[800003.000/4983192/1]

EXHIBIT “A”

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 1 of 7
IN THE CIRCUIT COURT OF THE 

11TH JUDICIAL CIRCUIT, IN AND 

FOR MIAMI-DADE COUNTY, FLORIDA 

GENERAL JURISDICTION DIVISION 

CASE NO. 19-024430 CA 22 

GABY MALDONADO, 

Plaintiff, 

vs. 

MACY'S FLORIDA STORES, LLC 

ancl L'OREAL USA, INC., 

Defendants. 

SECOND AMENDED COMPLAINT FOR DAMAGES 

COMES NOW the Plaintiff, GABY MALDONADO, by and through 

undersigned counsel and sues the Defendants, MACY'S FLORIDA STORES, LLC and 

L'OREAL USA, INC., and alleges as follows: 

1. That this is an action for damages in excess of Thirty Thousand 

($30,000.00) Dollars. 

2. That the Plaintiff, GABY MALDONADO, at all times material and 

relevant hereto was a resident of Miami, Miami-Dade County, Florida, and is sui juris. 

3. That the Defendant, MACY'S FLORIDA STORES, LLC, is and has 

been at all. times material hereto licensed to do business in the State of Florida. 

4. That the Defendant, L'OREAL USA, INC., is and has been at all times 

material hereto licensed to do business in the State of Florida. 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 2 of 7
COUfdT I 

(Claim Against Defendant, MACY'S FLORIDA STORES LLPJ 

The Plaintiff reaffirms and realleges each and every allegation contained in 

paragraphs 1 through 4 as if fully set forth herein. 

5. That on oraboutJuly 7, 2018, the Plaintiff, GABY MALDONADO, was 

lawfully on the premises of the De.fendant, MACY'S FLORIDA STORES, LLC, located at 

7303 North Kendall Drive, Miami, Miami-Dade County, Florida, as a business invitee. 

6. That on or about July 7, 2018, the Defendant, MACY'S FLORIDA 

STORES, LLC, by and through its agents, employees, and/or servants, had exclusive 

dominion, possession and control of the premises. 

7. That on or about July 7, 2018, the Defendant, MACY'S FLORIDA 

STORES, LLC, by and through its agents, employees, and/or servants, negligently and 

carelessly maintained the above mentioned premises, to-wit: The Plaintiff was gefting a 

facial on the Defendant's premises, and when the Plaintiff laid on a table, the table 

collapsed, causing the Plaintiff, GABY MALDONADO, to fall and seriously injure herself. 

8: That the Defendant, MACY'S FLORIDA STORES, LLC, either knew 

or should have known of the existence of the dangerous condition of the facial table and 

should have taken steps to warn the Plaintiff, GABY MALDONADO, of the existence of the 

dangerous condition. 

9. That the Defendant, MACY'S FLORIDA STORES, LLC, had a nondelegable duty to maintain the facial tables in a reasonably safe and proper condition for 

the general public. 

10. That the Defendant failed to maintain said facial table in a safe and 

proper condition. 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 3 of 7
11. Thatthe Defendant, MACY'S FLORIDA STORES, LLC, was negligent 

in creating or permitting the aforementioned dangerous and hazardous co.ndition to remain - 

upon the premises, rendering said premises dangerous and unsafe for the Plaintiff. 

12. Thatthe Defendant, MACY'S FLORIDA STORES, LLC, failed towarn 

the Plaintiff, GABY MALDONADO, of the aforementioned condition and the risk involved 

in as much as the presence of the Plaintiff, GABY MALDONADO, was known or 

reasonably foreseeable by the Defendant, MACY'S FLORIDA STORES, LLC, and the 

Plaintiff, GABY MALDONADO, neither knew nor should have known of said condition and 

risk by the use of reasonable care. 

13. That as a result of the Defendant's negligence, Plaintiff, GABY 

MALDONADO, was severely injured 

14. That as a direct and proximate result of the negligence of the 

Defendant, MACY'S FLORIDA STORES, LLC, the Plaintiff, GABY MALDONADO, was 

injured in and about her body and extremities, suffered pain therefrom, suffered physical 

handicap, lost wages, loss of ability to earn money in the past and in the future, 

aggravation of a previously existing condition and suffered the inability to lead a normal life; 

all of which are permanent and continuing in nature. 

15. In addition, as a direct and proximate result of the Defendant, MACY'S 

FLORIDA STORES, LLC, the Plaintiff, GABY MALDONADO, incurred medical expenses 

in the treatment of injuries and will continue'to incur said expenses in the future. 

WHEREFORE, Plaintiff demands judgment for damages against the 

i Defendant, MACY'S FLORIDA STORES, LLC, and a trial by jury of all issues triable as a 

right by a jury. 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 4 of 7
COUNT II 

(Claim Against Defendant, L'OREAL USA INC ) 

The Plaintiff reaffirms and realleges each and every allegation contained in 

paragraphs 1 through 4 as if fully set forth herein. 

16. That on or about July 7, 2018, the Plaintiff, GABY MALDONADO, was 

lawfully on the premises of the Defendant, MACY'S FLORIDA STORES, LLC, located at 

7303 North Kendall Drive, Miami, Miami-Dade County, Florida, as a business invitee. 

17. That on or about July 7, 2018, the Defendant, L'OREAL USA, INC., 

by and- through its agents, employees, and/or servants, had exclusive dominion, 

p.ossession and control.of the premises. 

18. That on or about July 7, 2018, the Defendant, L'OREAL USA, INC.,. 

by and through its agents, employees, and/or servants, negligently and carelessly 

maintained the above mentioned premises, to-wit: The Plaintiff was getting a facial on the 

Defendant's premises, and when the Plaintiff laid on a table, the table collapsed, causing 

the Plaintiff, GABY MALDONADO, to fall and seriously injure herself. 

19. That the Defendant, L'OREAL USA, INC., either knew or should have 

known of the existence of the dangerous condition of the facial table and should have 

taken steps to warn the Plaintiff, GABY MALDONADO, of the existence of the dangerous 

.condition. 

20. That the Defendant, L'OREAL USA, INC., had a non-delegable duty 

to maintain the facial tables in a reasonably safe and proper condition for the general 

public. 

21. Thatthe Defendant, L'OREAL USA, INC., failed to maintain said facial 

table in a safe and proper condition. 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 5 of 7
22. That the Defendant, L'OREAL USA, INC., was negligent in cre.ating 

or permitting the aforementioned dangerous and hazardous condition to remain upon the 

premises, rendering said premises dangerous and unsafe for the Plaintiff. 

23. That the Defendant, L'OREAL USA, INC., failed to warn the Plaintiff, 

GABY MALDONADO, of the aforementioned condition and the risk involved in as much 

as the presence of the Plaintiff, GABY MALDONADO, was known or reasonably 

foreseeable by the Defendant, L'OREAL USA, INC., and the Plaintiff, GABY 

MALDONADO, neither knew nor should have known of said condition and risk by the use 

of reasonable care. 

24. That as a result of the Defendant's negligence, Plaintiff, GABY 

MALDONADO, was severely injured. 

25. That as a direct and proximate result of the negligence of the 

Defendant, L'OREAL USA, INC., the Plaintiff, GABY MALDONADO, was injured in and 

about her body and extremities, suffered pain therefrom, suffered physical handicap, lost 

wages, loss of ability to earn money in the past and in the future, aggravation of a 

previously existing condition and suffered the inability to lead a normal life; all of which are 

permanent and continuing in nature. 

26. In addition, as a direct and proximate result of the Defendant, 

L'OREAL USA, INC., the Plaintiff, GABY MALDONADO, incurred medical expenses in the 

treatment of injuries and will continue to incur said expenses in the future. 

WHEREFORE, Plaintiff demands judgment for damages against the 

Defendant, L'OREAL USA, INC., and a trial by jury of all issues triable as a right by a jury. 

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

emailed this 17th day of April 2020 to: Robert J. Squire, Esquire and Rahysa Vargas, 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 6 of 7
Esquire, Resnick & Louis, P.C., 444 Brickell Avenue, Suite 300, Miami, Florida 33131, 

786-292-2080 (Email: rsquire@rlattorneys.com; rvargas@rlattorneys.com; 

jarrechea@rlattorneys.com; riacayo@rlattorneys.com). 

Respectfully submitted, 

LAW OFFICES OF WILLIAM C. RUGGIERO 

Attorneys for Plaintiff 

Museum Plaza, Suite 703 

200 South Andrews Avenue 

Fort Lauderdale, Florida 33301 

Phone: (954) 462-2300 

Email: Ruggiero@wcrlaw.com 

BY: lsl TAairrL C. & w' 

WILLIAM C. RUG 

Florida Bar No. 878499 

WCR:frt 

Case 1:20-cv-22758-FAM Document 1-1 Entered on FLSD Docket 07/03/2020 Page 7 of 7