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10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
FRANCES BARONE & GABRIEL BARONE,
Plaintiffs,
VS. CASE NO. 2017 CA 003882-O
ASHFORD TRS WQ LLC, a foreign limited
liability company d/b/a WORLD QUEST
RESORT a/k/a WORLDQUEST ORLANDO
RESORT, ASHFORD WQ LICENSEE, LLC,
a foreign limited liability company and
ASHFORD TRS CORPORATION, a foreign
profit corporation,
Defendants.
/
FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiffs, FRANCES BARONE and GABRIEL BARONE, by and
through their undersigned attorneys, and Amends their complaint to sues the Defendants,
ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT
a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE, LLC, a foreign limited liability
company and ASHFORD TRS CORPORATION, a foreign profit corporation, all of which are
licensed to and conducting business in the State of Florida (hereinafter collectively “Defendants”
or "World Quest"), and states as follows:
GENERAL ALLEGATIONS
1 This is an action for damages in excess of fifteen thousand dollars ($15,000.00),
exclusive of costs and interest.
2 At all times material herein, Plaintiff, FRANCES BARONE, was a resident of
New Port Richey, Florida and was married to GABRIEL BARONE.
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3 At all times material herein, Plaintiff, GABRIEL BARONE, was a resident of
New Port Richey, Florida and was married to FRANCES BARONE.
4. At all times material herein, the World Quest Defendants, upon information and
belief, were active entities registered and licensed to do business in the State of Florida, and were
doing business as WORLDQUEST RESORT a/k/a WorldQuest Orlando Resort having a
business address of 8849 WorldQuest Blvd., Orlando, Florida 32821.
5 Venue is appropriate before the Ninth Judicial Circuit, as the cause of action
occurred in Orlando, Florida.
6. All conditions precedent to the bringing of this action have occurred or been met.
COUNT I - NEGLIGENCE OF WORLD QUEST DEFENDANTS
7 Plaintiffs reallege and adopt the general allegations numbered 1 through 6 of the
General Allegations, as if fully set forth herein.
8 Upon information and belief the World Quest Defendants, do now, and at all
times material herein, did own and/or operate and maintain a resort hotel facility in Orange
County, Florida, known as, "WorldQuest Orlando Resort," located at 8849 WorldQuest Blvd.,
Orlando, Florida 32821.
9 On or about October 2, 2016, Plaintiff, FRANCES BARONE, was lawfully on the
premises as a registered guest/business invitee of the World Quest Defendants.
10. Because of her business invitee status, the Defendants owed the following duties
to Plaintiff, FRANCES BARONE:
A To use ordinary care in keeping the premises in a reasonably safe
condition for its guests/business invitees generally and specifically control
the ongoing construction and ensure debris and foreign substances do not
collect in known areas of ingress and egress; and
To warn of latent or impending perils that are known, or should be known
to the owner or its employees, of which the guests/business invitee is
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10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
unaware and which the business invitee cannot discover through the
exercise of reasonable care.
To provide a reasonably safe premises including reasonable protection
against injury to guests/business invitees, by its employees, agents and/or
other invitees.
D To protect guests/business invitees from foreseeable physical injuries.
11 Defendants were negligent and breached the above obligations by, among other
things:
Failing to maintain their accommodations in a safe manner, free from
injury, harm or the threat of harm, and/or to take reasonable measures at
the premises to protect invitees during their stay at its facility;
Failing to warn guests/invitees of prior incidents arising from said
conditions, upon its grounds, and in the surrounding areas, including the
common business areas for general ingress/egress of guests/invitees;
Failing to implement procedures and safeguards to protect guests/invitees
from physical injury; and
Failing to maintain the common business areas for general ingress/egress
of guests/invitees in a safe condition, which would provide protection for
its guests/business invitees, and to keep hotel guests from slipping,
tripping and/or otherwise falling and injuring themselves while entering or
exiting the hotel, and/or causing other physical injuries presented by the
presence of slick and/or slippery materials and/or other construction-
related debris directly in the path of guests entering and exiting the hotel.
12: The incident and resulting injuries to the Plaintiff, FRANCES BARONE, were
reasonably foreseeable by World Quest Defendants, as a result of the following:
A Defendants’ knowledge or constructive knowledge of the conditions
present at the common, general ingress/egress entryway of the hotel, and
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the presence of slick and/or slippery materials and/or other construction-
related debris and dangerous to any person walking over said areas of
ingress/egress, existed in said condition, prior to the arrival of the Plaintiff,
FRANCES BARONE.
Defendants’ actual or constructive knowledge that of the common, general
ingress/egress entryway of the hotel, because of its slick and/or slippery
condition and/or the presence of other construction-related debris, posed a
clear and dangerous risk to any and all invitees;
Defendants’ failure to follow industry standards for such establishments,
to require adequate protection for its guests/invitees; and
Defendants’ allowing and/or participating in known, open and notorious
dangerous conditions.
13; As a direct and proximate result of the careless and negligent conduct of the
Defendants, the Plaintiff, FRANCES BARONE, was injured in and about her body and
extremities and has sustained the following damages;
A Significant and permanent loss of an important bodily function;
B, Permanent injury within a reasonable degree of medical probability other
than scarring and disfigurement;
Bodily injury;
Pain and suffering;
Disability;
Scarring and disfigurement;
Mental anguish;
H. Loss of capacity for the enjoyment of life; and
I Medical and related expenses in seeking a cure for her injuries.
14, As a direct and proximate result of the carelessness and negligence of Defendants,
the Plaintiff, FRANCES BARONE, did slip and fall as she approached her vehicle in the
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designated parking area near where there was ongoing construction/maintenance/repairs and as a
result sustained serious and permanent bodily injuries and has otherwise been rendered
permanently disabled.
15. As a direct and proximate result of the careless and negligent conduct of the
Defendants, Plaintiff, FRANCES BARONE, was compelled to employ physicians, surgeons and
other health care professionals to otherwise treat the Plaintiff, FRANCES BARONE, for the
injuries sustained. Plaintiff is informed and believes, and based upon that information and belief
alleges, that it will further be necessary for Plaintiff to incur additional medical expenses in a
sum or sums now unknown to Plaintiff.
WHEREFORE, Plaintiff, FRANCES BARONE, demands a trial by jury and a judgment
against the Defendants, ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a
WORLD QUEST RESORT a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE,
LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit
corporation, jointly and severally, in an amount within the jurisdictional limits of this Court, to
wit: more than Fifteen Thousand Dollars ($15,000.00), and for such other relief to which the
Plaintiffs may be justly entitled.
COUNT II - LOSS OF CONSORTIUM AS TO GABRIEL BARONE
16. The Plaintiffs re-allege and incorporate by reference hereto the allegations
contained in paragraphs 1 through 15 of the Allegations, as if fully set forth herein.
17. Plaintiff, GABRIEL BARONE, has suffered the loss of his wife’s care, comfort,
society, attention and consortium.
18. Plaintiff, GABRIEL BARONE, has been required to take over and will in the
future have to take over many of the duties/services of his wife due to her injuries and
discomfort, as alleged above.
19. At the time of the slip/trip and fall incident, Plaintiffs FRANCES BARONE and
GABRIEL BARONE, were legally married.
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WHEREFORE, Plaintiff, GABRIEL BARONE, demands judgment for damages against
the Defendants, ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD
QUEST RESORT a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE, LLC, a
foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit
corporation, jointly and severally, for loss of consortium damages in an amount in excess of the
minimum jurisdictional limits of this Court, to-wit: $15,000.00, exclusive of interest and costs
demands judgment therefore, and demands trial by jury of all issues so triable as a right by a
jury.
DEMAND FOR JURY TRIAL
Plaintiffs, FRANCES BARONE and GABRIEL BARONE, hereby demand trial by jury
concerning all issues in the above-styled cause of action.
DESIGNATION OF EMAIL ADDRESSES FOR SERVICE OF DOCUMENTS
Pursuant to Florida Rule of Judicial Administration 2.516(b)(1)(A), the undersigned counsel
gives notice of the following primary, secondary and tertiary e-mail addresses for service of pleadings in
this matter:
Primary Email Address: Amangnaiello@icardmerrill.com
Secondary Email Address: Mlelinho@icardmerrill.com
Tertiary Email Address: thashemé rdmerrill.com
DATED this g day of October, 2017.
ICARD, MERRILL, CULLIS, TIMM,
FUREN & GINSBURG, P.A.
2033 Main Street, Suite 600
Postal Drawer 4195
Sarasota, Florida 34237
(941) 366-8100 — Phone / (941) 366-6384 - Fax
/s/ Anthony J. Manganiello, II
ANTHONY J. MANGANIELLO, III, ESQ.
Florida Bar No. 0052307
Attorneys for Plaintiffs
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10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION FRANCES BARONE & GABRIEL BARONE, Plaintiffs, VS. CASE NO. 2017 CA 003882-O ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WORLDQUEST ORLANDO RESORT, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit corporation, Defendants. / FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW, the Plaintiffs, FRANCES BARONE and GABRIEL BARONE, by and through their undersigned attorneys, and Amends their complaint to sues the Defendants, ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit corporation, all of which are licensed to and conducting business in the State of Florida (hereinafter collectively “Defendants” or "World Quest"), and states as follows: GENERAL ALLEGATIONS 1 This is an action for damages in excess of fifteen thousand dollars ($15,000.00), exclusive of costs and interest. 2 At all times material herein, Plaintiff, FRANCES BARONE, was a resident of New Port Richey, Florida and was married to GABRIEL BARONE. 00642130-2 10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL 3 At all times material herein, Plaintiff, GABRIEL BARONE, was a resident of New Port Richey, Florida and was married to FRANCES BARONE. 4. At all times material herein, the World Quest Defendants, upon information and belief, were active entities registered and licensed to do business in the State of Florida, and were doing business as WORLDQUEST RESORT a/k/a WorldQuest Orlando Resort having a business address of 8849 WorldQuest Blvd., Orlando, Florida 32821. 5 Venue is appropriate before the Ninth Judicial Circuit, as the cause of action occurred in Orlando, Florida. 6. All conditions precedent to the bringing of this action have occurred or been met. COUNT I - NEGLIGENCE OF WORLD QUEST DEFENDANTS 7 Plaintiffs reallege and adopt the general allegations numbered 1 through 6 of the General Allegations, as if fully set forth herein. 8 Upon information and belief the World Quest Defendants, do now, and at all times material herein, did own and/or operate and maintain a resort hotel facility in Orange County, Florida, known as, "WorldQuest Orlando Resort," located at 8849 WorldQuest Blvd., Orlando, Florida 32821. 9 On or about October 2, 2016, Plaintiff, FRANCES BARONE, was lawfully on the premises as a registered guest/business invitee of the World Quest Defendants. 10. Because of her business invitee status, the Defendants owed the following duties to Plaintiff, FRANCES BARONE: A To use ordinary care in keeping the premises in a reasonably safe condition for its guests/business invitees generally and specifically control the ongoing construction and ensure debris and foreign substances do not collect in known areas of ingress and egress; and To warn of latent or impending perils that are known, or should be known to the owner or its employees, of which the guests/business invitee is 00642130-2 10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL unaware and which the business invitee cannot discover through the exercise of reasonable care. To provide a reasonably safe premises including reasonable protection against injury to guests/business invitees, by its employees, agents and/or other invitees. D To protect guests/business invitees from foreseeable physical injuries. 11 Defendants were negligent and breached the above obligations by, among other things: Failing to maintain their accommodations in a safe manner, free from injury, harm or the threat of harm, and/or to take reasonable measures at the premises to protect invitees during their stay at its facility; Failing to warn guests/invitees of prior incidents arising from said conditions, upon its grounds, and in the surrounding areas, including the common business areas for general ingress/egress of guests/invitees; Failing to implement procedures and safeguards to protect guests/invitees from physical injury; and Failing to maintain the common business areas for general ingress/egress of guests/invitees in a safe condition, which would provide protection for its guests/business invitees, and to keep hotel guests from slipping, tripping and/or otherwise falling and injuring themselves while entering or exiting the hotel, and/or causing other physical injuries presented by the presence of slick and/or slippery materials and/or other construction- related debris directly in the path of guests entering and exiting the hotel. 12: The incident and resulting injuries to the Plaintiff, FRANCES BARONE, were reasonably foreseeable by World Quest Defendants, as a result of the following: A Defendants’ knowledge or constructive knowledge of the conditions present at the common, general ingress/egress entryway of the hotel, and 00642130-2 10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL the presence of slick and/or slippery materials and/or other construction- related debris and dangerous to any person walking over said areas of ingress/egress, existed in said condition, prior to the arrival of the Plaintiff, FRANCES BARONE. Defendants’ actual or constructive knowledge that of the common, general ingress/egress entryway of the hotel, because of its slick and/or slippery condition and/or the presence of other construction-related debris, posed a clear and dangerous risk to any and all invitees; Defendants’ failure to follow industry standards for such establishments, to require adequate protection for its guests/invitees; and Defendants’ allowing and/or participating in known, open and notorious dangerous conditions. 13; As a direct and proximate result of the careless and negligent conduct of the Defendants, the Plaintiff, FRANCES BARONE, was injured in and about her body and extremities and has sustained the following damages; A Significant and permanent loss of an important bodily function; B, Permanent injury within a reasonable degree of medical probability other than scarring and disfigurement; Bodily injury; Pain and suffering; Disability; Scarring and disfigurement; Mental anguish; H. Loss of capacity for the enjoyment of life; and I Medical and related expenses in seeking a cure for her injuries. 14, As a direct and proximate result of the carelessness and negligence of Defendants, the Plaintiff, FRANCES BARONE, did slip and fall as she approached her vehicle in the 00642130-2 10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL designated parking area near where there was ongoing construction/maintenance/repairs and as a result sustained serious and permanent bodily injuries and has otherwise been rendered permanently disabled. 15. As a direct and proximate result of the careless and negligent conduct of the Defendants, Plaintiff, FRANCES BARONE, was compelled to employ physicians, surgeons and other health care professionals to otherwise treat the Plaintiff, FRANCES BARONE, for the injuries sustained. Plaintiff is informed and believes, and based upon that information and belief alleges, that it will further be necessary for Plaintiff to incur additional medical expenses in a sum or sums now unknown to Plaintiff. WHEREFORE, Plaintiff, FRANCES BARONE, demands a trial by jury and a judgment against the Defendants, ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit corporation, jointly and severally, in an amount within the jurisdictional limits of this Court, to wit: more than Fifteen Thousand Dollars ($15,000.00), and for such other relief to which the Plaintiffs may be justly entitled. COUNT II - LOSS OF CONSORTIUM AS TO GABRIEL BARONE 16. The Plaintiffs re-allege and incorporate by reference hereto the allegations contained in paragraphs 1 through 15 of the Allegations, as if fully set forth herein. 17. Plaintiff, GABRIEL BARONE, has suffered the loss of his wife’s care, comfort, society, attention and consortium. 18. Plaintiff, GABRIEL BARONE, has been required to take over and will in the future have to take over many of the duties/services of his wife due to her injuries and discomfort, as alleged above. 19. At the time of the slip/trip and fall incident, Plaintiffs FRANCES BARONE and GABRIEL BARONE, were legally married. 00642130-2 10/11/2017 FILED IN OFFICE TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL WHEREFORE, Plaintiff, GABRIEL BARONE, demands judgment for damages against the Defendants, ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WorldQuest Orlando Resort, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit corporation, jointly and severally, for loss of consortium damages in an amount in excess of the minimum jurisdictional limits of this Court, to-wit: $15,000.00, exclusive of interest and costs demands judgment therefore, and demands trial by jury of all issues so triable as a right by a jury. DEMAND FOR JURY TRIAL Plaintiffs, FRANCES BARONE and GABRIEL BARONE, hereby demand trial by jury concerning all issues in the above-styled cause of action. DESIGNATION OF EMAIL ADDRESSES FOR SERVICE OF DOCUMENTS Pursuant to Florida Rule of Judicial Administration 2.516(b)(1)(A), the undersigned counsel gives notice of the following primary, secondary and tertiary e-mail addresses for service of pleadings in this matter: Primary Email Address: Amangnaiello@icardmerrill.com Secondary Email Address: Mlelinho@icardmerrill.com Tertiary Email Address: thashemé rdmerrill.com DATED this g day of October, 2017. ICARD, MERRILL, CULLIS, TIMM, FUREN & GINSBURG, P.A. 2033 Main Street, Suite 600 Postal Drawer 4195 Sarasota, Florida 34237 (941) 366-8100 — Phone / (941) 366-6384 - Fax /s/ Anthony J. Manganiello, II ANTHONY J. MANGANIELLO, III, ESQ. Florida Bar No. 0052307 Attorneys for Plaintiffs 00642130-2