HomeMy WebLinkAbout1107 b) That the Defendant created an additional hazard by
allowing debris, trash, refuse or other items to be stored, or otherwise
be placed, or remaining, upon a dark stairway thereby making it even
more difficult for a person to navigate the aforementioned stairway;
c) That the condition upon the stairway as alleged herein
existed for a sufficient period of time for the Defendant CONDOMINIUM
ASSOCIATION to know, or in the exercise of reasonable care, it should
have known of the existence of said dangerous and defective conditions;
d) That the Defendant CONDOMINIUM ASSOCIATION knew or
should have known that the stairway created a hazard conducive to
falling especially by individuals not familiar with the premises.
e) That the Defendant negligently and carelessly failed
to notify the Plaintiff of the existence of such dangerous conditions.
6. That the proximate cause of the Plaintiff's fall was
the darkened, hazardous and unkempt condition of the stairway.
7. As a direct and proximate result of the negligence~of .
the Defendant CONDOMINIUM ASSOCIATION, the Plaintiff fell, severely
injuring his body and extremities, incurring an inability to lead a
normal life, sustaining pain and suffering, disability, humiliation
and loss or earnings and earning capacity. All of such injuries are
continuing into the future and by their nature are permanent in
character.
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8. The Plaintiff is a third party beneficiary of the policy
~ of public liability insurance issued by AETNA INSURANCE COMPANY to
the Defendant CONDOMINIUM ASSOCIATION.
WHEREFORE, the Plaintiff sues the Defendants for dame es
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and demands a trial~by jury.
I HEREBY CERTIFY that a copy of the foregoing has been
furnished to JUSTUS W. REID, ESQUIRE, Magill & Reid, P.A., 250 Royal
Palm Way, Suite 202, Palm Beach, Florida, 33480, Attorney for Defendants,
by mail, on this 28th day of October, 1980.
~ ST.L~' `f ~ 'l A.
k ~ ~ ~ _ ~ , r' + \ --rte
~~`Y n •80 Post Office Box 4341
Fort Pierce, Florida 33454
5(1~~41~ Attorney for Plaintiff
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