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Filing # 132403527 E-Filed 08/10/2021 04:15:34 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO:
JORGE LEON,
Plaintiff,
v.
PUBLIX SUPER MARKETS, INC., a Florida
Profit Corporation,
Defendants.
/
COMPLAINT
Plaintiff, JORGE LEON, by and through his/her undersigned attorneys, sues the
Defendant, PUBLIX SUPER MARKETS, INC., a Florida Profit Corporation (herein after “Publix”), and
states as follows:
1) This is an action for damages that exceeds Thirty Thousand Dollars ($30,000.00),
exclusive of interest, costs, and attorney’s fees.
2) At all times material to this action, Plaintiff, was a natural person residing in
Kissimmee, Osceola County, Florida.
3) At all times material to this action, Defendant, Publix, was a Florida Limited
Liability Corporation licensed to do business and with a location in Osceola County, Florida.
4) Atall times material to this action, Defendant, Publix, was in possession and control
of a retail establishment located at 2625 Simpson Road, Kissimmee, Florida 34744 (hereinafter
“premises”).FACTS REGARDING THE INCIDENT
5) On or about March 28, 2021, while Plaintiff, JORGE LEON, visited the
Defendant’s Premises located at the aforementioned address as a business invitee/customer, his
hand was badly injured.
6) At the time Plaintiff, JORGE LEON, was on Defendant’s premises, a dangerous
condition existed on said premises. This dangerous condition consisted of Corona bottles that
were not kept in a safe condition. The glass on the Corona bottles cut the Plaintiff’s hand when
he was in the process of purchasing them.
7) At all times material hereto, Defendant, Publix, individually and/or by and through
its agents, servants, employees and/or sub-contractors, negligently maintained the Corona bottles
that were offered for sale.
8) From time to time, product for sale in the Publix store is damaged.
9) When the Corona (alcoholic beverages) are damaged (either a glass bottle itself or
the package containing the glass bottles), the undamaged glass bottles are removed from the
packaging and sold on an individual bottle basis.
10) | When the glass bottles are removed from the original packaging the bottles are
supposed to be thoroughly cleaned to ensure there is no remaining glass on the individual bottles
that could injury someone.
11) Due to Plaintiff's status as a business invitee, Publix owed the Plaintiff a duty to
exercise reasonable care for his safety.
12) As a direct and proximate result of Defendant, PUBLIX’s, negligence, Plaintiff,
JORGE LEON, suffered injuries to his hand when glass on the Corona bottle cut
Plaintiff while he was purchases the bottles.13) The specific manner in which Plaintiff, JORGE LEON, was injured was foreseeable to
Defendant, PUBLIX, and Defendant knew or should have known of specific risks of
harm to Plaintiff as a result of Defendant’s negligence.
14) On the day in question, Plaintiff, JORGE LEON, had immediate blood gushing
from his hand. The cashier immediately noticed the injury and called the supervisor over.
15) The Publix supervisor immediately apologized for the injury and offered to pay for
Plaintiff's medical treatment.
16) The Publix supervisor then picked up the glass Corona Bottles and destroyed them.
COUNT 1- NEGLIGENCE AGAINST PUBLIX
17) _ Plaintiff hereby re-alleges and incorporates herein by referenced paragraphs one (1)
through sixteen (16).
18) At said time and place, Plaintiff was lawfully on Defendant’s premises located at
the above address as a business invitee. As such, Publix owed Plaintiff a non-delegable duty to
exercise reasonable care for his safety to maintain their premises in a clean and safe condition for
all their business invitees, like the Plaintiff, JORGE LEON.
19) At said time and place, Publix breached its duty owed to Plaintiff by committing
one or more of the following omissions or commission:
a. Negligently failing to maintain or adequately maintain the products for sale in
a reasonably dangerous condition to members of the public, including Plaintiff.
b. Negligently failing to inspect or adequately inspect the products for sale, as
specified above, thus creating a unreasonably dangerous condition to members
of the public, including Plaintiff;c. Negligently failing to warn or adequately warn Plaintiff of the danger of the
broken glass slivers which were on the glass Corona bottles, when the
Defendant knew or through exercise of reasonable care should have known that
said glass bottles were unreasonably dangerous and that Plaintiff was unaware
of the same; and
d. Negligently failing to correct or adequately correct the unreasonably dangerous
condition of the glass slivers on the outside of the glass Corona bottles, when
this condition was cither 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.
e. Negligently failing to have adequate staff on duty and/or assigned to the task of
inspecting/maintain the products for sale to ensure they were in a safe condition.
f. Negligently failing to train and/or inadequately training its employees to inspect
the glass bottles for dangerous conditions.
g. Negligently failing to follow its own corporate policy(ies) and procedures
regarding the dangerous condition;
h. Negligently failing to act reasonably under the circumstances;
i. 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;
j. Negligently engaging in a routine practice of business that was unreasonable to
what is customary for the business community in and/or around where the
subject incident occurred.20) As a direct and proximate result of the negligence of Defendant, Publix, Plaintiff,
suffered bodily injury in and about is body and extremities, resulting in pain and
suffering, disability, disfigurement, permanent and significant scaring, mental anguish,
loss of the capacity for the enjoyment of life, expense of hospitalization, medical and
nursing care and treatment, loss of earnings, loss of the ability to earn money, and
aggravation of previous existing conditions. These losses are either permanent or
continuing, and Plaintiff will suffer the losses in the future.
COUNT 2- DESTRUCTION OF EVIDENCE
21) Plaintiff hereby re-alleges and incorporates herein by referenced paragraphs one (1)
through sixteen (16).
22) By virtue of Plaintiffs injuries and by virtue of the Publix business enterprise,
Publix was on notice that a civil action would proceed from Plaintiff's injury.
23) Publix (and its employees and managers) had a legal duty to preserve the glass
Corona bottles.
24) — Publix did not retain the glass Corona bottles at issue in this case. Rather, the
Corona bottles were destroyed by Publix employees.
25) The destruction of the glass Corona bottles at issues poses a significant impairment
to Plaintiff in its ability to prove the underlying case.
26) Plaintiff has suffered damages due to the destruction of the glass Corona bottles.
The damages include, but are not limited to a significant impairment to proving Plaintiff's
allegations in the Underlying case; attorneys fees resulting from extensive discovery work seeking
to unearth the nature of the packaging of said glass bottles and costs incurred in the discovery
process together with the damages resulting to Plaintiff as alleged in the Underlying case.27) In light of aforementioned damages, Plaintiffs seek sanctions and any other relief
this Court may deem just and proper.
WHEREFORE, Plaintiff, JORGE LEON, sues Defendant, PUBLIX SUPER MARKETS,
INC..,, for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus
interest and costs, and demands trial by jury by all issues so triable
DEMAND FOR JURY TRIAL
Plaintiff, JORGE LEON, demands a jury trial on all issues so triable of each and every one
of the Counts set forth above.
RESPECTFULLY submitted this 10° day of August 2021.
/s/ Donna Zmijewski
Donna Zmijewski, Esquire
Florida Bar No.: 0573310
Dan Newlin & Partners
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
Direct: (407)203-6580
Fax: (407)203-6580
Attorneys for Plaintiff
Donna.Zmijewski@newlinlaw.com
Marlene.Martinez@newlinlaw.com
Preview
Filing # 132403527 E-Filed 08/10/2021 04:15:34 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: JORGE LEON, Plaintiff, v. PUBLIX SUPER MARKETS, INC., a Florida Profit Corporation, Defendants. / COMPLAINT Plaintiff, JORGE LEON, by and through his/her undersigned attorneys, sues the Defendant, PUBLIX SUPER MARKETS, INC., a Florida Profit Corporation (herein after “Publix”), and states as follows: 1) This is an action for damages that exceeds Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorney’s fees. 2) At all times material to this action, Plaintiff, was a natural person residing in Kissimmee, Osceola County, Florida. 3) At all times material to this action, Defendant, Publix, was a Florida Limited Liability Corporation licensed to do business and with a location in Osceola County, Florida. 4) Atall times material to this action, Defendant, Publix, was in possession and control of a retail establishment located at 2625 Simpson Road, Kissimmee, Florida 34744 (hereinafter “premises”).FACTS REGARDING THE INCIDENT 5) On or about March 28, 2021, while Plaintiff, JORGE LEON, visited the Defendant’s Premises located at the aforementioned address as a business invitee/customer, his hand was badly injured. 6) At the time Plaintiff, JORGE LEON, was on Defendant’s premises, a dangerous condition existed on said premises. This dangerous condition consisted of Corona bottles that were not kept in a safe condition. The glass on the Corona bottles cut the Plaintiff’s hand when he was in the process of purchasing them. 7) At all times material hereto, Defendant, Publix, individually and/or by and through its agents, servants, employees and/or sub-contractors, negligently maintained the Corona bottles that were offered for sale. 8) From time to time, product for sale in the Publix store is damaged. 9) When the Corona (alcoholic beverages) are damaged (either a glass bottle itself or the package containing the glass bottles), the undamaged glass bottles are removed from the packaging and sold on an individual bottle basis. 10) | When the glass bottles are removed from the original packaging the bottles are supposed to be thoroughly cleaned to ensure there is no remaining glass on the individual bottles that could injury someone. 11) Due to Plaintiff's status as a business invitee, Publix owed the Plaintiff a duty to exercise reasonable care for his safety. 12) As a direct and proximate result of Defendant, PUBLIX’s, negligence, Plaintiff, JORGE LEON, suffered injuries to his hand when glass on the Corona bottle cut Plaintiff while he was purchases the bottles.13) The specific manner in which Plaintiff, JORGE LEON, was injured was foreseeable to Defendant, PUBLIX, and Defendant knew or should have known of specific risks of harm to Plaintiff as a result of Defendant’s negligence. 14) On the day in question, Plaintiff, JORGE LEON, had immediate blood gushing from his hand. The cashier immediately noticed the injury and called the supervisor over. 15) The Publix supervisor immediately apologized for the injury and offered to pay for Plaintiff's medical treatment. 16) The Publix supervisor then picked up the glass Corona Bottles and destroyed them. COUNT 1- NEGLIGENCE AGAINST PUBLIX 17) _ Plaintiff hereby re-alleges and incorporates herein by referenced paragraphs one (1) through sixteen (16). 18) At said time and place, Plaintiff was lawfully on Defendant’s premises located at the above address as a business invitee. As such, Publix owed Plaintiff a non-delegable duty to exercise reasonable care for his safety to maintain their premises in a clean and safe condition for all their business invitees, like the Plaintiff, JORGE LEON. 19) At said time and place, Publix breached its duty owed to Plaintiff by committing one or more of the following omissions or commission: a. Negligently failing to maintain or adequately maintain the products for sale in a reasonably dangerous condition to members of the public, including Plaintiff. b. Negligently failing to inspect or adequately inspect the products for sale, as specified above, thus creating a unreasonably dangerous condition to members of the public, including Plaintiff;c. Negligently failing to warn or adequately warn Plaintiff of the danger of the broken glass slivers which were on the glass Corona bottles, when the Defendant knew or through exercise of reasonable care should have known that said glass bottles were unreasonably dangerous and that Plaintiff was unaware of the same; and d. Negligently failing to correct or adequately correct the unreasonably dangerous condition of the glass slivers on the outside of the glass Corona bottles, when this condition was cither 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. e. Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting/maintain the products for sale to ensure they were in a safe condition. f. Negligently failing to train and/or inadequately training its employees to inspect the glass bottles for dangerous conditions. g. Negligently failing to follow its own corporate policy(ies) and procedures regarding the dangerous condition; h. Negligently failing to act reasonably under the circumstances; i. 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; j. Negligently engaging in a routine practice of business that was unreasonable to what is customary for the business community in and/or around where the subject incident occurred.20) As a direct and proximate result of the negligence of Defendant, Publix, Plaintiff, suffered bodily injury in and about is body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scaring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of the ability to earn money, and aggravation of previous existing conditions. These losses are either permanent or continuing, and Plaintiff will suffer the losses in the future. COUNT 2- DESTRUCTION OF EVIDENCE 21) Plaintiff hereby re-alleges and incorporates herein by referenced paragraphs one (1) through sixteen (16). 22) By virtue of Plaintiffs injuries and by virtue of the Publix business enterprise, Publix was on notice that a civil action would proceed from Plaintiff's injury. 23) Publix (and its employees and managers) had a legal duty to preserve the glass Corona bottles. 24) — Publix did not retain the glass Corona bottles at issue in this case. Rather, the Corona bottles were destroyed by Publix employees. 25) The destruction of the glass Corona bottles at issues poses a significant impairment to Plaintiff in its ability to prove the underlying case. 26) Plaintiff has suffered damages due to the destruction of the glass Corona bottles. The damages include, but are not limited to a significant impairment to proving Plaintiff's allegations in the Underlying case; attorneys fees resulting from extensive discovery work seeking to unearth the nature of the packaging of said glass bottles and costs incurred in the discovery process together with the damages resulting to Plaintiff as alleged in the Underlying case.27) In light of aforementioned damages, Plaintiffs seek sanctions and any other relief this Court may deem just and proper. WHEREFORE, Plaintiff, JORGE LEON, sues Defendant, PUBLIX SUPER MARKETS, INC..,, for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus interest and costs, and demands trial by jury by all issues so triable DEMAND FOR JURY TRIAL Plaintiff, JORGE LEON, demands a jury trial on all issues so triable of each and every one of the Counts set forth above. RESPECTFULLY submitted this 10° day of August 2021. /s/ Donna Zmijewski Donna Zmijewski, Esquire Florida Bar No.: 0573310 Dan Newlin & Partners 7335 W. Sand Lake Road, Suite 300 Orlando, FL 32819 Direct: (407)203-6580 Fax: (407)203-6580 Attorneys for Plaintiff Donna.Zmijewski@newlinlaw.com Marlene.Martinez@newlinlaw.com