Gainesville Injury Attorney Files Lawsuit

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

  1. This involves a matter in controversy exceeding $15,000.00, exclusive of interest, costs and attorneys’ fees.

  2. Venue is proper in this Court.

  3. All conditions precedent occurred or have been waived.

  4. 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.

  5. 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.

  6. Defendants are subject to the jurisdiction of this Court.

COUNT I – NEGLIGENCE

  1. Plaintiff re-alleges all prior allegations into this Count.
  2. 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.

  3. On June 6th 2014, Plaintiff was at the RV Sales Center as an invited guest.

  4. 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.

  5. On June 6th 2014, one of the 5th Wheels for sale and owned by Defendants had broken stairs at its entrance.

  6. On June 6th 2014, Defendants invited Plaintiff to view a 5th Wheel with the stairs in disrepair.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. As a direct and proximate result of the negligence of Defendants, Plaintiff was damaged.

  14. 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

Michael Massey

Fla. Bar No. 153680

Massey & Duffy, P LLC

855 E. University Ave.

Gainesville, FL 32601

352-505-8900

Designated email: Massey@352law.com[1]

  1. This is the designated email for Michael Massey for service of all documents relative to these proceedings.

Non-Economic Damages: How Much is your Pain & Suffering Worth?

Accidents due to a negligent party are very unfortunate.  The effects of an accident can carry for months, years and in some cases for the rest of the victim’s life.  When dealing with insurance companies and attorneys it can be very difficult to put a price on the damages caused by a distressing injury.

 Economic Damages

Economic damages are expenses that arose out of a negligent act.  These can include medical bills, lost wages, cost of transportation to and from medical providers, etc.  In most cases, detailed accounting can provide a fair and just compensation package for these losses.  It is important to keep track of each and every expense so that your Personal Injury Attorney can ensure that you are reimbursed.  Even small expenses like over the counter pain medications, or heating pads may add up to hundreds or even thousands of dollars and should be recorded.  If you are unable to perform household chores or care for your dependents, you may have to hire some help and that may be reimbursed as well.

Non-Economic Damages

Non-economic damages, often referred to as “pain and suffering’ can be much more difficult to calculate.  The burden of proof for these claims rests on the victim, unfortunately.  Evidence of mental anguish, loss of enjoyment of life, depression and severe pain are often very intangible but can be supported by written statements from physicians and mental health providers, employers and teachers.  Insurance companies and attorneys for defendants will often attempt to call a claimants character into question.

Florida has several laws that limit or restrict awards for pain & suffering.  These laws were passed in an effort to reduce “frivolous lawsuits”, but generally they favor insurance companies looking for low awards for automobile and malpractice lawsuits.

The Personal Injury attorneys of Massey & Duffy, PLLC are experienced and dedicated to maximizing your personal injury claim.  It is our honor to serve the Gainesville, Ocala, and Lake City areas to ensure that your health, welfare, and financial stability are preserved in face of a traumatic accident or injury.  If you or your loved one has been tragically injured or killed due to an act of negligence, please call our office at (352) 505-8900 today to schedule a FREE CONSULTATION.

Ocala Lawsuit Filed

Our law firm files complaints in Ocala, Florida. For example, the following unjust enrichment lawsuit was filed by our attorneys serving Ocala:

COMPLAINT

Plaintiff sues Defendant as alleges as follows:

1. This is an action for damages of more than $5,000.00 but less than $15,000.00, exclusive of attorneys’ fees and costs. 

2. Defendant is a company with its main office in Ocala, FL. 

3. Venue is proper in this Court. 

4. This Court has jurisdiction to hear this matter. 

5. Plaintiff was hired to perform services including storm damage removal by Defendant.  Plaintiff fully performed these services. 

6. In exchange for performing these services, Defendant agreed to pay Plaintiff the amounts indicated on the attached Exhibits A and B.

7. Defendant has failed to pay Plaintiff the amounts indicated on the attached Exhibits A and B and currently owes these amounts to Plaintiff, thus damaging Plaintiff. 

COUNT I – UNJUST ENRICHMENT 

8. Plaintiff reallages counts 1 – 7 above.

9. Defendant has been unjustly enriched by the Plaintiff’s performance of services without payment therefore. 

10. Plaintiff conferred a benefit on Defendant, and Defendant has knowledge of that benefit.  

11. The Defendant has accepted and retained the conferred benefit. 

12. Under the circumstances, it would be inequitable for the Defendant to retain the benefit of Plaintiff’s services without paying for it. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper. 

COUNT II – BREACH OF ORAL CONTRACT

13. Plaintiff reallages counts 1 – 7 above.

14. Plaintiff and Defendant orally agreed to the payment for the services previously mentioned, on the terms identified in the attached Exhibits A and B. 

15. Defendant has failed to pay the Plaintiff according to the terms agreed for Plaintiff’s services. 

16. Plaintiff has been damaged by the Defendant’s breach of their oral agreement.  

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

COUNT III – ACCOUNT STATED

17. Plaintiff reallages counts 1 – 7 above. 

18. Plaintiff provided to Defendant the invoice statements attached hereto as Exhibit C.

19. Defendant did not object to these invoices.  

20. Before the institution of this action, Plaintiff and Defendant had business transactions between them and they agreed to the payment of the amounts indicated in the attached Exhibits A, B and C. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

Dated on February 25, 2014.     

/s/ Michael Massey

Fla. Bar. No. 153680

Designated email:  Massey@352law.com

Massey & Duffy, L.L.C.

855 E. Univ. Ave.

Gainesville, FL 32601

(352) 505-8900

 Attorney for Plaintiff

 

Deposition Notice

In both Florida and Federal cases, Plaintiffs can notice depositions with certain “areas of inquiry”.  Those can be difficult to articulate, so below is a sample.  Please seek legal advise before using such a thing, such as our lawyers.  Our attorneys serve Gaiensville, Ocala, Lake City and the surrounding areas.  The following is from an employment law case, but with modification it could easily be used to help the injured or in a divorce:

1. Each and every issue raised in Plaintiff’s first set of interrogatories.

2. The answers to Plaintiff’s first set of interrogatories.

3. The current location of each and every document requested in Plaintiff’s first request to produce.

4. Any and all issues related to allegations that the Plaintiff’s work performance was good, bad, poor and/or insufficient.

5. Any and all reasons for the Plaintiff’s termination, reprimands and/or demotion.

6. The job description and job duties of the Plaintiff.

7. Each and every one of the Defendant’s affirmative defenses.

8. The Defendant’s answer to the Plaintiff’s complaint.

9. Knowledge of factual circumstances surrounding Defendant’s answer and affirmative defenses.

10. Knowledge of factual circumstances surrounding Plaintiff’s complaint.

11. The job description and job duties of any and all of the Plaintiff’s supervisors.

12. The identify of any and all persons who’s job duties are similar to that of the Plaintiff.

13. The identity of all persons similarly situated to the Plaintiff.

14. All communications between the Plaintiff and any agent, director and/or employee of the Defendant.

15. All documents written by the Defendant (or its agents, directors and/or employees) to the Plaintiff.

16. All documents and/or letters written by the Plaintiff to the Defendant (or its agents, directors and/or employees).

17. All wages, benefits, earnings, and bonuses earned by the Plaintiff during the course of employment with the Defendant.

18. All reprimands provided (either verbally or written) by the Defendant (or its agents, directos and/or employees) to the Plaintiff.

19. All job duties of the Plaintiff’s supervisor.

20. All job duties of the person whom made (or was involved in any way) the decision to terminate the Plaintiff.

21. Any and all facts regarding those documents requested in Plaintiff’s first request to produce, including the authors of said documents and the circumstances surrounding their creation.

22. All employment policies and practices of the Defendant.