IN THE CIRCUIT COURT IN AND FOR
ALACHUA COUNTY FLORIDA
Plaintiff, Case No.
COMPLAINT AND JURY TRIAL DEMAND
Plaintiff, Amos Sample, sues the Defendant, SAMPLE BUSINESS, and states as follows:
1. This is a cause of action for damages in excess of $75,000.00.
- Plaintiff is a resident of Florida.
On February 21, 2009, Plaintiff intended to eat at Sample Business owned by Defendant in Gainesville, FL at 2:40 a.m.
4. The SAMPLE BUSINESS in question is located on SW 13th Street and is well known as a high-crime location.
- On said date and approximate time, at the SAMPLE BUSINESS in Gainesville, the Plaintiff was shot by a criminal that meant to shoot someone else. The shooting happened in a parking lot owned or used by SAMPLE BUSINESS.
As a result of the shooting, the Plaintiff was damaged.
Count I: Negligent Failure to Provide Adequate Security
7. Plaintiff, hereby, re-alleges and reaffirms the allegations in paragraphs one (1) through six (6) above as if fully re-stated herein.
- On said date, Defendant failed to adequately provide security measures to ensure the safety of business invitees while in its parking area or elsewhere on its premises.
The security measures utilized by Defendant if any, were not sufficient to provide a reasonably safe condition for its patrons, business invitees or other individuals on the SAMPLE BUSINESS premises/parking area.
Defendant breached the duty of care it owed Plaintiff in the following non-exhaustive list or particulars:
- a. Failure to devise, implement and follow a proper security plan, reasonably designed to protect invitees from harm;
- b. Failure to properly employ and deploy an adequate number of security personnel to reasonably protect persons on the premises;
c. Failure to utilize reasonable and appropriate measures to protect persons on the premises when it knew or should have known of a dangerous condition on the premises;
d. Failure to provide adequate lighting from the parking area used by SAMPLE BUSINESS to the entrance of the facility.
- Had proper lighting been in place (or other security measures as aforementioned), the shooting could have been averted as the criminal third party would have both been deterred from committing the crime and/or have recognized that the Plaintiff was not his intended target.
As a direct result of the aforesaid attack, Plaintiff suffered bodily injury/scarring and resulting pain and suffering, mental anguish, loss of the capacity for the enjoyment of life, and has incurred expenses for medical treatment, loss of property, loss of earnings and/or the loss of the ability to earn money. These losses are either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff requests judgment against Defendant, for damages, together
with costs of suit, expert costs, and any further relief as the court may deem proper.
JURY TRIAL DEMAND
Plaintiff demands a jury trial.
Dated: October 15, 2009
___________________ Michael Massey
Florida Bar No. 153680
Fla. Bar No. 187542
Massey & Duffy
P.O. Box 2638.
Gainesville, FL 32601