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9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
MARIE ANDREE CHARLES as the CASE NO.: 2018-CA-3818-0
Personal Representative of the Estate of
WEDNER DOUZE,
Plaintiff,
vs.
LAKE BUCHANAN, LLC d/b/a
LAKEVIEW POINTE APARTMENT HOMES,
and VISION POOLS, LLC
Defendants.
_____________________________________ /
AMENDED COMPLAINT
Plaintiff, MARIE ANDREE CHARLES as the Personal Representative of the Estate of
WEDNER DOUZE, sues Defendants, LAKE BUCHANAN, LLC d/b/a LAKEVIEW POINTE
APARTMENT HOMES and VISION POOLS, LLC, and alleges:
JURISDICTIONAL ALLEGATIONS
1. This is a cause of action for damages in an amount exceeding Fifteen Thousand
and 0/100 Dollars ($15,000.00), exclusive of interest and costs.
2. At all times relevant, WEDNER DOUZE was an individual residing in Orange
County, Florida.
3. At all times relevant, LAKE BUCHANAN, LLC d/b/a LAKEVIEW POINTE
APARTMENT HOMES (“LAKEVIEW POINTE”) was, and now is, a Florida Limited Liability
Company, licensed, authorized and conducting business in Orange County, Florida.
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
EXHIBIT A
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
4. At all times relevant, VISION POOLS, LLC (“VISION POOLS”) was a Florida
Limited Liability Company, licensed, authorized and conducting business in Orange County,
Florida.
5. Jurisdiction is appropriate in Orange County, Florida because this is the County in
which the causes of action accrued and is where LAKEVIEW POINTE and VISION POOLS
have an office for the transaction of its customary businesses.
FACTUAL ALLEGATIONS
6. On August 11, 2017, LAKEVIEW POINTE was the owner and in possession of
real property located at 4444 S. Rio Grande Avenue, Orlando, Florida (“Apartment Complex”),
upon which LAKEVIEW POINTE operated, maintained and rented residential apartments.
7. Within the Apartment Complex was an inground swimming pool, which is
considered a “public swimming pool” pursuant to Fla. Stat. § 514.011, that LAKEVIEW
POINTE and VISION POOLS were responsible for maintaining.
8. The Florida Legislature authorized the Florida Department of Health to adopt
rules “to protect the health, safety or welfare of persons using public swimming pools and
bathing places.” Section 514.021(1), Fla. Stat. (2005). The Department of Health acted on this
authorization, determining that “regulation of public swimming pools and bathing places is
considered by the department as significant in the prevention of disease, sanitary nuisances, and
accidents by which the health or safety' of an individual(s) may be threatened or impaired.” Fla.
Admin. Code R. 64E-9.001(1).
9. Among the regulations it imposed was the duty to supervise and maintain the pool
with safety equipment. See, Fla. Admin. Code 64E-9.008.
2
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
10. On August 11, 2017, WEDNER DOUZE was an invited guest at the Apartment
Complex and decided to use the public swimming pool within the Apartment Complex.
11. WEDNER DOUZE went into the deep end of the public swimming pool when he
suddenly began having problems staying above the water. Gebie St. Fleur, who was also present
at the public swimming pool, observed WEDNER DOUZE struggling to stay above water.
12. There was no supervision at the public swimming pool being provided by
LAKEVIEW POINTE.
13. Mr. St. Fleur began looking for safety equipment to rescue WEDNER DOUZE
and observed a shepherd’s hook. However, the shepherd’s hook that was present was broken in
half and was unable to reach WEDNER DOUZE. No lifesaving ring was present at the public
swimming pool.
14. Due to the lack of safety equipment at LAKEVIEW POINTE’S public swimming
pool, Mr. St. Fleur unfortunately was not able to pull WEDNER DOUZE from the pool and
WEDNER DOUZE became submerged underwater.
15. WEDNER DOUZE was eventually pulled out of the public swimming pool, but
he was unresponsive.
16. WEDNER DOUZE was rushed to the hospital where attempts to save his life
were made. He was placed on life support, but tragically died seven (7) days later on August 18,
2017.
17. WEDNER DOUZE was survived by his mother, MARIE ANDREE CHARLES.
COUNT I – NEGLIGENCE – LAKEVIEW POINTE
18. Plaintiff restates and asserts the allegations outlined above.
3
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
19. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for
invitees and other persons lawfully at the Apartment Complex and was responsible for the
supervision and safety at its public swimming pool.
20. At all times material, LAKEVIEW POINTE knew, or in the exercise of
reasonable care should have known, of the risk that someone could drown at their public
swimming pool if LAKEVIEW POINTE failed to provide supervision and/or adequate safety
equipment.
21. At all times material, LAKEVIEW POINTE knew, or in the exercise of
reasonable care should have known, that failure to provide supervision or adequate safety
equipment at its public swimming pool posed a grave threat to the physical safety and well-being
of persons in the foreseeable zone of risk at the Apartment Complex.
22. LAKEVIEW POINTE breached these duties by, but not limited to:
a. Failing to provide adequate safety devices at its public swimming pool;
b. Failing to provide adequate and reasonable supervision at its public
swimming pool;
c. Failing to employ and/or develop adequate or reasonable safety guidelines
or protocols for its public swimming pool;
d. Failing to develop and employ reporting procedures for the lack of
appropriate safety devices at its public swimming pool;
e. Failing to warn people within the foreseeable zone of risk of the lack of
supervision and appropriate safety devices at its public swimming pool; and
f. Failing to maintain the Apartment Complex to prevent a drowning at its
public swimming pool.
4
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
23. As a direct and proximate result of LAKEVIEW POINTE’S negligence,
WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all
authorized damages under Fla. Stat. § 768.21.
COUNT II – NEGLIGENCE PER SE – LAKEVIEW POINTE
24. Plaintiff restates and asserts the allegations outlined above.
25. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for
invitees and other persons lawfully at the Apartment Complex and was responsible for the
supervision and safety at its public swimming pool.
26. LAKEVIEW POINTE breached its duty of care and committed negligence per se
by, but not limited to, violating Fla. Admin. Code 64E-9.008.
27. As a direct and proximate result of LAKEVIEW POINTE’S negligence,
WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all
authorized damages under Fla. Stat. § 768.21.
COUNT III – GROSS NEGLIGENCE – LAKEVIEW POINTE
28. Plaintiff restates and asserts the allegations outlined above.
29. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for
invitees and other persons lawfully at the Apartment Complex and was responsible for the
supervision and safety at its public swimming pool.
30. A reasonable prudent person would know that failing to provide supervision and
adequate safety devices at its public swimming pool is likely to result in someone drowning.
31. LAKEVIEW POINTE failure to supervise and provide adequate safety devises at
its public swimming pool constitutes an imminent or clear and present danger amounting to more
than a normal and usual peril.
5
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
32. LAKEVIEW POINTE had chargeable knowledge and awareness that its failure to
supervise and provide adequate safety devises at its public swimming pool could cause serious
injury or death.
33. LAKEVIEW POINTE had a conscious disregard for WEDNER DOUZE’S safety
by failing to supervise and provide adequate safety devises at its public swimming pool.
34. As a direct and proximate result of LAKEVIEW POINTE’S gross negligence,
WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all
authorized damages under Fla. Stat. § 768.21.
COUNT IV – NEGLIGENCE – VISION POOLS
35. Plaintiff restates and asserts the allegations outlined above.
36. VISION POOLS had a duty and was responsible for maintaining the pool and the
pool safety equipment at the Apartment Complex.
37. At all times material, VISION POOLS knew, or in the exercise of reasonable care
should have known, of the risk that someone could drown at the Apartment Complex swimming
pool if it failed to maintain the pool and pool safety equipment.
38. At all times material, VISION POOLS knew, or in the exercise of reasonable care
should have known, that failure to maintain the pool and pool safety equipment at the Apartment
Complex posed a grave threat to the physical safety and well-being of persons in the foreseeable
zone of risk at the Apartment Complex.
39. VISION POOLS breached these duties by, but not limited to:
a. Failing to provide adequate safety devices at the Apartment Complex
swimming pool;
6
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
b. Failing to employ and/or develop adequate or reasonable safety guidelines
or protocols for maintaining the Apartment Complex swimming pool and pool safety
equipment;
c. Failing to develop and employ reporting procedures for the lack of
appropriate safety devices at the Apartment Complex swimming pool;
d. Failing to warn people within the foreseeable zone of risk of the lack of
appropriate safety devices at the Apartment Complex swimming pool; and
e. Failing to maintain the Apartment Complex to prevent a drowning.
40. As a direct and proximate result of VISION POOLS’ negligence, WEDNER
DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized
damages under Fla. Stat. § 768.21.
COUNT V – GROSS NEGLIGENCE – VISION POOLS
41. Plaintiff restates and asserts the allegations outlined above.
42. VISION POOLS had a duty and was responsible for maintaining the pool and the
pool safety equipment at the Apartment Complex.
43. A reasonable prudent person would know that failing to provide and maintain
adequate safety devices at the Apartment Complex swimming pool is likely to result in someone
drowning.
44. VISION POOLS failure to provide and maintain adequate safety devises at the
Apartment Complex swimming pool constitutes an imminent or clear and present danger
amounting to more than a normal and usual peril.
7
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
45. VISION POOLS had chargeable knowledge and awareness that its failure to
provide and maintain adequate safety devises at the Apartment Complex swimming pool could
cause serious injury or death.
46. VISION POOLS had a conscious disregard for WEDNER DOUZE’S safety by
failing to provide and maintain adequate safety devises at the Apartment Complex swimming
pool.
47. As a direct and proximate result of VISION POOLS’ gross negligence, WEDNER
DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized
damages under Fla. Stat. § 768.21.
COUNT VI – NEGLIGENCE PER SE – VISION POOLS
48. Plaintiff restates and asserts the allegations outlined above.
49. VISION POOLS had a duty and was responsible for maintaining the pool and the
pool safety equipment at the Apartment Complex.
50. VISION POOLS breached its duty of care and committed negligence per se by,
but not limited to, violating Fla. Admin. Code 64E-9.008.
51. As a direct and proximate result of VISION POOLS’ negligence, WEDNER
DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized
damages under Fla. Stat. § 768.21.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury of all issues so triable.
8
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CASE NO.: 2018-CA-3818-0
________________________
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ____ day of September, 2018, a true and
correct copy of the foregoing has been filed via the Florida e-Filing Portal and furnished by
electronic mail to: ddesai@gaebemullen.com, gbarker@gaebemullen.com and
fflynn@gaebemullen.com the designated email addresses for Devang Desai, Esq., of Gaebe,
Mullen, Antonelli & DiMatteo 420 South Dixie Highway, 3rd Floor Coral Gables, FL 33146.
Counsel for Defendant.
/s/Derek Metts
DEREK L. METTS
FBN: 081708
METTS LEGAL, P.A.
320 Maitland Avenue
Altamonte Springs, Florida 32701
Tel. 321.422.0430
Fax. 321.422.0499
derek.metts@mettslegal.com
laura.dowdell@mettslegal.com
Co-Counsel for Plaintiff
9
METTS LEGAL, P.A.
320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499
Preview
9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MARIE ANDREE CHARLES as the CASE NO.: 2018-CA-3818-0 Personal Representative of the Estate of WEDNER DOUZE, Plaintiff, vs. LAKE BUCHANAN, LLC d/b/a LAKEVIEW POINTE APARTMENT HOMES, and VISION POOLS, LLC Defendants. _____________________________________ / AMENDED COMPLAINT Plaintiff, MARIE ANDREE CHARLES as the Personal Representative of the Estate of WEDNER DOUZE, sues Defendants, LAKE BUCHANAN, LLC d/b/a LAKEVIEW POINTE APARTMENT HOMES and VISION POOLS, LLC, and alleges: JURISDICTIONAL ALLEGATIONS 1. This is a cause of action for damages in an amount exceeding Fifteen Thousand and 0/100 Dollars ($15,000.00), exclusive of interest and costs. 2. At all times relevant, WEDNER DOUZE was an individual residing in Orange County, Florida. 3. At all times relevant, LAKE BUCHANAN, LLC d/b/a LAKEVIEW POINTE APARTMENT HOMES (“LAKEVIEW POINTE”) was, and now is, a Florida Limited Liability Company, licensed, authorized and conducting business in Orange County, Florida. METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 EXHIBIT A 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 4. At all times relevant, VISION POOLS, LLC (“VISION POOLS”) was a Florida Limited Liability Company, licensed, authorized and conducting business in Orange County, Florida. 5. Jurisdiction is appropriate in Orange County, Florida because this is the County in which the causes of action accrued and is where LAKEVIEW POINTE and VISION POOLS have an office for the transaction of its customary businesses. FACTUAL ALLEGATIONS 6. On August 11, 2017, LAKEVIEW POINTE was the owner and in possession of real property located at 4444 S. Rio Grande Avenue, Orlando, Florida (“Apartment Complex”), upon which LAKEVIEW POINTE operated, maintained and rented residential apartments. 7. Within the Apartment Complex was an inground swimming pool, which is considered a “public swimming pool” pursuant to Fla. Stat. § 514.011, that LAKEVIEW POINTE and VISION POOLS were responsible for maintaining. 8. The Florida Legislature authorized the Florida Department of Health to adopt rules “to protect the health, safety or welfare of persons using public swimming pools and bathing places.” Section 514.021(1), Fla. Stat. (2005). The Department of Health acted on this authorization, determining that “regulation of public swimming pools and bathing places is considered by the department as significant in the prevention of disease, sanitary nuisances, and accidents by which the health or safety' of an individual(s) may be threatened or impaired.” Fla. Admin. Code R. 64E-9.001(1). 9. Among the regulations it imposed was the duty to supervise and maintain the pool with safety equipment. See, Fla. Admin. Code 64E-9.008. 2 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 10. On August 11, 2017, WEDNER DOUZE was an invited guest at the Apartment Complex and decided to use the public swimming pool within the Apartment Complex. 11. WEDNER DOUZE went into the deep end of the public swimming pool when he suddenly began having problems staying above the water. Gebie St. Fleur, who was also present at the public swimming pool, observed WEDNER DOUZE struggling to stay above water. 12. There was no supervision at the public swimming pool being provided by LAKEVIEW POINTE. 13. Mr. St. Fleur began looking for safety equipment to rescue WEDNER DOUZE and observed a shepherd’s hook. However, the shepherd’s hook that was present was broken in half and was unable to reach WEDNER DOUZE. No lifesaving ring was present at the public swimming pool. 14. Due to the lack of safety equipment at LAKEVIEW POINTE’S public swimming pool, Mr. St. Fleur unfortunately was not able to pull WEDNER DOUZE from the pool and WEDNER DOUZE became submerged underwater. 15. WEDNER DOUZE was eventually pulled out of the public swimming pool, but he was unresponsive. 16. WEDNER DOUZE was rushed to the hospital where attempts to save his life were made. He was placed on life support, but tragically died seven (7) days later on August 18, 2017. 17. WEDNER DOUZE was survived by his mother, MARIE ANDREE CHARLES. COUNT I – NEGLIGENCE – LAKEVIEW POINTE 18. Plaintiff restates and asserts the allegations outlined above. 3 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 19. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for invitees and other persons lawfully at the Apartment Complex and was responsible for the supervision and safety at its public swimming pool. 20. At all times material, LAKEVIEW POINTE knew, or in the exercise of reasonable care should have known, of the risk that someone could drown at their public swimming pool if LAKEVIEW POINTE failed to provide supervision and/or adequate safety equipment. 21. At all times material, LAKEVIEW POINTE knew, or in the exercise of reasonable care should have known, that failure to provide supervision or adequate safety equipment at its public swimming pool posed a grave threat to the physical safety and well-being of persons in the foreseeable zone of risk at the Apartment Complex. 22. LAKEVIEW POINTE breached these duties by, but not limited to: a. Failing to provide adequate safety devices at its public swimming pool; b. Failing to provide adequate and reasonable supervision at its public swimming pool; c. Failing to employ and/or develop adequate or reasonable safety guidelines or protocols for its public swimming pool; d. Failing to develop and employ reporting procedures for the lack of appropriate safety devices at its public swimming pool; e. Failing to warn people within the foreseeable zone of risk of the lack of supervision and appropriate safety devices at its public swimming pool; and f. Failing to maintain the Apartment Complex to prevent a drowning at its public swimming pool. 4 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 23. As a direct and proximate result of LAKEVIEW POINTE’S negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. COUNT II – NEGLIGENCE PER SE – LAKEVIEW POINTE 24. Plaintiff restates and asserts the allegations outlined above. 25. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for invitees and other persons lawfully at the Apartment Complex and was responsible for the supervision and safety at its public swimming pool. 26. LAKEVIEW POINTE breached its duty of care and committed negligence per se by, but not limited to, violating Fla. Admin. Code 64E-9.008. 27. As a direct and proximate result of LAKEVIEW POINTE’S negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. COUNT III – GROSS NEGLIGENCE – LAKEVIEW POINTE 28. Plaintiff restates and asserts the allegations outlined above. 29. LAKEVIEW POINTE had a duty to provide a reasonably safe premise for invitees and other persons lawfully at the Apartment Complex and was responsible for the supervision and safety at its public swimming pool. 30. A reasonable prudent person would know that failing to provide supervision and adequate safety devices at its public swimming pool is likely to result in someone drowning. 31. LAKEVIEW POINTE failure to supervise and provide adequate safety devises at its public swimming pool constitutes an imminent or clear and present danger amounting to more than a normal and usual peril. 5 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 32. LAKEVIEW POINTE had chargeable knowledge and awareness that its failure to supervise and provide adequate safety devises at its public swimming pool could cause serious injury or death. 33. LAKEVIEW POINTE had a conscious disregard for WEDNER DOUZE’S safety by failing to supervise and provide adequate safety devises at its public swimming pool. 34. As a direct and proximate result of LAKEVIEW POINTE’S gross negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. COUNT IV – NEGLIGENCE – VISION POOLS 35. Plaintiff restates and asserts the allegations outlined above. 36. VISION POOLS had a duty and was responsible for maintaining the pool and the pool safety equipment at the Apartment Complex. 37. At all times material, VISION POOLS knew, or in the exercise of reasonable care should have known, of the risk that someone could drown at the Apartment Complex swimming pool if it failed to maintain the pool and pool safety equipment. 38. At all times material, VISION POOLS knew, or in the exercise of reasonable care should have known, that failure to maintain the pool and pool safety equipment at the Apartment Complex posed a grave threat to the physical safety and well-being of persons in the foreseeable zone of risk at the Apartment Complex. 39. VISION POOLS breached these duties by, but not limited to: a. Failing to provide adequate safety devices at the Apartment Complex swimming pool; 6 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ b. Failing to employ and/or develop adequate or reasonable safety guidelines or protocols for maintaining the Apartment Complex swimming pool and pool safety equipment; c. Failing to develop and employ reporting procedures for the lack of appropriate safety devices at the Apartment Complex swimming pool; d. Failing to warn people within the foreseeable zone of risk of the lack of appropriate safety devices at the Apartment Complex swimming pool; and e. Failing to maintain the Apartment Complex to prevent a drowning. 40. As a direct and proximate result of VISION POOLS’ negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. COUNT V – GROSS NEGLIGENCE – VISION POOLS 41. Plaintiff restates and asserts the allegations outlined above. 42. VISION POOLS had a duty and was responsible for maintaining the pool and the pool safety equipment at the Apartment Complex. 43. A reasonable prudent person would know that failing to provide and maintain adequate safety devices at the Apartment Complex swimming pool is likely to result in someone drowning. 44. VISION POOLS failure to provide and maintain adequate safety devises at the Apartment Complex swimming pool constitutes an imminent or clear and present danger amounting to more than a normal and usual peril. 7 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ 45. VISION POOLS had chargeable knowledge and awareness that its failure to provide and maintain adequate safety devises at the Apartment Complex swimming pool could cause serious injury or death. 46. VISION POOLS had a conscious disregard for WEDNER DOUZE’S safety by failing to provide and maintain adequate safety devises at the Apartment Complex swimming pool. 47. As a direct and proximate result of VISION POOLS’ gross negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. COUNT VI – NEGLIGENCE PER SE – VISION POOLS 48. Plaintiff restates and asserts the allegations outlined above. 49. VISION POOLS had a duty and was responsible for maintaining the pool and the pool safety equipment at the Apartment Complex. 50. VISION POOLS breached its duty of care and committed negligence per se by, but not limited to, violating Fla. Admin. Code 64E-9.008. 51. As a direct and proximate result of VISION POOLS’ negligence, WEDNER DOUZE drowned and the Estate of WEDNER DOUZE demands recovery of all authorized damages under Fla. Stat. § 768.21. DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury of all issues so triable. 8 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499 9/27/2018 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CASE NO.: 2018-CA-3818-0 ________________________ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this ____ day of September, 2018, a true and correct copy of the foregoing has been filed via the Florida e-Filing Portal and furnished by electronic mail to: ddesai@gaebemullen.com, gbarker@gaebemullen.com and fflynn@gaebemullen.com the designated email addresses for Devang Desai, Esq., of Gaebe, Mullen, Antonelli & DiMatteo 420 South Dixie Highway, 3rd Floor Coral Gables, FL 33146. Counsel for Defendant. /s/Derek Metts DEREK L. METTS FBN: 081708 METTS LEGAL, P.A. 320 Maitland Avenue Altamonte Springs, Florida 32701 Tel. 321.422.0430 Fax. 321.422.0499 derek.metts@mettslegal.com laura.dowdell@mettslegal.com Co-Counsel for Plaintiff 9 METTS LEGAL, P.A. 320 Maitland Avenue, Altamonte Springs, Florida 32701 | Office: 321.422.0430 | Fax: 321.422.0499