Docstoc

TO FROM The Honorable Chairman and Members of the Board of

Document Sample
TO FROM The Honorable Chairman and Members of the Board of Powered By Docstoc
					Next Agenda Item                             Jump to Regular Agenda                            Return to Agenda




          TO:                     The Honorable Chairman and Members of the
                                  Board of County Commissioners

          FROM:                   James L. Bennett, County Attorney

          SUBJECT:                Notice of New Lawsuit and Defense of the Same by the County Attorney
                                  in the Case of Patricia Bonnett, et al. v. Pinellas County
                                  Circuit Civil Case No. 10-13676-CI-15

          DISTRIBUTION:           William M. Davis, Interim Director, Risk Management

          DATE:                   October 12,2010


         NOTICE: THIS IS TO ADVISE THE BOARD OF COUNTY COMMISSIONERS THAT THE
         ABOVE-REFERENCED LAWSUIT WAS FILED AGAINST THE COUNTY AND THE COUNTY
         ATTORNEY'S OFFICE WILL DEFEND THE SAME.

         DISCUSSION: Plaintiffs' Complaint alleges negligence and resulting personal injuries as a result of
         a sidewalk trip and fall incident which occurred April 7, 2009, somewhere along Gulf Boulevard,
         Indian Rocks Beach. Plaintiff Patricia Bonnett claims her right knee was injured. Her husband,
         Robert Bonnett, apparently claims loss of consortium damages.




          JLB/JES/slr
          Attachment
          H:\USERS\ATYKB02\WPDOCS\LITIGATION  -
                                           JESU3onnettBoard Notice Memo.doc
             IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
                    IN AND FOR PINELLAS COUNTY, FLORIDA
                               CIVIL DIVISION


PATRICIA BONNETT and ROBERT
BONNETT, her husband,
                                                   CASENO.:        10         I 3 6 7          ~cI--/<-
       Plaintiff,
v-                                                 DIVISION:

PINELLAS COUNTY, .

       Defendant
                                              1

                                         COMPLAINT

       COMES NOW, the Plaintiffs, PATRICIA BONNETT and ROBERT BONNETT, by and

through their undersigned counsel, and hereby sues the Defendant, PINELLAS COUNTY, and

states as follows:

       1.      This is a complaint for damages in excess of Fifteen Thousand and no/100 Dollars

($15,000.00), exclusive of costs and fees.

        2.     Jurisdiction is proper in this court pursuant to applicable Florida Statutes.

        3.     Plaintiffs, PATRICIA BONNETT and ROBERT BONNETT, is a natural person

and a resident of Pasco County, Florida.

        4.     The Defendant, PINELLAS COUNTY, is a located in Pinellas County, Florida.

        5.      Plaintiff, PATRICIA BONNETT, sustained significant personal injuries on or

 about April 7,2009, while walking and otherwise lawfully on a sidewalk off of Gulf Boulevard,

 Indian Rocks Beach, Pinellas county, state of Florida.
         6.      Pursuant to Florida Statute Section 47.011, venue is proper in the Sixth Judicial

Circuit in and for Pinellas County, Florida.

                                    COUNT I - NEGLIGENCE

         7.      Plaintiffs, PATRICIA BONNETT and ROBERT BONNETT, realleges the

allegations in paragraphs 1-6 as though fully set forth herein, and further states:

         8.      On April 7, 2009, Plaintiff PATRICIA BONNETT was walking and otherwise

lawfully on a sidewalk off of Gulf Boulevard, Indian Rocks Beach, Pinellas county, state of

Florida.

         9.      As PATRICIA BONNETT was walking along a city sidewalk off of the afore-

mentioned Gulf Boulevard, an uneven slab of pavement was caused her to trip and fall and

sustained severe personal injuries to her right knee.

          10.    PINELLAS COUNTY negligently maintained its sidewalks by allowing the

 sidewalks with uneven slabs where individuals such as PATRICIA BONNETT could trip and

 fall.

           11.    PINELLAS COUNTY negligently failed to inspect its sidewalks for dangerous

 conditions such as the uneven slabs when it knew, or in the exercise of reasonable care should

 have known, that such uneven slabs had occurred or would be likely to occur on the sidewalks,

 and that such uneven slabs would greatly increase the risk that individuals , including

 PATRICIA BONNETT, could trip and fall on the uneven slabs.

           12.    PINELLAS COUNTY negligently failed to warn PATRICIA BONNETT of the

 aforementioned dangerous condition on the sidewalks when it knew, or in the exercise of

 reasonable care should have known, that such conditions existed or likely would exist.
       13.     As a direct and proximate result of the negligence of PINELLAS COUNTY,

PATRICIA BONNETT tripped, fell and sustained serious personal injuries, significant and

permanent bodily injury, aggravation of pre-existing conditions, past and future lost wages, past

and future medical expenses, diminution of the joy of Living, and diminution of the joy of living          ,




to be experienced in the future.

      WHEREFORE, Plaintiffs, PATRICIA BONNETT and ROBERT BONNETT, prays for a

judgment against Defendant, PINELLAS COUNTY, for bodily injury, resulting pain and

suffering, aggravation of pre-existing conditions, mental suffering, past and future lost wages,

past and future medical expenses, diminution of the joy of living, and diminution of the joy of

living to be experienced in the future in an amount greater than Fifteen Thousand and no/100

Dollars ($15,000.00),plus costs of the action, plus attorneys' fees, interest and further relief as this

Honorable Court deems just and proper.




                                              u         Florida Bar No. 0964190
                                                        MICHAEL B. STEIN, ESQUIRE
                                                        Florida Bar No. 0478962
                                                        HAAS, LEWIS, DiFIORE & AMOS, P.A.
                                                        P.O. Box 23567
                                                        Tampa, Florida 33623
                                                        (813)253-5333
                                                        (813) 254-8555 FAX
                                                        Attorneys for Plaintiffs

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:4/23/2012
language:
pages:4