EXHIBIT “A” 

Case 0:22-cv-61034-KMM Document 1-1 Entered on FLSD Docket 06/01/2022 Page 1 of 4
IN THE CIRCUIT COURT OF THE 

17TH JUDICIAL CIRCUIT, IN AND 

FOR BROWARD COUNTY, FLORIDA 

CASE NO. 

MERTA MAE SINCLAIR, 

Plaintiff, 

vs. 

WAL-MART STORES EAST, LP, 

Defendant. 

/ 

COMPLAINT FOR DAMAGES 

COMES NOW the Plaintiff, MERTA MAE SINCLAIR, by and through 

undersigned counsel and sues the Defendant, WAL-MART STORES EAST, LP, 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, MERTA MAE SINCLAIR, at all times material and 

relevant hereto was a resident of Sunrise, Broward County, Florida, and is sui juris. 

3. That the Defendant, WAL-MART STORES EAST, LP, is and has been 

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

4. That on or about May 28, 2021, the Plaintiff, MERTA MAE SINCLAIR, 

was lawfully on the premises of the Defendant, WAL-MART STORES EAST, LP, located 

at 1885 North Pine Island Road, Plantation, Broward County, Florida, as a business 

invitee. 

5. That on or about May 28, 2021, the Defendant, WAL-MART STORES 

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

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possession and control of the premises. 

6. That on or about May 28, 2021 the Defendant, WAL-MART STORES 

EAST, LP, by and through its agents, employees, and/or servants, negligently and 

carelessly maintained the above mentioned premises, to-wit: by allowing a dirty, slippery 

substance to remain on the floor in an area where patrons are expected to traverse, 

creating a dangerous and hazardous condition, causing the Plaintiff, MERTA MAE 

SINCLAIR, to slip and fall and seriously injure herself. 

7. That the Defendant, WAL-MART STORES EAST, LP, either knew or 

should have known of the existence of the dangerous condition of the common area and 

should have taken steps to warn the Plaintiff, MERTA MAE SINCLAIR, of the existence of 

the dangerous condition. 

8. That the Defendant, WAL-MART STORES EAST, LP, had a nondelegable duty to maintain the common areas in a reasonably safe and proper condition 

for the general public. 

9. That the Defendant failed to maintain said common areas in a safe 

and proper condition. 

10. That the Defendant, WAL-MART STORES EAST, LP, was negligent 

in creating or permitting the aforementioned dangerous and hazardous condition to remain 

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

11. That the Defendant, WAL-MART STORES EAST, LP, failed to warn 

the Plaintiff, MERTA MAE SINCLAIR, of the aforementioned condition and the risk involved 

in as much as the presence of the Plaintiff, MERTA MAE SINCLAIR, was known or 

reasonably foreseeable by the Defendant, WAL-MART STORES EAST, LP, and the 

Plaintiff, MERTA MAE SINCLAIR, neither knew nor should have known of said condition 

and risk by the use of reasonable care. 

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12. That as a result of the Defendant's negligence, Plaintiff, MERTA MAE 

SINCLAIR, was severely injured. 

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

Defendant, WAL-MART STORES EAST, LP, the Plaintiff, MERTA MAE SINCLAIR, 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. 

14. In addition, as a direct and proximate result of the Defendant, WALMART STORES EAST, LP, the Plaintiff, MERTA MAE SINCLAIR, 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, WAL-MART STORES EAST, LP, and a trial by jury of all issues triable as a 

right by a jury. 

DATED this 28th day of April 2021. 

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: /s/ Wiltiann, C. P 

WILLIAM C. RUG ERO 

Florida Bar No. 878499 

WCR:frt 

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