![]() Without demonstrating any negligence on the part of the Defendant, the Plaintiff asserts that the Defendant breached its duty of care. Under the first count, the Plaintiff alleges that the Defendant created “a dangerous and defective condition” by negligently and carelessly allowing an oily substance along with pieces of small glass to remain on the floor of the premises causing her to slip and fall on top of the Deceased. ![]() Consequently, the Plaintiff has moved this Court seeking for an award of damages for the injuries alleged caused by the Defendant and for the death of the Deceased pursuant to the Florida Wrongful Death Act Statute §768.21. As a result of the fall, the Plaintiff sustained permanent bodily injuries to her back, arm, and ankle, and the Deceased suffered serious injuries which led to her death. She further states that while there, she slipped and fell on an oily substance that was spilled on the floor of the premises with glass surrounding that area, specifically, aisle 10 and landed on-top of the Deceased. The Plaintiff contends that on or about August 25, 2018, she and her nine month old daughter, Kaia Zane (the “Deceased”) were lawful guests and patrons at the Supermarket as shoppers. The Plaintiff avers that the Defendant operates and manages a supermarket located at 13850 SW 8th St, Miami, FL 33184 (the “Supermarket”), which statement is not denied by the Defendant. The instant Complaint relates to a claim brought by the Plaintiff founded on the tort of negligence. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUITĭefendant, Publix Supermarkets, Inc., acting on its own behalf and pursuant to rule 1.140, Florida Rules of Civil Procedure, respectfully requests that this Court enter an order dismissing the entirety of the Complaint brought by Plaintiff, Rachel Zane with prejudice, for the reasons stated below.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |