Filing 0 106613046 E-Filed 04/23/2020 12:10:42PM

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

BARBARA'ONZALEZ,

Plaintiff,

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Id.s5~

ROSS DRESS FOR LESS,INC„d/b/a ROSS STORES,

INC.,

Defend an t.

GENERAL JURISDICTION

CAS E NO,; 2020-006729-CA-01

SUMMONS

THE STATE OF FLORIDA.

To Each Sherilf of Said State:

YOU ARK HEREBY COMMANDED to serve this Summons and a copy of the Complaint, Initial

Interrogatories, and Request for Production in this action on Defendant,:

ROSS DRESS FOR LESS, INC. D/B/A ROSS STORKS, INC.

C T CORPORATION SYSTEM

1200 SOUTH PINE ISLAND ROAD

PLANTATION, FL 33324

Each Defendant is required to serve written defenses to the Complaint on Plaintiff's Attorney, to wit;

Ramon Crego, Esquire

RUBENSTEIN LAW, P.A

9130S, Dadeland Blvd, PH

Miami, FL 33156

Tel: (305) 661-6000/ Fax: (305) 670-7555

, 2020

Clerk o ai ou

As Deputy CIet Q

" St

(Court Seal) c~~

within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file

the original of the defenses with the clerk of this court either before service on Plaintiff's allorney or

immediately thereafter, If a defendant fails to do so, a default will be cnlered against that defendant for the

reliel'demanded in the complaint or peliiion,

4/23/2020

DATED ON; this day of

EXHIBIT

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 1 of 18
IN TI-IE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

BARBARA GONZALEZ,

Plaintiff,

ROSS DRESS FOR LESS,INC., d/b/a ROSS

STORKS, INC.,

Defendant,

GENERAL JURISDICTION

DIVISION

CASE

NO„'OMPLAINT

FOR DAMAGES AND DEMAND FOR JURY TRIAL

The Plaintiff, BARBARA GONZALEZ, by and through the undersigned counsel, hereby

sues the Defendant, ROSS DRESS FOR LESS, INC., d/b/a ROSS STORKS, INC„and alleges:

I. This is an action for damages which exceeds Thirty Thousand Dollars ($30,000,00)

exclusive of interest and costs, and otherwise within this Court's jurisdictional limits.

2. At all times material hereto, the Plaintiff, BARBARA GONZALEZ, was and is a

resident of Miami-Dade County, Florida, and is otherwise suijuris.

3. At all times material hereto, the Defendant, ROSS DRESS FOR LESS, INC.,

r

d/b/a ROSS STORKS, INC., was and is a Florida Corporation organized under the Laws of the

State of Florida and doing business in Homestead, Miami-Dade County, Florida.

4. Venue is proper in this County in that the Defendant does business in Miami-Dade

County, Florida, and/or all of the acts complained of herein occurred in Miami-Dade County,

Florida,

5, That on or about June I, 2019, the Plaintiff, BARBARA GONZALEZ, was a

business invitee of the Defendant, ROSS DRESS FOR LESS, INC., d/b/a ROSS STORES,

INC.'s premises located at 2525 Northeast 10th Court„Homestead, Florida 33033.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 2 of 18
COUNT I- NKGLICKNCK CLAIM AGAINST ROSS DRESS FOR LESS.INC.. d/b/a

ROSS STORES. INC,

6. Plaintiff re-alleges and restates the allegations in paragraphs I through 5 as if fully

set forth herein.

7. That at all times material hereto, and specifically on June I, 2019, Defendant,

ROSS DRESS FOR LESS, INC., d/b/a ROSS STORKS, INC., owned, managed, controlled,

operated, and/or maintained the premises located at 2525 Northeast 10th Court, Homestead,

Florida 33033, in Miami-Bade County,

8. That on or about June 1, 2019, the Plaintiff BARBARA GONZALEZ, was

lawfully in Defendant, ROSS DRESS FOR LESS, INC., d/b/a ROSS STORES, INC.'s

premises, when she sat on a chair and it collapsed underneath her,

9. That the Defendant owed to its business invitees a duty to provide a reasonably safe

environment.

10. That the Defendant, its agents, servants or employees, breached its duty owed to

the Plaintiff by negligently maintaining its premises in the following manner:

a, By failing to maintain the floor of the premises in a reasonably safe

condition, to wit, allowing such chair being occupied by the plaintiff to collapse, and to prevent

dangerous conditions from occurring; and/or

b. By failing to warn of the dangerous condition that existed at the time of the

Plaintiff"s incident; and/or

c. Failing to place barricades, wet floor signs, or other marking devices

utilized to alert customers such as the Plaintiff of'the dangerous condition that existed at the time

ofPlaintifFs incident; and/or

d, By failing to remove said chair from the floor of the premises; and/or

-2-

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 3 of 18
e. By failing to correct the hazardous condition of the premises when the

Defendant knew or should have known that the general public visits said premises and specifically

the Plaintiff herein; and/or

f. Was otherwise negligent in the care, maintenance, and upkeep of the

premises, and speci fiically by allowing said chair be leA on the floor of the premises so as to cause

the Plaintiff's injury.

11, That the Defendant knew or in the exercise of reasonable care should have known

ofthe existence ofthe hazardous and dangerous condition which constituted a dangerous condition

to the Plaintiff, and the condition had existed for a sufficient length of time that the Defendant

knew or should have known of the condition and could have easily remedied it; and/or

12. As a direct and proximate result ofthe aforementioned negligence ofthe Defendant,

ROSS DRESS FOR LESS, INC., d/b/a ROSS STORKS, INC., the Plaintiff, BARBARA

GONZALEZ, was injured when the chair she was occupying collapsed causing her to fall to the

fioor and sustained severe„grievous and permanent injuries, physical and mental pain and

suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of

capacity for the enjoyinent of life, loss of earnings and impairment of earning capacity and/or

permanent aggravation of a pre-existing condition, and further incurred hospital bills, medical

bills, and/or other bills as a result ofsaid injuries; said injuries are either permanent or continuing

in their nature and the Plaintiff, BARBARA GONZALEZ will suffer the losses into the future.

WHEREFORE, Plaintiff, BARBARA GONZALEZ, hereby demands judgment for

"damages, costs and interest f'rom the Defendant, ROSS DRESS FOR LESS, INC., d/b/a ROSS

STORKS, INC„ together with whatever other relief the Court deems just and appropriate.

-3-

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 4 of 18
DEMAND FOR JURY TRIAL

The Plaintiff, BARBARA GONZALEZ, hereby demands trial by jury of all issues so

triable as a rnatter ofright.

Dated: March 20. 2020

RUBKNSTKI5 LA%, P.A, .

Attorneys for Plaintiff

9130S. Dadeland Blvd„PH

Miami, FL 33156

Tel; (305) 661-6000

Fax: (305) 670-7555

Email; ramonrubensteinlaw,corn

ksalazar@rubensteinlaw.corn

eservice@rubensteinlaw,corn

By; Is/ Ramon Credo

Ramon Crego

Florida Bar No,: 91379

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 5 of 18
IN THE CIRCUIT COURT OF THE I 1TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

BARBARA GONZALEZ,

Plaintiff,

ROSS DRESS FOR LESS, INC., d/b/a ROSS

STORKS, INC.,

Defendant.

GENERAL JURISDICTION

DN ISION

CASE NO,:

PLAINTIFF'S REOVEST FOR PRODVCTION TO

DEFENDANT, ROSS DRI'.SS FOR LESS, INC., d/b/a ROSS STORKS. INC.

The Plaintiff, BARBARA GONZALEZ, by and through the undersigned attorneys,

I

hereby requests the Defendant, ROSS DRESS FOR LESS, INC., d/b/a ROSS STORES, INC„

produce for inspection and/or photocopying within forty-five (45) days from the date ofservice of

this request, pursuant to Fla,R,Civ.P., at RUBENSTEIN LAW, 9i 30 South Dadeland Boulevard,

PH, Miami, Florida 33156, the following:

l. The employee safety manual or other written document of the Defendant in effect

on June I, 2019 that discusses, touches„or concerns procedures for maintaining furniture in a safe

condition on the floor of its stores.

2, Any and all policies and/or procedures of the Defendant in effect on June 1, 2019

that discusses, touches, or concerns maintaining surveillance video footage after an incident

involving a customer being injured has been reported in the Defendant's store.

3, Any photographs taken by or on behalf of the Defendant that relates to the parties

and/or scene of the alleged occurrence on June 1, 2019.

4. Any and all statements obtained froin any party in this matter concerning any ofthe

issues in this lawsuit.

5. Any and all statements obtained from any person concerning any of the issues in

this lawsuit,

6. Any and all insurance policies that do or may provide coverage for any ofPlaintifFs

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 6 of 18
claims, injuries, or damages as described in the Complaint, including umbrella and excess policies.

7. Any and all surveillance or other video or recording depicting the interior and/or

exterior of the ROSS DRESS FOR LESS, INC., d/b/a ROSS STORES, INC., located 2525

Northeast 10th Court, Homestead, Florida 33033, Miami-Dade County, on June 1, 2019, including

the two hour period before the alleged incident and the two hour period after the alleged incident.

This request includes, but is not limited to, footage depicting the incident itself and any footage

depicting the Plaintiff.

8. All records, writings or other written rnernoranda concerning any other incidents

with customers being injured by broken furniture at the store where this incident occurred„within

the last three (3) years,

9. All ordinances, regulations, rules, statutes, customs, practices and publications

upon which your defenses herein, if any, are based,

10. A list ofthe names and addresses (including clock-in/time records) of all employees

employed at ROSS DRESS FOR LESS, INC., d/b/a ROSS STORKS, I'NC,, located at 2525

Northeast 10th Court, Homestead, Florida 33033, Miatni-Dade County„on duty on the floor/area

where Plaintiff fell on the day of the incident,

11. Any and all incident reports or accident reports pertaining to the subject incident.

12. A list of the names and addresses of all individuals and/or entities that were

responsible for maintaining the area where Plaintiff fell on the day ofthe incident,

13. A copy of any report created as a result of PlaintifFs incident on June 1, 2019, that

was signed and/or filled out by Plaintiff.

14, A copy of any witness statement, incident report, or other document created as a

result of PlaintifFs incident on June 1, 2019.

15. A map (aerial view) ofthe Defendant's store located at 2525 Northeast 10th Court„

Homestead, Florida 33033, identifying the layout of the store as it existed on the date of the

incident,

16, A map of where surveillance cameras are placed within the store on the date of

incident and what aisle or aisles the survei1 lance cameras depict/capture,

18. Any document, photograph„or video, identified in your answers to interrogatories,

19. The chair involved in the Plaintiff's incident.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 7 of 18
I HEREBY CERTIFY that a true and correct copy of the foregoing was attached to the

Complaint and Summons and served to the Defendant, ROSS DRESS FOR LESS, INC,, d/b/a

I

ROSS STORES, INC.

Dated: March 20. 2020

RUBKNSTKIN LAW, P.A,

Attorneys for Plaintiff

9130 S. Dadeland Blvd, PH

Miami, FL 33156

Tel: (305) 661-6000

FBA: (305) 670-7555

Email: ramonrubensteinlaw.corn

ksalazarrubensteinlaw,corn

eservicerubensteinlaw.corn

By; Is/ Ramon Credo

Ramon Crego

Florida Bar No.: 91379

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 8 of 18
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR M lAMI-DADE COUNTY, FLORIDA

BARBARA GONZALEZ,

Plainti ff,

ROSS DRESS FOR LESS,INC., d/b/a ROSS

STORES, INC.,

Defendant.

GENERAL JURISDICTION

CASE

NO„'LAINTIFF'S

NOTICE OF SERVING INITIAL INTERROGATORIES TO

DEFENDANT ROSS DRESS FOR LESS.INC.. d/b/a ROSS STORKS. INC.

Tkc Plaintiff, BARBARA GONZALEZ, by and through the undersigned attorney, hereby

gives notice of propounding Plaintiff's Initial Interrogatories upon tke Defendant, ROSS DRESS

FOR LESS, INC., d/b/a ROSS STORES, INC. to be answered within forty-five (45) days from

the date ofservice pursuant to the Florida Rules of Civil Procedure,

I HEREBY CERTIFY that a true and correct copy of the foregoing was attacked to the

Complaint and Summons and served to the Defendant, ROSS DRESS FOR LESS, INC,, d/b/a

ROSS STORKS, INC„

Dated: March 20. 2020

RUBKNSTKIN LAW, P,A.

Attorneys for Plaintiff

9130 S, Dadeland Blvd, PH

Miami, FL 33156

Tel: (305) 661-6000

Fax; (305) 670-7555

Email: ramonrubensteinlaw.corn

ksalazar@rubensteinlaw.corn

eservice@rubensteinlaw,corn

By; Is/ Rrrmon Credo

Ramon Crego

Florida Bar No,: 91379

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 9 of 18
PLAINTIFF'S INITIAL INTERROGATORIES TO DEFENDANT, ROSS DRESS FOR

LESS, INC„d/b/a ROSS STORKS, INC.

(1fanswering for another person or entity, answer with respect to that person or entity, unless

otherwi se stated)

1. State the full name, address and position with Defendant of the person answering these

interrogatories,

2, State the full name, address and position with Defendant of the person(s) who was

responsible for the inspection and/or maintenance, of the chairs in the area where Plaintiff

fell on June 1, 2019.

State whether the Defendant, its agents, servants or employees received any complaints on

June 1, 2019, about the condition ofthe chair involved in'the incident in which the Plaintiff

fell prior to Plaintiff's fall on June 1, 2019.Please provide the fuH name(s) and address(es)

ofthe person(s) who made the complaint, the date and time ofthe complaint, and the nature

of the complaint,

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 10 of 18
Please state whether there have been any other incidents involving chairs breaking under

customers at the store where this incident occurred and in the same general area where this

incident occurred during the three years prior to the subject incident? If so, please provide:

(a) Number of incidents involving broken chairs?

(b) Date of each incident involving broken chairs'?

(c) Name, address and telephone number of each person whose chair broke?

(d) Whether or not the person reported any injuries?

With respect to each occurrence identified in the preceding question, please state the

following:

(a) Whether Fire Rescue reported to the scene?

(b) Whether a claim was made against the Defendant?

(c) Whether a lawsuit was filed, and if so, please provide the case number?

6..State the full name and address of each eyewitness to all or part of Plaintiffs incident on

June I, 2019.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 11 of 18
7, State the full name, address, and phone number of all persons, including employees, who

were at or near the scene of Plaintiffs accident within one (1) hour before the incident on

June 1, 2019,

8. State the full name, address, and phone number of all persons, including employees, who

arrived at the accident scene within one (I) hour after Plaintiff s incident on June 1, 2019.

9, State the full name, address, and phone number of each person(s) who investigated the

facts and circumstances of Plaintiffs incident on June 1, 2019 for you or your insurance

carrier.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 12 of 18
10, State the full name, address, and phone number of all persons, including employees, who

has given or provided a statement concerning Plaintiffs incident on June 1, 2019.

11. If a report was made by an agent, servant or employee of the Defendant in the ordinary

course of business with respect to Plaintiff's incident on June 1, 2019, state full name and

address of the person who made the report, the date it was made and in whose custody it

Is.

12. State the full name(s) and address(es) of each person(s) who is believed or known by you,

your agents or attorneys to have any knowledge concerning any ofthe issues in this lawsuit,

and specify the subject matter about which the witness has knowledge.

13, Describe the frequency and times of inspections of the incident area prior to the incident

on June 1, 2019, State the full name, address, and job title of the person who made thc last

inspection of the area where the Plaintiffs incident occurred.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 13 of 18
14. State the full name, address, and job title of each employee ofthe Defendant who responded

to Plaintiff's fall on June 1, 2019.

15. State whether you have within your possession or control photographs ofthe incident scene

as it existed at the time of the Plaintiff's incident on June I, 2019 or any photographs of

Plaintiff on June 1, 2019. Ifso, describe any and all such photographs, including the name,

address, and job title of the person who took the photographs and the date the photographs

were taken.

16. Give a concise statement of the facts as to how you contend the Plaintiffs incident took

place on June I, 2019.

17, If you contend that the Plaintiff acted in such manner as to cause or contribute to the

incident on June 1, 2019, give a concise statement of the fact upon which you rely.

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 14 of 18
18, Do you contend that any other person, entity, or corporation acted in such a manner so as

to cause or contribute to the Plaintiff's fall on June I, 2019 as described in the Complaint?

If so, please state the full name, address, telephone number of the other person, entity or

corporation, and the basis for your contention.

19, Describe any and all policies of insurance which you contend cover you for the allegations

set forth in Plaintif's Complaint, detailing as to such policies the name of the insurance,

the number of the policy, the effective dates of the policy, the available limits of liability,

and the name and address of the custodian ofthe policy,

20, Did the Defendant have security cameras operating within the store located at 2525

Northeast 10th Court, Homestead, Florida 33033, on the date of the subject accident?

Additionally, did the Defendant have security cameras operating in the area where

PlaintifFs incident on June 1, 2019 took place? Ifso, did the security cameras capture this

incident as it occurred?

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 15 of 18
21. Ifthe answer to interrogatory 020 was yes, please provide the complete name and address

ofthe individual who has the most knowledge concerning the operation, maintenance and

preservation of the security cameras and security tapes.

22, If the answer to interrogatory 020 is yes, does Defendant have video recording footage

from the day of the PlaintifFs fall on Junc 1, 2019, ofthe store and any video which depicts

Plaintiff including the two-hour period before and after the fall? If so, please provide the

name and address of the custodian of thc tape, lf a period before and after the fall is

maintained, state how much time before and after the fall is recorded/maintained. If

Defendant had in its possession this tape, but no longer has the tape, please provide the

name and address ofthe individual with the most knowledge concerning what happened to

the surveillance tape,

23, Is the Defendant properly named in the style ofthe case? If not, please provide the complete

and proper name of the corporate defendant and the name and address of the registered

agent to allow the Plaintiff to properly serve the corporate Defendant,

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 16 of 18
STATE OF FLORIDA

COUNTY OF

BEFORE ME, the undersigned authority, personally appeared

, who being duly sworn, deposes and says that the answers to

Interrogatories attached hereto are true to the best of his/her knowledge, information and belief.

SWORN TO AND SUBSCRIBED before me on this day of

, 2020.

NOTARY PUBLIC„STATE OF FLORIDA

AT LARGE

My Commission Expires:

Personally known;

or Produced Identification:

Type ofIdentification Produced:

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 17 of 18
Filing 0 107090838 E-Filed 05/05/2020 04:06:44PM

96126-7

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

BARBARA GONZALEZ,

Plaintiff,

CIRCUIT CIVIL DIVISION

CASE NO, 2020-006729-CA-01

vs,

ROSS DRESS FOR LESS, INC,, d/b/a

ROSS STORES, INC.,

Defendant,

NOTICE OF APPEARANCE

PLEASE take notice that Jason A. Glusman, Esquire of the law firm of WICIMR SMITH

O'ARA MCCOY & FORD, P.A,, enters an appearance in the above-styled case on behalf of

Ross Dress For Less, Inc. d/b/a Ross Stores, Inc.

WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida

ePortal to; Ramon O. Crego, Esquire, ramon@rubensteinlaw.corn; ksalazar@rubensteinlaw,corn;

eservice@rubensteinlaw.corn; on this 5"'ay of May, 2020.

Is/ Jason 2, Glusman

Jason A. Glusman, Esquire

Florida Bar No. 0419400

WICIWR SMITH O'ARA MCCOY & FORD, P,A.

Attorneys for Ross Dress For Less, Inc. d/b/a

Ross Stores, Inc,

515 E. Las Olas Boulevard

SunTrust Center, Suite 1400

Ft. Lauderdale, FL 33301

Phone: (954) 847-4800

Fax: (954) 760-9353

ftlcrtpleadines@wickersmith.corn

Case 1:20-cv-22225-FAM Document 1-1 Entered on FLSD Docket 05/28/2020 Page 18 of 18