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Filing # 81698123 E-Filed 12/05/2018 05:37:19 PM
IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY FLORIDA
CASE NO:
DIVISION: — Circuit Civil
GALE ARLEDGE and
TERRANCE ARLEDGE,
her husband,
Plaintiffs,
v.
13™ STREET HOME SALES, LLC,
Defendant.
COMPLAINT
COMES NOW, Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, her husband,
by and through the undersigned attorney, hereby sue Defendant, 13™ STREET HOME SALES,
LLC, and alleges:
1. This is an action for damages that exceed $15,000.00, exclusive of Attorneys’
fees, interest, and costs.
2. At all times material hereto, the Plaintiffs were residents of Florahome, Putnam
County, Florida.
3. At all times material hereto, Defendant, 137? STREET HOME SALES, LLC,
owned, operated, and maintained a business located at 12426 NW US HWY 441, Alachua,
Alachua County, Florida 32615.
4. Defendant, 13! STREET HOME SALES, LLC, a Florida Limited Liability
Company, is now, and at all times mentioned in this Complaint, a Florida Limited Liability
Company organized and existing under the laws of the State of Florida, with its Principle Place of
Business in Alachua, Alachua County, Florida.
"2018 CA 004032" 81698123 Filed at Alachua County Clerk 12/06/2018 08:15:00 AM EST5. This Court has jurisdiction as the incident occurred in Alachua County, Florida,
and the Defendant’s Principle Place of Business is located in Alachua County, Florida.
COUNTI
Plaintiff, GALE ARLEDGE, realleges paragraphs 1 through 5 as if fully set forth herein
and further alleges:
6. On or about September 20, 2017, Plaintiff was an invitee at Defendant's place of
business for the purpose of shopping for a mobile home. Plaintiff was directed to Defendant’s
restroom, and while using the restroom, her foot suddenly and without warning broke through a
section of flooring in the restroom.
7. At that time and place Defendant negligently maintained the floor by allowing a
section of the floor to rot or otherwise deteriorate such that Plaintiff's foot broke through the floor,
and caused her to fall, resulting in bodily injuries to Plaintiff.
8. At all times material hereto, Defendant had the duty to maintain its premises in a
reasonably safe condition and/or to warn invitees such as the Plaintiff of dangerous conditions.
9. Defendant possessed knowledge of the unreasonably dangerous condition because
the section of the floor in question was located in a common area at Defendant’s office, which is
an area where they knew or should have known it was likely to cause injury.
10. On September 20, 2017, and prior thereto, Defendant 13™ STREET HOME
SALES, LLC, negligently breached the aforementioned duty of care that it owed to invitees, such
as Plaintiff by:
a. Creating an unreasonably dangerous condition present upon the stated premises
by failing to repair the floor on which Plaintiff fell;b. Failing to warn the Plaintiff of the dangerous condition prior to Plaintiff's fall,
so that the Plaintiff would be aware of the danger involved in traversing that
area;
c. Failing to remedy or remove the unreasonably dangerous section of floor where
Plaintiff fell;
d. Failing to exercise due care with respect to the matters alleged in this
Complaint.
11. Asadirect and proximate result of Defendant’s negligence, Plaintiff suffered
bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of
the capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and
nursing care and treatment, loss of earnings and loss of ability to earn money and/or aggravation
of a previously existing condition. The injuries sustained by the Plaintiff are either permanent or
continuing within a reasonable degree of medical and or chiropractic probability, and the Plaintiff
will suffer such losses in the future.
WHEREFORE, Plaintiff, GALE ARLEDGE, demands judgment for damages against
Defendant 137 STREET HOME SALES, LLC, together with costs, and such other relief as this
Court deems appropriate, and further demands a trial by jury on all issues herein.
COUNT IT
Plaintiff, TERRANCE ARLEDGE, reasserts and realleges each and every allegation
contained in paragraphs | through 11 above as if fully set forth herein and further alleges:
13. Atall times material hereto, Plaintiff, TERRANCE ARLEDGE, was the
husband of Plaintiff, GALE ARLEDGE, and they were residing together under this family
relationship.14. As the direct and proximate result of the aforesaid negligence, Plaintiff,
TERRANCE ARLEDGE, suffered in the past and will continue to suffer in the future the loss
of the comfort, society, consortium and services of his wife, GALE ARLEDGE.
WHEREFORE, Plaintiff, TERRANCE ARLEDGE, demands judgment for
damages against Defendant 13" STREET HOME SALES, LLC, together with costs, and such
other relief as this Court deems appropriate, and further demands a trial by jury on all issues
herein.
re
Dated this day of December, 2018.
CHRISTOPHER R. CHENEVEY (FL Bar No. #0090536)
RONALD E. SHOLES (FL Bar No, #0536741)
RONALD E. SHOLES, P.A.
486 N. Temple Ave.
Starke, FL 32091
Ph: 904-964-4055 Fax: 904-964-4755
Primary Email: Chris.Chenevey@youhurtwefight.com
Secondary Email: RonSholesPA-Team18-Eservice@Y ouHurtWeFight.com
Alternate Email: Emma.Indahl@Y ouHurtWeFight.com
Attorneys for Plaintiffs
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Filing # 81698123 E-Filed 12/05/2018 05:37:19 PM IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY FLORIDA CASE NO: DIVISION: — Circuit Civil GALE ARLEDGE and TERRANCE ARLEDGE, her husband, Plaintiffs, v. 13™ STREET HOME SALES, LLC, Defendant. COMPLAINT COMES NOW, Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, her husband, by and through the undersigned attorney, hereby sue Defendant, 13™ STREET HOME SALES, LLC, and alleges: 1. This is an action for damages that exceed $15,000.00, exclusive of Attorneys’ fees, interest, and costs. 2. At all times material hereto, the Plaintiffs were residents of Florahome, Putnam County, Florida. 3. At all times material hereto, Defendant, 137? STREET HOME SALES, LLC, owned, operated, and maintained a business located at 12426 NW US HWY 441, Alachua, Alachua County, Florida 32615. 4. Defendant, 13! STREET HOME SALES, LLC, a Florida Limited Liability Company, is now, and at all times mentioned in this Complaint, a Florida Limited Liability Company organized and existing under the laws of the State of Florida, with its Principle Place of Business in Alachua, Alachua County, Florida. "2018 CA 004032" 81698123 Filed at Alachua County Clerk 12/06/2018 08:15:00 AM EST5. This Court has jurisdiction as the incident occurred in Alachua County, Florida, and the Defendant’s Principle Place of Business is located in Alachua County, Florida. COUNTI Plaintiff, GALE ARLEDGE, realleges paragraphs 1 through 5 as if fully set forth herein and further alleges: 6. On or about September 20, 2017, Plaintiff was an invitee at Defendant's place of business for the purpose of shopping for a mobile home. Plaintiff was directed to Defendant’s restroom, and while using the restroom, her foot suddenly and without warning broke through a section of flooring in the restroom. 7. At that time and place Defendant negligently maintained the floor by allowing a section of the floor to rot or otherwise deteriorate such that Plaintiff's foot broke through the floor, and caused her to fall, resulting in bodily injuries to Plaintiff. 8. At all times material hereto, Defendant had the duty to maintain its premises in a reasonably safe condition and/or to warn invitees such as the Plaintiff of dangerous conditions. 9. Defendant possessed knowledge of the unreasonably dangerous condition because the section of the floor in question was located in a common area at Defendant’s office, which is an area where they knew or should have known it was likely to cause injury. 10. On September 20, 2017, and prior thereto, Defendant 13™ STREET HOME SALES, LLC, negligently breached the aforementioned duty of care that it owed to invitees, such as Plaintiff by: a. Creating an unreasonably dangerous condition present upon the stated premises by failing to repair the floor on which Plaintiff fell;b. Failing to warn the Plaintiff of the dangerous condition prior to Plaintiff's fall, so that the Plaintiff would be aware of the danger involved in traversing that area; c. Failing to remedy or remove the unreasonably dangerous section of floor where Plaintiff fell; d. Failing to exercise due care with respect to the matters alleged in this Complaint. 11. Asadirect and proximate result of Defendant’s negligence, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings and loss of ability to earn money and/or aggravation of a previously existing condition. The injuries sustained by the Plaintiff are either permanent or continuing within a reasonable degree of medical and or chiropractic probability, and the Plaintiff will suffer such losses in the future. WHEREFORE, Plaintiff, GALE ARLEDGE, demands judgment for damages against Defendant 137 STREET HOME SALES, LLC, together with costs, and such other relief as this Court deems appropriate, and further demands a trial by jury on all issues herein. COUNT IT Plaintiff, TERRANCE ARLEDGE, reasserts and realleges each and every allegation contained in paragraphs | through 11 above as if fully set forth herein and further alleges: 13. Atall times material hereto, Plaintiff, TERRANCE ARLEDGE, was the husband of Plaintiff, GALE ARLEDGE, and they were residing together under this family relationship.14. As the direct and proximate result of the aforesaid negligence, Plaintiff, TERRANCE ARLEDGE, suffered in the past and will continue to suffer in the future the loss of the comfort, society, consortium and services of his wife, GALE ARLEDGE. WHEREFORE, Plaintiff, TERRANCE ARLEDGE, demands judgment for damages against Defendant 13" STREET HOME SALES, LLC, together with costs, and such other relief as this Court deems appropriate, and further demands a trial by jury on all issues herein. re Dated this day of December, 2018. CHRISTOPHER R. CHENEVEY (FL Bar No. #0090536) RONALD E. SHOLES (FL Bar No, #0536741) RONALD E. SHOLES, P.A. 486 N. Temple Ave. Starke, FL 32091 Ph: 904-964-4055 Fax: 904-964-4755 Primary Email: Chris.Chenevey@youhurtwefight.com Secondary Email: RonSholesPA-Team18-Eservice@Y ouHurtWeFight.com Alternate Email: Emma.Indahl@Y ouHurtWeFight.com Attorneys for Plaintiffs