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Filing # 123570063 E-Filed 03/23/2021 10:00:40 AM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
CHRISTINA BRADY, CASE NO: 2021-CA-
Plaintiff,
vs. JURY TRIAL DEMANDED
ROBERT THOMAS SMITH,
Defendant.
_/
COMPLAINT
COMES NOW, Plaintiff, CHRISTINA BRADY, and sues Defendant, ROBERT
THOMAS SMITH, and hereby alleges:
1. This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00),
exclusive of interest, costs and attorneys’ fees.
2. At all times material to this action, Plaintiff, CHRISTINA BRADY, was a natural
person residing in Brevard County, Florida.
3. At all times material to this action, Defendant, ROBERT THOMAS SMITH, was
a natural person residing in Brevard County, Florida.
4, At all times material to this action, Defendant, ROBERT THOMAS SMITH, was
the owners of the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County.
5. At all times material to this action, Defendant, ROBERT THOMAS SMITH,
owned a dog, that also resided at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County.
6. On or about October 6, 2020, Defendant, ROBERT THOMAS SMITH, allowed
his dog to roam loose from his home at the premises above mentioned without proper supervision,
Filing 123570063 VS 05-2021-CA-021497-XXXX-XXwhen the dog viciously attacked and severely injured the Plaintiff, CHRISTINA BRADY, while
she was lawfully on the premises.
COUNT I~ NEGLIGENCE CLAIM AGAINST ROBERT THOMAS SMITH
7. Plaintiff adopts and reincorporates paragraphs 1-6 as referenced herein and further
states:
8. At all times material hereto, Defendant, ROBERT THOMAS SMITH, knew or
should have known that the dog lived on his property was dangerous with a propensity to attach
and had a duty to ensure his premises was maintained in a reasonably safe manner.
9. Defendant, ROBERT THOMAS SMITH, owed a duty to use reasonable care to
prevent injury or harm to persons by taking reasonable steps to ensure that his dog, as brought onto
the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, was not able
to attack others.
10. Defendant, ROBERT THOMAS SMITH, owned, controlled and/or cared for his
dog, on the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, and
created a foreseeable zone of risk that placed upon him a duty to either lessen the risk or see that
sufficient precautions were taken to protect others from the risk posed.
11. Defendant, ROBERT THOMAS SMITH, failed to take appropriate precautions to
protect others from the risk created by the dog which Defendant, ROBERT THOMAS SMITH,
owned, controlled, and cared for on the premises located at 341 Vesta Circle, Melbourne, FL 32901
in Brevard County, and failed to adequately warn of same.
12. Defendant, ROBERT THOMAS SMITH, breached said duty in the following
ways, any one of which is a departure from the accepted standard of care owed by Defendant to
Plaintiff:
Filing 123570063 VS 05-2021-CA-021497-XXXX-XXa. Failed to restrain, control, and supervise said dog;
b. Failed to warn Plaintiff of said dangerous and hazardous propensity of dog;
c. Failed to take proper precautions such as properly leash said dog to insure that said
dog was not a danger to others whether inside and/or outside the home; and
d. Failed to determine whether said dog was dangerous before allowing said dog to
reside at his property.
13. | Defendant, ROBERT THOMAS SMITH, breached duties owed by allowing his
dog, controlled and cared for on his premises located at 341 Vesta Circle, Melbourne, FL 32901
in Brevard County, to viciously attack and severely injure Plaintiff, CHRISTINA BRADY.
14. As a direct and proximate result of Defendant’s, ROBERT THOMAS SMITH,
negligence, Plaintiff, CHRISTINA BRADY, suffered bodily injury including a permanent injury
to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical
impairment, scarring, disfigurement, mental anguish, inconvenience, loss of capacity for the
enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and
nursing care and treatment, loss of ability to earn money and loss of ability to lead and enjoy a
normal life. The losses are permanent and continuing within a reasonable degree of medical
probability. Plaintiff, CHRISTINA BRADY, will continue to suffer the losses in the future.
WHEREFORE, Plaintiff, CHRISTINA BRADY, demands judgment for damages against
Defendant, ROBERT THOMAS SMITH, and other such relief deemed proper by the Court.
Plaintiff, CHRISTINA BRADY, also demands a jury trial on all issues so triable.
COUNT III — STRICT LIABILITY CLAIM PURSUANT TO FLORIDA STATUTE
767.04 AGAINST ROBERT THOMAS SMITH
Filing 123570063 VS 05-2021-CA-021497-XXXX-XX15. Plaintiff adopts and reincorporates paragraphs 1-6, and 8-14 as referenced herein
and further states:
16. On or about October 6, 2020, Defendant, ROBERT THOMAS SMITH, failed to
properly restrain their dog allowing it to roam loose from his home without proper supervision
when the dog viciously attacked and severely injured Plaintiff, CHRISTINA BRADY.
17. At all times material hereto, there was in effect, Florida Statutes §767.04, which
states, “The owner of any dog that bites any person while such person is on or in a public place,
or lawfully on or in a private place, including the property of the owner of the dog, is liable for
damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’
knowledge of such viciousness.”
18. | Defendant, ROBERT THOMAS SMITH, is strictly liable for the actions of his dog.
19. Defendant, ROBERT THOMAS SMITH, breached said duty in the following
ways, any of which is a departure from the accepted standard or care owed by Defendant, ROBERT
THOMAS SMITH, to Plaintiff, CHRISTINA BRADY:
a. Failed to retrain, control, and supervise dog,
b. Failed to warn Plaintiff of said dangerous and hazardous propensity of dog.
20. As a direct and proximate result of the dog bite, Plaintiff, CHRISTINA BRADY,
suffered bodily injury including a permanent injury including a permanent injury to the body as a
whole, pain and suffering of both a physical and mental nature, disability, physical impairment,
scarring, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
expense of hospitalization, medical and nursing care and treatment, loss of ability to earn money
and loss of ability to lead and enjoy a normal life. The losses are permanent and continuing within
a reasonable degree of medical probability. Plaintiff will continue to suffer the losses in the future.
Filing 123570063 VS 05-2021-CA-021497-XXXX-XXWHEREFORE, Plaintiff, CHRISTINA BRADY, demands judgment for damages against
Defendant, ROBERT THOMAS SMITH, and other such relief deemed proper by the Court.
Plaintiffs also demand a jury trial on all issues so triable.
RESPECTFULLY submitted this 23rd day of March 2021.
/s/ Philip D. Wayne
[ ] MOSES R. DEWITT, ESQ.
Florida Bar No. 84958
Moses@dewittlaw.com
[X] PHILIP D. WAYNE, ESQ.
Florida Bar No. 1002665
Philip. Wayne@dewittlaw.com
DEWITT LAW FIRM, P.A.
135 W. Central Blvd., Suite 320
Orlando, Florida 32801
Phone: 407-245-7723
Fax: 407-650-1928
Pleadings: Service@dewittlaw.com
Filing 123570063 VS 05-2021-CA-021497-XXXX-XX
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Filing # 123570063 E-Filed 03/23/2021 10:00:40 AM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CHRISTINA BRADY, CASE NO: 2021-CA- Plaintiff, vs. JURY TRIAL DEMANDED ROBERT THOMAS SMITH, Defendant. _/ COMPLAINT COMES NOW, Plaintiff, CHRISTINA BRADY, and sues Defendant, ROBERT THOMAS SMITH, and hereby alleges: 1. This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs and attorneys’ fees. 2. At all times material to this action, Plaintiff, CHRISTINA BRADY, was a natural person residing in Brevard County, Florida. 3. At all times material to this action, Defendant, ROBERT THOMAS SMITH, was a natural person residing in Brevard County, Florida. 4, At all times material to this action, Defendant, ROBERT THOMAS SMITH, was the owners of the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County. 5. At all times material to this action, Defendant, ROBERT THOMAS SMITH, owned a dog, that also resided at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County. 6. On or about October 6, 2020, Defendant, ROBERT THOMAS SMITH, allowed his dog to roam loose from his home at the premises above mentioned without proper supervision, Filing 123570063 VS 05-2021-CA-021497-XXXX-XXwhen the dog viciously attacked and severely injured the Plaintiff, CHRISTINA BRADY, while she was lawfully on the premises. COUNT I~ NEGLIGENCE CLAIM AGAINST ROBERT THOMAS SMITH 7. Plaintiff adopts and reincorporates paragraphs 1-6 as referenced herein and further states: 8. At all times material hereto, Defendant, ROBERT THOMAS SMITH, knew or should have known that the dog lived on his property was dangerous with a propensity to attach and had a duty to ensure his premises was maintained in a reasonably safe manner. 9. Defendant, ROBERT THOMAS SMITH, owed a duty to use reasonable care to prevent injury or harm to persons by taking reasonable steps to ensure that his dog, as brought onto the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, was not able to attack others. 10. Defendant, ROBERT THOMAS SMITH, owned, controlled and/or cared for his dog, on the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, and created a foreseeable zone of risk that placed upon him a duty to either lessen the risk or see that sufficient precautions were taken to protect others from the risk posed. 11. Defendant, ROBERT THOMAS SMITH, failed to take appropriate precautions to protect others from the risk created by the dog which Defendant, ROBERT THOMAS SMITH, owned, controlled, and cared for on the premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, and failed to adequately warn of same. 12. Defendant, ROBERT THOMAS SMITH, breached said duty in the following ways, any one of which is a departure from the accepted standard of care owed by Defendant to Plaintiff: Filing 123570063 VS 05-2021-CA-021497-XXXX-XXa. Failed to restrain, control, and supervise said dog; b. Failed to warn Plaintiff of said dangerous and hazardous propensity of dog; c. Failed to take proper precautions such as properly leash said dog to insure that said dog was not a danger to others whether inside and/or outside the home; and d. Failed to determine whether said dog was dangerous before allowing said dog to reside at his property. 13. | Defendant, ROBERT THOMAS SMITH, breached duties owed by allowing his dog, controlled and cared for on his premises located at 341 Vesta Circle, Melbourne, FL 32901 in Brevard County, to viciously attack and severely injure Plaintiff, CHRISTINA BRADY. 14. As a direct and proximate result of Defendant’s, ROBERT THOMAS SMITH, negligence, Plaintiff, CHRISTINA BRADY, suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, scarring, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are permanent and continuing within a reasonable degree of medical probability. Plaintiff, CHRISTINA BRADY, will continue to suffer the losses in the future. WHEREFORE, Plaintiff, CHRISTINA BRADY, demands judgment for damages against Defendant, ROBERT THOMAS SMITH, and other such relief deemed proper by the Court. Plaintiff, CHRISTINA BRADY, also demands a jury trial on all issues so triable. COUNT III — STRICT LIABILITY CLAIM PURSUANT TO FLORIDA STATUTE 767.04 AGAINST ROBERT THOMAS SMITH Filing 123570063 VS 05-2021-CA-021497-XXXX-XX15. Plaintiff adopts and reincorporates paragraphs 1-6, and 8-14 as referenced herein and further states: 16. On or about October 6, 2020, Defendant, ROBERT THOMAS SMITH, failed to properly restrain their dog allowing it to roam loose from his home without proper supervision when the dog viciously attacked and severely injured Plaintiff, CHRISTINA BRADY. 17. At all times material hereto, there was in effect, Florida Statutes §767.04, which states, “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.” 18. | Defendant, ROBERT THOMAS SMITH, is strictly liable for the actions of his dog. 19. Defendant, ROBERT THOMAS SMITH, breached said duty in the following ways, any of which is a departure from the accepted standard or care owed by Defendant, ROBERT THOMAS SMITH, to Plaintiff, CHRISTINA BRADY: a. Failed to retrain, control, and supervise dog, b. Failed to warn Plaintiff of said dangerous and hazardous propensity of dog. 20. As a direct and proximate result of the dog bite, Plaintiff, CHRISTINA BRADY, suffered bodily injury including a permanent injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, scarring, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are permanent and continuing within a reasonable degree of medical probability. Plaintiff will continue to suffer the losses in the future. Filing 123570063 VS 05-2021-CA-021497-XXXX-XXWHEREFORE, Plaintiff, CHRISTINA BRADY, demands judgment for damages against Defendant, ROBERT THOMAS SMITH, and other such relief deemed proper by the Court. Plaintiffs also demand a jury trial on all issues so triable. RESPECTFULLY submitted this 23rd day of March 2021. /s/ Philip D. Wayne [ ] MOSES R. DEWITT, ESQ. Florida Bar No. 84958 Moses@dewittlaw.com [X] PHILIP D. WAYNE, ESQ. Florida Bar No. 1002665 Philip. Wayne@dewittlaw.com DEWITT LAW FIRM, P.A. 135 W. Central Blvd., Suite 320 Orlando, Florida 32801 Phone: 407-245-7723 Fax: 407-650-1928 Pleadings: Service@dewittlaw.com Filing 123570063 VS 05-2021-CA-021497-XXXX-XX