The URL can be used to link to this page

Home My WebLink AboutFYI Complaint Notice - Simons vs CCUA Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM Filing # 145750658 E-Filed 03/15/2022 02:56:52 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR CLAY COUNTY, FLORIDA CASE NO.: DIVISION: AMANDA SIMONS, Plaintiff, v. CLAY COUNTY UTILITY AUTHORITY, a local governmental body, corporate, and politic, Defendant. c COMPLAINT AND DEMAND FOR JURY TRIAL CT eD 2 The Plaintiff, AMANDA SIMONS, by and through the undersigned attorney, sues 3 cc Defendant,CLAY COUNTY UTILITY AUTHORITY, a local governmental body, corporate, and politic, and alleges: 1. This is an action for damages in excess of$30,000.00. 2. At all times material hereto,Plaintiff,AMANDA SIMONS,was a resident of Orange Park, Clay County, Florida. 3. At all times material hereto, Defendant, CLAY COUNTY UTILITY AUTHORITY, which was organized and existed under the laws of the state of Florida,and was authorized to transact business in the state of Florida on February 9, 2021, with its principle place of business at 3176 Old Jennings Road,Middelburg,FL 32068. 4. Pursuant to Fla. Stat. 768.28, all conditions precedent have been specifically satisfied and proof thereof is attached hereto as"Exhibit A". Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM STATEMENT OF FACTS 5. On or about February 9, 2021, Plaintiff, AMANDA SIMONS, was walking on a sidewalk at or near the Clay County Utility Easement located at 2358 Constitution Drive when she was caused to trip and fall to the ground over a broken and negligently maintained piece of the sidewalk. 6. At that time and place, Defendant, CLAY COUNTY UTILITY AUTHORITY owned, operated, controlled,possessed, and/or maintained the sidewalk where the subject incident occurred. COUNT I —NEGLIGENCE OF CLAY COUNTY UTILITY AUTHORITY 7. Plaintiff reaffirms and realleges the allegations contained in paragraphs 1 through 6 above. to 8. At all times material hereto,Defendant CLAY COUNTY UTILITY AUTHORITY, by and through its officers, agents, apparent agents, servants, and/or employees had a duty to maintain the subject property in a reasonably safe manner so as to avoid causing people, such as the Plaintiff, to trip and fall. 9. At all times material hereto,Defendant CLAY COUNTY UTILITY AUTHORITY, by and through its officers, agents, apparent agents, servants, and/or employees had a duty to warn and/or protect the Plaintiff, AMANDA SIMONS, from a negligent and/or dangerous condition of which it knew or should have known prior to the subject fall as same had existed for a sufficient length of time. 10. At all times material hereto,Defendant CLAY COUNTY UTILITY AUTHORITY, breached these duties owed to the Plaintiff by: [12473466/1] 2 Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM a. Negligently and carelessly failing to maintain the subject sidewalk in a reasonably safe condition; b. Negligently and carelessly failing to warn, and/or protect Plaintiff from the negligent and/or dangerous condition of which it knew or should have known prior to the subject fall as the same had existed for a sufficent length of time; c. Negligently and carelessly failing to post warning signs and or block off the area surrounding the uneven sidewalk; d. Negligently and carelessly creating a tripping hazard condition; e. Negligently and carelessly failing to cure the dangerous tripping hazard condition; and/or f. Other such acts of negligence that may become apparent during discovery. to 11. At all times material hereto, the said dangerous and negligent condition was not apparent to Plaintiff, AMANDA SIMONS. 12. As a direct and proximate result of the negligence and breach of duties by Defendant CLAY COUNTY UTILITY AUTHORITY, Plaintiff, AMANDA SIMONS, was caused to trip and fall over the uneven sidewalk resulting in bodily injury. 13. As a result, Plaintiff,AMANDA SIMONS, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The losses are permanent and continuing within a reasonable degree of medical probability and Plaintiff will suffer the losses in the future. [12473466/1] 3 Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM WHEREFORE,the Plaintiff,AMANDA SIMONS, demands judgment for compensatory damages and costs against Defendant, CLAY COUNTY UTILITY AUTHORITY, and a trial by jury of all issues herein. FARAH & FARAH,P.A. /1/Z4 Rebecca Morrison,Esq. Florida Bar No.: 125947 10 West Adams Street Jacksonville, FL 32202 T/F: (904) 515-2448 Primary: rorrison@farahandfarah.com Secondary: ssaing@farahandfarah.com farahandfarah.com Attorney for Plaintiff to [12473466/1] 4 Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM ,? FARAH Here for you. Here for good. www.farahandfarah.com November 10,2021 Certified Mail-Return Receipt Requested 7021 1970 0002 0031 5224 Wendell Davis- Chairman CLAY COUNTY UTILITY AUTHORITY 3176 Old Jennings Road Middleburg, FL 32068 Florida Department of Financial Services 200 East Gaines Street Tallahassee, FL 32399-0300 Courtney K, Grimm, Clay County Attorney County Administration Building,2t Floor Green Cove Springs, FL 32043 Clay County Building Division/ Clay County Board of County Commissioners 477 Houston Street Green Cove Springs, FL 32043 to Preferred Governmental Claims Solutions Attn: Claims Manager P. O. Box 958456 Lake Mary, FL 32795 David Altmaier, Insurance Commissioner Office of Insurance Regulation 200 East Gaines Street Tallahassee, Florida 32399-4206 RE: Claimant(s): Amanda Simons Agency: Clay County Utility Authority Date of Incident: February 09, 2021 Our File Number: 210300133 Dear Sir/Madam: Pursuant to Florida Statute §768.28,the above-referenced claimant(s)hereby give notice of their intent to pursue a claim for damages against Clay County Utility Authority, Clay County Building Division/Clay County Board of County Commissioners, Florida Department of Financial Services, City of Gainesville Risk Management, and Clay County Attorney. Our firm represents the above-referenced claimant(s) and any correspondence relating to this claim should be directed to our attention. The following is the specific information requested by the statute; Claimant(s)Information: Amanda Simons E)ch 10 WEST ADAMS STREET • JACKSONVILLE, FLORIDA 32202 • P 904.396.5555 • F 904.358.2424 Filed Date: 03/15/2022, Accepted: 03/15/2022 03:04 PM Redacted Pursuant to F.S. § 119.071(5)(a) 2185 Carter Braxton rd., Orange Park,FL 32073 SSN: DOB: 12/30/1961 POB: Madison, West Virginia,Boone County Prior Claims: There exists no prior adjudicated unpaid claim in excess of$200.00. Date/Time/Place of Incident: February 09,2021/11:30AM.Constitution Avenue sidewalk at the Clay County Utility Easement behind the Walgreens located at 630 Blanding Blvd, Orange Park, Clay County,Florida. Description of the Incident: On February 9,2021, approximately 11:30 a.m.,Amanda Simons walked on a sidewalk that was uneven, causing her to fall and strike her right side on the ground. Description of Injuries: Her injuries include, but are not limited to, the right arm, right side,right wrist, right knee, and left knee. Agency/agents involved: Clay County Building Division/Clay County Board of County Commissioners/Clay County Utility Authority to Relief sought: Ms. Simons seeks compensation for non-economic damages incurred in the past and to be incurred in the future: pain and suffering, disability, disfigurement, permanent impairment, mental anguish, and loss of capacity for enjoyment of life. She also claims the following economic damages: past and future loss of earnings, future loss of ability to earn money, as well as past and future expenses associated with hospitalization, medical care and nursing care and treatment due to injuries she sustained in the fall. Pursuant to Florida Statute§768.28(6)(d),further information requested by Florida Statute §768.28 (6)(c) will be provided prior to settlement payment, close of discovery or commencement of trial, whichever is sooner. If additional information is requested or if this notice is legally defective in any way, please contact me immediately. Sincerely, Rebecca Morrison, Esq. Ph/Fax: (904)515-2448 Email: rorrison@farahandfarah.com