Reilley v. 2201 Collins Fee, LLC et al

Filing 1

COMPLAINT against All Plaintiffs. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by PATRICIA REILLEY. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Cohen, Judson)

UNITED STATES DISTRICT COURT
SOUTHER DISTRICT OF FLORIDA
CASE NO. 1:12-CV-21803
PATRICIA REILLEY,
Plaintiff,
vs.
2201 COLLINS FEE, LLC, a foreign
limited liability corporation d/b/a
W SOUTH BEACH and
STARWOOD HOTELS & RESORTS
WORLDWIDE, INC., a foreign
corporation,
Defendants.
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COMPLAINT FOR DAMAGES
Plaintiff, by and through her undersigned counsel, sues Defendants and alleges:
GENERAL ALLEGATIONS
1.

At all times material hereto, Plaintiff was and is a resident of the State of New Jersey.

2.

At all times material hereto, Defendant, 2201 COLLINS FEE, LLC, was and is a

foreign limited liability corporation d/b/a W SOUTH BEACH with its principal place of business
in Miami-Dade County, Florida.
3.

At all times material hereto, Defendant, STARWOOD HOTELS & RESORTS

WORLDWIDE, INC. was and is a foreign corporation conducting business in Miami-Dade County,
Florida.
4.

At all times material hereto, Defendant, STARWOOD HOTELS & RESORTS

WORLDWIDE, INC., was the management company in control of and responsible for maintaining

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Patricia Reilley v. 2201 Collins Fee, LLC
Case No.:1:12-CV-21803
Page 2

the hotel known as W SOUTH BEACH located at 2201 Collins Avenue in Miami-Dade County,
Florida.
5.

At all times material hereto, Defendant, 2201 COLLINS FEE, LLC, owned,

controlled and/or maintained the hotel known as W SOUTH BEACH located at 2201 Collins
Avenue in Miami-Dade County, Florida.
6.

On or about August 14, 2011 Plaintiff PATRICIA REILLEY was caused to trip and

fall due to the negligence of Defendants at the hotel known as W SOUTH BEACH located at 2201
Collins Avenue in Miami-Dade County, Florida. Plaintiff PATRICIA REILLEY was walking when
she caught her foot on the raised metal cover on the aforesaid premises. The metal cover was
circular, there were two of these large circular metal covers and a square metal cover in the middle
of pedestrian walkway. The exact location of the fall was identified to Defendants in a November
11, 2011 letter which attached photos of the area of the fall. Moreover, the area of the fall is known
to Defendants as they were notified of the fall when it happened and subsequent to the fall they
modified the metal covers in an attempt to fix the trip and fall hazard.
7.

Jurisdiction is founded on Diversity of Citizenship Jurisdiction, Title 28 U.S.C. §

1332, as the citizenship of Plaintiff is New Jersey and Defendant 2201 COLLINS FEE, LLC is New
York corporation and Defendant STARWOOD HOTELS & RESORTS WORLDWIDE, INC. a
Connecticut corporation and the amount in controversy exceeds $75,000.
8.

Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 1331

because the accident occurred in Miami-County, Florida.

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Suite 2900 SunTrust International Center, One Southeast 3rd Avenue, M iami, Florida 33131

Patricia Reilley v. 2201 Collins Fee, LLC
Case No.:1:12-CV-21803
Page 3

COUNT I
CLAIM FOR NEGLIGENCE AGAINST
DEFENDANT 2201 COLLINS FEE, LLC
9.

Plaintiff adopts and reavers the General Allegations.

10.

Defendant, 2201 COLLINS FEE, LLC, owed a duty to Plaintiff to keep said premises,

and in particular the pedestrian walkway where the two large circular metal covers were located, in
a reasonably safe condition and free of tripping hazards.
11.

Defendant breached said duty owed to Plaintiff by committing one or more of the

following negligent acts of commission and/or omission:
a.

Defendant created a dangerous and defective condition, to wit:
(1)

Carelessly and negligently failing to properly maintain the aforesaid
pedestrian walkway so that it was safe to walk on;

(2)

Carelessly and negligently allowing a trip hazard to be created or
continue to exist on the aforesaid pedestrian walkway;

(3)

Carelessly and negligently failing to properly inspect for trip hazards
the aforesaid pedestrian walkway;

(4)

Carelessly and negligently accepting the construction and installation
of the large circular metal covers such that they could lift up and
remain raised thereby creating a trip hazard;

(5)

Carelessly and negligently failing to make sure the lids of the metal
circular covers were securely in the down position, thus creating a trip
hazard; and,

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Suite 2900 SunTrust International Center, One Southeast 3rd Avenue, M iami, Florida 33131

Patricia Reilley v. 2201 Collins Fee, LLC
Case No.:1:12-CV-21803
Page 4

(6)

Carelessly and negligently failing to place high contrast paint or
markings on the edges of the circular metal lids to warn pedestrians
of the trip hazard.

b.

Defendant knew of the existence of said dangerous and defective condition

or in the exercise of reasonable care should have known of the existence of said condition.
c.

Defendant failed to warn Plaintiff of said dangerous and defective condition

or, in the alternative, allowed said dangerous and defective condition to exist for a length of time
sufficient in which a reasonable inspection would have disclosed the same.
COUNT II
CLAIM FOR NEGLIGENCE AGAINST
DEFENDANT STARWOOD HOTELS & RESORTS WORLDWIDE, INC.
12.

Plaintiff adopts and reavers the General Allegations.

13.

Defendant, STARWOOD HOTELS & RESORTS WORLDWIDE, INC., owed a duty

to Plaintiff to keep said premises, and in particular the pedestrian walkway where the two large
circular metal covers were located, in a reasonably safe condition and free of tripping hazards.
14.

Defendant breached said duty owed to Plaintiff by committing one or more of the

following negligent acts of commission and/or omission:
a.

Defendant created a dangerous and defective condition, to wit:
(1)

Carelessly and negligently failing to properly maintain the aforesaid
pedestrian walkway so that it was safe to walk on;

(2)

Carelessly and negligently allowing a trip hazard to be created or
continue to exist on the aforesaid pedestrian walkway;

Cohen Law Offices
Suite 2900 SunTrust International Center, One Southeast 3rd Avenue, M iami, Florida 33131

Patricia Reilley v. 2201 Collins Fee, LLC
Case No.:1:12-CV-21803
Page 5

(3)

Carelessly and negligently failing to properly inspect for trip hazards
the aforesaid pedestrian walkway;

(4)

Carelessly and negligently accepting the construction and installation
of the large circular metal covers such that they could lift up and
remain raised thereby creating a trip hazard;

(5)

Carelessly and negligently failing to make sure the lids of the metal
circular covers were securely in the down position, thus creating a trip
hazard; and,

(6)

Carelessly and negligently failing to place high contrast paint or
markings on the edges of the circular metal lids to warn pedestrians
of the trip hazard.

b.

Defendant knew of the existence of said dangerous and defective condition or in the

exercise of reasonable care should have known of the existence of said condition.
c.

Defendant failed to warn Plaintiff of said dangerous and defective condition or, in the

alternative, allowed said dangerous and defective condition to exist for a length of time sufficient
in which a reasonable inspection would have disclosed the same.
PRAYER FOR RELIEF AS TO ALL COUNTS
15.

As a direct and proximate result of the negligence of Defendants as aforesaid, Plaintiff

was injured in and about their body and extremities and/or aggravated a pre-existing condition,
suffered pain therefrom, suffered physical handicap, loss of earnings, incurred medical expenses for
the care and treatment of their injuries, and their working ability was impaired; said injuries are

Cohen Law Offices
Suite 2900 SunTrust International Center, One Southeast 3rd Avenue, M iami, Florida 33131

Patricia Reilley v. 2201 Collins Fee, LLC
Case No.:1:12-CV-21803
Page 6

either permanent or continuing in nature and the Plaintiff will suffer such losses and impairments
in the future.
WHEREFORE, Plaintiff sues Defendants for an amount within the jurisdictional limits of
this Court, plus such other relief as allowed by law or equity.
JURY DEMAND
Plaintiff demands a trial by jury of all issues triable as a matter of right by a jury.
COHEN LAW OFFICES, P.A.
Counsel for Plaintiff
SunTrust International Center, Suite 2900
One Southeast Third Avenue
Miami, Florida 33131
Telephone:
Dade 305-374-1011
Broward 954-962-8088
By

/s Judson Cohen
JUDSON L. COHEN
[e-mail]
Fla.Bar No. 948748

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Cohen Law Offices
Suite 2900 SunTrust International Center, One Southeast 3rd Avenue, M iami, Florida 33131