UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PALM BEACH DIVISION

CASE NO.: 

PABLO Z. FIGUEROA,

and other similarly situated individuals,

Plaintiff(s),

v.

INVESTMENT MANAGEMENT I, LLC,

d/b/a INVESTMENT LIMITED,

and CALET MARQUEZ, individually,

Defendants,

__________________________________/ 

COMPLAINT

The Plaintiff PABLO Z. FIGUEROA, by and through undersigned counsel, hereby 

sues Defendant INVESTMENT MANAGEMENT I. LLC, d/b/a INVESTMENTS 

LIMITED, and CALET MARQUEZ on the grounds set forth herein. 

INTRODUCTION

1. This is an action by Plaintiff PABLO Z. FIGUEROA, under 42 U.S.C. §1981 (Civil 

Rights Act of 1866),to redress the injury done to him by the Defendant’s

discriminatory treatment based of his Race and Color (Black). 

2. The Plaintiff also brings an action under Florida State law claims for Assault and 

Battery, and additional action under the doctrine of Respondeat Superior Liability

JURISDICTION AND VENUE

3. This is an action for damages brought in excess of $15,000.00, exclusive of interest, 

attorney’s fees, and costs.

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4. This action is authorized and instituted pursuant to 42 U.S.C. §1981 (Civil Rights 

Act of 1866), as amended.

5. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §1331 and 

§1343. 

6. Plaintiff invokes this Court’s supplemental and pendant jurisdiction over Plaintiff’s 

state law claims because they arise out of the same nucleus of operative facts as the 

federal Case, and pursuant to 28 U.S.C. §§1332 and 1367. 

7. The venue of this action is properly placed in the Southern District of Florida, Palm 

Beach Division, pursuant to 28 U.S.C. §1391(b), since the employment practices 

hereafter alleged to be unlawful, were committed in Palm Beach County, within the 

jurisdiction of this Honorable Court. 

PARTIES

8. Plaintiff PABLO Z. FIGUEROA is a resident of Palm Beach County, who was 

employed by Defendant and is a member of certain protected classes of persons

because of his Race and Color (Black).

9. Corporate Defendant INVESTMENT MANAGEMENT I. LLC, d/b/a 

INVESTMENTS LIMITED (hereinafter INVESTMENTS LIMITED, or

“Defendant”), is a Florida for Profit Corporation having place of business in Palm 

Beach County, within the jurisdiction of this Court. The Defendant was engaged in 

interstate commerce. 

10. Individual Defendant Calet Marquez is an employee of Defendant 

INVESTMENTS LIMITED, and he is named and held liable in this Complaint just 

in reference to the counts of Assault and Battery under Florida State law. 

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11. At all times relevant to this complaint, Plaintiff PABLO Z. FIGUEROA was

employed by INVESTMENTS LIMITED, and the parties had a contractual 

relationship with each other. 

STATEMENT OF FACTS

12. Plaintiff PABLO Z. FIGUEROA is a 59-year-old Black male of Cuban National 

Origin. Plaintiff is a member of a protected class under and 42 U.S.C. §1981 (Civil 

Rights Act of 1866) because of his Race and Color, and because of his participation 

in protected activities within the meaning of Federal and State law.

13. The Defendant INVESTMENTS LIMITED is a property leasing, management, and 

maintenance company providing its services to commercial accounts.

14. The Defendant INVESTMENTS LIMITED employed Plaintiff PABLO Z. 

FIGUEROA as a non-exempted, full-time, hourly employee, approximately from 

September 2105 to March 03, 2020, or 4 years plus 6 months.

15. At the time of his termination Plaintiff’s wage-rate was approximately $15.00 an 

hour.

16. The Plaintiff worked at Island Shores Apartments, located at 1600 Island Shore 

Drive, Green Acres, FL 33413. 

17. During his time of employment, the Plaintiff worked as a maintenance employee. 

The Plaintiff’s duties included general maintenance work such as repairing, 

painting, plumbing, and light electric work for all the residential buildings managed 

by INVESTMENTS LIMITED. 

18. Throughout his employment with the Defendant, the Plaintiff performed his duties 

satisfactorily. The Plaintiff possessed all the required skills, training, and 

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qualifications for the job in question, and performed his duties without significant 

issue or controversy. 

19. However, during the time Plaintiff was employed by the Defendant, the Plaintiff 

was subjected to unlawful acts of discrimination, such as harassment, hostile 

working environment, and was further subjected to different terms and conditions 

of employment, and finally, he was subjected to a retaliatory discharge. All these 

actions were based on Plaintiff’s Race and Color.

20. The Plaintiff began to suffer discriminatory treatment due to his Race and Color

since Mr. Calet Marquez (White Cuban) was promoted to Supervisor, on or about 

January 2016.

21. The perpetrator of the unlawful discrimination against Plaintiff, was Supervisor, 

Mr. Calet Marquez, who supervised the maintenance operations of the business, 

and Plaintiff’s work.

22. Supervisor Calet Marquez harassed Plaintiff and subjected him to discriminatory 

and disrespectful treatment because of his Race and Color. 

23. Calet Marquez made derogatory comments against Black people. He made many 

racist and offensive statements to Plaintiff in front of his co-workers causing him 

humiliation and embarrassment.

24. Supervisor Calet Marquez harassed Plaintiff many times with racist remarks such 

as: “That is what Blacks are good for, to pick up garbage”, “Neg... are good for 

nothing”. 

25. Plaintiff confronted the Supervisor and let him know clearly that his conduct was 

completely offensive and unwelcome.

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26. Supervisor Calet Marquez ignored Plaintiff’s complaint and continued his racist 

comments against Plaintiff and all Black people, including Black workers. 

27. As soon as a Black worker was hired, Calet Marquez began his harassment to make 

him quit. Calet Marquez made negative comments like “I don’t know why the 

company hires these neg...”, “Neg.....are good for nothing”

28. Calet Marquez also directed his wrongful behavior to Black tenants of Island 

Shores Apartments. He stated “Ne...were disgusting, they should be sent back to 

their countries”, “I don’t understand why the company allows these Neg...to rent 

here”.

29. On or about February 2016, Plaintiff complained to Manager Cristina Paneto and 

Manager Assistant Walter Nicolas about discrimination and harassment based on

his Race and Color, committed by Supervisor Calet Marquez against him.

30. After Plaintiff complaint, Plaintiff just suffered increased harassment. Supervisor 

Calet Marquez continued his wrongful conduct without any consequences. 

Plaintiff realized that he was under a management staff with close family and 

friendship ties, and his complaint brought him only more harassment. 

31. Plaintiff continued working trying to not get in trouble with Supervisor Calet 

Marquez.

32. Supervisor Calet Marquez was openly hostile towards Plaintiff, and he assigned 

him the most difficult work. Every time the Supervisor talked to Plaintiff, he was 

very rude and yelled at him in front of other people.

33. Supervisors subjected Plaintiff to excessive job scrutiny and surveillance and he 

was admonished for any reason. The Plaintiff was blamed for anything that went 

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wrong; the Plaintiff was held responsible even for the faulty work of subcontractors 

hired by Calet Marquez. 

34. Supervisor Calet Marquez inspected every apartment Plaintiff worked in, looking 

for a reason to reprimand him. The supervisor harassed and intimidated the Plaintiff

daily. 

35. The frequent, severe, and offensive conduct of Supervisor Calet Marquez linked to 

Plaintiff’s Race and Color, created a hostile work environment for him, in violation 

of 42 U.S.C. §1981.

36. Plaintiff felt harassed, unwelcome, uncomfortable, humiliated, and intimidated in 

his place of work. The Plaintiff knew that the Management did not like him because 

he was Black, and they were looking for excuses to fire him. 

37. On or about August 13, 2019, Manager Cristina Paneto gave Plaintiff an unfair 

warning, Plaintiff objected and wrote a statement on the back of the warning 

complaining about discrimination and harassment.

38. On or about November 2019, Plaintiff complained to Manager Cristina Paneto 

about the abusive conduct of Calet Marquez. Manager Cristina Paneto told Plaintiff 

that Calet Marquez was his supervisor and that he had just to listen to him. Manager 

Cristina Paneto did not open a formal investigation and did not stop the 

discrimination and harassment.

39. On or about December 31, 2019, the Plaintiff took some pictures of a defective 

work performed by a subcontractor hired by Calet Marquez in apartment # 922 and 

sent the pictures to the Supervisor. As a result, there was an argument about the 

responsibility of a damaged cable, and Supervisor Calet Marquez got furious, he 

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insulted and threatened Plaintiff. Supervisor Calet Marquez told Plaintiff “you 

Neg.....you already got me tired”, then he used his two hands to push Plaintiff and 

slammed him against the door, Plaintiff hurt his back and his head, he did not fight 

back, he was paralyzed, in shock with severe chest pain, while Calet Marquez 

repeatedly threatened to cause Plaintiff and his son bodily harm.

40. Plaintiff called the Police and the rescue also was called. Plaintiff was taken to the 

E.R. with heart attack symptoms. He stayed at the hospital for one day, and he was 

prescribed 3 days of bed rest.

41. On or about January 6, 2020, Plaintiff returned to work, he was ordered to report to 

Manager Assistant Walter Nicolas.

42. On or about January 10, 2020, Plaintiff was presented with a warning that Plaintiff 

refused to sign. Instead, on or about January 13, 2020, Plaintiff wrote a letter 

complaining about the incident and the lack of action to stop the aggressive conduct 

of Supervisor Calet Marquez.

43. On or about January 15, 2020, there was a meeting in which the owner of the 

business, the attorney, and Manager Cristina Paneto were present. Plaintiff 

complained about the discrimination and harassment based on his Race and Color 

that he had been suffering for so long. Plaintiff was informed that Supervisor Calet 

Marquez would not be allowed to talk to him anymore. The owner of the business 

promised Plaintiff to transfer him to another position in another place and to pay 

his medical bills. 

44. Despite the Defendant’s promises, Supervisor Calet Marquez continued harassing 

Plaintiff.

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45. On February 21, 2020, Manager Cristina Paneto handed Plaintiff a memo about the 

meeting held on January 15, 2020, Plaintiff refused to sign it because the content 

did not reflect what was promised to him in the meeting. 

46. On or about February 24, 2020, the Plaintiff gave Manager Cristina Paneto a letter 

explaining the correct facts about the meeting. Manager Cristina Paneto got very 

upset and told Plaintiff that she was going to send the letter to the owner of the 

business.

47. On or about February 28, 2020, Manager Cristina Paneto asked Plaintiff how long 

he needed to look for another employment, Plaintiff in surprise answered, “I don’t 

know”. Manager Cristina Paneto replied, “Well, the owner said she gives you one 

week to find a new job”.

48. On or about March 02, 2020, Supervisor Calet Marquez approached Plaintiff and 

told him: “Don’t go yet, because we are going to have a meeting”. Present at the 

meeting were Plaintiff’s co-workers. Supervisor Calet Marquez informed; 

“Tomorrow is Pablo’s last day”.

49. On or about March 3, 2020, Plaintiff was called to the office where Manager 

Cristina Paneto showed Plaintiff a letter allegedly written by him, stating that this 

was his last day of work and that he was paid appropriately, and that Defendant was 

giving Plaintiff $1,000.00 for hospital bills and any present or future compensation. 

Plaintiff never received $1,000.00 or any other form of compensation.

50. On or about March 3, 2020, the Plaintiff was discharged by the Defendant, and 

Plaintiff’s discharge was directly and proximately caused by Defendant’s 

unjustified discrimination and retaliation against Plaintiff because he complained

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about unlawful discrimination and harassment in violation of both Federal and State 

Laws.

51. Moreover, the Plaintiff’s termination came just in temporal proximity after Plaintiff

participated in protected activity on February 24, 2020

52. Defendant INVESTMENTS LIMITED is subjected to vicarious liability for the 

actions of its management because it failed to take adequate remedial measures to 

halt the discrimination, harassment, and retaliation to which Plaintiff was subjected 

to despite Defendant’s knowledge that such discrimination, harassment, and 

retaliation was occurring.

COUNT I:

VIOLATION OF THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. SECTION 1981, 

DISCRIMINATION BASED ON RACE AND COLOR

53. Plaintiff PABLO Z. FIGUEROA re-adopts every factual allegation as stated in 

paragraphs 1-52 above as if set out in full herein. 

54. This is an action against INVESTMENTS LIMITED for unlawful discrimination 

pursuant to 42 U.S.C., Section 1981.

55. At all times material hereto Defendant INVESTMENTS LIMITED was an

“employer” within the meaning of Section 42 U.S.C. §1981.

56. At all times material hereto, Plaintiff PABLO Z. FIGUEROA was an “employee” 

and had a contractual relationship with the Defendant within the meaning of 42 

U.S.C. §1981.

57. Plaintiff PABLO Z. FIGUEROA had at all times material, and continue to have, a 

federally protected constitutional right to make and enforce contracts, to sue, to be 

parties, to give evidence and to be free from racially-based discrimination while 

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bargaining, negotiating, or entering into a contract, including the enjoyment of all 

benefits, privileges terms and conditions of the contractual relationship of his 

employment at INVESTMENTS LIMITED.

58. The Defendant has intentionally engaged in unlawful employment practices and 

discrimination, in violation of 42 U.S.C. § 1981, by treating the Plaintiff differently 

from similarly situated employees because of his Race and Color.

59. Defendant subjected Plaintiff PABLO Z. FIGUEROA to different adverse 

employment actions including but not limited to the following acts and omissions:

harassment, hostile working environment, and retaliatory discharge.

60. The effects of the practices referenced above have been to deprive the Plaintiff of 

equal employment opportunities, and otherwise adversely affected his status as an 

employee, because of his Race and Color.

61. As a direct and proximate result of the intentional violations by Defendant of the 

Plaintiff’s rights under 42 U.S.C. § 1981, by treating him differently from similarly 

situated employees, and subjecting him to racial harassment because of their Race 

and Color, Plaintiff has suffered damages. His damages include back pay, front pay,

loss of benefits, future pecuniary loss, inconvenience, emotional pain, suffering, 

mental anguish, loss of enjoyment of life, and other non-pecuniary losses.

62. The Plaintiff has suffered and will continue to suffer both irreparable injury and 

compensable damages as a result of the Defendant's discriminatory practices unless 

and until this Court grants relief. 

63. The actions of the Defendant INVESTMENTS LIMITED and/or agents were 

willful, wanton, intentional, and with malice or reckless indifference to the 

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Plaintiff’s statutorily protected rights, thus entitling Plaintiff to damages in the 

form of compensatory and punitive damages pursuant to federal law, to punish the 

Defendant INVESTMENTS LIMITED for its actions and to deter it, and others, 

from such actions in the future. 

64. Plaintiff PABLO Z. FIGUEROA has retained the undersigned counsel to prosecute 

his claims and he is entitled to attorney’s fees pursuant to 42 U.S.C. §1988, the 

Civil Rights Attorneys Fee Award Act.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff PABLO Z. FIGUEROA respectfully requests that this Honorable 

Court: 

A. Enter judgment for Plaintiff PABLO Z. FIGUEROA and against the Defendant

INVESTMENTS LIMITED based on the Defendant’s willful violations of 42 

U.S.C. §1981; and

B. Award Plaintiff compensatory damages including front pay, back pay, and lost 

benefits; and 

C. Award Plaintiff as to this count prejudgment interest; and

D. Award Plaintiff damages for the amount of the costs of litigation and filing 

including attorney’s fees; and 

E. Grant such other and further equitable relief as this court deems equitable and just 

and/or available pursuant to Federal Law including punitive damages. 

JURY TRIAL DEMAND

Plaintiff PABLO Z. FIGUEROA demands trial by a jury of all issues triable as of right by 

a jury.

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COUNT II:

RETALIATION IN VIOLATION OF THE CIVIL RIGHTS OF 1866, 

42 U.S.C., SECTION 1981

65. Plaintiff PABLO Z. FIGUEROA re-adopts every factual allegation as stated in 

paragraphs 1-52 of this complaint as if set out in full herein.

66. Plaintiff PABLO Z. FIGUEROA and Defendant INVESTMENTS LIMITED had 

a contractual relationship. 

67. Defendant INVESTMENTS LIMITED precluded Plaintiff from performing the 

stated contractual relationship when Defendant terminated Plaintiff. 

68. Defendant INVESTMENTS LIMITED terminated Plaintiff’s contractual 

relationship in retaliation for Plaintiff’s opposition to unlawful employment 

practices based on Race and Color as more particularly described above. 

69. The plaintiff was unable to enjoy all the benefits, privileges, terms, and conditions 

of his contractual relationship. 

70. The Defendant acted with malice and/or reckless disregard for Plaintiff’s protected 

rights.

71. Plaintiff has retained the undersigned counsel to prosecute his claims and is entitled 

to attorney’s fees pursuant to 42 U.S.C. §1988, the Civil Rights Attorneys Fee 

Award Act.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff PABLO Z. FIGUEROA respectfully requests that this Honorable 

Court:

A. Enter judgment for Plaintiff and against Defendant INVESTMENTS LIMITED

based on the Defendant’s willful violations of 42 U.S.C. §1981; and

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B. Award Plaintiff PABLO Z. FIGUEROA compensatory damages including front 

pay, back pay, and lost benefits; and 

C. Award Plaintiff PABLO Z. FIGUEROA as to this count prejudgment interest; and

D. Award Plaintiff PABLO Z. FIGUEROA damages for the costs of litigation and 

filing including attorney’s fees; and 

E. Grant such other and further equitable relief as this court deems equitable and just 

and/or available pursuant to Federal Law including punitive damages. 

JURY TRIAL DEMAND

Plaintiff PABLO Z. FIGUEROA demands trial by a jury of all issues triable as of right 

by a jury.

COUNT III

ASSAULT BASED UPON THE ACTIONS OF SUPERVISOR CALET 

MARQUEZ, AGAINST ALL DEFENDANTS

72. Plaintiff PABLO Z. FIGUEROA re-adopts every factual allegation as stated in 

paragraphs 1-52 of this Complaint as if set out in full herein.

73. At all times material hereto, Plaintiff PABLO Z. FIGUEROA was employed by 

INVESTMENTS LIMITED as a maintenance employee. 

74. At all times material hereto, Defendant CALET MARQUEZ was employed by 

INVESTMENTS LIMITED as a maintenance supervisor. 

75. At all times relevant hereto, PABLO Z. FIGUEROA and CALET MARQUEZ were

both employees of INVESTMENTS LIMITED and were co-workers at the same 

facility.

76. At all times relevant hereto, Defendant CALET MARQUEZ was the supervisor of 

Plaintiff PABLO Z. FIGUEROA.

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77. On or about December 31, 2019 Defendant CALET MARQUEZ, while acting in the 

course and scope of his employment with Defendant INVESTMENTS LIMITED, 

he threatened to physically harm the Plaintiff PABLO Z. FIGUEROA, as further 

described in paragraphs 39-40 above.

78. At all times material hereto Plaintiff PABLO Z. FIGUEROA reasonably believed 

that Defendant CALET MARQUEZ had the ability to carry out the threats of bodily 

harm directed towards him. 

79. On December 31, 2019 Defendant CALET MARQUEZ proceeded to carry out his 

threat of bodily harm towards Plaintiff PABLO Z. FIGUEROA by slamming him 

against the door.

80. At said time and place, on December 31, 2020, Defendant CALET MARQUEZ 

proceeded to carry out his threat of bodily harm towards Plaintiff PABLO Z. 

FIGUEROA.

81. Said threats, behavior, and aggressive conduct by the Defendant CALET MARQUEZ 

directed towards the Plaintiff were carried out under such circumstances to cause the 

Plaintiff emotional distress and/or create a well-founded fear of imminent peril. 

82. Defendant INVESTMENTS LIMITED is subject to vicarious liability for the 

actions of its employee CALET MARQUEZ because these attacks on Plaintiff 

happened during and within the course and scope of his employment with 

Defendant and because it failed to take adequate remedial measures to prevent and 

to halt the violent conduct of its employee CALET MARQUEZ.

83. Defendant INVESTMENTS LIMITED is jointly liable for the damages caused by 

Defendant CALET MARQUEZ to Plaintiff PABLO Z. FIGUEROA for 

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Defendant’s failure to address or otherwise prevent Defendant CALET 

MARQUEZ from threatening or carrying out his threats of harm towards Plaintiff

PABLO Z. FIGUEROA.

84. That as a direct and proximate result of Defendant CALET MARQUEZ intentional 

and reckless behavior as referenced above, the Plaintiff PABLO Z. FIGUEROA has

been caused to suffer bodily injury, severe emotional distress, or the aggravation of a 

pre-existing condition.

85. Plaintiff has retained the law offices of the undersigned attorney to represent him

in this action and is obligated to pay a reasonable attorneys’ fee. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff PABLO Z. FIGUEROA demands judgment against 

INVESTMENTS LIMITED and CALET MARQUEZ individually for damages for past 

and future lost earnings, compensatory damages, punitive damages, court costs, attorney’s 

fees pursuant to Fla. Stat. § 57.105 and for any other relief that this Court may deem just 

and proper.

JURY TRIAL DEMAND

Plaintiff PABLO Z. FIGUEROA demands a trial by jury on all issues triable as of right by 

a jury.

COUNT IV:

BATTERY BASED UPON THE ACTIONS OF CALET MARQUEZ,

AGAINST ALL DEFENDANTS

86. Plaintiff MELANIE M. ROSARIO re-adopts every factual allegation as stated in 

paragraphs 1-52 of this Complaint as if set out in full herein.

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87. At all times material hereto, Plaintiff PABLO Z. FIGUEROA was employed by 

INVESTMENTS LIMITED as a maintenance employee. 

88. At all times material hereto, Defendant CALET MARQUEZ was employed by 

INVESTMENTS LIMITED as a maintenance supervisor. 

89. At all times relevant hereto, PABLO Z. FIGUEROA and CALET MARQUEZ were

both employees of INVESTMENTS LIMITED and were co-workers at the same 

facility.

90. At all times relevant hereto, Defendant CALET MARQUEZ was the supervisor of 

Plaintiff PABLO Z. FIGUEROA.

91. At all times relevant hereto CALET MARQUEZ was an individual with authority 

to alter and determine the Plaintiff’s terms and conditions of employment. 

Defendant CALET MARQUEZ used his position to discriminate and to harass 

Plaintiff based on his Race and Color.

92. On or about December 31, 2019 Defendant CALET MARQUEZ, while acting in the 

course and scope of his employment with Defendant INVESTMENTS LIMITED, 

he threatened to physically harm the Plaintiff PABLO Z. FIGUEROA, as further 

described in paragraphs 39-40 above.

93. At all times material hereto Plaintiff PABLO Z. FIGUEROA reasonably believed 

that Defendant CALET MARQUEZ had the ability to carry out the threats of bodily 

harm directed towards him. 

94. On December 31, 2019 Defendant CALET MARQUEZ proceeded to carry out his 

threat of bodily harm towards Plaintiff PABLO Z. FIGUEROA by slamming him 

against the door.

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95. On or about December 31, 2019, there was an argument about the responsibility of 

a damaged cable, and Supervisor CALET MARQUEZ got furious, he insulted and 

threatened Plaintiff. Supervisor CALET MARQUEZ told Plaintiff “you 

Neg.....you already got me tired”, then he used his two hands to push Plaintiff and 

slammed him against the door, Plaintiff hurt his back and his head, he did not fight 

back, he was paralyzed, in shock with severe chest pain, while Calet Marquez 

repeatedly threatened to cause Plaintiff and his son bodily harm.

96. Plaintiff called the Police and the rescue also was called. Plaintiff was taken to the 

E.R. with heart attack symptoms. He stayed at the hospital for one day, and he was 

prescribed 3 days of bed rest.

97. As a result of Defendant CALET MARQUEZ’S battery on the Plaintiff as stated 

above, the Plaintiff suffered harm, bodily injury, and/or offensive contact.

98. That Defendant CALET MARQUEZ had threatened the Plaintiff with bodily harm 

and/or offensive contact, and intentionally caused bodily harm and/or offensive 

contact to the Plaintiff PABLO Z. FIGUEROA and acted with reckless disregard 

of the consequences of his actions. 

99. The Plaintiff did not consent to Defendant’s acts. 

100. As a direct and proximate result of the intentional acts of CALET 

MARQUEZ, the Plaintiff experienced pain, suffering, mental anguish, physical 

injury, unnecessary medical care and expenses, lost wages, lost future wages, loss 

of future earning capacity, and was otherwise injured and damaged.

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101. CALET MARQUEZ’s acts were done knowingly, willfully, and with 

malicious intent, and Plaintiff is entitled to punitive damages in an amount to be 

determined by proof at trial. 

102. Defendant INVESTMENTS LIMITED is subject to vicarious liability for 

the actions of its employee CALET MARQUEZ because these attacks on Plaintiff 

happened during and within the course and scope of his employment with 

Defendant and because it failed to take adequate remedial measures to prevent and 

to halt the violent conduct of its employee CALET MARQUEZ.

103. Defendant INVESTMENTS LIMITED is jointly liable for the damages 

caused by Defendant CALET MARQUEZ to Plaintiff PABLO Z. FIGUEROA for 

Defendant’s failure to address or otherwise prevent Defendant CALET 

MARQUEZ from threatening or carrying out his threats of harm towards Plaintiff

PABLO Z. FIGUEROA.

104. The Plaintiff has retained the law offices of the undersigned attorney to 

represent him in this action and is obligated to pay reasonable attorneys’ fees. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff PABLO Z. FIGUEROA demands judgment against 

INVESTMENTS LIMITED and CALET MARQUEZ, individually for 

compensatory damages, punitive damages, court costs, attorney’s fees pursuant to 

Fla. Stat. § 57.105 and for any other relief that this Court may deem just and proper.

JURY TRIAL DEMAND

The Plaintiff PABLO Z. FIGUEROA demands a trial by jury on all issues triable 

as of right by a jury.

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COUNT V

RESPONDEAT SUPERIOR LIABILITY OF INVESTMENTS LIMITED 

FOR THE ACTS OF ITS EMPLOYEE CALET MARQUEZ, IN THE 

COURSE AND SCOPE OF HIS EMPLOYMENT

105. Plaintiff PABLO Z. FIGUEROA re-adopts every factual allegation as stated 

in paragraphs 1-52 and 72-104 of this Complaint as if set out in full herein. 

106. The Assault and Battery committed by Defendant CALET MARQUEZ on

the Plaintiff PABLO Z. FIGUEROA was during the time and space limits of their

employment with the Defendant INVESTMENTS LIMITED.

107. The unlawful actions prohibited by Florida law committed by Defendant

CALET MARQUEZ against the Plaintiff was during the time and space limits of 

their employment with the Defendant INVESTMENTS LIMITED.

108. At the time the unlawful employment actions against Plaintiff occurred, the 

Defendant CALET MARQUEZ had not stepped away from his employment with 

INVESTMENTS LIMITED.

109. As a direct and proximate result of the acts of Defendant CALET 

MARQUEZ, Defendant INVESTMENTS LIMITED is vicariously liable under the 

Doctrine of Respondeat Superior Liability.

110. The Plaintiff PABLO Z. FIGUEROA has suffered pain and suffering, 

mental anguish, loss of capacity for the enjoyment of life, loss of earnings, loss of 

ability to earn money, and aggravation of a previously existing condition. The 

losses are either permanent or continuing and Plaintiff will suffer the losses in the 

future.

Melanie

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PRAYER FOR RELIEF

WHEREFORE, the Plaintiff PABLO Z. FIGUEROA demands judgment against 

the Defendant UNIVERSIDAD LOGOS for damages plus the costs of this action

and reasonable attorney’s fees.

JURY TRIAL DEMAND

Plaintiff PABLO Z. FIGUEROA demands trial by a jury of all issues triable as of right by 

a jury.

Dated: June 30, 2020

 Respectfully submitted,

 By: _/s/ Zandro E. Palma____

ZANDRO E. PALMA, P.A.

Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500, Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 E-mail: zep@thepalmalawgroup.com

 Attorney for Plaintiff 

 

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