[PI-21-18626/1213274/1]

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

CASE NO.: 0:22-CV-62141

MICHAEL UMINSKY,

Plaintiff,

vs.

UNITED STATES OF AMERICA,

Defendant.

____________________________________________/

COMPLAINT and DEMAND FOR JURY TRIAL

COMES NOW, Plaintiff MICHAEL UMINSKY, by and through the undersigned 

attorneys, and sues Defendant UNITED STATES OF AMERICA, and alleges as follows:

PARTIES

1. At all times material hereto, Plaintiff MICHAEL UMINSKY (“Plaintiff’) was and 

is a citizen of the United States of America and a resident of Broward County, Florida. 

2. At all times material hereto, Defendant UNITED STATES OF AMERICA

(“Defendant” or “USA”) owned and/or operated the United States Postal Service office located at 

1950 Northeast 6

th Street, Pompano Beach, Broward County, Florida. 

JURISDICTION AND VENUE

3. The subject matter jurisdiction of this Honorable Court is predicated upon the 

Federal Tort Claims Act, Section 2671 through 2680 of Title 28 of the United States Code which 

deems the Defendant UNITED STATES OF AMERICA, liable under the Federal Tort Claims Act 

(“FTCA”) for the actions of employees of the federal government including, but not limited to, 

employees of the United States Postal Service, as entities of the federal government.

Case 0:22-cv-62141-AHS Document 1 Entered on FLSD Docket 11/17/2022 Page 1 of 5
[PI-21-18626/1213274/1]

4. Jurisdiction is proper in the Southern District of Florida pursuant to 28 U.S.C. § 

1346(b)(1). 

5. Venue is properly within this District under 28 U.S.C. §1402(b) as the acts or 

omissions complained of occurred in the Southern District of Florida and Plaintiff resides within 

the Southern District of Florida.

6. On or around November 19, 2021, Plaintiff submitted an Administrative Claim for 

the claim set forth below to the United States Postal Service pursuant to 28 U.S.C. §2401(b).

7. Pursuant to 28 U.S.C. §2675, the United States Postal Service was allowed six (6) 

months to complete its administrative investigation but the United States Postal Service has failed 

to make a final disposition of this claim within those six (6) months. 

8. At least six (6) months have elapsed and all conditions precedent to a Federal Tort 

Claims Act have been met.

GENERAL ALLEGATIONS

9. On February 16, 2021, Plaintiff MICHAEL UMINSKY was a business invitee of 

Defendant, UNITED STATES OF AMERICA, at the United States Post Office located at 1950 

NE 6th Street, Pompano Beach, Broward County, Florida (hereinafter the “Premises”). 

10. At the aforementioned time and place, after Plaintiff MICHAEL UMINSKY 

completed his transaction at the counter inside the Premises, Plaintiff MICHAEL UMINSKY 

suddenly tripped and fell over boxes that an employee or employees of Defendant had negligently 

and recklessly placed behind Plaintiff and directly on the floor in an area known to be trafficked 

by customers and other business invitees, resulting in significant injuries to Plaintiff.

11. At all times material to this cause of action, Defendant, UNITED STATES OF 

AMERICA, owned and/or was in control of Premises.

Case 0:22-cv-62141-AHS Document 1 Entered on FLSD Docket 11/17/2022 Page 2 of 5
[PI-21-18626/1213274/1]

12. At all times material to this cause of action, Defendant, UNITED STATES OF 

AMERICA, owed a non-delegable duty of care to maintain the Premises in a reasonably safe 

condition for the safety of business invitees on the Premises, including Plaintiff MICHAEL 

UMINSKY.

COUNT I - NEGLIGENCE

13. At the aforementioned time and place, Defendant, UNITED STATES OF 

AMERICA, by and through the actions or omissions of its agents, servants, and/or employees, 

breached the aforementioned duty of care in at least the following ways: 

a. By creating a dangerous condition and trip hazard on the Premises, i.e., boxes

carelessly situated on the floor in an area where business invitees regularly 

traversed; and/or

b. By failing to correct a dangerous condition and trip hazard on the Premises that 

Defendant, UNITED STATES OF AMERICA, created, i.e., boxes carelessly 

situated on the floor in an area where business invitees regularly traversed; and/or

c. By failing to adequately warn business invitees, including the Plaintiff, of a 

dangerous condition and trip hazard on the Premises that Defendant, UNITED 

STATES OF AMERICA, created, i.e., boxes carelessly situated on the floor in an 

area where business invitees regularly traversed; and/or

d. By failing to correct a dangerous condition and trip hazard on the Premises of which 

Defendant, UNITED STATES OF AMERICA either had knowledge, or, in the 

exercise of reasonable care, of which it should have known, i.e., boxes carelessly 

situated on the floor in an area where business invitees regularly traversed; and/or

Case 0:22-cv-62141-AHS Document 1 Entered on FLSD Docket 11/17/2022 Page 3 of 5
[PI-21-18626/1213274/1]

e. By failing to adequately warn residents and guests, including the Plaintiff, of a 

dangerous condition and trip hazard on the Premises of which Defendant, UNITED 

STATES OF AMERICA, either had knowledge, or, in the exercise of reasonable 

care, of which it should have known, i.e., boxes carelessly situated on the floor in 

an area where business invitees regularly traversed; and/or

f. By failing to have a proper maintenance/safety/clean-up plan in place in order to 

prevent a dangerous condition and trip hazard on the Premises, i.e., boxes carelessly 

situated on the floor in an area where business invitees regularly traversed.

14. Defendant, UNITED STATES OF AMERICA, had actual or constructive 

knowledge of the dangerous condition and trip hazard and should have taken action to remedy it.

15. In the alternative, the dangerous condition and trip hazard existed upon the 

Premises for such a length of time that, in the exercise of reasonable care, Defendant, UNITED 

STATES OF AMERICA, should have known of the dangerous condition and trip hazard.

16. Plaintiff did not know of this dangerous condition and trip hazard at any time prior 

to the subject incident.

17. As a direct and proximate result of the negligence of Defendant, UNITED STATES 

OF AMERICA, Plaintiff MICHAEL UMINSKY suffered bodily injuries, disability, discomfort, 

pain and suffering, mental anguish, loss of capacity for the enjoyment of life, loss of wages, and 

loss of wage earning capacity, and aggravation of pre-existing conditions, all of which conditions 

are continuing or are permanent in nature. Furthermore, Plaintiff MICHAEL UMINSKY was 

forced to incur hospital, medical, surgical and/or nursing expenses in the past and will be required 

to incur such costs in the future for the care and treatment of the injuries received in this accident.

Case 0:22-cv-62141-AHS Document 1 Entered on FLSD Docket 11/17/2022 Page 4 of 5
[PI-21-18626/1213274/1]

WHEREFORE, Plaintiff, MICHAEL UMINSKY demands judgment for damages against 

Defendant, UNITED STATES OF AMERICA, and trial by jury of all issues triable as of right by 

a jury. 

Respectfully submitted this 17th day of November, 2022.

Madalon Law 

Attorneys for the Plaintiff

100 North Federal Highway, Suite CU-5, 

Fort Lauderdale, Florida 33301

Telephone: 954.923.0072

Facsimile: 954.923.0074

Email: pleadings@madalonlaw.com

By: /s/ Joseph Madalon

Joseph C. Madalon, Esquire

FBN: 735485

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 17, 2022, I filed the foregoing document with the 

Clerk of the Court via electronic filing. I also certify that the foregoing document is being served 

this day on all counsel of record or pro se parties identified on the attached Service List in the 

manner specified, either via E-Mail or in some other authorized manner for those counsel or parties 

who are not authorized to receive electronically Notices of Filing. 

Madalon Law

Attorneys for Plaintiff

100 North Federal Hwy., 

Suite CU-5, 4th Floor

Fort Lauderdale, FL 33301

Telephone: (954) 923-0072

Facsimile: (954) 923-0074

Email: pleadings@madalonlaw.com

 

By: /s/ Joseph Madalon___

Joseph Madalon, Esq.

Florida Bar Number 735485 

Case 0:22-cv-62141-AHS Document 1 Entered on FLSD Docket 11/17/2022 Page 5 of 5