HomeMy WebLinkAboutCRA-R-24-0022 Exhibit AExhibit "A"
EMMANUEL MIOT,
Plaintiff,
vs.
CITY OF MIAMI, MIAMI PARKING
AUTHORITY, SOUTHEAST
OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY
Defendants.
IN THE CIRCUIT COURT OF THE 11TII
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
CASE NO.:
Complaint for Damages
JURY TRIAL DEMANDED
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
The Plaintiff, EMMANUEL MIOT, by and through the undersigned counsel sues
Defendants, CITY OF MIAMI, MIAMI PARKING AUTHORITY, and SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, and alleges
the following:
1. This is an action for damages more than $50,000 (FIFTY THOUSAND DOLLARS),
exclusive of attorney's fees and costs.
2. Plaintiff, EMMANUEL MIOT, was a resident of Miami -Dade County, Florida at the time
of the subject incident, and was so at all relevant times hereto, however, Plaintiff is now a
resident of Fulton County, Georgia.
3. At all times material hereto, Defendant, CITY OF MIAMI, was a municipal entity of the
State of Florida or is otherwise authorized and existed under the laws of Florida.
4. At all times material hereto, Defendant, MIAMI PARKING AUTHORITY, was a
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municipal entity of the State of Florida or is otherwise authorized and existed under the
laws of Florida.
5. At all times material hereto, Defendant, SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, was a municipal entity of the State of
Florida or is otherwise authorized and existed under the laws of Florida.
6. Plaintiff, MIOT, has complied with all conditions precedent to the filing of this lawsuit,
specifically including Fla. Stat. Section 768.28.
7. Venue and jurisdiction are proper in Miami -Dade County, Florida.
8. All conditions precedent to bringing this action have been complied with or waived.
GENERAL ALLEGATIONS
9. That on or about June 4, 2021, Plaintiff, Emmanuel Miot, was walking through an unlit
parking lot adjacent to pay by phone lot #49215, when suddenly and without warning
Emmanuel fell into an unmarked open manhole/storm grate.
10. This parking lot is under the control and/or maintained by Defendants, City of Miami,
Miami Parking Authority, and Southeast Overtown/Park West Community Redevelopment
Agency.
11. As a result of this incident, Emmanuel's left leg went into the hole striking his left knee
while his right leg was stretched out in front of him. Emmanuel also struck his lower back,
and needed the help of a friend to exit the manhole.
12. Emmanuel was seriously and permanently injured as a result of this incident.
COUNT ONE
NEGLIGENCE AGAINST CITY OF MIAMI
Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1
2
through 12 above, and further alleges:
13. Defendant, CITY OF MIAMI, owned, controlled, and/or was responsible for maintining
the area where the Plaintiff tripped and fell.
14. At all times material. Defendant, CITY OF MIAMI, owed the Plaintff a duty to maintain
its parking lots in a reasonably safe condition, to refrain from conduct which might injure
the Plaintiff, to remedy any and all tripping hazards, and to warn him of any dangerous
conditions.
15. Defendant, CITY OF MIAMI, its agents, servants, or employees breached its duty owed to
Plaintiff by failing:
a. To maintiain the subject parking lot in a reasonably safe condition; and/or
b. Negligently creating a tripping hazzard; and/or
c. Negligently failing to properly repair the subject parking lot; and/or
d. Negligently failing to warn the Plaintff of the hazardous conditions of the subject
parking lot; and/or
e. Negligently failing to mainting the subject parking lot as required by any and all
applicable city ordinances, and/or any other laws and/or code providing the duty to
maintain and/or repair the parking lot; and/or
f. Was otherwise negligent in a manner that will be disclosed through discovery.
16. Defendant, CITY OF MIAMI, knew or, in the exercise of reasonable care, should have
known of the existence of the dangerous tripping condition and/or the condition has existed
for a significant length of time that Defendant, CITY OF MIAMI, knew of should have
known of the condition and could have easily remedied the condition.
17. As a direct and proximate result of Defendant, CITY OF MIAMI'S negligence, the
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Plaintiff, Emmanuel Miot, tripped and fell into an opened manhole, suffering bodily injury
resulting in pain and siffering, disability, disfigurement, mental anguish, loss of capacity
for the enjoyment of life, the expense of hospitalization, medical treatment, loss of
earnings, and loss of income and ability to earn money. These loses are either permanent
or continuing and the Plaintiff will suffer these into the future.
WHEREFORE, Plaintiff, Emmanuel Miot, demands judgment against the
Defendant, CITY OF MIAMI, to be determined at trial in this matter, together with interest,
costs, and any other relief this Court deems just and proper. Plaintiff, Emmanuel Miot,
further demands a trial by jury on all issues triable as a matter of right.
COUNT TWO
NEGLIGENCE AGINST MIAMI PARKING AUTHORITY
Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1
through 12 above, and further alleges:
18. Defendant, MIAMI PARKING AUTHORITY, owned, controlled, and/or was responsible
for maintiaing the area where the Plaintiff tripped and fell.
19. At all times material hereto, Defendant, MIAMI PARKNG AUTHORITY, owed the
Plaintiff a duty to maintain its parking lots in a reasonably safe condition, to refrain from
conduct which might injure the Plaitiff, to remedy any and all tripping hazards, and to warn
him of any dangerous conditions.
20. Defendant, MIAMI PARKING AUTHORITY, its agents, servants, or employees breached
its duty owed to plaintiff by failing:
a. To maintiain the subject parking lot in a reasonably safe condition; and/or
b. Negligently creating a tripping hazzard; and/or
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c. Negligently failing to properly repair the subject parking lot; and/or
d. Negligently failing to warn the Plaintff of the hazardous conditions of the subject
parking lot; and/or
e. Negligently failing to mainting the subject parking lot as required by any and all
applicable city ordinances, and/or any other laws and/or code providing the duty to
maintain and/or repair the parking lot; and/or
f. Was otherwise negligent in a manner that will be disclosed through discovery.
21. Defendant, MIAMI PARKING AUTHORITY, knew or, in the exercise of reasonable care,
should have known of the existence of the dangerous tripping condition and/or the
condfition has existed for a significant length of time that Defendant, MIAMI PARKING
AUTHORITY, knew oe should have known of the condition and could have easily
remedied the condition.
22. As a direct and proximate result of Defendant, MIAMI PARKING AUTHORITY'S,
negligence, the Plaintiff, Emmauel Miot, tripped and fell and suffered bodily injury
resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity
for the enjoyment of life, the expense of hospoitalization, medical and nurising care
treatment, loss of eanings, and loss income and the ability to earn money. These losses are
either permanent or continuing and the Plaintidd will suffer these into the future.
WHEREFORE, Plaintiff, Emmanuel Miot, demands judgment against the
Defendant, MIAMI PARKING AUTHORITY, to be determined at trial in this matter,
together with interest, costs, and any other relief this Court deems just and proper. Plaintiff,
Emmanuel Miot, further demands a trial by jury on all issues triable as a matter of right.
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COUNT THREE
NEGLIGENCE AGAINST SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1
through 12 above, and further alleges:
23. Defendant, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, owned, controlled, and/or was responsible for maintiaing
the area, in particular, the lighting, where the Plaintiff tripped and fell into an uncovered
manhole.
24. At all times material hereto, Defendant, SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, owed the Plaintiff a duty to maintain its
parking lots in a reasonably safe condition, to refrain from conduct which might injure the
Plaitiff, to remedy any and all tripping hazards, and to warn him of any dangerous
conditions.
25. Defendant, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, its agents, servants, or employees breached its duty owed
to plaintiff by failing:
a. To maintiain the subject parking lot in a reasonably safe condition; and/or
b. Negligently creating a tripping hazzard; and/or
c. Negligently failing to properly repair the subject parking lot; and/or
d. Negligently failing to warn the Plaintff of the hazardous conditions of the subject
parking lot; and/or
e. Negligently failing to inainting the subject parking lot as required by any and all
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applicable city ordinances, and/or any other laws and/or code providing the duty to
maintain and/or repair the parking lot; and/or -
f. Was otherwise negligent in a manner that will be disclosed through discovery.
26. Defendant, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, knew or, in the exercise of reasonable care, should have
known of the existence of the dangerous tripping condition and/or the condfition has
existed for a significant length of time that Defendant, SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, knew oe
should have known of the condition and could have easily remedied the condition.
27. As a direct and proximate result of Defendant, SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY'S, negligence, the Plaintiff, Emmauel
Miot, tripped and fell and suffered bodily injury resulting in pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, the expense of
hospoitalization, medical and nurising care treatment, loss of eanings, and loss income and
the ability to earn money. These losses are either permanent or continuing and the Plaintidd
will suffer these into the future.
WHEREFORE, Plaintiff, Emmanuel Miot, demands judgment against the
Defendant, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, to be determined at trial in this matter, together with
interest, costs, and any other relief this Court deems just and proper. Plaintiff, Emmanuel
Miot, further demands a trial by jury on all issues triable as a matter of right.
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DEMAND FOR JURY TRIAL
Plaintiff in the above style cause hereby demands a trial by jury on all the issues triable by
right.
Dated on December 7, 2023
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/s/ Jean C. Polo, Jr., Esq.
JEAN C. POLO, JR., ESQ.
Bar No. 116241
PololPimentel Law, P.A.
1031 Ives Dairy Road, Suite 228
Miami, FL 33179
Ph: 305. 714. 5304
Fax: 954. 945. 7148
Jean@polopimentellaw.com
Info@PoloPimentelLaw.com
www.PoloPimentelLaw. com
Attorney for Plaintiff
Proof
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contact information may be found in
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Type: Entity
Registered Agent: N/A
Subpoena: No
Witness Fee: None
Serve Speed: Standard
Primary Address:
Residential - 819 Northwest 2nd
Avenue, 3rd Floor, Miami, FL 33136
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY
Serve Documents
Job #429479
Entity to be Served: SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
Matter Number/Name: 00018
Additional Notes:
Florida Serve Rules
Notary: Not Required
Cannot serve on Sundays
Affidavit needs to state when server received documents from Proof and that server placed initials, identification
number and date and hour of service on served documents.
INDIVIDUAL + Personal + Substituted + Dwelling/house/Usual place of abode - competent member of the
household, 15+ - be informed of the contents thereof + Usual place of business - Employer must allow service on a
defendant or witness in a private area at workplace + Spousal - May serve the spouse of defendant or witness if
they agree to meet - Does not include divorce proceedings + D/B/A (sole proprietorship) (ONLY IF TWO ATTEMPTS
HAVE BEEN MADE TO PERSONALLY SERVE) - Serve person in charge at place of business during regular business
hours + If the only address for the defendant or witness is a private mailbox, a virtual office, an executive office or
mini suite - Serve person in charge of mailbox/virtual office etc. at location
PARTNERSHIPS AND LIMITED PARTNERSHIPS + any partner or designated employee by partner during business
hours + Substituted after 1 attempt is allowed - person in charge during business hours
LIMITED LIABILITY COMPANY (LLC) + Registered Agent or any employee of registered agent + If Registered Agent
not available, service any member/manager + If Registered Agent, member or manager not available, sub service
on any person in charge + Sub serve on Secretary of State if all else fails
CORPORATION + President, Vice President, CEO, or other head of the corporation - In their absence - cashier,
treasurer, secretary, or general manager + In their absence - any director - In their absence - any officer or business
agent residing in the state. + Address is a private mailbox/virtual office - person in charge, but they must also
maintain a mailbox/virtual office etc. at location
FINANCIAL INSTITUTIONS + Registered Agent - Sub on any officer, director, or business agent at any place of
business.
PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.) + president, mayor, chair, or other head thereof - In their absence -
vice president, vice mayor, or vice chair + In their absence - member of the governing board, council, or commission
+ State of Florida - state attorney or an assistant state attorney
NONRESIDENT MOTOR VEHICLE OPERATOR + Secretary of State is agent
MINOR + Parent, guardian or conservator
INCOMPETENT PERSON + Parent, guardian or conservator - Must serve 2 copies
POSTING (EVICTIONS) + Must make 2 separate attempts at least 6 hours apart + No one under 15 can be living in
the residence
Attempt Log
Description