FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of

pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the

Clerk of Court for the purpose of reporting data pursuant to section 25.075, Florida Statutes. (See instructions

for completion.)

I. CASE STYLE

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Case No.: _________________

Judge: ____________________

Sandra Ohannesian

Plaintiff

 vs.

Lowes Miami Beach Hotel Operating Company, Inc.

Defendant

II. AMOUNT OF CLAIM

Please indicate the estimated amount of the claim rounded to the nearest dollar $30,001

III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the

most descriptive label is a subcategory (is indented under a broader category), place an x on both the main

category and subcategory lines.

☐ Condominium

☐ Contracts and indebtedness

☐ Eminent domain

☐ Auto negligence

☒ Negligence – other

 ☐ Business governance

 ☐ Business torts

 ☐ Environmental/Toxic tort

 ☐ Third party indemnification

 ☐ Construction defect

 ☐ Mass tort

 ☐ Negligent security

 ☐ Nursing home negligence

 ☒ Premises liability – commercial

 ☐ Premises liability – residential

☐ Products liability

☐ Real Property/Mortgage foreclosure

 ☐ Commercial foreclosure

 ☐ Homestead residential foreclosure

 ☐ Non-homestead residential foreclosure

 ☐ Other real property actions

 ☐ Professional malpractice

 ☐ Malpractice – business

 ☐ Malpractice – medical

 ☐ Malpractice – other professional

 ☐ Other

 ☐ Antitrust/Trade Regulation

 ☐ Business Transaction

 ☐ Circuit Civil - Not Applicable

 ☐ Constitutional challenge-statute or ordinance

 ☐ Constitutional challenge-proposed amendment

 ☐ Corporate Trusts

 ☐ Discrimination-employment or other

 ☐ Insurance claims

 ☐ Intellectual property

 ☐ Libel/Slander

 ☐ Shareholder derivative action

 ☐ Securities litigation

 ☐ Trade secrets

 ☐ Trust litigation

 ☐ County Civil

 ☐ Small Claims up to $8,000 

 ☐ Civil 

 ☐ Replevins

 ☐ Evictions

 ☐ Other civil (non-monetary)

 

Filing # 107549844 E-Filed 05/15/2020 03:16:26 PM Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 1 of 23
COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the

Administrative Order. Yes ☐ No ☒

IV. REMEDIES SOUGHT (check all that apply):

☒ Monetary;

☐ Non-monetary declaratory or injunctive relief;

☐ Punitive

V. NUMBER OF CAUSES OF ACTION: 

(Specify)

1

VI. IS THIS CASE A CLASS ACTION LAWSUIT?

☐ Yes

☒ No

VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

☒ No

☐ Yes – If “yes” list all related cases by name, case number and court:

VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?

 ☒ Yes

 ☐ No

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and

that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.

Signature: s/ Chad Nolan Horowitz 

Attorney or party

FL Bar No.: 494887 

(Bar number, if attorney)

 Chad Nolan Horowitz

 (Type or print name)

 Date: 05/15/2020

Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 2 of 23





CASE NO.:2020-010506-CA 

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT 

IN AND FOR MIAMI-DADE COUNTY, FLORIDA 

SANDRA OHANNESIAN, CASE NO.: 2020-010506-CA 

 Plaintiff, 

vs. 

LOEWS MIAMI BEACH HOTEL 

OPERATTING COMPNAY, INC., 

A Florida Profit Corporation 

 Defendants. 

/ 

SUMMONS

THE STATE OF FLORIDA

To Each Sheriff of the State:

YOU ARE COMMANDED to serve this summons and a copy of the Complaint 

or Petition in this action on the Defendant:

Lowes Miami Beach Hotel Operating Company, Inc. 

c/o The Prentice-Hall Corporation System, Inc. 

1201 Hays St., Suite 105 

Tallahassee, FL 32301 

Each Defendant is required to serve written defenses to the complaint or petition 

on CHAD N. HOROWITZ, ESQ., Plaintiffs attorney, whose address is 1375 

Gateway Blvd., Boynton Beach, FL. 33426, 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 Plaintiffs 

attorney or immediately thereafter. If a Defendant fails to do so, a default will be 

entered against that Defendant for the relief demanded in the complaint or petition.

DATED on

By _ As Clerk of the Court

As Deputy Clerk

Filing # 107610320 E-Filed 05/18/2020 12:51:25 PM Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 8 of 23
Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 9 of 23






Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 16 of 23
IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA 

SANDRA OHANNESIAN, CIRCUIT CIVIL DIVISION

Plaintiff, CASE NO.: 20-010506 CA 05

v.

LOEWS MIAMI BEACH HOTEL

OPERATING COMPANY, INC., 

A Florida Profit Corporation,

Defendant.

_____________________________________/

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that Maria E. Dalmanieras, Esq. of the law firm of Boyd 

Richards Parker & Colonnelli, P.L., 100 SE 2nd Street, Suite 2600, Miami, Florida 33131, 

hereby notices her appearance as counsel for Defendant, LOEWS MIAMI BEACH HOTEL 

OPERATING COMPANY, INC., and requests that copies of all future pleadings, etc., filed 

in this case be directed to her.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the above and foregoing was 

electronically filed with the Clerk of Court via the Florida Courts E-Filing Portal and 

furnished to the following counsel of record on the 23rd day of June, 2020: Chad N. 

Horowitz, Esq. (Attorney for Plaintiff) horowitzlaw@bellsouth.net, 1375 Gateway Blvd., 

Boynton Beach, FL 33426. 

BOYD RICHARDS PARKER & COLONNELLI, P.L.

Counsel for Defendant

100 SE 2nd Street, Suite 2600

Miami, FL 33131

Tel: (786) 425-1045/ Fax: (786) 425-3905

Primary Email: servicemia@boydlawgroup.com

Secondary Email: mdalmanieras@boydlawgroup.com

 hvidal@boydlawgroup.com

By: /s/ Maria E. Dalmanieras 

MARIA E. DALMANIERAS, ESQ.

Florida Bar No.: 179825

Filing # 109291024 E-Filed 06/23/2020 04:09:27 PM Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 17 of 23
IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA 

SANDRA OHANNESIAN, CIRCUIT CIVIL DIVISION

Plaintiff, CASE NO.: 20-010506 CA 05

v.

LOEWS MIAMI BEACH HOTEL

OPERATING COMPANY, INC., 

A Florida Profit Corporation,

Defendant.

_____________________________________/

DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME

TO RESPOND TO THE AMENDED COMPLAINT

Defendant, LOEWS MIAMI BEACH HOTEL OPERATING COMPANY, INC., 

pursuant to 1.090(b), Florida Rules of Civil Procedure, hereby moves for an enlargement of 

time to respond to Plaintiff’s Amended Complaint, and says:

1. Defendant was served with Plaintiff’s Amended Complaint on June 3, 2020. 

Accordingly, Defendant’s response thereto is due on June 23, 2020. 

2. Defense counsel was only recently retained to represent the Defendant and has 

not had enough time to adequately review the allegations and the facts herein to respond to 

Plaintiff’s Complaint.

3. The Defendant has meritorious defenses, and no prejudice will result to 

Plaintiff if this Motion is granted and an enlargement of time is allowed. Conversely, 

Defendant will be severely prejudiced if not allowed additional time to respond to Plaintiff’s 

Complaint. Moreover, additional time may allow the narrowing of issues to be litigated in 

this matter.

Filing # 109291024 E-Filed 06/23/2020 04:09:27 PM Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 18 of 23
Sandra Ohannesian v. Loews Miami Beach Hotel

11th Judicial Circuit Court Case No.: 20-010506 CA 05

Page 2

____________________________________________________________________________________________

WHEREFORE, Defendant, LOEWS MIAMI BEACH HOTEL OPERATING 

COMPANY, INC., hereby requests that the Court enter an Order allowing it fifteen (15) 

additional days from the date of the Order granting this motion in which to respond to 

Plaintiff’s Amended Complaint.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the above and foregoing was 

electronically filed with the Clerk of Court via the Florida Courts E-Filing Portal and 

furnished to the following counsel of record on the 23rd day of June, 2020: Chad N. 

Horowitz, Esq. (Attorney for Plaintiff) horowitzlaw@bellsouth.net, 1375 Gateway Blvd., 

Boynton Beach, FL 33426. 

BOYD RICHARDS PARKER & COLONNELLI, P.L.

Counsel for Defendant

100 SE 2nd Street, Suite 2600

Miami, FL 33131

Tel: (786) 425-1045/ Fax: (786) 425-3905

Primary Email: servicemia@boydlawgroup.com

Secondary Email: mdalmanieras@boydlawgroup.com

 hvidal@boydlawgroup.com

By: /s/ Maria E. Dalmanieras 

MARIA E. DALMANIERAS, ESQ.

Florida Bar No.: 179825

Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 19 of 23
IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA 

SANDRA OHANNESIAN, CIRCUIT CIVIL DIVISION

Plaintiff, CASE NO.: 20-010506 CA 05

v.

LOEWS MIAMI BEACH HOTEL

OPERATING COMPANY, INC., 

A Florida Profit Corporation,

Defendant.

_____________________________________/

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND 

DEMAND FOR JURY TRIAL

TO PLAINTIFF’S AMENDED COMPLAINT

Defendant, LOEWS MIAMI BEACH HOTEL OPERATING COMPANY, INC., in 

answer to Plaintiff’s Amended Complaint, says:

1. It admits that it operated the premises located at 1601 Collins Avenue in 

Miami Beach, Florida on May 5, 2019 as alleged in paragraph 4 and denies the remainder of 

the allegations contained therein not heretofore specifically admitted.

2. It denies each and every remaining allegation contained therein not heretofore

specifically admitted.

3. It is not guilty.

4. It affirmatively alleges that, at the time and place set forth therein, Plaintiff,

SANDRA OHANNESIAN, was under a duty to exercise due care in her own regard, but, 

notwithstanding that duty, she so negligently and carelessly conducted herself in the 

premises such that her conduct was the sole and proximate cause of and/or a contributing 

Filing # 109816816 E-Filed 07/06/2020 02:19:08 PM Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 20 of 23
Sandra Ohannesian v. Loews Miami Beach Hotel

11th Judicial Circuit Court Case No.: 20-010506 CA 05

Page 2

____________________________________________________________________________________________ 

cause to the events of which she complains. Plaintiff’s right to recovery therefore is 

defeated or diminished as a result of said conduct.

5. It affirmatively alleges that it is entitled to a setoff for the amount of any and

all moneys paid to Plaintiff and/or recovered by her in any manner, and for the amount of 

any and all discounted expenses, from judgment or otherwise, from any party or non-party to 

this action. 

6. It affirmatively alleges that Plaintiff failed to mitigate her damages. 

Plaintiff’s right to recovery therefore is defeated or diminished as a result of said conduct. 

7. It affirmatively alleges that there was no negligence on the part of Defendant

that caused injury to Plaintiff as alleged in the Amended Complaint. Plaintiff’s right to 

recovery therefore is defeated. 

8. It affirmatively alleges that Plaintiff, SANDRA OHANNESIAN’s physical

injuries, damages, and/or conditions, if any, were pre-existing and/or caused by the natural 

progression of an underlying disease or illness, and not proximately caused by any trauma as 

alleged in the Amended Complaint. Plaintiff’s right to recovery therefore is defeated.

9. It affirmatively alleges that Plaintiff, SANDRA OHANNESIAN’s injuries, if 

any, were caused by the intervening and/or superseding negligence of Plaintiff. Plaintiff’s 

right to recovery therefore is defeated or diminished as a result thereof. 

10. It affirmatively alleges that Plaintiff’s injuries, if any, were caused by the

intervening and/or superseding negligence of third-parties over which this Defendant had no 

control. Plaintiff’s right to recovery therefore is defeated or diminished as a result thereof. 

Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 21 of 23
Sandra Ohannesian v. Loews Miami Beach Hotel

11th Judicial Circuit Court Case No.: 20-010506 CA 05

Page 3

____________________________________________________________________________________________

11. It affirmatively alleges that the dangerous condition of which Plaintiff 

complains was open and obvious. Plaintiff’s right to recovery therefore is defeated or 

diminished as a result thereof. 

12. It affirmatively alleges that there was no duty to warn Plaintiff, SANDRA 

OHANNESIAN, on the part of Defendant of the hazardous condition alleged herein. 

Plaintiff’s right to recovery therefore is defeated as a result thereof.

13. It affirmatively alleges that pursuant to the §768.0755, Florida Statutes, 

Plaintiff has the burden to prove that the Defendant was on notice of the alleged dangerous 

condition and should have taken action to remedy it, in the absence thereof, her claim for 

damages is defeated.

DEMAND FOR JURY TRIAL

Defendant, LOEWS MIAMI BEACH HOTEL OPERATING COMPANY, INC., 

hereby demands trial by jury on all issues triable as of right by jury.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the above and foregoing was 

electronically filed with the Clerk of Court via the Florida Courts E-Filing Portal and 

furnished to the following counsel of record on the 6th day of July, 2020: Chad N. Horowitz, 

Esq. (Attorney for Plaintiff) horowitzlaw@bellsouth.net, Law Offices of Chad Nolan 

Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 22 of 23
Sandra Ohannesian v. Loews Miami Beach Hotel

11th Judicial Circuit Court Case No.: 20-010506 CA 05

Page 4

____________________________________________________________________________________________

Horowitz, P.A., 1375 Gateway Blvd., Boynton Beach, FL 33426. 

BOYD RICHARDS PARKER & COLONNELLI, P.L.

Counsel for Defendant

100 SE 2nd Street, Suite 2600

Miami, FL 33131

Tel: (786) 425-1045/ Fax: (786) 425-3905

Primary Email: servicemia@boydlawgroup.com

Secondary Email: mdalmanieras@boydlawgroup.com

 hvidal@boydlawgroup.com

By: /s/ Maria E. Dalmanieras 

MARIA E. DALMANIERAS, ESQ.

Florida Bar No.: 179825

Case 1:20-cv-22769-CMA Document 1-2 Entered on FLSD Docket 07/06/2020 Page 23 of 23