. her fenced in yard, in a safe and secure condition so that her dog would not cause harm to members of the public, including Plaintiff. 19, That at the aforesaid time and place, Defendant breached that duty of care to Plaintiff by: a) failing to maintain her fence in a reasonably safe condition; b) failing to warn Plaintiff of a concealed peril; °) Failing to take action to repair the fence, allowing her dog to escape a fully fenced in yard; d) failing to take action to remedy a dangerous condition that existed for such a length of time that, in the exercise of reasonable care, Defendant should have known of the condition; °) failing to take action to remedy a dangerous condition that occurred with regularity, and therefore, was foreseeable. 20. That as a direct and proximate result of the aforedescribed careless, wrongful and negligent acts of the Defendant, JENNIFER TOWNSEND, Plaintiff JOSUE LARA has been permanently and injured and bruised in and about right arm, left shoulder, joints and limbs, suffering physical pain and suffering in the past and indefinitely into the future, suffering mental pain in the past and indefinitely into the future, losing the capacity for the enjoyment of life in the past and indefinitely into the future, loss of earnings and loss of ability to earn money, incurring medical and hospital bills for her care and treatment in the past and into the indefinite future; all in an amount exceeding Thirty Thousand Dollars ($30,000.00), against the Defendant. WHEREFORE, Plaintiff JOSUE LARA demands judgment for damages and costs in an amount exceeding Thirty Thousand Dollars ($30,000.00), against Defendant, JENNIFER TOWNSEND plus costs of the court and trial by jury. I HEREBY CERTIFY that a copy of the above and foregoing has been furnished, by regular U.S. mail delivery and/or electronic mail, this ZL" tay of oitibcr , 2020 to Gulfstream Property and Casualty Insurance, 5240 Paylor Lane, Sarasota, FL 34240, » Jonathan I. Rotstein, Esquire Law Office of Rotstein & Shiffman, LLP 309 Oakridge Blvd., Suite B Daytona Beach, FL 32118 Florida Bar No. 909580 (386) 252-5560 / (386) 238-6999 fax (Imb) Primary: L.bonner@rotstein-shiffman.com Secondary: M.otto@rotstein-shiffman.com T.dallarosa@rotstein-shiffman.com Attorney for Plaintiff