COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, Marion Frith, files suit against Defendants, Emerald Coast RV Center, LLC, Camping World RV Sales and Freedomroads Holding Company (collectively the “Defendants”) and states as follows:
JURISDICTION AND VENUE
- This involves a matter in controversy exceeding $15,000.00, exclusive of interest, costs and attorneys’ fees.
- Venue is proper in this Court.
All conditions precedent occurred or have been waived.
At all times material hereto, Defendants were doing business in the State of Florida and maintain a place for the transaction of its customary business in Columbia County, FL.
Defendants, at all times material hereto, were the owner and/or operator of a RV Sales Center where Plaintiff sustained injuries. The RV Sales Center is located in Columbia County, FL.
Defendants are subject to the jurisdiction of this Court.
COUNT I – NEGLIGENCE
- Plaintiff re-alleges all prior allegations into this Count.
- On June 6th 2014, Defendants were the owner and/or in possession of a RV Sales Center located at 530 SW Florida Gateway Drive, Lake City, FL 32024.
- On June 6th 2014, Plaintiff was at the RV Sales Center as an invited guest.
- On June 6th 2014, Defendants owed Plaintiff a duty to maintain their premises in a reasonably safe condition, to correct dangerous conditions of which Defendants either knew or should have known, by the use of reasonable care, and to warn Plaintiff of any dangerous conditions which Defendants had or should have had knowledge.
- On June 6th 2014, one of the 5th Wheels for sale and owned by Defendants had broken stairs at its entrance.
- On June 6th 2014, Defendants invited Plaintiff to view a 5th Wheel with the stairs in disrepair.
- On June 6th 2014, while while viewing a 5th Wheel for sale by Defendants, Plaintiff fell on said 5th Wheel’s broken stairs and suffered damages.
- The dangerous condition of the 5th Wheel was known to Defendants or had existed for a sufficient length of time so that Defendants knew or should have known of the dangerous condition and taken corrective measures.
- Following Plaintiff’s fall, she was brought into the main lobby and the sales associate explained the incident to the manager stating that he saw her fall and identified the location of the fall as the 5th Wheel unit with the broken steps. Thus, it was known to both management and the associated that the 5th Wheel had broken steps.
- Defendants had actual or constructive knowledge of said negligent or dangerous condition but failed to maintain the premises so that customers could walk safely without a hazardous condition being present; thus Defendants failed to properly maintain their premises and the 5th Wheel they sold and/or owned.
- Alternatively, and in addition thereto, Defendants further failed to sufficiently warn Plaintiff of the dangerous condition of the 5th Wheel and/or avert her from taking its damaged stairs.
- Alternatively, and in addition thereto, Defendants directed Plaintiff to use the stairs of a 5th Wheel that they knew or should have known were in disrepair and too dangerous to use.
- As a direct and proximate result of the negligence of Defendants, Plaintiff was damaged.
- As a direct and proximate result of the negligence of Defendants, Plaintiff received serious injuries, some or all of which are permanent, has continuous physical pain and mental distress, has suffered a permanent diminished capacity to enjoy life, and has incurred medical bills for treatment and care will continue to do so in the future.
WHEREFORE, Plaintiff prays that judgment be entered against Defendants for damages and for an amount which will fairly and adequately compensate for her injuries, losses (past and future), and for interest as permitted by law, costs of this suit, expert witness fees and for whatever and further relief as to this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable.
Dated: November 8, 2016
/s/ Michael Massey
Fla. Bar No. 153680
Massey & Duffy, P LLC
855 E. University Ave.
Gainesville, FL 32601
Designated email: [email protected]
- This is the designated email for Michael Massey for service of all documents relative to these proceedings. ↑